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 19730000 English
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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1973 19730000 Compiled and Published by Authority of The State
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Compiler's Note To speed publication, the Acts and Resolutions of the 1973 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 1484. The proposed amendments to the Constitution were grouped together beginning at page 1485 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 are printed in Volume Two beginning on page 3977. These were filed in the office of the Secretary of State during 1972 and 1973, except the amendment appearing on page 3978 which was received in 1968 but inadvertently not previously published. Home Rule Actions by Counties filed in the office of Secretary of State during 1972 and 1973 are printed in Volume Two beginning on page 3970. These are no intervening pages between 1528 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.
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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1973 LEE COUNTYSUPERIOR COURT CLERK PLACED ON SALARY. No. 3 (House Bill No. 82). An Act to amend an Act abolishing the fee system of compensating the clerk of the superior court of Lee County and providing an annual salary for said officer, approved March 26, 1964 (Ga. L. 1964, p. 3231), as amended, 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 abolishing the fee system of compensating the clerk of the superior court of Lee County and providing an annual salary for said officer, approved March 26,
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1964 (Ga. L. 1964, p. 3231), as amended, is hereby amended by striking from section 2 the following: $7,500.00 and $8,500.00 and inserting in lieu thereof the following: $8,500.00 and $12,000.00, respectively, so that when so amended section 2 shall read as follows: Section 2. The clerk of the superior court shall receive an annual salary of not less than $8,500.00 and not more than $12,000.00, to be fixed by the governing authority of Lee County, payable in equal monthly installments from the funds of Lee 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 Notice of Intention to Introduce for Passage of a Local Bill. Notice is hereby given that the 1973 January-February Session of the General Assembly of Georgia a bill will be introduced to establish the minimum salary of the Clerk of Superior Court, Lee County, Georgia and for other purposes. This 12th day of December, 1972. W. M. Coxwell Clerk Superior Court Lee County, Georgia
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Colquitt Odom who, on oath, deposes and says that he is Representative from the 114th 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, 1972. /s/ Colquitt Odom Representative, 114th District Sworn to and subscribed before me, this 8th day of January, 1973. /s/ Yvonne Redding, Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1975. (Seal). Approved February 22, 1973. CLAYTON COUNTYBOARD OF COMMISSIONERS ACT AMENDED. No. 6 (House Bill No. 77). 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, so as to change the number of members required for a quorum; to change the qualifications of the comptroller-administrative assistant; to change the minimum and maximum compensation which may be paid to the comptroller-administrative assistant; to change the duties and qualifications of the clerk; to create a Purchasing Department for Clayton County; to create the office of purchasing agent of Clayton County; to provide for the powers, duties, bond and compensation
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of the purchasing agent; to provide for purchasing procedures; to provide for all other matters relative to the foregoing; to change the provisions relating to the employment of persons related to any member of the Board by blood or marriage; 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 Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), 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. Meetings. The Board of Commissioners shall hold regular meetings on the first and third Tuesday of each month at the county courthouse; which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the Chairman or any three members of the Board, provided all members shall have been notified at least three days in advance of such special meeting. Whenever any regular meeting of the Board shall fall on a holiday, the meeting shall be held on the following day. No official action shall be taken by the Board except in a meeting which is open to the public. Any three members of the Board shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least three members of the Board. The Chairman shall be entitled to the same voting rights as other Board members on questions considered by the Board. All zoning meetings shall be conducted at night beginning at 7:30 p.m. Meetings. Quorum. Section 2. 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
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assistant shall not be covered by any provisions of the Civil Service System of Clayton County. The comptroller-administrative assistant shall have a minimum of three years of general accounting experience with a recognized accounting firm or a degree in accounting from a recognized educational institution of 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 ten thousand dollars ($10,000.00) per annum nor more than sixteen thousand five hundred dollars ($16,500.00) 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. (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 or agency of the county entitled to receive same. (d) Draw and sign all checks and warrants against county funds, countersigned by the chairman or vice-chairman, specify the account against which such funds are drawn and record same in a book which may be the stub of such checks and warrants showing the amount of each check or warrant, to whom payable and for what consideration. (e) Maintain current accounts of the collection and deposit
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of monies due the county from taxes and other sources. (f) Examine all claims against the county and make recommendations as to payment. (g) 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. (h) Maintain proprietary accounts of the current assets and of the liabilities of all county funds. (i) Prepare and issue monthly budgetary reports of the operations of all county funds. (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 of 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. 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. The Board is hereby authorized to employ a clerk and an assistant clerk and fix their compensation. The clerk and assistant clerk shall serve at the pleasure of the Board. It shall be the duty of the clerk to attend all meetings of the Board and to record and maintain minutes of the proceedings in a book kept for that purpose. The clerk shall keep such office hours in the office of the Board at the courthouse as shall be designated by the Board. The clerk shall perform such other duties as may be required of
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him by the Board. The duties of the assistant clerk shall be the same as the clerk in the absence of the clerk from the county or in the event the clerk is incapacitated and cannot perform the duties of his office. Clerk, etc. Section 4. Said Act is further amended by striking section 12B in its entirety and inserting in lieu thereof a new section 12B, to read as follows: Section 12B. There is hereby created a Purchasing Department for Clayton County. The Purchasing Department shall consist of a purchasing agent and such subordinate personnel as may be employed from time to time by the Board. The Board shall have general supervision of the Purchasing Department. Purchasing Dept. Section 5. Said Act is further amended by adding a new section, immediately following section 12B, to be designated section 12C, to read as follows: Section 12C. (a) There is hereby created the office of purchasing agent of Clayton County. The Board is hereby authorized to employ a purchasing agent who shall be a full-time employee of Clayton County, eligible to come under the Clayton County Civil Service System, and who shall be compensated in equal monthly installments from the funds of Clayton County in an amount to be fixed by the Board. The purchasing agent shall devote his entire time to the duties of his office and shall keep such office hours as the Board shall designate. The purchasing agent shall give a surety bond, signed by a surety company, licensed to transact business in this State, to be approved by the ordinary of Clayton County, in the sum of twenty-five thousand dollars ($25,000.00), payable to the ordinary and his successors in office, and conditioned upon the satisfactory discharge of his duties in carrying out the conditions thereof, which bond may be sued upon in the name of the ordinary, either on his own motion or by direction of the grand jury of the county. The premium for the bond shall be paid from the funds of Clayton County. Purchasing agent. (b) The purchasing agent shall have the following duties:
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(1) to secure prices for materials and supplies of every kind and character required by the various departments of the county; (2) to inspect materials and supplies purchased by the county to determine that the materials and supplies have been properly represented; (3) to determine that the prices paid for materials and supplies purchased by the county are the best that can be obtained in the local market or elsewhere; (4) such other duties as the Board of Commissioners may from time to time prescribe. (c) The purchasing agent shall have the authority to purchase materials and supplies on the open market where the purchase price does not exceed one thousand five hundred dollars ($1,500.00). If the purchase price exceeds one thousand five hundred dollars ($1,500.00), the purchase may be made by the purchasing agent only after the prospective purchase has been advertised in the official county newspaper and approved by the Board of Commissioners. (d) The purchasing agent shall maintain a permanent inventory of all personal property of the county having a value of fifty dollars ($50.00) or more and charged to the various county departments. The purchasing agent shall annually inventory all of the property belonging to Clayton County in accordance with the provisions of Code Chapter 91-8, relating to an annual inventory of State and county property, as now or hereafter amended. (e) The purchasing agent shall inspect, or supervise the inspection of, all deliveries of materials, supplies or contractual services to determine their conformance with the specifications set forth in the pertinent purchase order or contract. The purchasing agent may require chemical and physical tests of samples submitted with bids and samples of deliveries, which examinations are necessary to determine quality of the samples and conformance with specifications.
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(f) The purchasing agent shall keep himself informed of current developments in the field of purchasing, prices, market conditions and new products. The purchasing agent shall secure for the county the benefits of research conducted in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations having national recognition and by private businesses and organizations. (g) The purchasing agent shall maintain a file of all qualified vendors who desire to do business with the county, which file shall be maintained according to the nature of goods and materials offered and shall contain a description of commodities sold by various vendors. (h) The purchasing agent shall have the authority to join with other governmental units in cooperative purchasing plans when the best interests of the county would be served thereby. (i) No officer or employee of the county shall make any purchase for or on behalf of the county of any material, goods, wares or supplies of any kind whatsoever except through the purchasing agent. It shall be a breach of duty on the part of any officer or employee of the county to make any purchase, or to aid or abet the making of any purchase, in any manner other than through the purchasing agent. However, the provisions of this Section shall not apply to emergency purchases provided for in this Section. (j) No officer or employee of the county shall request a vendor to deliver goods, merchandise, materials or supplies to the county except upon a regular purchase order issued by the purchasing agent; however, the provisions of this subsection shall not apply to emergency purchases provided for in this Section. (k) In all cases where there is an immediate need for any material or supplies, goods, wares or merchandise by any department of the county, the department shall write on its requisition to the purchasing agent, the words, `For Emergency Purposes'; and, when a requisition so marked is
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received by the purchasing agent, it shall be his duty to give his immediate attention to the requisition. In the event that an emergency should arise after office hours, which emergency requires immediate action on the part of the county department involved for the protection of the best interests of the county, or should such a situation arise on a Saturday, Sunday or holiday and where it is not possible or convenient to reach the purchasing agent, any necessary purchase shall be made by the county department for which the purchase is necessary. The purchase shall be reported to the purchasing agent without delay. (l) The purchasing agent shall prepare written specifications that will best serve the interests of the using county departments and of the county. All specifications shall be definite, certain and shall permit free and open competition. (m) In the purchase of all materials and supplies pursuant to this resolution, except for emergency purchases, the purchase shall be made within five (5) days from the time the requisition is given to the purchasing agent. During the period within which the purchase is to be made, the purchasing agent shall give competing vendors an opportunity to bid. Calls for bids shall be made by the purchasing agent in such a manner as will, in his discretion, enable free and open competition in bidding. In the event calls for bids are advertised in a newspaper, the advertisement shall be run two (2) times, unless otherwise provided, in the official newspaper of the county, as provided in Section 13 of this Act. (n) It shall be the duty of the purchasing agent to make all purchases on competitive bids, except as otherwise expressly provided by this Section. (o) All bids submitted for goods and materials to be sold to the county under the provisions of this Section shall be kept on file in the Purchasing Department. After an award has been made, the bids shall be subject to inspection at any time by any citizen of the county. (p) The purchasing agent shall have the authority to declare a vendor who defaults on his quotations to be an
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irresponsible bidder and to disqualify him from receiving any business from the county for a specified period of time. (q) In all purchases where quality as well as price and service is involved, the purchasing agent shall exercise discretion in making a purchase so that the best interests of the county are served thereby. (r) In all cases where brand name items are requisitioned by any department, the purchasing agent has the authority to determine whether similar products of equal quality offered for sale to the county at a lower price shall be ordered in lieu of the requisitioned brand name items. (s) When it is deemed advisable to dispose of any personal property owned by the county and used by the various departments thereof, or to dispose of personal property under the supervision of the Board, the property shall be sold by the purchasing agent. The purchasing agent shall confer with the head of the department desiring to sell the property, with the object of getting the best possible price in making the sale. This Section shall not authorize the sale of county personal property without authorization therefor by a resolution of the Board, but, where a resolution has authorized the sale of county personal property, the sale shall be consummated by the purchasing agent in conformity with this Section. (t) When any personal property owned by the county has become worn out, useless, has become junk or has been used to such an extent that it is advisable to dispose of it, the head of the department in charge of the property shall certify to the purchasing agent that certain itemized property in the custody of the department is no longer useful in the service of the county. Upon such certification, the purchasing agent shall, at public sale, in his discretion, sell the unserviceable property and remit the proceeds from the sale to the county fiscal authority, crediting the department from which the property was obtained with the amount of the proceeds. No sales of unserviceable county personal property shall be made by the purchasing agent under this subsection where other provisions of law provide for such sales,
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but this subsection shall apply to the sale of unserviceable county personal property where no other provision of law is applicable. (u) All transfers of personal property from one department of the county to another and all property disposed of shall be reported to the Purchasing Department immediately. (v) As used in this Section, the term `materials and supplies' shall mean and include such items as are normally used or consumed during the course of a year and for which a general appropriation has been made; the term shall include the purchase of automotive equipment, machinery, construction contracts or other purchases of materials of a permanent or semipermanent nature. (w) All contracts entered into by the Board of Commissioners of Clayton County shall be governed by the provisions of Code Chapter 23-17, relating to contracts by counties, as now or hereafter amended. Section 6. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13, to read as follows: Section 13. It shall be unlawful for any member of the Board, purchasing agent or the comptroller-administrative assistant of the Board to purchase warrants drawn on county funds, and it shall also be unlawful for any member of the Board, purchasing agent or the comptroller-administrative assistant of the Board to speculate in such warrants. It shall be unlawful for the Board to contract with any person related to any member of the Board by blood or marriage within the third degree for any material, equipment or supplies unless the same be upon competitive bid and the person so related submits the lowest bid therefor. All purchases of supplies and other materials in an amount in excess of one thousand five hundred dollars ($1,500.00) shall be by competitive bids with advertisement of said purchases to be published in the official organ of Clayton County for two weeks, once a week before the date of the purchase. It shall be unlawful for any member of the Board, purchasing
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agent or the comptroller-administrative assistant of the Board to have any financial interest in the transaction of any business in connection with the purchase or sale of any goods or supplies for Clayton County. Any person serving as a member of the Board, purchasing agent or as a comptroller-administrative assistant who violates any provision of this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, and such person's place shall immediately be declared vacant. Prohibitions. 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 1973 session of the General Assembly of Georgia, a bill to amend acts relating to the Governing Authority of Clayton County as to qualifications, duties and compensation of the Comptroller-Administrative Assistant, to change requirements and-or conditions relating to Clerk of the Board of Commissioners, and employment of personnel by the Board, to clarify purchasing provisions, to prescribe the procedure connected with the foregoing and for other purposes. This 12th day of December, 1972. T. A. Starr Senator W. J. Lee Representative Frank I. Bailey Representative Lamar Northcutt Representative Rudolph Johnson Representative
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This is to certify that Notice of Intention to Introduce Local Legislation re: a bill to amend acts relating to the Governing Authority of Clayton County, as shown in attached newspaper cutting was published in News/Daily, the county legal organ, December 19 and 26, 1972 and January 2, 1973. /s/ Jim Wood Publisher Sworn to and subscribed before me, this the 2nd day of January, 1973. /s/ Helen W. Jenkins, Notary Public, Georgia, State at Large. My Commission Expires Sept. 17, 1974. (Seal). Approved February 26, 1973. COLUMBUS AIRPORT COMMISSIONPOWERS AND DUTIES DEFINED. No. 7 (House Bill No. 454). An Act to further define and prescribe the powers and duties of the Columbus Airport Commission and the exercises thereof and to enlarge the same. Whereas, the Muscogee County Airport Commission was created by the Constitution of the State of Georgia, Article V, Sec. VI, Paragraph I, as amended I Ga. L. 1968, p. 1655, Sec. 1, and Whereas, it was provided in said constitutional provision that ... the General Assembly may by law further define and prescribe the powers and duties of the Airport Commission and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Airport Commission, and
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Whereas, by the provisions of Ga. L. Extra. Sess. Sept.-Oct. 1971, p. 2007, 2058, Sec. 4-627, said Commission was redesignated as the Columbus Airport Commission. Now, therefore, in order further to define and prescribe the powers and duties of the Columbus Airport Commission and the exercise thereof and to enlarge the same and to further regulate the management and conduct of the Columbus Airport Commission, be it enacted by the General Assembly of Georgia as follows: Section 1. Said Columbus Airport Commission shall consist of five members appointed by the Council of Columbus, Georgia, in accordance with the terms of said constitutional and statutory provisions. Members. Section 2. The authority of the Commission to enter into contracts for the rental of buildings, land, office space, equipment, and any other property located on or at said airport is hereby enlarged to include the authority to enter into such contracts, as lessee, with the Columbus Building Authority, as lessor. Authority enlarged. Section 3. Any such payments of rent shall be included in the anticipated expenditures as fixed in the budget of the Airport Commission filed with the Council of Columbus, Georgia, in accordance with said constitutional provision, so that the sums contributed by the Council of Columbus, Georgia, as provided in said constitution and subject to the constitutional limitations on such sums, shall, together with the anticipated revenues fixed by the Airport Commission, aggregate the amount fixed by said Airport Commission as the anticipated expenditures, including said payments of rent, for the ensuing year. Rent. Section 4. Any property now owned by Columbus, Georgia, or by said Airport Commission for airport purposes may be conveyed to the Columbus Building Authority without consideration except for the improvement of said property by the Columbus Building Authority for the lease of such improved property to the Columbus Airport Commission
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as a commission of Columbus, Georgia, for the use of said political subdivision and the residents thereof in the governmental, proprietary, and administrative functions of said political subdivision and its Airport Commission and in consideration of the use of the Authority's organization and method of financing and funding and in consideration of a covenant of the Authority to reconvey, upon the retirement of any of the Authority's bonds which may be issued for the purpose of financing such improvements, all of the property so conveyed together with all improvements to be placed or constructed thereon by said Columbus Building Authority, and said Airport Commission shall have the power to pay to the Columbus Building Authority rent for the lease, as lessee, of any property so improved for use in connection with said airport, provided, however, that no sales or conveyances or agreements for the lease, grant, or sale of any of the properties acquired for airport purposes shall be made by the Airport Commission until said proposed sale, lease or conveyance has been approved by the Council of Columbus, Georgia. Property. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1973, for the passage of a Bill to further define and prescribe the powers and duties of the Airport Commission and the exercise thereof and to enlarge the same. Lennie F. Davis City Attorney, Columbus, Georgia
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Georgia, Muscogee County. Personally appeared before me, a notary public in and for the State and County, Maynard R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit, December 14, 21, 28, 1972. /s/ Maynard R. Ashworth Sworn to and subscribed before me, this the 3rd day of January, 1973. /s/ Wallace A. Kitchen, Notary Public, Muscogee County, Georgia. My Commission Expires February 3, 1974. (Seal). Approved February 26, 1973. CITY OF DALTONUNIFIED PENSION PLAN CHANGED. No. 9 (House Bill No. 262). 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), and by an Act approved March 31, 1971 (Ga. L. 1971, p. 2727), so as to correct certain inequities in the plan; to provide for a new normal retirement date; to provide for a change in the covered benefits; to change the method of computing retirement benefits; to provide for cost of living increases; to facilitate
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the administration of the plan; to clarify certain language of the plan; 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 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), and by an Act approved March 31, 1971 (Ga. L. 1971, p. 2727), is hereby amended by striking in its entirety subsection (j) of section 2 and substituting in lieu thereof a new subsection (j) to read as follows: (j) `Continuous service' shall mean uninterrupted service with the employer from the date of last employment of a participant, except in the case of service commenced before January 1, 1967, which shall mean all service to the nearest complete month for those participants on the payroll as of January 1, 1967, to the date to which the period of continuous service is being computed in accordance with uniform rules established by the Board of Trustees. Continuous service. Section 2. Said Act is further amended by striking in its entirety subsection (k) of section 2 and substituting in lieu thereof a new subsection (k) to read as follows: (k) `Basic monthly earnings' shall mean an employee's total annual earnings, including overtime pay, bonuses, deferred salaries and other remuneration, divided by twelve, as determined and reported by the Trustees. Basic monthly earnings. Section 3. Said Act is further amended by adding, at the end of section 2, a new subsection to be known as (o), to read as follows: (o) `Contingent annuitant' shall mean the spouse of a participant who has been designated in writing as beneficiary. Contingent annuitant.
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Section 4. Said Act is further amended by striking in its entirety section 5 and substituting in lieu thereof a new section 5 to read as follows: Section 5. 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 participants having at least twenty-five (25) years of continuous service, at their option, the normal retirement date will be the first of the month following attaining the age of fifty-five (55) years. Normal retirement date. Section 5. Said Act is further amended by striking in its entirety subsection (a) of section 6 and substituting in lieu thereof a new subsection (a) of section 6 to read as follows: (a) The amount of pension payable to a participant who retires on or after his normal retirement date shall be thirteenth hundredths (0.13) percent of the average monthly earnings in the sixty (60) consecutive months preceding his normal retirement date in which his earnings were highest, multiplied by the number of months of completed service, and in addition an annual cost of living adjustment in monthly pensions shall be made on the anniversary date of each pensioner's retirement by an amount equal to 3% of the benefit to which the employee, contingent annuitant, orphan, or widow was entitled on the date the benefit actually commenced. Pension amount. Section 6. Said Act is further amended by striking in its entirety section 9 and substituting in lieu thereof a new section 9 to 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 with a guarantee of 120 monthly payments to him or his selected beneficiary and monthly thereafter during his lifetime with provision for the continuance of fifty-five per cent of such retirement
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benefit to a named contingent annuitant, if living, after the pensioner's death. Pension form, normal. 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. If a participant 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. Any participant selecting the option under subparagraph (b) of section 6 shall have their pension paid in accordance with such pension and not hereunder. Section 7. Said Act is further amended by striking in its entirety the second paragraph of section 11 and substituting in lieu thereof a new second paragraph to read as follows: A participant whose employment with employer is terminated prior to his normal retirement date and who has completed fifteen (15) years of active service may elect to receive a lump sum payment equal to the total of his accumulated contributions with interest, with the exception of participants previously covered by a legislative Act referred to in section 6(b) as of the effective date of this plan and who made the irrevocable election for benefits under section 6(b), in which event such participant shall not be entitled to a return of his accumulated contributions, or may elect a monthly pension benefit payable at his normal retirement date; the amount of said monthly pension in the case of all participants shall be thirteenth hundredths (0.13) per cent of participant's average monthly earnings in the sixty (60) consecutive months preceding such termination date in which his earnings were highest, multiplied
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by the number of months of completed service, and in addition an annual cost of living adjustment in monthly pensions shall be made on the anniversary date of each pensioner's retirement by an amount equal to 3% of the benefit to which the employee, contingent annuitant, orphan, or widow was entitled on the date the benefit actually commenced. Election. Section 8. Said Act is further amended by striking in its entirety section 12 and substituting in lieu thereof a new section 12 to read as follows: Section 12. Cost of plan. Each participant on the payroll as of March 1, 1973 shall contribute by payroll deduction retained by the Clerk of the Mayor and Council of the City of Dalton, the amounts computed as follows: Cost. (a) The Mayor and Council of the City of Dalton, the secretary of the Water, Light and Sinking Fund Commission of the City of Dalton, the director of the Recreation Commission of the City of Dalton shall levy a 5% tax on the earnings of all participants in each division except those making an irrevocable election of benefits under section 6(b) hereof shall be taxed $20.00 per month of their salary to the purposes of this Act, except that no employee payroll deductions will be used in the pension fund between March 1, 1971 and March 1, 1973. The amounts so withheld by the clerk of the Mayor and Council of the City of Dalton shall be transmitted by him to the Board of Trustees of said pension plan to be used in accordance with this Act. Said amounts received by the City Clerk shall be covered by his bond. The Mayor and Council of the City of Dalton shall contribute not less than annually to the Board of Trustees such sums as sufficient to maintain said pension plan on sound actuarial principles for the purpose of providing pensions for the participants and their beneficiaries hereunder. The Board of Trustees shall certify to the Mayor and Council of the City of Dalton such sums necessary to be appropriated each year based on actuarial study and valuation.
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Said city is authorized and empowered to levy a tax on all taxable property of said city ad valorem, and to use other available fund of the city for the purpose of paying said pensions and other benefits under the pension system, and for making the payments and contributions into the pension fund as herein provided. The Water, Light and Sinking Fund Commission of the City of Dalton is authorized and empowered to transfer to the Mayor and Council of the City of Dalton such sums as sufficient to maintain said pension plan on sound actuarial principles for the purpose of providing pensions for the participants and their beneficiaries hereunder. Should there be on hand insufficient funds to carry out the purposes of this Act, such additional funds as are necessary therefor shall be paid out of the treasury of the city. Section 9. Said Act is further amended by striking in its entirety section 16 and substituting in lieu thereof a new section 16 to read as follows: Section 16. Pension to cease if again placed on payroll. Any employee of the Mayor and Council of the City of Dalton who shall have been pensioned and who is thereafter placed on the payroll as an employee by said body shall cease to draw said pension during the period of such re-employment. On termination of such re-employment, such pension shall be restored. Re-employment. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation Notice is hereby given that there will be introduced in General Assembly of Georgia, at the session which convenes in January, 1973, a bill to amend the Mayor and Council of The City of Dalton Employee's Pension Plan; to correct certain inequities in the plan; to provide for a new normal retirement date; to provide for a change in the covered benefits; to change the provisions relative to the contributions of participants; to provide for the inclusion of previous
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employment of employees covered on January 1, 1967; to facilitate the administration of the Plan; to clarify certain language of the Plan; and to provide generally for all other matters relevant to such pension plan. This the 20th day of December, 1972. /s/ Charles A. Bramlett Mayor, The City of Dalton, Georgia Georgia, Whitfield County. Personally appeared before the undersigned an officer of said county and State duly authorized and empowered to administer oaths, George N. Clarke, who first being duly sworn on oath says that he is the editor and publisher of the Daily Citizen-News, an official organ of Whitfield County, Georgia, and that the herewith attached notice of intention to introduce local legislation appeared as paid legal advertising in three consecutive weekly issues of said newspaper; to wit: on December 22, 1972; on December 29, 1972; and on Janaury 5, 1973. This 10th day of January, 1973. /s/ George N. Clarke Sworn to and subscribed before me, this 10th day of January, 1973. /s/ Louise B. Hackney, Notary Public, Ga. State at Large. My Commission Expires September 28, 1976. (Seal). Approved February 28, 1973. WILKES COUNTYSUPERIOR COURT CLERKSALARY CHANGED. No. 10 (House Bill 484). An Act to amend an Act placing certain of the county officers of Wilkes County upon an annual salary, approved April 2, 1963 (Ga. L. 1963, p. 2803), as amended, particularly
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by an Act approved April 28, 1969 (Ga. L. 1969, p. 3970), as amended, so as to change the compensation of the clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain of the county officers of Wilkes County upon an annual salary, approved April 2, 1963 (Ga. L. 1963, p. 2803), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3970), as amended, is hereby amended by striking from section 3 the following: $6,000.00 and substituting in lieu thereof: $7,500.00, so that when so amended, section 3 shall read as follows: Section 3. The clerk of the superior court 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 clerk shall be authorized to appoint a deputy clerk who shall serve at the pleasure of the clerk, and who shall receive as compensation for his services as such the sum of $3,500.00 per annum, payable in the same manner as the clerk's salary. Clerk. The clerk's office shall be furnished with all necessary office equipment and supplies required for the efficient maintenance of the clerk's office by the board of commissioners of Wilkes County, payable from county funds. 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.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to increase the compensation of the Clerk of the Superior Court of Wilkes County; and for other purposes. This 29th day of December, 1972. Wilkes County Board of Commissioners Henry Harris, Chm. C. B. Wright I. M. Sherrer George Norman Gerald O. Norman Members Jean F. Cofer Clerk-elect of Wilkes Superior Court 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 72nd 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: January 4, 11, 18, 1973. /s/ Ben Barron Ross Representative, 72nd District Sworn to and subscribed before me, this 24th day of January, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 28, 1973.
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COLUMBIA COUNTYSALARY OF CLERK OF SUPERIOR COURT, ETC., CHANGED. No. 11 (House Bill No. 526). An Act to amend an Act placing certain of the county officers of Columbia County on an annual salary, approved February 26, 1965 (Ga. L. 1965, p. 2094), as amended, particularly by an Act approved February 27, 1969 (Ga. L. 1969, p. 2105), so as to change the compensation of the clerk of the superior court and the sheriff of Columbia County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain of the county officers of Columbia County on an annual salary, approved February 26, 1965 (Ga. L. 1965, p. 2094), as amended, particularly by an Act approved February 27, 1969 (Ga. L. 1969, p. 2105), is hereby amended by striking from section 2 the following: $9,600.00 and inserting in lieu thereof the following: $12,500.00, so that when so amended section 2 shall read as follows: Section 2. The clerk of the superior court of Columbia County shall receive an annual salary in the amount of $12,500.00, payable in equal monthly installments from the funds of Columbia County. Clerk. Section 2. Said Act is further amended by striking from section 4 the following: $9,600.00 and inserting in lieu thereof the following: $12,500.00, so that when so amended section 4 shall read as follows:
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Section 4. The sheriff shall receive an annual salary in the amount of $12,500.00, payable in equal monthly installments from the funds of Columbia County. The sheriff of Columbia County is hereby authorized to receive rewards which he may be entitled to receive notwithstanding the capacity in which such sheriff was acting at the time of becoming entitled to such rewards and any such rewards are hereby determined to be a part of the salary of such sheriff, notwithstanding any other salary to which such sheriff is hereby authorized to receive. Sheriff. Section 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 1973 session of the General Assembly of Georgia, legislation to change the compensation of the Chairman of the Board of Commissioners of Columbia County, the Clerk of Superior Court of Columbia County, and the Sheriff of Columbia County, and to create in and for Columbia County a Small Claims Court; to provide the procedures connected with the foregoing; and for other purposes. This 5th day of January, 1973. /s/ Glenn Phillips Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn Phillips who, on oath, deposes and says that he is Representative from the 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
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Columbia News which is the official organ of Columbia County, on the following dates: January 10, 17, 24, 1973. /s/ Glenn Phillips Representative, 73rd District Sworn to and subscribed before me, this 29th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 28, 1973. COLUMBIA COUNTYCOMPENSATION OF CHAIRMAN OF BOARD OF COMMISSIONERS CHANGED. No. 12 (House Bill No. 527). An Act to amend an Act creating the Board of Commissioners of Columbia County, approved August 18, 1927 (Ga. L. 1927, p. 549), as amended, particularly by an Act approved February 27, 1969 (Ga. L. 1969, p. 2103), so as to change the compensation of the Chairman of said Board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Columbia County, approved August 18, 1927 (Ga. L. 1927, p. 549), as amended, particularly by an Act approved February 27, 1969 (Ga. L. 1969, p. 2103), is hereby amended by striking from section 6-A the words and figures nine thousand, six hundred ($9,600.00) dollars and inserting in lieu thereof the following: $12,500.00, so that when so amended section 6-A shall read as follows:
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Section 6-A. Be it further enacted by the authority aforesaid, that the Chairman and Executive Officer of said Board of Commissioners shall be compensated in the amount of $12,500.00 per annum, payable monthly, and for each of the other members of said Board the sum of one thousand two hundred ($1,200.00) dollars per annum, payable monthly, for attendance at regular or called meetings of said Board of Commissioners. The compensation herein provided shall be paid monthly from funds of Columbia County. The Chairman shall also receive, in addition to other compensation herein provided, all expenses incurred by him in conducting the affairs of said Board of Commissioners upon the approval of the majority of the members of said Board. The Board of Commissioners shall purchase one automobile for the use of the Chairman and Executive Officer of said Board in the performance of his duties. Said automobile shall be the property of Columbia County, and said Board shall be authorized to replace said vehicle at such time and in such manner as they may determine. Said Board shall be authorized to dispose of the replaced vehicle in such manner as will be most advantageous to Columbia County. The Board shall provide for the cost of repairs, tires, gasoline, oil, grease, antifreeze and other maintenance and supplies necessary for the operation of said automobile. The funds necessary for the purchase, replacement, operating expenses, repair, and maintenance of said automobile, as herein provided, shall be payable from the funds of Columbia County. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, legislation to change the compensation of the Chairman of
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the Board of Commissioners of Columbia County, the Clerk of Superior Court of Columbia County, and the Sheriff of Columbia County; and to create in and for Columbia County a Small Claims Court; to provide the procedures connected with the foregoing; and for other purposes. This 5th day of January, 1973. /s/ Glenn Phillips Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn Phillips who, on oath, deposes and says that he is Representative from the 73rd 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 10, 17, 24, 1973. /s/ Glenn Phillips Representative, 73rd District Sworn to and subscribed before me, this 29th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 28, 1973. COLUMBIA COUNTYSMALL CLAIMS COURT CREATED, ETC. No. 13 (House Bill No. 528). An Act to create and establish a Small Claims Court in and for Columbia County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court;
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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 provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for validating the acts of said court and the proceedings 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. There is hereby created and established a Small Claims Court in and for Columbia County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Creation. Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Columbia County, at least twenty-two years of age, have completed a high school education, and must be a person of outstanding character and integrity. Judge.
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All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Columbia 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 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. Clerk. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The 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. Pleadings, etc. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only 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
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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 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 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
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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. (a) The plaintiff, when he files his claim, shall deposit the sum of $8.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $8.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. Costs, etc. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $8.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. 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
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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. 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. Judgment. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered, but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Same. Section 13. The judge of the Superior Court of Columbia 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
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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 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. 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. Lien. Section 16. Appeals may be had from judgments returned in the Small Claims Court to the superior court, and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court, the same to be a de novo appeal. Appeals. Section 17. Until otherwise provided by the rules of the court, the statement of claim, verification, and notice shall
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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 Columbia County Appling, Georgia
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Section 18. On or before the effective date of this Act the Governor shall appoint a duly qualified person to serve as the judge of said court for a term of office of four years and until his successor is duly appointed and qualified. Judge. Section 19. All office space, 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 Laws to the Small Claims Court, without cost to the court or the county. Ga. Laws. 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. Hearings. 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
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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 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 ten dollars 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. Fines. Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be ten dollars, 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%) on all sums over that amount, with a minimum of five dollars. Fees. Section 25. The provisions of this Act shall become effective on July 1, 1973. Effective date. Section 26. All laws and parts of laws in conflict 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 1973 session of the General Assembly of Georgia,
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legislation to change the compensation of the Chairman of the Board of Commissioners of Columbia County, the Clerk of Superior Court of Columbia County, and the Sheriff of Columbia County; and to create in and for Columbia County a Small Claims Court; to provide the procedures connected with the foregoing; and for other purposes. This 5th day of January, 1973. /s/ Glenn Phillips Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn Phillips who, on oath, deposes and says that he is Representative from the 73rd 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 10, 17, 24, 1973. /s/ Glenn Phillips Representative, 73rd District Sworn to and subscribed before me, this 29th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 28, 1973. ROCKDALE COUNTYCOMMISSIONERSALARY CHANGED. No. 14 (House Bill No. 546). 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
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March 11, 1971 (Ga. L. 1971, p. 2012), so as to change the salary 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 11, 1971 (Ga. L. 1971, p. 2012), is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8, to read as follows: Section 8. The Commissioner of Rockdale County shall receive an annual salary of fifteen thousand six hundred dollars ($15,600.00) per annum. Beginning January 1, 1974, the Commissioner of Rockdale County shall receive a salary of sixteen thousand eight hundred dollars ($16,800.00) per annum. Said salary shall be paid in equal monthly installments from county funds. The Commissioner shall also receive, in addition to his salary, an expense allowance of three thousand six hundred dollars ($3,600.00) per annum, payable in equal monthly installments from county funds. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act creating the office of commissioner of Rockdale County, approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, so as to change the salary and the expense allowance of the commissioner; and for other purposes. This 21st day of December, 1972. Clarence R. Vaughn, Jr. Representative, 57th District
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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 57th 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: December 28, 1972 and January 4, 11, 1973. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 28, 1973. ROCKDALE COUNTYSHERIFFSALARY CHANGED, ETC. No. 15 (House Bill No. 547). An Act to amend an Act placing the Sheriff of Rockdale County upon an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3579), so as to change the compensation of the sheriff and his deputies; to change the number of deputies; to change the number of equipped automobiles to be furnished the sheriff's office; to provide for clerical assistance for the sheriff's office; to authorize the sheriff to maintain his office at the county jail instead of the courthouse; to
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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 placing the Sheriff of Rockdale County upon an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3579), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The sheriff shall receive a salary of $1,200.00 per month, payable from the funds of Rockdale County. Beginning January 1, 1974, the sheriff shall receive a salary of $1,300.00 per month, payable from the funds of Rockdale County. Salary. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The sheriff shall have the authority to appoint 13 full-time deputies, one part-time deputy, one deputy radio operator and one investigator. Beginning January 1, 1974, the sheriff shall have the authority to appoint 15 full-time deputies, one part-time deputy, one deputy radio operator and one investigator. From the full-time deputies, he may appoint one lieutenant, three sergeants and one corporal. Such personnel shall not receive monthly salaries in excess of the following: full-time deputies $700.00 each; part-time deputy $350.00; lieutenant $745.00; sergeants $730.00 each; corporal $715.00; deputy radio operator $600.00; investigator $775.00. Beginning January 1, 1974, such personnel shall not receive monthly salaries in excess of the following: full-time deputies $725.00 each; part-time deputy $375.00; lieutenant $770.00; sergeants $755.00 each; corporal $740.00; deputy radio operator $625.00; investigator $800.00. The investigator shall also receive a clothing allowance of $250.00 per annum. The sheriff may employ a clerical assistant who shall receive a salary of not more than $500.00 per month during 1973 and
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not more than $550.00 per month beginning January 1, 1974. All salaries shall be fixed by the sheriff and shall be paid monthly from the funds of Rockdale County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Employees. Section 3. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a section 5, to read as follows: Section 5. The governing authority of Rockdale County shall furnish the sheriff with six 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 $3.00 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 office and living quarters at the jail in Rockdale County. Automobiles. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Rockdale County upon an annual salary, approved February 18, 1966 (Ga. L. 1966, p. 2039), as amended, so as to change the compensation of the sheriff and his deputies; to change the number of deputies; to change the number of equipped automobiles to be furnished to the sheriff's office; to provide for clerical assistance for the sheriff's office; to authorize the sheriff to maintain his office at the county jail instead of
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the courthouse; to provide for all matters relative to the foregoing; and for other purposes. This 21st day of December, 1972. Clarence R. Vaughn, Jr. Representative, 57th 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 57th 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: December 28, 1972 and January 4, 11, 1973. /s/ Clarence R. Vaughn Representative, 57th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 28, 1973. ROCKDALE COUNTYSUPERIOR COURT CLERKREPORT, ETC. No. 16 (House Bill No. 548). 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), as amended by an
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Act approved March 11, 1971 (Ga. L. 1971, p. 2014), so as to change the time set for the submission of the monthly report; to change the compensation of the clerk; to provide for additional clerks and their 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), as amended by an Act approved March 11, 1971 (Ga. L. 1971, p. 2014), 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. 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 15th 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 15th 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. Report, etc. Section 2. Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The clerk of the Superior Court of Rockdale County shall receive a salary of $1,200.00 per month, payable from the funds of Rockdale County. Beginning January 1, 1974, the clerk shall receive a salary of $1,300.00 per month, payable from the funds of Rockdale County. Said salary shall be the sole compensation of the clerk of the
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Superior Court of Rockdale County, whether he be ex officio clerk of other courts or not, but he shall be reimbursed for all expenses incurred in the official operation of his office. Salary. Section 3. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. The clerk of the Superior Court of Rockdale County shall have the authority and discretion to appoint the following clerks and employees: one (1) chief deputy clerk whose salary shall not exceed $6,600.00 per annum during 1973, and not more than $7,200.00 per annum beginning January 1, 1974; three (3) deputy clerks whose salary shall not exceed $6,000.00 per annum each during 1973, and not more than $6,600.00 per annum each beginning January 1, 1974; three (3) part-time clerks whose salary shall not exceed $3,000.00 per annum each. 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. Employees. 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 1973 Session of the General Assembly of Georgia, a bill 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), as amended, so as to change the compensation of the clerk and the deputy clerk; to provide for additional clerks and their compensation; and for other purposes. This 21st day of December, 1972. Clarence R. Vaughn, Jr. Representative, 57th District
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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 57th District, and that the attached copy of Notice of Intetion to Introduce Local Legislation was published in the Rockdale Citizen which is the official organ of Rockdale County, on the following dates: December 28, 1972 and January 4, 11, 1973. Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 28, 1973. ROCKDALE COUNTYTAX COMMISSIONERSALARY CHANGED, ETC. No. 17 (House Bill No. 549). An Act to amend an Act creating the office of Tax Commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3095), so as to change the salary of the tax commissioner; to provide for a chief deputy and his compensation; to change the compensation of his deputies; to provide for additional deputies and their compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act creating the office of Tax Commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3095), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The Tax Commissioner of Rockdale County shall receive a salary of one thousand two hundred dollars ($1,200.00) per month, payable from the funds of Rockdale County. Beginning January 1, 1974, the tax commissioner shall receive a salary of one thousand three hundred dollars ($1,300.00) per month, payable from the funds of Rockdale County. The tax commissioner shall be authorized to appoint a chief deputy and three full-time deputies to assist him in the discharge of his official duties. The chief deputy shall receive a salary of not more than six thousand six hundred dollars ($6,600.00) per annum during 1973, and not more than seven thousand two hundred dollars ($7,200.00) per annum beginning January 1, 1974. The other deputies shall each receive annual salaries of not more than six thousand dollars ($6,000.00) during 1973. Beginning January 1, 1974, such deputies shall each receive annual salaries of not more than six thousand six hundred dollars ($6,600.00). Said salaries shall be payable in equal monthly installments from the funds of Rockdale County. Salary. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act creating the office of tax commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, so as to change the salary of the tax commissioner and his clerks; to provide for additional clerks and their compensation; and for other purposes. This 21st day of December, 1972. Clarence R. Vaughn, Jr. Representative, 57th District
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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 57th 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: December 28, 1972 and January 4, 11, 1973. Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 28, 1973. ROCKDALE COUNTYORDINARYSALARY CHANGED, ETC. No. 18 (House Bill No. 550). 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), as amended by an Act approved March 11, 1971 (Ga. L. 1971, p. 2006), so as to change the salary of the ordinary; to provide for a chief deputy and his compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the Ordinary of Rockdale County in lieu of the fee system of
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compensation, approved March 4, 1969 (Ga. L. 1969, p. 2173), as amended by an Act approved March 11, 1971 (Ga. L. 1971, p. 2006), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The ordinary shall receive a salary of one thousand two hundred dollars ($1,200.00) per month, payable from the funds of Rockdale County. Beginning January 1, 1974, the ordinary shall receive a salary of one thousand three hundred dollars ($1,300.00) per month, payable from the funds of Rockdale County. Salary. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The Ordinary of Rockdale County is hereby authorized to appoint a chief deputy to assist him in the performance of the duties of his office. The chief deputy of the ordinary shall receive a salary of not more than six thousand six hundred dollars ($6,600.00) per annum. Beginning January 1, 1974, the chief deputy of the ordinary shall receive a salary of not more than seven thousand two hundred dollars ($7,200.00) per annum. Said chief 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 chief deputy, and to prescribe his duties and assignments. The ordinary may remove such chief deputy at any time with or without cause. Chief deputy. 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 1973 Session of the General Assembly of Georgia, a bill 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.
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2173), as amended, so as to change the salary of the ordinary and his deputies; to provide for additional deputies and their compensation; and for other purposes. This 21st day of December, 1972. Clarence R. Vaughn, Jr. Representative, 57th 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 57th 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: December 28, 1972 and January 4, 11, 1973. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 28, 1973. ROCKDALE COUNTY CORONERSALARY CHANGED. No. 19 (House Bill No. 551). An Act to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p.
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2505), 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 an annual salary for the Coronor of Rockdale County in lieu of the fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), 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 coroner shall receive a salary of one thousand five hundred dollars ($1,500.00) per annum. Beginning January 1, 1974, the coroner shall receive a salary of two thousand one hundred dollars ($2,100.00) per annum. Said salary shall be paid in equal monthly installments from the funds of Rockdale County. In addition to said salary, the coroner shall receive an automobile expense allowance of seventy-five dollars ($75.00) per month, payable from the funds of Rockdale County. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the coroner of Rockdale County in lieu of the fee system of compensation, approved April 4, 1967, (Ga. L. 1967, p. 2505), as amended, so as to change the salary of the coroner; and for other purposes. This 21st day of December, 1972. Clarence R. Vaughn, Jr. Representative, 57th District
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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 57th 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: December 28, 1972 and January 4, 11, 1973. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Approved February 28, 1973. FLOYD COUNTYPROVISION MADE FOR FILLING HOSPITAL AUTHORITY VACANCIES. No. 20 (House Bill No. 540). An Act to provide for the method of filling vacancies in the membership of the Hospital Authority of Floyd County; 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. (a) Except as hereinafter provided in section 2 of this Act, each vacancy occurring in the membership of the Hospital Authority of Floyd County by reason of the expiration
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of the term of a member on April first of any year shall be filled by a person selected by the Floyd County Grand Jury for the January Term next preceding the occurrence of such vacancy from nominees selected as follows: Vacancies. The Hospital Authority shall select three candidates for each such vacancy, and the Chairman of the Hospital Authority shall furnish to the Foreman of the Grand Jury the three names of the candidates so selected. The Grand Jury shall then select the person to fill the vacancy from among those names thus submitted to the Grand Jury. (b) The unexpired term of any member of said Hospital Authority who resigns or otherwise ceases to be a member prior to the end of his full regular term shall be filled by the Grand Jury meeting next after the occurrence of such vacancy from nominees selected as hereinabove provided. (c) Should the Grand Jury decline to select any of the three candidates submitted by the Hospital Authority, the Foreman of the Grand Jury shall notify the Chairman of the Hospital Authority of that fact, and the Hospital Authority shall submit three other names from which the Grand Jury shall select a person to fill the vacancy. (d) In the event the January Term Grand Jury, for any reason, shall fail to fill any such vacancy, the next succeeding grand jury shall fill same in the manner above provided. Section 2. One member of the Hospital Authority shall be a member of the Board of Commissioners of Floyd County. Such member shall be selected by the Board of Commissioners from its own membership. The member so selected shall remain a member of the Hospital Authority during his term of office as a Commissioner. Successors to such member shall likewise be selected by the Board of Commissioners from its own membership, and any vacancy occurring in the office of such member shall be filled by the Board of Commissioners in the same manner. In the event any such member ceases to be a member of the Board of Commissioners for any reason, he shall also cease to be
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a member of the Hospital Authority, and the vacancy thus created shall be filled as herein provided. Members. 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 1973 session of the General Assembly of Georgia, a bill to provide for the filling of vacancies on the Floyd County Hospital Authority; and for other purposes. The 8th day of January, 1973. John Adams Rep., 14th District Sidney Lowrey Rep., 15th District E. B. Toles Rep., 16th District Samuel Doss Senator, 52nd District 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 14th 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 12, 18, 25, 1973 and February 1, 1973. /s/ John Adams Representative, 14th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved March 1, 1973.
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CERTAIN COURTS OF ORDINARYINSOLVENT COSTS DISPOSITION PROVIDED (13,000-13,300). No. 21 (House Bill No. 99). An Act to provide for the disposition and application of insolvent costs from fines and forfeitures arising from motor vehicle traffic cases in the courts of ordinary of 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 13,000 and not more than 13,300, according to the United States Decennial Census of 1970 or any future such census, all insolvent costs which are on hand on the effective date of this Act and which have arisen in the court of ordinary from cases involving the violation of the traffic laws of the State shall be applied, divided and paid, on the effective date of this Act, with 66[frac23]% of such insolvent costs being paid into the general funds of the county and 33[frac13]% of such insolvent costs being paid to the ordinary of the county. All insolvent costs arising in the courts of ordinary of such counties after the effective date of this Act from cases involving the violation of any motor vehicle traffic law of this State shall be applied, divided and paid on or before the first day of January of each year, with 66[frac23]% of such insolvent costs being paid into the general funds of the county and 33[frac13]% of such insolvent costs being paid to the ordinary. The provisions of this Section shall apply in such counties only if the ordinary of the county is compensated on the fee system of compensation, in lieu of the salary system of compensation. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 1, 1973.
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WASHINGTON COUNTYSMALL CLAIMS COURT CREATED. No. 22 (House Bill No. 661). An Act to create and establish a Small Claims Court in and for Washington 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 provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for validating 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 a Small Claims Court in and for Washington County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $500.00, said jurisdiction to be county-wide and 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
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granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Created. Section 2. (a) The judge of such court shall be appointed from among the citizens of such county, shall be at least 21 years of age and shall be appointed by the county Grand Jury first convening after the 1st day of January in each year, beginning January 1st, 1974 and shall hold office for one year thereafter or until he is reappointed or relieved by the county Grand Jury first convening after the 1st day of Janaury 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. (b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Washington County or any judge of the 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. Same, 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 shall be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of
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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. Pleadings. (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, or by registered or certified mail with return receipt requested, 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 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
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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 the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount in unliquidated, said plaintiff shall be required to present proof of this claim. (f) Said notice shall include the date, hour and location of the hearing, which date 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 or certified mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket. Section 8. (a) The plaintiff when he files his claim, shall deposit with the court the sum of seven dollars and fifty cents ($7.50) which shall cover all costs of the proceeding up to and including the rendering of a judgement, 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
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between the parties, shall be according to the discretion of the judge and shall be taxed in the case 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 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 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. 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
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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. 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, 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. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered, but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Same. Section 13. The judge of the Superior Court of Washington 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 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
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of the judge and under his discretion. 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 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. 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, lien. Section 16. Appeals may be had from judgments returned in the Small Claims Court to the superior court, and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court, the same to be a de novo appeal. Appeals. Section 17. Until otherwise provided by the rules of the court, the statement of 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.
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Small Claims Court of Washington County
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Section 18. 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 Commissioners of Washington County. They shall also provide a suitable room in the courthouse for the holding of said court. Space. Section 19. 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. Judge. Section 20. Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in
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each instance, set dates for all hearings and trials in every kind of case and also designate the time or times when attachments and executions are returnable, and also designate the time when each answer to a summons of garnishment shall be filed but said 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 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 21. The judge of said court is authorized to use any law books belonging to the county. Law books. 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 made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Garnishment.
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Section 23. The judge of said court shall have the power to impose fines of not more than ten dollars 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. Fines. 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 ($3.00) dollars. Except as stated in this Section, the fee of the bailiff for service of any required document shall be five ($5.00) dollars. Costs. Section 25. 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 26. All laws and parts of laws in conflict 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 1973 session of the General Assembly of Georgia, a bill to create a Small Claims Court for Washington County; to provide for the appointment, qualifications, compensations, powers and duties of the judge of said court; to provide for the jurisdiction of said court; to provide for the pleadings, practice and service of process therein; to provide
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for a clerk and his remuneration; to provide for all matters relative to the foregoing; and for other purposes. This 15th day of January, 1973. Tom C. Carr Representative, 90th District Georgia, Washington County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David L. Wickersham who, on oath deposes and says that he is an officer of the Sandersville Georgian, Inc. 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: January 18 and 25 and February 1, 1973. /s/ David L. Wickersham Sworn to and subscribed before me, this 7th day of February, 1973. /s/ Helen D. Padgett, Notary Public, Washington County, Ga. Commission expires 4-25-73. Approved March 2, 1973. ROCKDALE COUNTYSALARY OF PUBLIC DEFENDER CHANGED, ETC. No. 23 (House Bill No. 705). An Act to amend an Act providing for a public defender for Rockdale and Newton Counties, approved March 30, 1971 (Ga. L. 1971, p. 2686), so as to change the method of appointing the public defender; to change the compensation
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of the public defender; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The senior judge of the Stone Mountain Judicial Circuit, or in his absence, the acting senior judge, and the judge of the Alcovy Judicial Circuit are 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. Said Act is further amended by striking subsection (a) from section 2 in its entirety and inserting in lieu thereof a new subsection (a) to section 2, to read as follows: (a) The public defender for Rockdale and Newton Counties shall be compensated in the amount of twelve hundred dollars per month, payable from the funds of said counties as follows: Rockdale County shall pay the public defender the amount of four hundred-eighty dollars ($480.00) monthly and Newton County shall pay the public defender the amount of seven hundred-twenty dollars ($720.00) 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. Salary. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to amend an Act providing for a public defender for Rockdale and Newton Counties, approved March 30, 1971 (Ga. L. 1971, p. 2686), so as to change the compensation of the public defender; and for other purposes. This 21st day of December, 1972. Clarence R. Vaughn, Jr. Representative, 57th 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 57th 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: December 28, 1972 and January 4, 11, 1973. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 14th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a
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bill to amend an act providing for a public defender for Rockdale and Newton Counties approved March 30, 1971. (Ga. L. 1971, p. 2686), so as to change the compensation of the public defender; and for other purposes. This 15th day of January, 1973. Jim Morgan Representative, 70th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Morgan who, on oath, deposes and says that he is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following dates: January 18, 25, February 1, 1973. /s/ Jim Morgan Representative, 70th District Sworn to and subscribed before me, this 14th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal) Approved March 2, 1973. DEKALB COUNTYSTATE COURTCOST OF LAW BOOKS, ETC. No. 25 (House Bill No. 610). 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.
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2401), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2862), so as to provide that the cost provided for such court shall be inclusive of all cost which might be collected for the purpose of providing funds for the purchase of law books, reports, texts and periodicals for a county law library; 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 March 27, 1972 (Ga. L. 1972, p. 2862), is hereby amended by adding at the end of section 11B a new paragraph to read as follows: Provided, however, that the cost specified herein shall be inclusive of any court cost which might be charged pursuant to the provisions of an Act relative to providing funds for the purchase of law books, reports, texts and periodicals for a county law library, approved March 19, 1971 (Ga. L. 1971, p. 180). Provided further, that upon any additional cost being charged pursuant to the provisions of said 1971 Act, the court cost provisions provided for herein shall be reduced by the same amount of such additional cost being charged. Section 2. 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 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
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Robin Harris 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 DeKalb New Era which is the official organ of DeKalb County, on the following dates: January 11, 18, 25, 1973. /s/ J. Robin Harris Representative, 51st District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 7, 1973. BUTTS COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED. No. 26 (House Bill No. 771). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Butts County into the office of tax commissioner of Butts County, approved March 27, 1972 (Ga. L. 1972, p. 2873), 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 consolidating the offices of tax receiver and tax collector of Butts County into the office of tax commissioner of Butts County, approved March 27, 1972
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(Ga. L. 1972, p. 2873), is hereby amended by striking from section 3 the following: $8,000.00, and inserting in lieu thereof the following: $7,500.00, so that when so amended, section 3 shall read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of $7,500.00, payable in equal monthly installments from the funds of Butts County. Salary. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to change the compensation of the Tax Commissioner of Butts County; and for other purposes. This 15th day of January, 1973. J. R. Smith Representative 74th District, Post 2 Marvin Adams Representative 74th District, Post 1 Ray Tucker Representative 69th District
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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 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: January 25, February 1, 8, 1973. /s/ J. R. Smith Representative, 74th District Sworn to and subscribed before me, this 16th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 9, 1973. CHATHAM COUNTYBOARD OF COMMISSIONERS DESIGNATED. No. 31 (House Bill No. 414). An Act to amend an Act creating a board of commissioners of Chatham County, approved February 21, 1873 (Ga. L. 1873, p. 235), so as to change the name of the commissioners of Chatham County and ex officio judges; 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 order to comply with the provisions of an Act approved April 8, 1968 (Ga. L. 1968, p. 1141), providing
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that the governing authorities of all of the counties within this State shall be known as the board of commissioners of the respective county, an Act creating a board of commissioners of Chatham County, approved February 21, 1873 (Ga. L. 1873, p. 235), is hereby amended by striking therefrom wherever they might appear the phrases commissioners of Chatham County and ex officio judges and commissioner of Chatham County and ex officio judge, and substituting in lieu thereof the following: commissioners of Chatham County and commissioner of Chatham County, respectively, so that henceforth the governing authority of Chatham County shall be known and shall be designated as the board of commissioners of Chatham 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 1973 session of the General Assembly of Georgia, a bill to amend an act creating and organizing Commissioners of Chatham County, who shall be ex officio judges, approved February 21, 1873 (Ga. L. 1873, p. 235) as amended; to repeal conflicting laws; and for other purposes. This 28th day of December, 1972. Herbert Jones, Jr. Representative, 109th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Herbert Jones, Jr. who, on oath, deposes and says that he is Representative from the 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
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Savannah Evening Press which is the official organ of Chatham County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ Herbert Jones, Jr. Representative, 109th District Sworn to and subscribed before me, this 17th day of January, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 13, 1973. CHATHAM COUNTYCOMPENSATION OF COMMISSIONERS AND EX OFFICIO JUDGES CHANGED. No. 32 (House Bill No. 729). An Act to amend an Act entitled An Act to create and organize commissioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes., approved February 21, 1873 (Ga. L. 1873, p. 235), as amended, particularly by an Act approved March 11, 1968 (Ga. L. 1968, p. 2245) and by an Act approved March 27, 1972 (Ga. L. 1972, p. 2912) so as to change the provisions relative to the compensation of the commissioners of Chatham County and ex officio judges; 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 create and organize commissioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes., approved February 21, 1873 (Ga. L. 1873, p. 235), as amended, particularly by an Act approved
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March 11, 1968 (Ga. L. 1968, p. 2245) and by an Act approved March 27, 1972 (Ga. L. 1972, p. 2912) is hereby amended by striking from subsection (f) of section 1 the following: The commissioners and ex officio judges shall receive an annual salary of $2,400.00 payable in the same manner., and inserting in lieu thereof the following: The commissioners and ex officio judges shall each receive an annual salary of not less than $2,400.00 nor more than $3,600.00, the exact amount of such salary within said limitations to be fixed by resolution duly adopted from time to time by the chairman and commissioners and ex officio judges and to be paid in equal monthly installments from the funds of Chatham County., so that when so amended subsection (f) of section 1 shall read as follows: (f) The chairman of the commissioners of Chatham County and ex officio judges shall receive an annual salary of $8,000.00 payable in equal monthly installments from the funds of Chatham County. The commissioners and ex officio judges shall each receive an annual salary of not less than $2,400.00 nor more than $3,600.00, the exact amount of such salary within said limitations to be fixed by resolution duly adopted from time to time by the chairman and commissioners and ex officio judges and to be paid in equal monthly installments from the funds of Chatham County. Salaries. 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 1973 session of the General Assembly of Georgia, a bill to amend an act creating and organizing Commissioners of Chatham County, who shall be ex officio judges, approved
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February 21, 1873 (Ga. L. 1873, p. 235) as amended; to repeal conflicting laws; and for other purposes. This 28th day of December, 1972. Herbert Jones, Jr. Representative, 109th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Herbert Jones, Jr. who, on oath, deposes and says that he is Representative from the 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ Herbert Jones, Jr. Representative, 109th District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 13, 1973. CHATHAM COUNTYGOVERNING AUTHORITY DESIGNATED. No. 33 (House Bill No. 785). An Act to amend an Act entitled, An Act to create and organize commissioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties,
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and for other purposes., approved February 21, 1873 (Ga. L. 1873, p. 235), as amended, particularly by an Act approved March 11, 1968 (Ga. L. 1968, p. 2245) and by an Act approved March 27, 1972 (Ga. L. 1972, p. 2912) so as to provide that the governing authority of Chatham County shall consist of nine commissioners of Chatham County and ex officio judges, one of whom shall be the chairman thereof; to provide voting by all nine members of said governing authority; 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 create and organize commissioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes. approved February 21, 1873 (Ga. L. 1873, p. 235), as amended, particularly by an Act approved March 11, 1968 (Ga. L. 1968, p. 2245) and by an Act approved March 27, 1972 (Ga. L. 1972, p. 2912) is hereby amended by striking the first and last sentences of subsection (a) of section 1 in their entirety and substituting in lieu thereof new first and last sentences of said subsection (a) to read as follows: The governing authority of Chatham County shall consist of nine commissioners of Chatham County and ex officio judges, one of whom shall be the chairman thereof and all said commissioners and ex officio judges, including the chairman thereof, shall have a vote. The eight other commissioners of Chatham County and ex officio judges shall be elected as hereinafter provided., so that when so amended subsection (a) of section 1 shall read as follows: (a) The governing authority of Chatham County shall consist of nine commissioners of Chatham County and ex officio judges, one of whom shall be the chairman thereof and all said commissioners and ex officio judges, including the chairman thereof, shall have a vote. The chairman shall generally supervise, direct and control the executive and
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administrative affairs of the county. The chairman shall preside over meetings of the commissioners of Chatham County and ex officio judges. The chairman shall have been a resident of Chatham County for at least two years and shall be at least 30 years of age upon taking office. The chairman shall be elected by a majority vote of the qualified voters of Chatham County voting from the county-at-large. The first chairman shall be elected at the general election held in 1972 and shall take office on the first day of January, 1973, for a term of four years and until his successor is elected and qualified. Successors shall be elected at the general election immediately preceding the expiration of the term of office of the chairman and shall take office on the first day of January immediately following such election for a term of four years and until a successor is elected and qualified. The eight other commissioners of Chatham County and ex officio judges shall be elected as hereinafter provided. Governing authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an act creating and organizing Commissioners of Chatham County, who shall be ex officio judges, approved February 21, 1873 (Ga. L. 1873, p. 235) as amended; to repeal conflicting laws; and for other purposes. This 29th day of December, 1972. Herbert Jones, Jr. Representative, 109th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Herbert Jones, Jr. who, on oath, deposes and says that he is Representative
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from the 109th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ Herbert Jones, Jr. Representative, 109th District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 13, 1973. CERTAIN BOARD OF ELECTIONS PROVIDED. (60,000-65,000). No. 34 (House Bill No. 780). An Act to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistance and other employees; to provide for compensation for such persons and 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. There is hereby created in each county of this State having a population of not less than 60,000 and not more than 65,000 according to the 1970 United States Decennial
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Census, or any such future census, a board of elections which shall have jurisdiction over the conduct of primaries and elections in such counties, in accordance with the provisions of this Act. Board of elections. Section 2. The board of elections in such counties shall be composed of five members, each of whom shall be an elector and resident of the county, and who shall be selected in the following manner: (a) One member shall be appointed by the chairman of the county executive committee of the political party whose candidates, at the last preceding general election, received the largest number of votes in this State for members of the General Assembly, and one member shall be appointed by the chairman of the county executive committee of the political party whose candidates at such election received the next largest number of such votes; provided, however, each of such appointments shall have been ratified by a majority of the members of each of such respective executive committees voting at a meeting duly called and held for such purposes; provided, further, that in the event the members of said executive committees fail to elect such members at least thirty (30) days preceding the date on which such members are to take office, then such members shall be appointed in accordance with the provisions of section 4 of this Act. Members. (b) Three members shall be appointed by the governing authority of such county. (c) From the five members of the elections board, one member shall be elected by the elections board members to serve as chairman for a one-year term. However, said chairman shall be eligible to succeed himself. Section 3. 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.
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Section 4. The appointment or election of each appointed or elected member shall be made by the respective appointing or electing authority filing an affidavit with the clerk of the superior court, no later than thirty (30) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such appointed or elected member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairman, within the same time and in the same manner as provided by law for registrars. In the event any appointing or electing authority fails (1) to make a regular appointment or election within the times specified in this section and in section 2(a), or (2) to make an interim appointment or election to fill a vacancy within ninety days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of such county. Procedure. Section 5. The initial members of the board appointed or elected pursuant to subsection (a) of section 2 shall serve for an initial term of office of two years and until their successors are appointed or elected and qualified. The members of the board appointed by the governing authority of such counties pursuant to subsection (b) of section 2 shall serve for initial terms of office of four years. Thereafter, successors to the initial members shall serve for terms of office of four years until their successors are duly appointed and qualified. Each member shall be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the respective appointing or electing authority to the clerk of the superior court. All members shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. Terms.
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Section 6. In the event a vacancy occurs in the office of any appointed or elected member before the expiration of his term, by removal, death or resignation, or otherwise, the respective appointing or electing authority shall within ninety (90) days following such vacancy appoint or elect a successor to serve the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment or election of members. Vacancies. Section 7. The first members of the board under this Act shall take office on July 1, 1973. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Oath. Section 8. Each board of elections shall: (a) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the ordinary pursuant to Title 34 of the Georgia Code of 1933, as now or hereinafter amended, and particularly by an Act entitled The Georgia Election Code, approved June 24, 1964, as amended, and/or any other provisions of law. (b) With regard to preparation for and conduct of primaries: (1) succeed to all the duties and powers granted to an incumbent upon the ordinary by Title 34 of the Georgia Code of 1933, as now or hereafter amended, and particularly by an Act entitled The Georgia Election Code, approved June 24, 1964, as amended, and/or any other provision of law, (2) formulate, adopt and promulgate rules and regulations, consistent with law and the rules and regulations of the State Executive Committee of each political party, governing the conduct of primaries, to the end that, insofar as practicable, all primaries shall be uniformly conducted by the county board of elections, poll workers properly trained and voters adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code section
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34-902(c), as amended, with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board of elections. (3) Nothing in this Act shall be construed to require or prohibit the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. (c) With regard to registration of electors, succeed to and exercise all of the duties and powers granted to and incumbent on the chief registrar and the county registrars of such counties pursuant to Title 34 of the Georgia Code of 1933, as now or hereafter amended, and particularly by an Act entitled The Georgia Election Code, approved June 24, 1964, as amended, and/or any other provision of law. Section 9. The board shall be responsible for the selection, appointment and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. Poll workers. Section 10. With the consent of the governing authority, the board of elections shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets and other material designed to adequately inform and instruct electors of the county with regard to elections. Expenses. Section 11. Upon the effective date of this Act, the ordinary and the county board of registrars shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, paper, records and facilities of every kind pertaining to such powers and duties. However, the ordinary shall swear in all persons elected to public office as done prior to the effective date of this Act. Succession. Section 12. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct and control the administration
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of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Chairman. Section 13. Compensation for the chairman and other members of the board of elections, clerical assistants and other employees shall be such as may be fixed by the county governing authority. Such compensation shall be paid from county funds. Compensation. Section 14. The govern authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Officers. Section 15. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code section 34-103 of the Code of Georgia of 1933, as amended, unless otherwise clearly apparent from the text of this Act. Section 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 14, 1973. HOUSTON COUNTYCOMPENSATION OF COMMISSIONERS CHANGED, ETC. No. 35 (House Bill No. 874). 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, particularly by an Act approved
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March 21, 1970 (Ga. L. 1970, p. 3236), so as to change the compensation provisions relating to the members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3236), 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 members of the board of commissioners of Houston County shall receive a salary of three hundred and fifty ($350.00) dollars per month from the funds of Houston County. Compensation. (b) A monthly contingent expense allowance for the chairman of the board of commissioners of Houston County shall be and the same is hereby fixed in the sum of one hundred and fifty ($150.00) dollars, which shall be in addition to any other compensation provided for said chairman. (c) A monthly contingent expense allowance for the members of the board of commissioners of Houston County, other than the chairman, shall be and the same is hereby fixed in the sum of fifty ($50.00) dollars, which shall be in addition to any other compensation provided for said members other than the chairman. 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.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to amend the Georgia laws relative to Houston County, Georgia, so as to change the procedures whereby the compensation of the members of the Board of Commissioners of Houston County is set (Ga. L. 1922, p. 372, as amended, particularly by Ga. L. 1970, pp. 3236-3238) and so as to amend procedures and establish salaries for other elected Houston County public officials (Ga. Laws 1964, pp. 2811, 2813, and 2816) and for other purposes. This 22nd day of January, 1973. Ed Baker Senator, 18th District Vince Moyer Representative, 99th District Ted Waddle Representative, 98th District Larry C. Walker, Jr. Representative, 100th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted Waddle who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston
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County, on the following dates: January 25, February 1, 8, 1973. /s/ Ted Waddle Representative, 98th District Sworn to and subscribed before me, this 20th day of February, 1973. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 11, 1976. (Seal). Approved March 14, 1973. CERTAIN MUNICIPALITIESREZONING RESTRICTIONS ON ANNEXED PROPERTY PROVIDED. (18,100-18,250). No. 36 (House Bill No. 552). 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 twelve (12) months from the date such annexation became effective; to provide that no rezoning application shall be resubmitted after a decision by the county or municipal planning commission until at least twelve (12) months have elapsed in certain counties and municipalities located therein; to provide for the withdrawal of rezoning applications; 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 laws to the contrary notwithstanding, whenever any municipality of this State, which is located
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wholly within any county of this State having a population of not less than 18,100 or more than 18,250 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 twelve (12) months from the time when such annexation became effective. Section 2. Any other laws to the contrary notwithstanding, in all counties of this State having a population of not less than 18,100 or more than 18,250 according to the United States decennial census of 1970, or any future such census, and any municipalities located wholly within any of such counties, no application for rezoning shall be resubmitted for consideration after a decision by the county or municipal planning commission until at least twelve (12) months have elapsed from the date of approval or disapproval of the rezoning petition. Nothing herein shall be construed so as to prohibit a petitioner from withdrawing his application prior to a decision by the county or municipal planning commission. Rezoning. 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 March 14, 1973. STEPHENS COUNTYSUPERIOR COURT CLERK PERSONNELCOMPENSATION PROVISIONS CHANGED. No. 39 (House Bill No. 495). 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), as amended
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by an Act approved March 31, 1971 (Ga. L. 1971, p. 2737), so as to change the provision relative to the compensation of the 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), as amended by an Act approved March 31, 1971 (Ga. L. 1971, p. 2737), is hereby amended by striking section 3 in its entirety and substituting 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 authorized by the Board of Commissioners of Stephens County. The compensation of such personnel shall be determined by the Board. Such compensation shall be paid in equal monthly installments out of the funds of Stephens County. 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. Intent of Legislation. The Stephens County Board of Commissioners have requested that the 10th District Representative of the Georgia General Assembly introduce local legislation which would give the Stephens County Board of Commissioners the authority to set and control the salaries of all hired county employees. Jack Irvin Representative, 10th District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin 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 Piedmont Herald which is the official organ of Stephens County, on the following dates: January 11, 18, 25, 1973. /s/ Jack Irvin Representative, 10th District Sworn to and subscribed before me, this 29th day of January, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 15, 1973. STEPHENS COUNTYCOMPENSATION OF SHERIFF'S DEPUTIES AND SECRETARY CHANGED, ETC. No. 40 (House Bill No. 496). 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), an Act approved March 24, 1965 (Ga. L. 1965, p. 2476), an Act approved March 31, 1967 (Ga. L. 1967, p. 2357), an Act approved March 25, 1968 (Ga. L. 1968, p. 2846), an Act approved March 19, 1970 (Ga. L. 1970, p. 2889), and an Act approved March 31, 1971 (Ga. L. 1971, p. 2735), so as to change the provision relative to the compensation of deputies and the secretary;
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to provide 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), an Act approved March 24, 1965 (Ga. L. 1965, p. 2476), an Act approved March 31, 1967 (Ga. L. 1967, p. 2357), an Act approved March 25, 1968 (Ga. L. 1968, p. 2846), an Act approved March 19, 1970 (Ga. L. 1970, p. 2889), and an Act approved March 31, 1971 (Ga. L. 1971, p. 2735), is hereby amended by striking section 3 in its entirety and substituting in lieu thereof the following: Section 3. (a) The sheriff may appoint 4 deputies, to serve at his pleasure, whose salaries shall be determined by the governing authority of Stephens County. Deputies. (b) The sheriff may appoint a secretary, to serve at his pleasure, whose salary shall be determined by the governing authority of Stephens County. Secretary. (c) The sheriff may appoint a jailer, to serve at his pleasure, whose salary shall be determined by the governing authority of Stephens County. Jailer. (d) The salaries provided in this section shall be paid in equal monthly installments from the funds of Stephens 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. Intent of Legislation. The Stephens County Board of Commissioners have requested that the 10th District Representative of the Georgia General Assembly introduce local legislation which would
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give the Stephens County Board of Commissioners the authority to set and control the salaries of all hired county employees. Jack Irvin Representative, 10th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin 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 Piedmont Herald which is the official organ of Stephens County, on the following dates: January 11, 18, 25, 1973. /s/ Jack Irvin Representative, 10th District Sworn to and subscribed before me, this 29th day of January, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 15, 1973. STEPHENS COUNTYCOMPENSATION OF ORDINARY'S CLERK CHANGED. No. 41 (House Bill No. 497). 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), and an Act approved March 31, 1971
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(Ga. L. 1971, p. 2739), so as to change the provisions relative to the compensation of the clerk appointed by 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 Stephens County on an annual salary, approved March 19, 1970 (Ga. L. 1970, p. 2893), as amended by an Act approved March 31, 1971 (Ga. L. 1971, p. 2739), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof the following: Section 4. The Ordinary shall have the authority to appoint one clerk, if he shall deem it necessary to efficiently and effectively discharge the official duties of his office. The compensation of such clerk shall be determined by the governing authority of Stephens County. Such compensation shall be paid in equal monthly installments out of the funds of Stephens County. Clerk. 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. Intent of Legislation. The Stephens County Board of Commissioners have requested that the 10th District Representative of the Georgia General Assembly introduce local legislation which would give the Stephens County Board of Commissioners the authority to set and control the salaries of all hired county employees. Jack Irvin Representative, 10th District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin 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 Piedmont Herald which is the official organ of Stephens County, on the following dates: January 11, 18, 25, 1973. /s/ Jack Irvin Representative, 10th District Sworn to and subscribed before me, this 29th day of January, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 15, 1973. COBB COUNTYCERTAIN EXEMPTION FROM AD VALOREM TAXATION FOR EDUCATIONAL PURPOSES PROVIDED. No. 42 (House Bill No. 575). An Act to provide that the homestead of each resident of the Cobb County School District who is 62 years of age or over and who has an income from all sources, including the income of certain members of the family, not exceeding $6,000.00 per annum, shall be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such school system; to provide for the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. The homestead of each resident of the Cobb County School District who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $6,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. Exemption. Section 2. The exemption provided for in section 1 shall not be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Cobb County giving the age of the owner, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by Section 1 as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Commissioner shall provide affidavit forms for this purpose. Application. Section 3. The exemption granted to the homestead by this Act shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this Act. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this Act in the manner herein provided. Section 4. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972. Effective date.
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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 it is the intention of the undersigned to introduce local legislation providing that the homestead exemption of each resident of the Cobb County School District who is 62 years of age or over and who has an income from all sources, including the income of certain members of the family, not exceeding $6,000 per annum shall be granted an exemption from ad valorem taxation for educational purposes listed for and in behalf of the Cobb County School System, and for other purposes. /s/ Joe Mack Wilson 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 19th 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 5, 12, 19, 26, February 2, 9, 1973. /s/ Joe Mack Wilson Representative, 19th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 15, 1973.
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CITY OF ALBANYCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 43 (House Bill No. 600). 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 land district line between the First and Second Land Districts of Dougherty County and the northerly county line of Dougherty County as a beginning point run east along the northerly county line of Dougherty County and the north Land Lot line of Land Lots 409, 408, 369 and 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 Old Leesburg Road to the south right-of-way line of Philema Road extended westerly; thence run easterly along the extension westerly of and the south right-of-way line of Philema Road to the east bank of the Muckafoonee 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
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Avenue projected east; thence run along the north line of Roosevelt Avenue projected east to the west side of a twenty (20) foot alley one hundred and fifty (150) feet west of Hobson Street; thence run northerly along the west side of said twenty (20) foot alley to the south side of a twenty (20) foot alley; thence run westerly along the south side of said twenty (20) 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) 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 northeasterly right-of-way line of the Georgia Northern Railroad; thence run northwesterly along the northeasterly 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 degrees 45[prime] east a distance of four hundred eighty and seven-tenths (480.7) feet to the west line of Land Lot 237; thence run north 0 degrees 23[prime] west a distance of seven hundred eighteen and six tenths (718.6) feet to a point; thence run south 72 degrees 53 minutes east a distance of one thousand eight hundred eighty-one and four-tenths (1881.4) feet to a point; thence run north 0 degrees 18[prime] west to the south land lot line of Land Lot 236; thence run west along the south land lot line of Land Lot 236 to a point two thousand five hundred seventy-eight and eight-tenths (2578.8) feet west of the east line of Land Lot 236; thence run north one thousand nine hundred one and five-tenths (1901.5) feet to the southeasterly bank of the Georgia Power Company Lake; thence run initially east northeasterly and along the meanderings of the southerly bank of the Georgia Power Company Lake to a point one thousand four hundred seventy (1470) feet more or less west of and one thousand five hundred fifty (1550)
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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 18 degrees 53[prime] east a distance of four hundred fifty-five (455) feet to a point; thence run south 45 degrees 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[prime] west a distance of three hundred eighty-nine and five-tenths (389.5) feet to a point; thence run north 45 degrees west a distance of eight hundred thirty (830) 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 northwesterly right-of-way line of the Cordele Road (Georgia Highway 257); thence run southwesterly along the northwesterly right-of-way line of the Cordele Road (Georgia Highway 257) to the east line of Land Lot 161; thence run southerly along the east line of Land Lot 161 to a point four hundred eighteen and seven-tenths (418.7) feet south of the southeasterly right-of-way line of the Cordele Road (Georgia Highway 257); thence run north 88 degrees 27[prime] east a distance of four hundred nineteen and one-tenth (419.1) feet to a point; thence run north 1 degree 12[prime] west a distance of fifty (50) feet to a point; thence run north 50 degrees 7[prime] west a distance of three hundred forty-seven and three-tenths (347.3) feet to a
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point; thence run north 39 degrees 53[prime] east a distance of two hundred eight and seven-tenths (208.7) feet to a point; thence run north 50 degrees 7[prime] west a distance of two hundred eight and seven-tenths (208.7) feet to a point on the southeasterly right-of-way line of the Cordele Road (Georgia Highway 257); thence run northeasterly along the southeasterly right-of-way line of the Cordele Road a distance of nine hundred eighteen and five-tenths (918.5) feet to a point; thence run south 45 degrees 48[prime] west a distance of one hundred five (105) feet to a point; thence run north 44 degrees 12[prime] east a distance of four hundred twenty-three and nine-tenths (423.9) feet to a point; thence run north 45 degrees 48[prime] west a distance of one hundred five (105) feet to a point on the southeasterly right-of-way line of the Cordele Road (Georgia Highway 257); thence run northeasterly along the southeasterly right-of-way line of the Cordele Road (Georgia Highway 257) a distance of one hundred thirty-six (136) feet to a point; thence run south 34 degrees 19[prime] east a distance of two hundred eighty (280) feet to a point; thence run north 48 degrees 26[prime] east a distance of seven hundred seventy-eight and eight-tenths (778.8) feet to a point; thence run north 73 degrees 38 minutes east a distance of four hundred ninety-seven (497) feet to a point; thence run north 60 degrees 12[prime] east a distance of three hundred forty-four and eight-tenths (344.8) feet to a point; thence run south 2 degrees 6[prime] east a distance of seven hundred twenty and four-tenths (720.4) feet to a point; thence run south 88 degrees 31[prime] west a distance of one thousand seventy-nine and four-tenths (1079.4) feet to a point; thence run south 4 degrees 25[prime] west a distance of six hundred twenty-six and two-tenths (626.2) feet to a point; thence run south 0 degrees 37 minutes east a distance of one thousand four hundred nine and seven-tenths (1409.7) feet to a point; run south 89 degrees 26[prime] west a distance of one hundred eighty-one and four-tenths (181.4) feet to a point; thence run south 0 degrees 37[prime] east a distance of four hundred eighty-six and two-tenths (486.2) feet to a point on the north land lot line of Land Lot 154; thence run easterly along the north line of Land Lot 154, a distance of eight hundred seventy-four and six-tenths (874.6) feet to a point; thence run southerly a distance of two thousand sixty-three and five-tenths
Page 2108
(2063.5) feet to 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 and Land Lot 164 to the northerly right-of-way line of the Seaboard Coastline Railroad Company track from Albany to Waycross; thence run westerly along the northerly right-of-way line of the Seaboard Coastline Railroad Company track from Albany to Waycross to the center line of South Mock Road; thence run northerly 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 point which is sixty (60) feet east of the center line of Thornton Drive extended southerly; thence run south 4 degrees west a distance of one hundred sixty-six and one-tenth (166.1) feet to a point; thence run north 86 degrees west a distance of eight hundred twenty-eight and fifty-one hundredths (828.51) feet to a point; thence run north 5 degrees 29[prime] west 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 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 the north right-of-way line of the Georgia Northern Railroad; thence run northwesterly along the north right-of-way line of the Georgia Northern Railroad to a point on the south
Page 2109
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 Flint River; thence run southerly along the east low water line of Flint River to its intersection with the south line of Land Lot 267; thence run easterly along the south line of Land Lot 267 to the 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 land records 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 southeastern corner of Land Lot 242; then run easterly along the north land lot line of Land Lot 226 to the west right-of-way line of the Seaboard Coastline Railroad Company track from Albany to Thomasville; thence run south along the west right-of-way line of the Seaboard Coastline Railroad Company track from Albany to Thomasville to the south land lot line of Land Lot 226; thence run west along the south land lot line of Land Lots 226 and 243
Page 2110
to a point one thousand two hundred ninety three and five-tenths (1293.5) feet east of the east right-of-way line of Radium Springs Road (Georgia Highway 3); thence run north 1 degree 20[prime] west a distance of three hundred eighty-nine (389) feet to a point; thence run south 88 degrees 40[prime] west a distance of one thousand two hundred fifty-eight and five-tenths (1258.5) feet to the centerline of Radium Springs Road (Georgia Highway 3); thence run northerly along the center line of Radium Springs Road to a point six hundred six and seven-tenths (606.7) feet more or less north of the northerly boundary of the United States Marine Corps Supply Center Drainage Canal, which point is on the extension westerly of the north line of Lot 12, Flint River Brick Company, plat as recorded in the public land records of Dougherty County; thence run easterly along the north line of Lot 12, Flint River Brick Company a distance of one thousand sixty-six (1066) feet to the east line of said Lot; thence run north 6 degrees 31[prime] west a distance of two hundred fifty-four and six-tenths (254.6) feet to a point; thence run north 60 degrees 53[prime] east a distance of nine hundred fifty-five and four tenths (955.4) feet to a point; thence run north 7 degrees 26[prime] east to the south land lot 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) feet south of the north line of Land Lot 305 extended east across the Flint River; thence run westerly along said line parallel to and five hundred thirty-three (533) feet south of the north line of Land Lot 305 to a point one hundred ninety two and seven-tenths (192.7) feet west of the west low water line of the Flint River; thence run south southeasterly a distance of five hundred 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)
Page 2111
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 89 degrees 02[prime] 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 the 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 east right-of-way line of South Slappey Boulevard (Georgia Highway 91W); thence run north along the east right-of-way line of South Slappey Boulevard to a point two hundred ten (210) feet south of the south right-of-way line of Colquitt Avenue; thence run west along the south side of a twenty (20) foot alley extended to the west right-of-way line of Walnut Street; thence run south 1 degree 0[prime] east along the west side of Walnut Street a distance of one hundred twenty (120) feet to the south side of a twenty (20) foot alley; thence run south 89 degrees 0[prime] west along the south side of said twenty (20) 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[prime] west along the west line of Land Lot number 375 a distance of two hundred fifty-eight (258) feet to the south side of a twenty (20) foot alley; thence run west along the south side of said twenty (20) foot alley to the east line of Land Lot number 415, First Land District of Dougherty County; thence run south along the east land lot line of Land Lots number 415 and 416 to a point two thousand three hundred eighty-six and one-hundredth (2386.01) feet south of the north land lot line of Land Lot 416; thence run south 88 degrees 8[prime] 53 seconds west a distance of one thousand four hundred seventy and sixty-five hundredths (1470.65) feet to a point; thence run south 0 degrees 23[prime] 33 seconds east a distance of one hundred forty-four and sixty-six hundredths (144.66) feet to a point; thence run north 88 degrees 14 minutes 8 seconds west a distance of four hundred sixty-five and ninety-one
Page 2112
hundredths (465.91) feet to a point; thence run north 87 degrees 17[prime] 8 seconds west a distance of one thousand four hundred twenty-seven and fifty-three hundredths (1427.53) feet to the center line of English Road; thence run south along the center line of English Road to a point six hundred ten and six-tenths (610.6) feet north of the south land lot line of Land Lot 160; thence run south 87 degrees 45[prime] west a distance of one thousand two hundred four (1204) feet to a point; thence run south 2 degrees east a distance of six hundred ten and six-tenths (610.6) feet to the south land lot line of Land Lot 160; thence run west along the south line of Land Lot 160 a distance of one hundred eighty-five (185) feet to a point; thence run south to the south line of Land Lot 161; thence run west along the south line of Land Lots 161, 162, 163, 164, 165 and 166 to the west land lot line of Land Lot 166; thence run north along the west land lot line of Land Lots 166, 155 and 126 to the east bank of the Coolewahee Creek; thence run northerly along the east bank of the Coolewahee Creek to the south right-of-way line of Gillionville Road (Georgia Highway 234); thence run west along the south right-of-way line of Gillionville Road (Georgia Highway 234) a distance of two thousand three hundred twenty-seven (2327) feet to a point; thence run north a distance of four hundred (400) feet to a point; thence run west four hundred sixty-six (466) feet to a point seventy (70) feet west of the land lot line between Land Lots 74 and 75 and four hundred (400) feet north of the north right-of-way line of Gillionville Road (Georgia Highway 234); thence run north 4 degrees 34[prime] east a distance of one thousand seven hundred thirty and five-tenths (1730.5) feet to a point; thence run east a distance of two thousand eight hundred seventeen (2817) feet to a point on the west bank of the Coolewahee Creek; thence run southerly along the west bank of the Coolewahee Creek to the north right-of-way line of Gillionville Road (Georgia Highway 234); thence run east along the north right-of-way line of Gillionville Road (Georgia Highway 234) to the center line of Lockett Station Road; thence run south along the center line of Lockett Station Road to the north right-of-way line of Land Lot 124; thence run east along the north land lot line of Land Lots 124 and 123 to the east Land Lot line of Land Lot 123; thence run south
Page 2113
along the land lot line between Land Lot 123 and 122 to the south land lot line of Land Lot 122; thence run east along the south land lot line of Land Lot 122 to the center line of Westover Road; thence run south along the center line of Westover Road to a point two thousand seven hundred thirty-seven and thirteen hundredths (2737.13) feet north of the south land lot line of Land Lot 159 as measured along the center line of Westover Road; thence run south 84 degrees west a distance of nine hundred twenty-four and forty-eight hundredths (924.48) feet to a point; thence run south 6 degrees east a distance of five hundred (500) feet to a point; thence run north 84 degrees east a distance of nine hundred twenty-one and two-tenths (921.2) feet to a point on the center line of Westover Road; thence run south along the center line of Westover Road to a point one thousand four hundred sixty-seven (1467) feet north of the south land lot line of Land Lot 159; thence run south 54 degrees west a distance of three hundred (300) feet to a point; thence run south 34 degrees 3[prime] minutes west a distance of one thousand five hundred fifty-seven and forty-one hundredths (1557.41) feet to a point on the south land lot line of Land Lot 159; thence run east along the south land lot line of Land Lot 159 to the west line of Land Lot 160; thence run north along the west land lot line of Land Lot 160 to the north land lot line of Land Lot 160; thence run east along the north land lot line of Land Lot 160 a distance of four hundred seventy-three and six hundredths (473.06) feet to a point; thence run north 45 degrees 9[prime] 30 seconds east a distance of one thousand sixty-two (1062) feet to a point; thence run along a curve whose chord runs north 19 degrees 59[prime] east a distance of five hundred thirty (530) feet to a point; thence run north 5 degrees 11 minutes east 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) foot alley; thence run south 71 degrees 10[prime] west along the south side of said alley
Page 2114
a distance of twenty-three and seven-tenths (23.7) feet to a point; thence run south 60 degrees 31[prime] west along the south side of said alley a distance of three hundred fifty (350) feet to a point; thence run south 72 degrees 43[prime] 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[prime] west along the west side of a twenty (20) foot alley a distance of nine hundred and eight-tenths (900.8) feet to the north side of a twenty (20) foot alley; thence run north 18 degrees 05[prime] west, a distance of five hundred sixty (560) 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 northwesterly 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[prime] west a distance of two thousand five hundred forty-one and seven-tenths (2541.7) to a point; thence run north 2 degrees 20[prime] west a distance of one thousand seven hundred thirty-one and eight-tenths (1731.8) feet to a point on the south right-of-way line of Gillionville Road; thence run north 87 degrees 40[prime] 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 southerly along the west line of Land Lot 80 Second Land District of Dougherty County to the center line of Gillionville Road (Georgia Highway 234); thence run west along the center line of Gillionville Road (Georgia Highway 234) to the center line of Beattie Road; thence run northerly along the center line of Beattie Road to the north land lot line of Land Lot 78; thence run west along the north land lot line of Land Lot 78 to the west right-of-way
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line of Beattie Road; thence run north along the west right-of-way line of Beattie Road to a point three hundred eight (308) feet south of the intersection of the west right-of-way line of Beattie Road and the south right-of-way line of Westgate Boulevard extended west; thence run south 87 degrees 59[prime] 55 seconds west a distance of one thousand four hundred ninety-four and seven hundredths (1494.07) feet to a point on the east land lot line of Land Lot 44; thence run south along the east land lot line of Land Lot 44 to the south land lot line of Land Lot 44; thence run west along the south land lot line of Land Lot 44 to the west land lot line of Land Lot 44; thence run north along the west land lot line of Land Lot 44 to its intersection with the easterly boundary of Doublegate Subdivision as recorded in the Public Land Records of Dougherty County in Plat Book No. 3 on Pages 194 and 195; thence run northerly along the east boundary of Doublegate Subdivision as recorded to the west land lot line of Land Lot 37; thence run north along the west land lot line of Land Lot 37 to the center line of Old Dawson Road; thence run east along the center line of Old Dawson Road to a point four hundred sixty-six and thirty-five hundredths (466.35) feet west of the east land lot line of Land Lot 37; thence run south one degree 47[prime] 51 seconds west a distance of one thousand seventy and seventy-six hundredths (1070.76) feet to a point; thence run south 72 degrees 54[prime] 15 seconds east a distance of three hundred nine and four-tenths (309.4) feet to a point; thence run north one degree 47[prime] 51 seconds west a distance of three hundred and seventy-six hundredths (300.76) feet to a point; thence run south 89 degrees 24[prime] east to the east land lot line of Land Lot 37; thence run south along the east land lot line of Land Lot 37 a distance of one thousand seven hundred seventy-seven (1777) feet to a point; thence run north 88 degrees 25 seconds east a distance of one thousand four hundred ten and five hundredths (1410.05) feet to a point on the center line of Beattie Road; thence run south along the center line of Beattie Road a distance of one thousand four hundred thirty-six and six hundredths (1436.06) feet to a point; thence run south 88 degrees 1[prime] 4 seconds west a distance of two hundred seventy-nine and ninety-one hundredths (279.91) feet to a point; thence run south 2 degrees 9[prime] 55 seconds east a distance of one hundred seventy-four
Page 2116
and thirteen hundredths (174.13) feet to a point; thence run south 88 degrees 2[prime] 55 seconds west a distance of two hundred forty-nine and ninety-six hundredths (249.96) feet to a point; thence run south 2 degrees 11 minutes 44 seconds east a distance of four hundred fifty (450) feet to a point; thence run north 88 degrees 2[prime] 20 seconds east a distance of one hundred fifty-eight (158) feet to a point; thence run south 2 degrees 11[prime] 22 seconds east a distance of six hundred thirty-seven and sixty-five hundredths (637.65) feet to a point; thence run north 87 degrees 45 minutes 28 seconds east a distance of ninety-two and one-tenth (92.1) feet to a point; thence run south 2 degrees 13[prime] 20 seconds east a distance of one hundred ninety-nine and seventy-five hundredths (199.75) feet to a point; thence run north 87 degrees 47 minutes 33 seconds east a distance of three hundred thirty-nine and ninety-five hundredths (339.95) feet to the east right-of-way line of Beattie Road; thence run southerly along the east right-of-way line of Beattie Road to the north land lot line of Land Lot 78; thence run east along the north land lot line of Land Lot 78 to the west land lot line of Land Lot 42; thence run north along the west land lot line of Land Lot 42 to the north land lot line of Land Lot 42; thence run east along the north land lot line of Land Lot 42 to a point five hundred fifty (550) feet east of the east land lot line of Land Lot 39; thence run north 0 degrees 40[prime] west a distance of one thousand three hundred fifty-six and four-tenths (1356.4) feet to a point; thence run east along the northern boundary of Dawson Heights Subdivision, as recorded in the Public Land Records of Dougherty County in Plat Book No. 3 on Pages 35, 123 and 124 and its extension east to a point on the southwesterly right-of-way line of Dawson Road (Georgia Highway 50); 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 east Land Lot of Land Lot 40 to the north line of Land Lot 40; thence run west along the north
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line of Land Lot 40 a distance of three hundred seventy-three and six-tenths (373.6) feet to a point; thence run south 37 degrees 45 minutes west a distance of one thousand three hundred eighty-two and three-tenths (1382.3) feet to a point on the center line of Dawson Road; thence run northwesterly along the center line of Dawson Road to a point three thousand four hundred five (3405) feet northwest of the intersection of said center line and the south land lot line of Land Lot 1 and the Second Land District of Dougherty County; thence run north 2 degrees west a distance of one thousand one hundred fifty-eight (1158) feet to a point on the northerly county line of Dougherty County; thence run east along the northerly county line of Dougherty County and the north land lot lines of Land Lots 2 and 1, Second Land District of Dougherty County to the beginning point. 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. Limits for police purposes 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. Wards. 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
Page 2118
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. 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 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
Page 2119
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 for passage at the present 1973 session of the General Assembly of Georgia a bill or bills amending the Charter of the City of Albany, Georgia. This 9th day of January, 1973. James V. Davis City Attorney 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 114th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Albany
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Herald which is the official organ of Dougherty County, on the following dates: January 12, 19 and 26, 1973. /s/ William S. Lee Representative 114th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 15, 1973. DOUGLAS COUNTYBOARD OF COMMISSIONERSCOMPENSATION CHANGED, ETC. No. 45 (House Bill No. 727). An Act to amend an Act creating a board of commissioners of roads and revenues of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved March 18, 1968 (Ga. L. 1968, p. 2294), so as to change the compensation and expense allowance of the commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved March 18, 1968 (Ga. L. 1968, p. 2294), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new section 7 to read as follows:
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Section 7. The chairman shall be compensated in the amount of $18,500.00 per annum and shall be reimbursed for expenses incurred in the performance of his official duties, but not to exceed $100.00 per month. The chairman shall devote full time to the duties of his office. The two other members of the board shall be compensated in the amount of $6,000.00 per annum and shall be reimbursed for expenses incurred in the performance of the duties of the board but not to exceed $100.00 per month. The compensation and expenses of the chairman and other members of the board shall be paid in equal monthly payments from the funds of Douglas County. The expenses of all members of the board shall be subject to the approval of the entire board. Chairman. Members. 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 a bill will be introduced in the 1973 Session of the General Assembly of Georgia to change the compensation of the Chairman and Members of the Board of Commissioners of Roads and Revenues of Douglas County, Georgia and for other purposes. /s/ Jim Dollar Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to aminister oaths, James Dollar 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 Douglas County Sentinel which is the official organ of
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Douglas County, on the following dates: January 4, 11, 18, 1973. /s/ James Dollar Representative, 63rd District Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 15, 1973. COBB COUNTYJUVENILE COURTCOMPENSATION OF JUDGE CHANGED, ETC. No. 46 (House Bill No. 890). An Act to amend an Act providing for the compensation of the Judge of the Cobb Juvenile Court, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3097) so as to change the compensation of said Judge; to provide that said Judge shall devote his full time to the duties of his office and shall not engage in the private practice of law; to provide an effective date; to repeal conflicting laws, and the 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 Juvenile Court, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended by an Act approved
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April 5, 1971 (Ga. L. 1971, p. 3097) is hereby amended by striking from section 1 the following: $12,000.00, and inserting in lieu thereof the following: $22,500.00, and by adding at the end of said section the following: Said Judge shall devote his full time to the duties of his office and shall not engage in the private practice of law., so that when so amended section 1 shall read as follows: Section 1. The Judge of the Cobb County Juvenile Court shall receive $22,500.00 per annum, which shall be paid in equal monthly installments from the general funds of Cobb County. Said Judge shall devote his full time to the duties of his office and shall not engage in the private practice of law. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular January-February-March 1973 Session of the General Assembly of Georgia, a bill to change the compensation and duties of the Judge of the Cobb County Juvenile Court; and for other purposes. This 22nd day of January, 1973. G. Robert Howard Representative, 19th District
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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 19th 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 2, 9, 16, 1973. /s/ G. Robert Howard Representative, 19th District Sworn to and subscribed before me, this 20th day of February, 1973. /s/ Susan Gordon Notary Public. (Seal). Approved March 15, 1973. COBB COUNTYSTATE COURTNUMBER OF ASSISTANT SOLICITORS PROVIDED, ETC. No. 47 (House Bill No. 989). 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 10, 1971 (Ga. L. 1971, p. 3605), so as to provide the number of assistant solicitors of said court shall be the same as the number of judges of said court; to change the maximum compensation of said assistant solicitors; to limit discretion of the Board of Commissioners of Cobb County in fixing the salary of said assistant solicitors; to
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provide 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 10, 1971 (Ga. L. 1971, p. 3605), is hereby amended by striking subsection (d) of section 27 in its entirety and substituting in lieu thereof a new subsection (d), to read as follows: (d) The solicitor shall have the authority to appoint the same number of assistant solicitors as the number of judges of the State Court of Cobb County. 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 $16,000.00 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. Assistant Solicitors. Section 2. Said Act is further amended by striking subsection (e) of section 27 in its entirety and substituting in lieu thereof a new subsection (e), to read as follows: (e) The solicitor shall have the authority to appoint in addition to assistant solicitors 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, except that the compensation of assistant solicitors shall be determined in accordance with the provisions of subsection (d). It shall be within the sole
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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. 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 January-February-March 1973 Session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Cobb County, formerly the Civic and Criminal Court of Cobb County, approved March 28, 1964 (Ga. L. 1964, p. 3211), and for other purposes. This 20th day of December, 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore, Senators George H. Kreeger G. Robert Howard Travis Duke A. L. Burruss Joe Mack Wilson Hugh Lee McDaniell Howard Atherton Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger
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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 Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 19, 26, February 2, 1973. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordan Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 15, 1973. SUMTER COUNTYBOARD OF EDUCATION RECONSTITUTED, ETC.REFERENDUM. No. 48 (House Bill No. 1164). An Act to amend an Act providing for the election of the Sumter County Board of Education, approved February 29, 1968 (Ga. L. 1968, p. 2065) so as to reconstitute said Board of Education; to provide for a special election and for future elections to elect members of said Board; to change the provisions relative to the chairman; to provide for all matters relative to the foregoing; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the election of the Sumter County Board of Education, approved February 29, 1968
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(Ga. L. 1968, p. 2065) is hereby amended by striking sections 1 through 4 in their entirety and substituting in lieu thereof new sections 1 through 4 to read as follows: Section 1. (a) The Board of Education of the Sumter County School System shall be composed of seven members to be elected as hereinafter provided. Composition. (b) For the purposes of electing the members of said Board of Education, there shall be seven Education Districts as follows: Education Districts 1 and 2 shall each be composed of all that portion of Sumter County lying without the corporate limits of the City of Americus. Education District No. 3 shall be composed of that territory within Sumter County embraced within that portion of the 27th voting precinct which lies outside the City of Americus. Education District No. 4 shall be composed of that territory within Sumter County which lies within the 15th (Leslie) voting precinct. Education District No. 5 shall be composed of that territory within Sumter County which lies within the old 26th (Plains) voting precinct. Education District No. 6 shall be composed of that territory within Sumter County which lies within the old 16th (Huntington) voting precinct, the 28th (Chambliss) voting precinct and the 29th (Andersonville) voting precinct. Education District No. 7 shall be composed of that territory within Sumter County which lies within the new 16th (Sumter) voting precinct, the 17th (Thompson) voting precinct and the new 26th (Concord) voting precinct. Section 2. (a) One member of said Board of Education shall be elected from each Education District. Each candidate for membership on said Board shall designate the Education
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District for which he is offering. No person shall be eligible for membership on said Board of Education unless he is at least 25 years of age and has been a resident of Sumter County for at least two years and a resident of his respective Education District for at least one year immediately preceding the date of his election. (b) Each member of said Board of Education shall be elected by a majority vote of the qualified voters voting in the Sumter County School District. All members of said Board of Education shall be nominated and elected in accordance with the provisions of Code Title 34, known as the `Georgia Election Code', as now or hereafter amended. (c) 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 shall appoint a resident of the Education District wherein the vacancy occurred to serve for the unexpired term, and the member so appointed shall possess the same qualifications as provided herein for elected members. In the event no candidate offers for an Education District, the grand jury shall appoint a member to serve until the next election, and the member so appointed shall possess the same qualifications as provided herein for elected members. In the event a member of said Board of Education changes his residence from the Education District from which he was elected, a vacancy shall exist from such District and shall be filled in the same manner as other vacancies. (d) Each member of the Board of Education shall receive $600.00 per annum, payable in equal monthly installments from county funds, as full compensation for their duties. Section 3. (a) The member of the heretofore existing Board of Education of the Sumter County School System from former Post seven who was elected by the voters of the Sumter County School District at-large at the general election of 1972, for a term beginning January 1, 1973, and ending December 31, 1976, shall continue to serve for the remainder of the term to which elected, and such member
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shall be deemed to be the member from Education District 1 created herein. (b) The first members of the Board of Education created herein elected from Education Districts 2, 4 and 5 shall be elected at a special election to be held on June 5, 1973, and shall take office on July 1, 1973, for terms to end on December 31, 1976. At the general election held in 1976, successors to the initial members from Education Districts 1, 2, 4 and 5 shall be elected for terms of four years beginning on January 1, 1977, and until their successors are elected and qualified. The first members of the Board of Education created herein elected from Education Districts 3, 6 and 7 shall be elected at said special election to be held on June 5, 1973, and shall take office on July 1, 1973, for terms to end on December 31, 1974. At the general election held in 1974, successors to the initial members from Education Districts 3, 6 and 7 shall be elected for terms of four years beginning on January 1, 1975, and until their successors are elected and qualified. Thereafter, all members 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 immediately following their election for terms of four years and until their successors are elected and qualified. Section 4. At the first meeting of the Board of Education conducted in July, 1973, the Board shall elect a chairman from its own membership to serve until his successor is elected as provided herein. Beginning with the first regular meeting of the Board held in January, 1974, and at the first regular meeting held in January of each year thereafter, the Board shall elect a chairman from its own membership. Four members of the Board shall constitute a quorum for the transaction of any business which may come before the Board. Section 2. Within not 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 Sumter County to issue the call for an election for the purpose of submitting this Act to the voters of the Sumter County School District for approval or rejection. The Ordinary
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shall set the date of such election for a day not less than 30 nor more than 40 days after the date of the issuance of the call. The 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 Sumter County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act reconstituting the Sumter County Board of Education and providing for a special election to elect the members of said 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 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, in accordance with Section 3 of this Act, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Sumter 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. This Act shall become effective upon its approval in the referendum election provided for by section 2 of this Act for the purpose of electing the members of the Sumter County Board of Education in accordance with this Act. For all other purposes, this Act shall become effective on July 1, 1973, if approved at the referendum election provided by section 2 of this Act. 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, 1973 regular session of the Georgia General Assembly,
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a bill to change the manner of election of members of the Board of Education of Sumter County, Georgia; to provide for any necessary procedures connected with the foregoing; and for other purposes. This 3rd day February, 1973. /s/ Hugh Carter Senator, 14th District /s/ Oliver Oxford Representative, 101st District Georgia, Sumter County. Personally appeared before the undersigned officer, duly authorized to administer oaths, James R. Blair, who being sworn says that he is the Publisher of the Times Recorder, a newspaper having general circulation in Sumter County, Georgia and its principal place of business is in said county, and who says Legal Ad No. 7618 appeared in the February 3, 20, 26, 1973 issue(s) of The Times Recorder. /s/ James R. Blair Sworn to and subscribed before me this 26th day of February, 1973. /s/ C. E. Pilcher Notary Public, Sumter County, Georgia. (Seal). Approved March 15, 1973. CITY OF THOMSONNEW CHARTER. No. 49 (House Bill No. 225). An Act to repeal and replace the charter of the City of Thomson, Georgia, as provided by an Act approved August 19, 1927 (Ga. L. 1927, p. 1631), as amended; to create a
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new charter for said city; to provide for the corporate powers of said city; to prescribe the corporate limits of said city; to provide for the government of said city; to provide that all ordinances, by-laws, rules and regulations in force in said city not inconsistent with this Act shall be valid and of force until amended or repealed; to provide for the construction of this Act; to provide for the establishment of the city government; to provide for a mayor and councilmen; to provide for the qualifications, election, terms of office, compensation, methods of filling vacancies, duties, powers and obligations of the mayor and councilmen; to provide for meetings, notices and quorums of the mayor and councilmen; to provide for a mayor pro tem and his duties and powers; to provide for the appointment of a city clerk and his duties, powers, compensation, bonds and oath; to provide for the promulgation and adoption of ordinances, rules, regulations and by-laws; to provide for minutes; to provide for the organization and personnel of the city government; to provide for a city attorney and assistant city attorneys and their appointment, duties, powers and compensation; to provide for oaths of office; to prohibit certain political activity; to provide for the suspension and dismissal of officers and employees; to provide for a fiscal year or years; to provide for operating budgets, capital improvements budgets and other budgets; to provide for appropriations, additional appropriations and lapses of appropriations; to provide for the sale of city property; to provide for audits and the publication of financial statements; to provide for the levy, assessment and collection of taxes; to provide for the collection of delinquent taxes; to provide for executions; to provide for special assessments; to provide for regular and special elections; to provide for the qualification of candidates in elections; to provide for the qualification and registration of electors; to provide for the time and place of elections; to provide for absentee ballots; to provide for rules for elections; to provide for a recorder's court and the jurisdiction of such court; to provide for a recorder and his appointment, qualifications, duties, responsibilities, obligations, compensation, oath and jurisdiction; to provide for a recorder pro tem; to provide for penalties; to provide for court costs; to provide for rules
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for the recorder's court; to provide for business licenses and the regulation of businesses; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. CHARTER, CORPORATE POWERS AND CITY LIMITS Section 1.01. Re-Incorporation. This Act shall constitute the whole charter of the City of Thomson, Georgia, repealing and replacing the Charter as provided by an Act approved August 19, 1927 (Ga. L. 1927, p. 1631), as amended, except certain provisions relating to the corporate boundaries of the City of Thomson and annexation thereto. The City of Thomson, Georgia, in the County of McDuffie, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Thomson, 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 of 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 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 subdivision 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.
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(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 boundaries of the city, for present or future use, and for any corporate purpose deemed necessary by the mayor and council, under Code Section 36-202, 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 shall 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 mayor
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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 the regulations of the Public Service Commission or any other state or federal agency having jurisdiction in such matters. (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, conservational, athletic, 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. Property may be acquired for such purposes by condemnation under Code Section 36-202 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 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 the 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
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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. The provisions of this subsection shall not be construed to authorize the establishment of standards for, or the regulation of the electrical wiring and equipment by or for a utility rendering communication services and required by it to be utilized in the rendition of its duty authorized service to the public. (n) To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the 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 the appropriate county or 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 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 any ordinance 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
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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 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 or 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 unless expressly prohibited to cities under the Constitution or applicable laws 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, manufacturing and other enterprises into the city; and 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, to alter, open or close public streets and public alleys and ways by ordinance.
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(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. (x) To exercise the power of arrest through duly appointed policemen. (y) To provide and maintain a system of pensions and retirement for officers and employees of the city. (z) 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 and councilmen of said city shall deem best to accomplish the purposes of the zoning regulations. Section 1.03. Ordinances. All ordinances, by-laws, rules, and regulations, now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the mayor and council of said city.
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Section 1.04. Construction. The powers of the City shall be construed liberally and in favor of the City. The specific mention or failure to mention particular powers in this Charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the City within its corporate limits and to conduct all its affairs. Section 1.05. Corporate Limits. The corporate limits of the City of Thomson shall include all of the following property and territory: (A) All of the territory lying and being within three-fourths (3/4) of one mile from the official center of the City of Thomson, as specified and described in a Resolution of the Mayor and Council of the City of Thomson, adopted on the 14th day of May, 1970, described as follows: The Mayor and Council hereby designates and recognizes the official center of the City of Thomson, as specified and provided in the Ga. L. of 1927, page 1639, as being located and situated at the Southwest corner of the property of Knox Investment Company (McLELLAN'S STORE, FORMERLY THE KNOX HOTEL PROPERTY) at the point where the sidewalk on the east side of Main Street intersects with the north side of the sidewalk which parallels Journal Street; with a marker-disc to be placed on said spot, said marker to be not less than 12 inches in diameter. (B) Also, all of the territory described in three Acts of the General Assembly of Georgia, wherein certain territory was annexed to and made a part of the City of Thomson, to wit; An Act approved February 26, 1959 (Ga. L. 1959, p. 2067); An Act approved February 21, 1964 (Ga. L. 1964, p. 2196); An Act approved March 4, 1966 (Ga. L. 1966, p. 3007).
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(C) Also, all of the territory described in twenty-one (21) Ordinances of the City of Thomson, duly adopted by the Mayor and Council in accordance with the statutes of the State of Georgia, said ordinances, with date of adoption being as follows: No. 224 April 17, 1952; No. 228 March 12, 1953; No. 231 August 13, 1953; No. 233 November 12, 1953; No. 236 March 12, 1954; No. 239 November 11, 1954; No. 246 September 8, 1955; No. 250 May 17, 1956; No. 254 April 11, 1957; No. 256 September 12, 1957; No. 297 October 30, 1969; No. 300 August 14, 1969; No. 303 August 14, 1969; No. 306 April 9, 1970; No. 309 April 22, 1971; No. 310 June 10, 1971; No. 311 June 10, 1971; No. 317 May 11, 1972; No. 320 August 14, 1972; No. 321 August 14, 1972; No. 322 October 12, 1972.
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ARTICLE II. CITY GOVERNMENT Section 2.01. Establishment of City Government. The corporate governmental powers of the City of Thomson shall be vested in a mayor and five councilmen to be known as the Mayor and Council of the City of Thomson. 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 Thomson. 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, and must have been a bona fide resident of the City of Thomson 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. Positions on the Council shall be numbered Post No. 1 through Post No. 5, respectively, and a candidate shall designate by number that Post on the Council for which he offers for election at the time of his qualification. On the 1st Wednesday in December, 1974, a general election shall be held for Post No. 1, Post No. 3, and Post No. 5. The candidate for each post receiving a plurality of the votes cast in said election shall be declared elected as councilman for that post for which he qualified and shall serve an initial term of two years. On the 1st Wednesday in December, 1976, and on the same date every four years thereafter, a general election shall be held for Post No. 1, Post No. 3, and Post
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No. 5, 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 and shall serve for a term of four years. On the 1st Wednesday in December, 1974, and on the same date every four years thereafter, a general election shall be held for Mayor and for Post No. 2 and Post No. 4, and the candidate receiving a majority 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 and shall serve for a term of four years. In instances where no candidate for mayor receives a majority of the votes cast at the election held on the 1st Wednesday in December, a run-off election shall be held between the two candidates receiving the highest number of votes in such election. Said run-off election shall be held on the 3rd Wednesday in December. The candidate for Mayor receiving a majority of the votes cast in such run-off election shall be declared the winner. Section 2.04. Terms of Office. The terms of office for Mayor and councilmen shall begin on the 2nd Thursday in January following their respective election, and shall continue for four years and until their successors are elected and qualified, except as provided in section 2.03 hereof. 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 an oath or an affidavit by the mayor,
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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 Code Section 26-2402, 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 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. 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 members, which may include three councilmen and the mayor or mayor pro tem, shall constitute a quorum. The council may adopt rules and by-laws, by ordinance, 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.
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Section 2.06. Mayor as Presiding Officer. The Mayor shall preside at meetings of the Council; shall have the right to vote in the matter of the election or appointment of all City Officers or employees, but on all other matters 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 30 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 to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 2.07. Mayor Pro Tem. At the first regular meeting, and after the newly elected councilmen have taken office following each regular election, the council shall elect from its membership a mayor pro tem for a term of two years. Upon the council's failure to elect a mayor pro tem at said first regular meeting, 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
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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 for 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 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 Code Title 34A, the Georgia Municipal Election Code, as it now exists or may hereafter be amended, so long as the vacancy occurs at least six (6) months prior to the regular expiration date of the term. If the vacancy occurs within six (6) 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.
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Section 2.09. Compensation and Expenses. The salary of the mayor shall be $1800.00 per annum, and the salary of each councilman shall be $750.00 per annum. Each councilman and the mayor, when authorized by the mayor and council, and upon the 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 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 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 duties as may be required by the council or mayor. The mayor and council shall require the clerk-treasurer, before entering upon the 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 $25,000, said bond payable to the City of Thomson, 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 least three members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record
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book used solely for this purpose. 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 and adopted until it shall have been read at two consecutive meetings not less than seven days apart, and one of which readings must be at a regular monthly meeting. 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 officers, 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
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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; and shall advise the council, mayor, and other officers and employees of the city, concerning legal aspects of the city's affairs. Said city attorney shall be paid an annual salary to be fixed by the Mayor and Council not to exceed the salary paid a Councilman, and in addition shall be paid reasonable compensation, as may be agreed upon between the Mayor and Council, for all extraordinary legal services rendered. Section 3.04. Oath of Office. Before a person takes any office in the city government, he shall take the following oath or affirmation before an officer of the State authorized to administer oaths: 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 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 Thomson, 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. Any Council member, other than the mayor, who runs for the office of mayor must resign from the council prior to qualifying to run for said office of mayor. Section 3.06. Suspension by Mayor. All officers and employees of the City shall, at all times, be subject to suspension for cause by the mayor, in his discretion, but such suspension shall be reported within ten (10) days to the city
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council for action on their part, and unless such charges by the mayor be sustained by said council, the suspended officer or employee shall be reinstated. Section 3.07. Suspension, Removal from Office, Authority of City Council. All officers and employees of the city shall, at all times, be subject to the jurisdiction of the city council and amenable to its discipline, and said city council, in their discretion and without a hearing, shall have the power to suspend or remove, with or without pay, any of said officers or employees by a majority vote of the whole body for any cause that may seem just and proper. Section 3.08. 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 a proposed operating budget for the next fiscal year to the council, showing separately for the general funds, each utility, and each other fund the following:
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(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 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. 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 before a date fixed by the Council but not later than forty-five days prior to the beginning of each fiscal year, the
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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 the 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 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 shall have the power and authority to sell, lease, trade or convey any property of the city for such consideration as the mayor and council shall deem equitable and just for the city, as follows: (a) Any personal property which the mayor and council may deem to be obsolete, surplus, or unusable and having a fair market value not exceeding $500.00 as determined by the council, may be sold and conveyed by the mayor and council at any time without any advertisement, or with such advertisement as they may deem necessary. Any personal property having a fair market value exceeding $500.00 shall be advertised in order to be sold and shall be advertised
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and sold in the same way and manner as provided in paragraph (b) of this section for the sale of real property. Personal property traded-in on property of a like kind need not be advertised in order to be traded. (b) Any real property which the Mayor and Council may deem to be of no use to the city may be sold at public out-cry before the courthouse door in McDuffie County between the legal hours of sale to the highest bidder, under such terms as the mayor and council may feel to be proper, after advertisement in the McDuffie Progress for not less than two weeks nor more than four weeks, immediately preceding the date fixed for the sale, in the discretion of the mayor and council. After such sale the mayor and council shall have one hour within which to reject the high bid, and declare the sale to be void and of no effect, if they deem said bid to be insufficient to cover the value of said real property. (c) The foregoing provisions shall not apply to any real property which has been or may be hereafter given or conveyed to the City of Thomson by the State of Georgia or any of its agencies. As to any property which has been or may be conveyed to the City of Thomson by the State of Georgia or any of its agencies, the Mayor and Council shall have the right and authority to cede, grant, sell, convey, or give such property to any agency of the State, Federal, or county governments if such real property, in the discretion of the mayor and council, is of no use to the city, and the city stands to benefit by any such conveyance. 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 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
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revenues and expeditures 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 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 become past due or delinquent if not paid on or before December 20th, of each year. The council may provide by ordinance 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, 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 hereafter be provided by general law. Section 4.11. Tax Levy. 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 any other public purposes as determined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. Said City is hereby authorized to levy taxes in excess of the limits prescribed by Georgia Code sections 92-4101 through 92-4104 and the City of Thomson is hereby exempted from the provisions of Georgia Code section 92-4101 through 92-4104, inclusive.
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Section 4.12. Tax Due Date and Tax Bills. 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 may 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 and 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; and 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 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 Thomson 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
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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 cost, 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 may 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. The regular elections for mayor and councilmen shall be held on the 1st Wednesday in December of even numbered years. Officials elected at any regular election shall take office on the 2nd Thursday 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
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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. His notice of candidacy shall be accompanied by such qualification fee, if any, as may be required by ordinance. Section 5.03. Qualification of Electors. Any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of the City of Thomson for at least 90 days next preceding the election in which he desires to vote, shall be qualified to register as an elector in any city election held under this charter. Section 5.04. Applicability of General Laws. Except as otherwise provided by this charter, the election of all officials of the City of Thomson 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 Code Title 34A, the Georgia Municipal Election Code, as it now exists or may hereafter be amended. Whenever any time period established by said Code Title is altered so as to change or supersede any time period provided herein, it shall be considered that said periods herein shall be correspondingly changed so as to avoid any conflict between this charter and the general law. Section 5.05. Time of Election. Polls. 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 Code section 34A-604, as it now exists or may hereafter be amended. Section 5.07. Voter Registration. In all elections held in the City of Thomson, whether special or general elections, the
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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 Thomson, 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 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 Thomson 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
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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 McDuffie 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 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 Thomson 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 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
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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 Thomson 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 Thomson. 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 McDuffie 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. An appeal to the Superior Court shall be a de novo proceeding. Section 6.05. Court Cost. In all cases in the recorder's court of the City of Thomson 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 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 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 recorder's court and in
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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 employed in the operation of the superior courts under the general laws of the State of Georgia. ARTICLE VII. SEVERABILITY Section 7.01. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. ARTICLE VIII. REPEALER Section 8.01. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce in the 1973 Regular Session of the General Assembly of Georgia a local bill to create a new Charter for the City of Thomson. The 11th day of December, 1972. /s/ Preston B. Lewis, Jr. Representative, 77th District /s/ J. Roy McCracken Representative, 77th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston Lewis who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following dates: December 14, 21, 28, 1972 and January 4, 1973. /s/ Preston Lewis Representative, 77th District Sworn to and subscribed before me, this 15th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 18, 1976. Approved March 15, 1973.
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FULTON COUNTYCRIMINAL COURTCOMPENSATION OF SOLICITORS PROVIDED. No. 50 (Senate Bill No. 33). An Act to fix the salary of the First Assistant Solicitor and the Assistant Solicitors of the Criminal Court of Fulton County; to provide the procedures connected therewith; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provisions to the contrary in previous laws, the annual compensation of the First Assistant Solicitor of the Criminal Court of Fulton County for his services as such shall be $22,000.00 per annum. First Assistant Solicitor. Section 2. Notwithstanding any other provisions of law to the contrary, the annual compensation of the Assistant Solicitors of the Criminal Court of Fulton County shall be not less than $12,000.00 per annum and and not more than $21,000.00 per annum, the amounts of such salaries between such limitations to be fixed by the Solicitor General of the Criminal Court of Fulton County. Assistant Solicitors. Section 3. The salaries provided for in sections 1 and 2 for said First Assistant Solicitor and said Assistant Solicitors 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. 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.
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Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to fix the annual salary of the First Assistant Solicitor of the Criminal Court of Fulton County at $22,000.00, and to fix the annual salaries of the Assistant Solicitors of said court within a limit of $12,000.00 to $21,000.00, the amount to be fixed by the Solicitor General of said court, and to increase the number of Assistant Solicitors from five to seven, and to provide that trials in said court by a jury be by six jurors from a panel of twelve jurors, instead of five jurors. This, the 13th day of December, 1972. Hinson McAuliffe Solicitor General Criminal Court of Fulton County 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 14, 21, 27 days of December, 1972, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 5th day of January, 1973. /s/ Mildred N. Lazenby, Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. (Seal). Approved March 16, 1973.
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FULTON COUNTYCRIMINAL COURTNEW ASSISTANT SOLICITORS AUTHORIZED. No. 51 (Senate Bill No. 34). An Act to authorize the Solicitor General of the Criminal Court of Fulton County to add two additional Assistant Solicitors to his staff of four Assistant Solicitors and one First Assistant Solicitor; to provide procedures connected therewith; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provisions of law to the contrary, the Solicitor General of the Criminal Court of Fulton County is hereby authorized to employ and add to his staff of four Assistant Solicitors and one First Assistant Solicitor, two additional Assistant Solicitors on a full time basis. Additional Assistant Solicitors. Section 2. Said two Assistant Solicitors shall serve at the pleasure of the Solicitor General of the Criminal Court of Fulton County. Section 3. The salaries of said two additional Assistant Solicitors shall be fixed by the Solicitor General of the Criminal Court of Fulton County within the limits as fixed by law for Assistant Solicitors of the Criminal Court of Fulton County and shall be paid from funds of Fulton County in monthly installments or at such other times as the fiscal authorities of Fulton County shall direct. Salaries. 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.
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Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to fix the annual salary of the First Assistant Solicitor of the Criminal Court of Fulton County at $22,000.00, and to fix the annual salaries of the Assistant Solicitors of said court within a limit of $12,000.00 to $21,000.00, the amount to be fixed by the Solicitor General of said court and to increase the number of Assistant Solicitors from five to seven, and to provide that trials in said court by a jury be by six jurors from a panel of twelve jurors, instead of five jurors. This, the 13th day of December, 1972. Hinson McAuliffe Solicitor General Criminal Court of Fulton County 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 14, 21, 27 days of December, 1972, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 5th day of January, 1973. /s/ Mildred N. Lazenby, Notary Public, Georgia, State at Large. My Commission Expires Oct. 15, 1975. Approved March 16, 1973.
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CITY OF ATLANTABOARD OF EDUCATION REORGANIZED, ETC. No. 52 (Senate Bill No. 49). An Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the Atlanta school system; to provide for the officials and employees of the Atlanta school system; to provide their qualifications, oath, powers and duties; to provide for their compensation and terms of office; to provide for the administration of said school system; to provide for the election and removal of the officers thereof; to provide for finance and fiscal matters; to provide for educational services; to provide for the election of first officials; to provide for severability; to provide for the date when provisions thereof shall become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I BOARD OF EDUCATION Section 1-101. Composition; Term of Office. Section 1-102. Qualifications. Section 1-103. Oath of Office and Penalty for Violation. Section 1-104. Elections. Section 1-105. Vacancies. Section 1-106. Officers; Compensation. Section 1-107. Powers, Duties and Responsibilities. Section 1-108. Rules; Meetings. Section 1-109. Performance Contracts. Section 1-110. Publication of Performance Levels and Expenditures.
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Section 1-111. Supervision and Government of Schools. Section 1-112. Use of Public Buildings. Section 1-113. Conflict of Interest. Section 1-114. Changes in Compensation. Section 1-115. Recall Elections. Section 1-116. Forfeiture of Office and Suspension. ARTICLE I BOARD OF EDUCATION Section 1-101. Composition; Term of Office. The Atlanta Board of Education (hereinafter referred to as the Board) shall be composed of nine (9) members of whom three (3) members shall be elected citywide from the City of Atlanta and six (6) members shall be elected from districts as provided in Section 1-104. Their term shall be four (4) years, commencing on the first Monday in January of 1974 and quadrennially thereafter, and they shall serve until their successors have taken office. The Board shall elect a President and a Vice President as provided in section 1-106. Section 1-102. Qualifications. (a) To qualify for election as a Board member, a person must be: (1) At least twenty-one years of age; and (2) A resident of the City for at least one year and of the Board District for at least six months from which he seeks to qualify. (b) To hold office as a Board member, a person: (1) Must continue to reside in the same Board district or districts from which elected; (2) Must not hold any position of full-time employment with the Atlanta school system; and
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(3) Must not hold any other elective public office or hold any position of full-time employment with any county or city of the State of Georgia. Section 1-103. Oath of Office and Penalty for Violation. (a) The oath to be taken and subscribed by the members of the Board before entering upon the duties of their office shall be as follows: I swear (or affirm) that I will faithfully and impartially demean myself as a member of the Atlanta Board of Education, during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly, expressly or impliedly, promised my vote or support to any person for any office in the City school system of Atlanta, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to a position in the City school system to be influenced by fear, favor, or affection, reward or hope thereof, but in all things pertaining to my said office, I will be governed by what is my conviction for the public good. I further swear that I will uphold and support the Constitution and laws of the United States and of the State of Georgia. (b) Any member of the Board found guilty of violating any of the provisions of the above oath, upon a fair and impartial trial before the Board, by majority vote of its entire membership, shall be forthwith expelled from office, and forever disqualified thereafter from holding any position of honor, trust or emolument connected with the City school system of Atlanta or the City government of Atlanta. Section 1-104. Elections. (a) Except as otherwise provided by this Act, regular and special elections under this Article shall be deemed as elections in a municipal corporation to fill municipal offices and shall be conducted in accordance with all requirements and procedures of an Act of the General Assembly entitled the Georgia Municipal Election Code, approved April 4, 1968 (Ga. L. 1968, p. 885), as now or hereafter amended. The initial and regular elections under this Act shall be held at the same time as the initial and regular City elections under the Atlanta City Charter.
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(b) The entire electorate of the City shall be entitled to vote in elections for three at-large Board members, who shall reside respectively in Board district Nos. 1 or 2, 3 or 4, 5 or 6. The entire electorate of each Board district shall be entitled to vote for the election of a district Board member, elected solely from that Board district. The six Board districts shall be composed respectively of contiguous paired Council districts of the City as provided in Appendix I hereof, which is made a part hereof by reference. A numbered seat shall be designated for each at-large position and each district position on the Board. The person receiving the majority of the votes cast for each position shall be elected. (c) If any elected officer of the City school system qualifies for a municipal, county, State or Federal office, except to succeed himself, he shall resign his present office and such office shall be vacant on the date of said qualification. Section 1-105. Vacancies. In the event the office of Board member shall become vacant by reason of death, resignation or otherwise as provided by law, the Council of the City shall, within thirty (30) days after the occurrence of the vacancy call a special election in accordance with Section 34A-704 of the Georgia Code to fill the balance of the unexpired term of such office by giving notice thereof in one or more newspapers of general circulation within the City; except, if a regular election for the office of a Board member is to be held within two (2) years after the date that such vacancy occurs, the vacancy shall be filled within thirty (30) days after the occurrence thereof by the remaining members of the Board. Any person elected or appointed shall at his first regular meeting take an oath as provided in section 1-103. Section 1-106. Officers; Organization; Compensation. (a) At the first regular meeting in January of the Board following each regular election, a judge of the Superior Court shall administer the oath of office to the members of the Board. The Board shall elect annually at its first meeting in January a President and Vice President from its membership, who shall serve for a term of one year and until their
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successors have taken office. Any further internal organization of the Board shall be provided for by its rules. (b) The President of the Board shall receive an annual salary of five thousand dollars ($5,000). The Vice President of the Board shall receive an annual salary of four thousand, six hundred dollars ($4,600). All other voting members of the Board shall receive an annual salary of four thousand, four hundred dollars ($4,400). Section 1-107. Powers, Duties and Responsibilities. The Board shall: (1) Maintain a system of public schools as provided by law. (2) Provide free textbooks for all grades. (3) Establish rules and regulations for the employment and termination by the Board of all employees. (4) Provide for central purchasing of all school needs. (5) Establish rules and regulations for notice and hearing, conducted in accordance with procedures of due process, in any case of suspension of a student for longer than five school days or expulsion from school. (6) Hear appeals from actions of the Superintendent of Schools and other personnel. (7) Approve the budgets for the Atlanta public school system, and provide for the levy of a tax for educational purposes as prescribed in Section 2-105. (8) Assign students to schools and school districts. (9) Exercise all lawful powers of boards of education. (10) Exercise all other powers, duties and responsibilities provided by law.
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Section 1-108. Rules; Meetings. The rules of the Board shall provide for the time and place of holding regular meetings at least twice monthly. All meetings of the Board and any of its committees shall be open to attendance by the public as provided by law, and any citizen shall have reasonable access to the records and minutes thereof. Said minutes shall include a synopsis of the discussion on every question coming before the Board and any of its committees and the vote upon such question by each member present. The Board shall promulgate rules for the procedure by which members of the public shall be heard on matters pending before it. The Board shall provide for the continuous updating, revision, codification and printing of all rules, copies of which shall be made available to the public at reasonable cost. Section 1-109. Performance Contracts. The Board shall be empowered to enter into contracts with any person, firm, corporation or governmental unit or agency thereof for the performance of educational services or the use of educational facilities. Section 1-110. Publication of Performance Levels and Expenditures. (a) Whenever comprehensive reading examinations or other performance tests are administered to students, parents and guardians may obtain reports of their child's or ward's performance. (b) All such test scores and performance summaries thereof, except the names of students, shall be a public record. (c) The performance level of each school, according to a recognized method or methods of testing, shall be determined on at least an annual basis and shall be a public record. (d) The Board shall have published annually in a newspaper of general circulation in the City of Atlanta the total expenditures per student in each school and the performance of each school as provided in this Section. Section 1-111. Supervision and Government of Schools. There shall be a Superintendent of Schools, appointed by the Board for a term of four years and he shall serve until
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his successor has taken office. He shall exercise such powers and duties as may be conferred upon him by the Board. Except as otherwise provided in this Act, the Board as provided by its rules, shall have exclusive control over the Superintendent of Schools and all officers, teachers and employees of the Atlanta public school system, and shall have the exclusive supervision of the government of the schools free and independent of any existing or future ordinances of the Council of the City not relating to pensions. Section 1-112. Use of Public Buildings. It shall be the duty of the Board to make available for voting purposes all public buildings under its jurisdiction which may be needed or required for such purpose on all election days, including DeKalb County elections held in the City of Atlanta portion of DeKalb County. The Board shall promulgate rules for other public uses of school buildings. Section 1-113. Conflict of Interest. Except as otherwise provided by general law, no elected official, appointed officer or employee of the Atlanta school system or any office, department or agency thereof shall knowingly: (1) Engage in any business or transaction with, or have a financial or other personal interest, direct or indirect, in the affairs of the school system, except through a procedure employing sealed bids; (2) Engage in or accept private employment or render services for private interests when such employment or service is in conflict 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) Use information concerning the property, government or affairs of the school system or any office, department or agency thereof to advance the financial or other private interest of himself or others; (4) Represent private interests in any action or proceeding against the school system or any office, department or agency thereof;
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(5) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he has a financial interest. Section 1-114. Changes in Compensation. To the extent allowable by law, the Board may by resolution change the annual salary of Board members provided that each Board member, other than the President and Vice President, shall receive the same salary and that no change in the salary of Board members shall become effective until the date the commencement of terms of Board members elected at the next regular election following such change. Any such change shall be approved at least six months prior to the end of the current term of office. Section 1-115. Recall Elections. (a) Any Board member shall be subject to removal from office at a recall election in the manner provided in this Chapter. (b) A recall of an incumbent of an elective office shall be initiated upon a written request to that effect signed by at least twenty-five (25%) per cent of the registered voters eligible to vote for such office in the last preceding general election. The Board shall prescribe rules and regulations governing the initiation and preparation of such written request and the procedures for holding the recall election. (c) If at such election a majority of the registered voters voting in such recall election approve the recall of an incumbent, upon certification of the results of the election, the office shall be vacant. If a majority of the registered voters voting in a recall election shall disapprove the recall of an incumbent, he shall remain in office. Section 1-116. Forfeiture of Office and Suspension. (a) Any Board member shall forfeit his office and it shall be vacant upon final conviction of, or the entering of a plea of guilty for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office; or for failure at any time to possess any of the qualifications of office as provided by this Act or by law. The unexpired term of office shall be filled as provided in this Act.
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(b) Whenever a Board member shall be indicted for a crime involving moral turpitude, a felony or other crime involving malfeasance or misfeasance while in office he shall be automatically suspended from office without pay until final conviction, acquittal, or other disposition of the charges against him. Immediately thereafter, unless he has been convicted or pleaded guilty, he shall be reinstated in office and shall receive all compensation withheld during his suspension; otherwise, his office shall be vacant. ARTICLE II FINANCE Chapter 1. General Provisions Section 2-101. Comptroller. Section 2-102. Funds Transmitted to Board. Section 2-103. Loans for Operating Expenses. Section 2-104. Independent Post Audit. Section 2-105. Tax for Educational Purposes. Section 2-106. Additional Sources of Revenue. Chapter 2. Budget Section 2-201. Budget Commission; Fiscal Year; Preparation of Budget. Section 2-202. Distribution, Filing and Publication of Budget. Section 2-203. Hearings; Adoption; Publication; Certification. Section 2-204. Changes in Budget. Section 2-205. Unlawful Obligations Void.
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ARTICLE II FINANCE Chapter 1. General Provisions Section 2-101. Comptroller. (a) The Board shall elect a Comptroller at its regular meeting in May, 1976, and each four years thereafter. He shall hold office for a term of four years from July 1 following his election, and until his successor has taken office. The Board may fill any vacancy which occurs in the office of Comptroller for the unexpired term. The Comptroller shall give bond set and approved by the Board, conditioned for the faithful performance of his duties, and the cost for such bond shall be paid by the Board. The Comptroller shall be paid such salary as the Board shall approve. (b) The Comptroller shall be the chief fiscal officer of the Board and he shall possess such qualifications as determined by the Board. He shall pass upon all warrants or claims presented to him for payment and shall be entitled to require evidence that the amount claimed is justly due, and for that purpose may summon before him any officer or employee of the Board or any other person, in justification of such claims. Section 2-102. Funds Transmitted to Board. The Council of the City of Atlanta shall, according to procedures established by ordinance, transmit to the Board the ad valorem taxes as collected by the City for the support and maintenance of education, less the direct cost of collection including the amount of any interest and sinking fund charges on outstanding general obligation bonds and all other funds received by the City for the public schools thereof, to be used in maintaining and expanding the public school system. Section 2-103. Loans for Operating Expenses. The Council of the City of Atlanta shall, according to procedures established by ordinance, negotiate loans when requested to do so by the Board, to supply deficiencies in current operating
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expenses of the Board, during any year, in such amounts as may be determined by the Board, not to exceed seventyfive per cent of the anticipated tax revenue for the year, levied for school purposes. The City of Atlanta may advance to the Board from available funds such amounts as may be required in lieu of borrowing the money. A sum sufficient to repay the loans and advances, together with the interest thereon, shall be deducted by the City of Atlanta from ad valorem taxes levied and collected for the Board during the year in which the loan shall have been negotiated. Section 2-104. Independent Post Audit. (a) The Board shall provide for an annual independent audit of accounts and other evidences of financial transactions of the City of Atlanta public school system, including its offices, departments, and other agencies. The audit shall be made by a certified public accountant or certified public accounting firm whose members have no pecuniary, financial or personal interest directly or indirectly, in the fiscal affairs of any governmental agency of the City of Atlanta. (b) The audit may be conducted on a quarterly or continuing basis and shall be completed as soon after the fiscal year as practicable, and in no event later than six (6) months after the close of the fiscal year. (c) The audit and the opinion and recommendations of those conducting such audit shall be available to the public at actual printing cost; provided however, a copy thereof shall be made available for inspection at no charge. (d) A special audit or examination of any office, department, or other agency of the school system may be ordered by the Board at any time. (e) A summary of the financial statement from the audit or audits shall be published in one or more newspapers of general circulation within the City of Atlanta and sent to the Grand Juries of Fulton County and DeKalb County then in session, to the Atlanta Public Library and to the State Auditor.
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Section 2-105. Tax for Educational Purposes. There shall be assessed, levied and collected an annual ad valorem tax for the support of public schools and for educational purposes, at the millage rate determined by the Board to be billed and collected as other ad valorem taxes are billed and collected in accordance with the Atlanta City Charter, the basis for the billing and collection of such tax to be the millage as set forth in an annual written request signed by the President of the Board and filed with the Council, together with a certified copy of the Board's Budget, the format and time of annual filing of such request to be the only action by the Council of the City necessary to levy such tax annually. All revenue derived from such school and educational ad valorem tax shall be paid into the treasury of the City and shall be remitted monthly to the Board free from any charge except the direct cost of collecting such tax. Section 2-106. Additional Sources of Revenue. In the event any additional source or sources of revenue shall be authorized by law for educational purposes, the Board shall have the power, as the case may be, to recommend or provide for the lawful collection and appropriation of such revenues for the use of the Atlanta public school system. Chapter 2. Budget Section 2-201. Budget Commission: Fiscal Year; Preparation of Budget. (a) The Budget Commission of the Board shall consist of the President of the Board, Chairman of the Finance Committee of the Board and two other members of the Board, to be nominated each year by the President of the Board and elected by the Board. The Comptroller and Superintendent of Schools shall serve as ex officio members of the Budget Commission. (b) The Budget Commission shall: (1) Annually prepare and file with the Board for submission to the Superintendent of Schools the budget revenue anticipations for the Atlanta school system; provided that
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such anticipations shall not exceed 99% of the normal revenue collected during the previous year, with the following exceptions: (a) the normal revenue which the Board may be expected to collect from the taxable property in newly annexed territory may be anticipated, (b) collections from tax executions on real estate and on personal property and choses in action owned by the Board may be anticipated; provided, that revenues from such anticipations shall not exceed 85% of tax executions on real estate and 50% of tax executions on personal property not more than three (3) years old and choses in action certified solvent and collectible by the Director of Finance of the City of Atlanta. There may also be added to such anticipation an amount equal to an average per pupil cost to reflect costs of any additional enrollment, and in addition any amount available for the next fiscal year from the recommended tax levy, from surplus, from the State Board of Education, or other like source, and when the actual amount of such funds is known the budget may be adjusted accordingly. Normal revenue shall include recurring income, but not proceeds from sales of real estate or from insurance thereon, or from other nonrecurring revenue. When such revenue anticipations have been filed, they shall be binding upon the Board without any action of approval or disapproval. (2) Allocate a sum sufficient to provide for debt service, including sinking fund and interest on bonded indebtedness, and any other appropriations required by law, which sum shall not be diverted to any other purpose. (3) In the event the income of the Atlanta school system should be decreased by law, either by Act of the General Assembly or the Board it shall be the duty of the Budget Commission to immediately adjust the budget revenue anticipations to comply with such decreased revenue. In the event of an increase in the tax rate, or if any other charges should be changed by law, the Budget Commission may revise the budget revenue anticipations, and adjust the budget revenue anticipations accordingly. (4) In the event the Board receives any money, income or revenue from any extraordinary source, either by sale of its
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property, gift, grant or otherwise, which has not been considered in the preparation of the budget revenue anticipations or other normal revenue in excess of appropriations, the Budget Commission shall have the right to allocate immediately such increased revenue for lawful purposes. However, in the preparation of the budget for the next year no such extraordinary revenue shall be considered as a part of the normal revenue of the Board. (5) If at any time during any year, the expenditures exceed the revenues collected and a deficit be created, it shall be the duty of the Budget Commission before appropriating any other sum for any purpose other than the interest and sinking fund on bonded indebtedness, to appropriate a sufficient sum to immediately discharge any deficit which has accrued during the preceding year. (c) The members of the Budget Commission shall be personally liable for the over-anticipation of receipts. (d) The fiscal year shall begin and end as provided by law. (e) The Superintendent of Schools shall prepare the budget. In doing so he shall obtain or cause to be obtained from the Comptroller and the various subordinate officers of the Board estimates of expenditures for matters within their jurisdiction in sufficient detail to prepare a program budget based on performance standards, and other supporting data as may be necessary or proper. The Budget Commission shall review, revise and submit the budget to the Board. The budget submitted by the Commission shall provide a complete financial plan for all operations of the City public school system and shall be a program budget based on performance standards. Section 2-202. Distribution, Filing and Publication of Budget. The budget shall be filed in the office of the Superintendent. The proposed budget and all supporting data shall be open to inspection at the offices of the Superintendent and Comptroller, and copies shall be made available to any members of the public at actual cost.
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Section 2-203. Hearings; Adoption; Publication; Certification. The Board shall meet to hear anyone desiring to be heard on the budget under its rules and regulations. Following such hearing it shall tentatively adopt the budget to cover the entire fiscal year. After tentative adoption, a budget summary shall be published in a newspaper of general circulation in Atlanta, Georgia, and a copy certified by the Budget Commission shall be filed in the office of the Superintendent and in the office of the Comptroller. At the next regular meeting subsequent to advertisement of the budget, the Board shall adopt a final budget as required by law, a copy of which shall be submitted to the Grand Juries of Fulton and DeKalb Counties then in session, the Council of the City of Atlanta, the Atlanta Public Library, and the State Auditor. Section 2-204. Changes in Budget. The budget shall not be changed during the fiscal year except in the manner provided herein. Any action to revise the budget shall be taken only at a regular public meeting. The Board shall not transfer and reallocate outstanding obligations to any other purpose until such obligations are paid, but it may transfer and reallocate all other funds lawfully anticipated. Should anticipated income be changed by law or by a change in the tax rate or in the assessed value of property subject to taxation, or by increased or decreased appropriation from the State Board of Education or other revenue source, the Budget Commission shall, within a period of fifteen (15) days after receipt of such information, certify to the Board the amount of the new budget for the balance of the fiscal year, and the Board, upon certification by the Budget Commission, shall at its next regular meeting adjust anticipated income accordingly, and revise the budget as it may then determine to accord with the anticipated income as thus certified to it. Section 2-205. Unlawful Obligations Void. The Board shall incur no obligation in excess of the annual budget and such other special appropriations as may be lawfully made, and shall incur no liability except as authorized by such budget or appropriation. Any such liabilities attempted to be incurred shall be void in law and equity.
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ARTICLE III PERSONNEL Section 3-101. Civil Service. Section 3-102. Discrimination Prohibited. Section 3-103. Civil Service Board. Section 3-104. Credit Preference. ARTICLE III PERSONNEL Section 3-101. Civil Service. (a) The Board shall establish a system of civil service. The system shall cover all noncertificated employees of the Board and its departments and other agencies except (1) elected officials, (2) the Superintendent of Schools, deputy superintendents, and assistant superintendents, (3) directors of departments, (4) independent contractors, and (5) temporary employees. (b) The Board shall adopt civil service rules and regulations to govern the classification of positions, the manner and method of publicizing vacancies, employing, appointing, and dismissing personnel, the terms, conditions and benefits of employment, retirement policy, grievance procedures, and any other measures that promote the hiring and retaining of capable, diligent, honest career employees; provided that said rules and regulations shall be uniform throughout the system. Section 3-102. Discrimination Prohibited. It shall be the policy of the Board and its departments and other agencies that all personnel matters shall be determined solely on the basis of merit and qualification, without respect to race, color, religion, sex, national origin, or political affiliation. Section 3-103. Civil Service Board. (a) There shall be a Civil Service Board, consisting of five members, appointed
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by the Board to six-year staggered terms of office as specified by resolution of the Board. Three members shall constitute a quorum. The members shall annually elect one of their number as chairman. The Board may suspend or remove Civil Service Board members for cause. (b) The Civil Service Board, under rules of procedure which it shall establish, shall: (1) Hold its meetings in the central offices of the Atlanta school system; (2) Hold regular meetings at least once quarterly; (3) Review and in its discretion recommend amendments to the civil service rules and regulations of the Atlanta school system; (4) Hear employee grievances and appeals with notice, right to counsel and other procedures of due process; the decisions of the Civil Service Board shall be binding on the Board but shall be subject to judicial review; (5) Make investigations requested by the Board or on its own motion; (6) Keep minutes of its meetings and such other records as it may deem necessary; (7) Hear any matter referred thereto by the Board; and (8) Conduct such other business as shall be authorized by the Board or by law. Section 3-104. Credit Preference. All residents of the City of Atlanta shall receive a credit preference of five per cent (5%) on their employment examination scores for employment as noncertificated personnel with the Atlanta school system; provided, however, the cumulative preference as provided by law and this Act shall not exceed ten per cent (10%) on their employment examinations.
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ARTICLE IV INTERIM AND GENERAL PROVISIONS Section 4-101. Officials and Officers. Section 4-102. Existing Rules and Regulations Continued in Effect. Section 4-103. Contracts and Obligations. Section 4-104. Existing Rights and Interests. Section 4-105. Section Captions. Section 4-106. Effect of Repeals. Section 4-107. Severability of Sections, Etc. Section 4-108. Effective Date. Section 4-109. Continuation of Independent School System. Section 4-110. Repeal of Conflicting Laws. ARTICLE IV INTERIM AND GENERAL PROVISIONS Section 4-101. Officials and Officers. The current terms of office of all elected and appointed officials and officers of the Atlanta school system and its agencies, serving on the effective date of this Act, shall not be diminished and shall continue in full force and effect. Section 4-102. Existing Rules and Regulations Continued in Effect. Existing rules and regulations of the Atlanta Board of Education, its departments and agencies, not inconsistent with the provisions of this Charter, shall be effective as rules and regulations of the Board, its departments and agencies respectively until they have been repealed, modified or amended. Section 4-103. Contracts and Obligations. All contracts, orders, leases, bonds and other obligations or instruments
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entered into by the Atlanta Board of Education or for its benefit prior to the effective date of this Act shall continue in effect according to the terms thereof, as obligations and rights of the Board. Section 4-104. Existing Rights and Interests. (a) Any rights or interests, public or private, vested in whole or in part on the effective date of this Act, whose validity might be sustained or preserved by reference to any provisions of law repealed by this Act, shall not be affected by this Act. This subsection shall not apply to any right or interest in any elective public office not conferred by this Act. (b) Any rights or interests, public or private, derived from, or which might be sustained or preserved in reliance upon, action taken pursuant to or within the scope of any provision of law repealed by this Act, shall not be affected by this Act. (c) The provisions of an Act of the General Assembly approved March 28, 1961 (Ga. L. 1961, p. 2619), as amended, pertaining to emeritus department heads shall apply to department heads in office as of December 31, 1972, to the extent that they qualify for emeritus department heads status. None of the provisions of said Act shall apply to any new department heads appointed or elected after December 31, 1972. Section 4-105. Section Captions. The captions to the several sections of this Act are informative only and are not to be construed as a part thereof. Section 4-106. Effect of Repeals. No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing Act, or by any provision of this Act that disclaims an intention to repeal or affect enumerated laws. Section 4-107. Severability of Sections, Etc. If any Section, subsection, paragraph, sentence, clause, phrase or word of this Act, or the application thereof to any person or circumstance, should be declared invalid for any reason whatsoever,
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such decision shall not affect the remaining portions or any applications of this Act, which shall remain in full force and effect; and to this end the provisions of this Act and the applications thereof are hereby declared to be severable. Section 4-108. Effective Date. The provisions of section 1-104 of this Act shall take effect, for purposes of electing the initial Board members, upon approval of this Act by the Governor or upon its becoming law without his approval. For all other purposes the provisions of this Act shall take effect at 12:01 a.m. on the first Monday in January of 1974. Section 4-109. Continuation of Independent School System; Contingent upon City Charter Approval; Construction. The provisions of this Act continue the Atlanta Board of Education and the Atlanta Independent School System as herein reorganized. The provisions of this Act shall be deemed a part of the Act creating a new Charter for the City of Atlanta, as adopted by the General Assembly of Georgia during its 1973 Session and approved as provided by law. This Act shall become effective as law only in the event of the adoption and approval of an Act to create a new Charter for the City of Atlanta by the General Assembly of Georgia during the 1973 regular Session and its approval as provided by law. Section 4-110. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Act are hereby repealed. APPENDIX I EDUCATION DISTRICTS The education districts (Board districts) of the City of Atlanta shall each consist of two contiguous Council districts of the City as follows: Education District No. 1Council Districts No. 1 and 2. Education District No. 2Council Districts No. 3 and 4.
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Education District No. 3Council Districts No. 5 and 6. Education District No. 4Council Districts No. 7 and 8. Education District No. 5Council Districts No. 9 and 10. Education District No. 6Council Districts No. 11 and 12. Notice of Intention to Apply for the Passage of Local Bills. Notice is hereby given that the passage of the following local bills will be applied for at the regular 1973 Session of the General Assembly of Georgia: (1) A bill to establish a new Charter for the City of Atlanta, Georgia, repealing and replacing an Act of the General Assembly of Georgia approved February 28, 1874, entitled, An Act establishing a new Charter for the City of Atlanta, and the several Acts amendatory thereof, and for other purposes. (2) A bill to revise comprehensively the present laws governing the independent school system of the City of Atlanta and for other purposes. This 14th day of December, 1972. Grace Hamilton Representative, 112th District Georgia, Fulton County. Before the undersigned official duly authorized to administer oaths personally appeared Paul D. Coverdell who, on oath, deposes and says that he is the Senator from the 40th Senatorial District, and that the attached copy of Notice of Intention to Apply for the Passage of Local Bills
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was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 15, 22, 29, 1972 and January 5, 1973. /s/ Paul D. Coverdell Senator, 40th District Sworn to and subscribed before me, this 11th day of January, 1973. /s/ Yvonne Redding, Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1975. Approved March 16, 1973. CITY OF ATLANTAREINCORPORATED. No. 53 (Senate Bill No. 50). An Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb; to create a new charter for said city; to provide a bill of rights therefor; to provide the name, powers and corporate limits of said city; to provide for the government of said city; to provide for the officials and employees thereof; to provide for their qualifications, oath, powers and duties; to provide for their compensation and terms of office; to provide for the organization and administration of said city; to provide for the election and removal of city officers; to provide for a municipal court; to provide for finance and fiscal matters; to provide for municipal services and regulatory functions; to provide for election of first officials; to provide for severability; to provide for the date when provisions thereof shall become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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BILL OF RIGHTS The Council, Mayor and all departments of government of the City of Atlanta shall be guided by the provisions of this Bill of Rights: 1. Religion and Conscience. The City of Atlanta shall not interfere with the freedom of each person in the City to follow the dictates of his own conscience concerning religious worship, nor shall the City support any religion. 2. Speech, Assembly and Press. The City of Atlanta shall not interfere with the rights of freedom of speech, of freedom of the press, to petition the government, or of peaceable assembly. 3. Unreasonable Searches and Seizures. The City of Atlanta shall not authorize any unreasonable search or seizure. 4. Nondiscrimination. The City of Atlanta shall not, directly or indirectly, discriminate among persons because of race, religion, sex, or national origin. 5. Environmental Protection. The City of Atlanta shall promote the right of the people to clean air, pure water, freedom from excessive and unnecessary noise, and the natural, scenic, historic and aesthetic qualities of the environment. ARTICLE I NAME, POWERS, BOUNDARIES Section 1-101. Name. Section 1-102. Powers. Section 1-103. Legislative Powers. Section 1-104. Executive Powers. Section 1-105. Boundaries.
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ARTICLE I NAME, POWERS, BOUNDARIES Section 1-101. Name. The name of the City shall be the City of Atlanta which shall be a municipal corporation of the State of Georgia with perpetual duration. Section 1-102. Powers. (a) The City of Atlanta (hereinafter at times referred to as the City) shall be the legal continuation of and successor to said City as heretofore incorporated; may contract and be contracted with; may sue and be sued, and plead and be impleaded in all courts of law and equity and in all action whatsoever, and do all other acts relating to its corporate capacity; may purchase, lease or otherwise acquire such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, lease, sell or dispose of any such property; and shall have and use an official seal. (b) The City shall have all powers now vested in the City and now or hereafter granted to municipal corporations by the laws of Georgia, and in addition shall have all powers enumerated in Appendix I of this Charter which is hereby incorporated herein by reference. (c) The City shall have all powers necessary and proper to promote the safety, health, peace and general welfare of the City and of its inhabitants. Section 1-103. Legislative Powers. (a) All legislative powers of the City are hereby vested in the Council (hereinafter at times referred to as the governing body) of the City of Atlanta. The power to levy, assess and provide for the collection of all taxes and fees authorized to be levied, assessed and collected by the City of Atlanta by general law and this Charter shall be vested in the Council of the City of Atlanta. (b) The Council shall adopt and provide for the execution of such ordinances, resolutions and rules, not inconsistent
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with this Charter as shall be necessary or proper for the purpose of carrying into effect the powers and duties conferred by this Charter and may enforce all ordinances by imposing penalties and fines for the violation thereof not to exceed a $500 fine or six months imprisonment, or both. Section 1-104. Executive Powers. All executive and administrative powers of the City are hereby vested in the Mayor and such other administrative officers, departments and agencies created or continued by this Charter or now or hereafter established by ordinance. Section 1-105. Boundaries. The corporate boundaries of the City shall be the same as those of the City of Atlanta as provided by law and existing on the effective date of this Charter, or as hereafter lawfully changed. The Clerk of Council shall maintain a current map and written legal description indicating the boundaries and Council districts of the City. ARTICLE II LEGISLATIVE Chapter 1. The Council Section 2-101. Composition, Election, Term of Office. Section 2-102. Qualifications. Section 2-103. Oath of Office and Penalty for Violation. Section 2-104. Compensation. Section 2-105. Conflict of Interest. Chapter 2. President of the Council Section 2-201. Election; Term. Section 2-202. Qualifications.
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Section 2-203. Compensation. Section 2-204. Powers and Duties. Chapter 3. Organization, Rules, Officers and Employees Section 2-301. Organizational Meeting. Section 2-302. Rules and Quorum. Section 2-303. Meetings. Section 2-304. Clerk of Council. Section 2-305. Staff of the Council. Section 2-306. Succession to Offices of Mayor and President of the Council. Section 2-307. Changes in Compensation. Chapter 4. Procedures of Council Section 2-401. Form of Legislation. Section 2-402. Introduction, Consideration and Passage of Legislation. Section 2-403. Submission to MayorMayor's Veto. Section 2-404. Codes of Technical Regulations. Section 2-405. Codification and Printing. Section 2-406. Hearings and Investigations. Section 2-407. Initiative and Referendum. ARTICLE II LEGISLATIVE Chapter 1. The Council Section 2-101. Composition, Election, Term of Office. There shall be an eighteen member Council, elected as provided
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in this Charter for a term of four (4) years commencing on the first Monday in January of 1974 and quadrennially thereafter, and its members shall serve until their successors have taken office. Section 2-102. Qualifications. (a) To qualify for election as a Council member, a person: (1) Must be at least twenty-one years of age; (2) Must be a resident of the City for at least one year and of the Council district for at least six months from which he seeks to qualify; (3) Must be a qualified elector of the City; and (4) Must not be a full-time non-elected employee of the City. (b) To hold office as a Council member, a person: (1) Must continue to posses the qualifications prescribed in Section 2-102 (a); and (2) Must, if elected from one Council district, continue to reside in the same Council District from which elected; and (3) Must not hold or qualify for any other elective public office, or hold any position of full-time employment with the State of Georgia, any county thereof, or with the City. (c) The Council shall be the judge of the qualifications of its members. Section 2-103. Oath of Office and Penalty for Violation. (a) The oath to be taken and subscribed by the members of the Council including the President of Council before entering upon the duties of their office, shall be as follows: I swear (or affirm) that I will faithfully and impartially demean myself as Council member, during my continuance in office. I have not, in order to influence my election to this
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office, directly or indirectly, expressly or impliedly, promised my vote or support to any person for any office in the City government of Atlanta, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to a position in the City government to be influenced by fear, favor, or affection, reward or hope thereof, but in all things pertaining to my said office, I will be governed by what is my conviction for the public good. I further swear that I will uphold and support the Constitution and laws of the United States and of the State of Georgia. (b) Any member of the Council including the President, found guilty of violating any of the provisions of the above oath, upon a fair and impartial trial before the Council, by majority vote of its entire membership, shall be forthwith expelled from office, and forever disqualified thereafter from holding any position of honor, trust or emolument connected with the City government of Atlanta. Section 2-104. Compensation. The compensation for the office of Council member shall be $8,800 per annum. Section 2-105. Conflict of Interest. Except as otherwise provided by general law, no elected official, appointed officer or employee of the City or any office, department or agency thereof shall knowingly: (1) Engage in any business or transaction with, or have a financial or other personal interest, direct or indirect, in the affairs of the City, except through a procedure employing sealed bids; (2) Engage in or accept private employment or render services for private interests when such employment or service is in conflict 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) Use information concerning the property, government or affairs of the City or any office, department or agency thereof to advance the financial or other private interest of himself or others;
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(4) Represent private interests in any action or proceeding against the City or any office, department or agency thereof; (5) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he has a financial interest. Chapter 2. President of the Council Section 2-201. Election; Term. The President of the Council shall be elected from the City at-large for a term of four (4) years commencing on the first Monday in January of 1974 and quadrennially thereafter, and he shall serve until his successor has taken office. Section 2-202. Qualifications. (a) To qualify for election as President of the Council, a person: (1) Must be at least twenty-five years of age; (2) Must be a resident of the City for at least two years; (3) Must be a qualified elector of the City; and (4) Must not be a full-time non-elected employee of the City. (b) To hold office as President of the Council, a person: (1) Must continue to possess the qualifications prescribed in section 2-202 (a); and (2) Must not hold or qualify for any other elective public office, or hold any position of full-time employment with the State of Georgia, any county thereof, or with the City. Section 2-203. Compensation. The compensation for the office of President of the Council shall be $10,000 per annum.
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Section 2-204. Powers and Duties. The President of the Council: (a) shall preside at meetings of the Council, but shall not be a member of that body; (b) shall vote only in the case of a tie vote of the Council; (c) shall appoint the members and chairmen of such committees as may be established by the Council pursuant to its rules, and fill vacancies therein, provided any such appointments shall be subject to rejection by a majority vote of the total membership of the Council; and the President of the Council shall not be a member of any of said committees; (d) shall exercise all powers and discharge all duties of the Mayor in the case of a vacancy in the office of Mayor or during the disability of the Mayor; (e) shall be authorized to compel the attendance of Council members by subpoena, subject to the rules of the Council; (f) shall have such further powers and perform such other duties consistent with law as may be provided by ordinance or resolution of the Council; but shall have no power to introduce ordinances or resolutions, or speak to any pending matter before the Council. Chapter 3. Organization, Rules, Officers and Employees Section 2-301. Organizational Meeting and Oath of Office. The Council shall meet for organization in the Council Chamber on the first Monday in January following each regular election, or, if such Monday be a legal holiday, then on the next following day not a legal holiday. A judge of the Superior Court shall administer the oath of office to the Mayor, and the Mayor or any official authorized to administer oaths may administer the oath of office to each Council member and to the President of the Council.
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Section 2-302. Rules and Quorum. The Council shall by ordinance adopt and publish rules to govern its proceedings and transaction of business. A majority of the Council members, excluding the President, shall constitute a quorum. The Council may by ordinance provide methods to compel the attendance of its members and to punish for the violation thereof. The vote of a majority of the Council members present shall be required for passage of ordinances and resolutions, except as otherwise provided by law. Section 2-303. Meetings. The Rules of the Council shall provide for the time and place of holding regular meetings, which shall be held at least twice each month on the first and third Monday (or if such Monday be a legal holiday, then on the next following day not a legal holiday), and for the calling of special meetings. All meetings of the Council and of its committees shall be open for attendance by the public as provided by law, and any citizen shall have access to the minutes and records thereof at reasonable times. Section 2-304. Clerk of Council. (a) The Council shall appoint a Clerk of Council who shall not be a member thereof. The Clerk of Council shall be appointed for a term of four years and until his successor has taken office. (b) The Clerk of Council shall be the custodian of the official seal and of all records and documents of the City which are not assigned to the custody of some other officer. The Clerk, or his delegate, shall keep the rules of the Council and the minutes of the proceedings of the Council, maintain a current and comprehensive index of all ordinances and resolutions, publish notice that ordinances have been proposed for adoption under rules prescribed by the Council, and perform such other duties as may be assigned by this Charter or by ordinance. (c) The Clerk of Council shall occupy the same status as a Department Director and enjoy all the rights and benefits thereto including Emeritus status. Section 2-305. Staff of the Council. (a) The Council shall be authorized to employ subject to civil service rules such
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employees as may be necessary for the proper discharge of its functions; provided, that no such employees shall serve as staff for individual members of the Council. Adequate facilities and office space for such staff shall be provided. Said staff shall be within the civil service system of the City. (b) The Council may employ an auditor, who shall be a certified public accountant, solely responsible to the Council. Section 2-306. Succession to Offices of Mayor and President of the Council. The Council shall by ordinance establish a line of succession to the office of Mayor beyond that specified in this Charter and a line of succession to the office of President of the Council. Section 2-307. Changes in Compensation. To the extent allowable by law, the Council may by ordinance change the annual salary of the Mayor, of the President of the Council or of Council members, provided that each Council member shall receive the same salary and that no change in the salary of the Mayor, of the President of the Council or of Council members shall become effective until the date of the commencement of terms of the Mayor, President of the Council and Council members elected at the next regular election following such changes. Any such change shall be approved at least six months prior to the end of the current term of office. Chapter 4. Procedures of Council Section 2-401. Form of Legislation. Every official act of the Council having the force and effect of law shall be by ordinance; all other actions may take such form as determined by rules or resolutions of the Council. Section 2-402. Introduction, Consideration and Passage of Legislation. (a) No ordinance shall be adopted on the same date on which it is introduced, provided that this prohibition shall not apply to any ordinances relating to the authorization, sale, and issuance of bonds including general
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obligation bonds, revenue bonds, and special assessment bonds. (b) Any member of the Council shall have the right to require the yeas and nays to be recorded on the minutes in all cases. (c) Any one member of the Council may give notice of a motion to reconsider any vote, resolution or ordinance having for its object the increase of the indebtedness of the City, or the expenditure of its moneys, or authorizing the sale of any part of the public property of the City, or the granting of any franchise where the streets or public alleys are to be used for any purpose in the prosecution of the business of the applicant seeking the franchise, which notice shall operate to delay the question until such motion can be acted upon at the next regular or special meeting. Section 2-403. Submission to Mayor Mayor's Veto. Every ordinance or resolution adopted by the Council shall be signed by the President of the Council, certified by the Clerk of Council and presented to the Mayor's office within two (2) calendar days following its adoption. The Mayor shall approve or veto the ordinance or resolution within eight (8) calendar days after adoption, and no ordinance or resolution shall become effective without his approval except as herein provided. If the Mayor vetoes an ordinance or resolution, he shall within two (2) business days of such veto return it to the Council accompanied by a written statement of the reasons for his veto. If the Council shall pass the ordinance or resolution by a vote of two-thirds of its total membership at the meeting next held after the ordinance or resolution has been returned with the Mayor's veto, it shall become law without his approval. In the event the Mayor does not approve or veto the ordinance or resolution within the time required, it shall become law without his approval. The Mayor may veto any item or items of any ordinance or resolution making appropriations; the part or parts of any ordinance or resolution making an appropriation not vetoed shall become law, and the part or parts vetoed shall not become law unless passed by the Council over the
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Mayor's veto as provided herein with respect to the passage of a vetoed ordinance or resolution. Section 2-404. Codes of Technical Regulations. The Council shall be authorized to adopt any standard code of technical regulations by reference thereto in an adopting ordinance. Section 2-405. Codification and Printing. The Council shall provide for the continuous updating, revision, codification and printing of all ordinances of general application, copies of which shall be made available to the public at reasonable cost. Section 2-406. Hearings and Investigations. The Council, or any committee composed entirely of Council members to which such power is specifically granted by the Council, shall be authorized to conduct hearings and investigations of the operation and affairs of the City or of any office, department or agency thereof, and for such purpose the Council or said designated committee thereof shall have the power by subpoena to compel the attendance of witnesses and the production of documents and other evidence at any meeting thereof. Section 2-407. Initiative and Referendum. The Council shall by ordinance prescribe procedures to govern the initiation, adoption, and repeal of ordinances by the electorate, and the Council shall authorize an initiative or referendum election on petition of at least 15% of the registered voters qualified to vote in the preceding general municipal election. ARTICLE III EXECUTIVE Chapter 1. The Mayor Section 3-101. Election; Term. Section 3-102. Qualifications.
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Section 3-103. Oath of Office and Penalty for Violation. Section 3-104. Compensation. Section 3-105. Powers and Duties. Section 3-106. Delegation of Powers and Duties. Chapter 2. Chief Administrative Officer Section 3-201. Appointment, Qualifications, Compensation. Section 3-202. Powers and Duties. Chapter 3. City Departments Section 3-301. General. Section 3-302. Administrative Reorganization. Section 3-303. City Attorney. Section 3-304. Director of Finance. Chapter 4. Boards and Commissions Section 3-401. General. Chapter 5. Personnel Section 3-501. Civil Service. Section 3-502. Discrimination Prohibited. Section 3-503. Civil Service Board. Section 3-504. Credit Preference. Section 3-505. Temporary Employment of Persons Retired Under Pension Laws. Section 3-506. Compulsory Retirement: Policemen and Firemen.
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Chapter 6. Planning Section 3-601. Comprehensive Development Plan. Section 3-602. Five Year Development Plan. Section 3-603. Implementation; Updating and Revision. ARTICLE III EXECUTIVE Chapter 1. The Mayor Section 3-101. Election; Term. The Mayor shall be elected from the City at-large for a term of four (4) years commencing on the first Monday in January of 1974 and quadrennially thereafter, and he shall serve until his successor has taken office. Any Mayor who has been elected for two (2) consecutive four-year terms under the provisions of this Charter shall not be eligible to be elected for the succeeding term. Section 3-102. Qualifications. (a) To qualify for election as Mayor, a person: (1) Must be at least twenty-five years of age; (2) Must be a resident of the City for at least two years; (3) Must be a qualified elector of the City; and (4) Must not be a full-time non-elected employee of the City. (b) To hold office as Mayor, a person: (1) Must continue to possess the qualifications prescribed in section 3-102 (a); and (2) Must not hold or qualify for any other elective office, or position of full-time employment with the State of Georgia, any county thereof, or with the City.
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Section 3-103. Oath of Office and Penalty for Violation. (a) The oath to be taken and subscribed by the Mayor before entering upon the duties of his office, shall be as follows: I swear (or affirm) that I will faithfully and impartially demean myself as Mayor, during my continuance in office. I have not, in order to influence my election to this office, directly or indirectly, expressly or impliedly, promised my vote or support to any person for any office in the City government of Atlanta, nor for any other office. I will not knowingly permit my vote in the election or appointment of any person to a position in the City government to be influenced by fear, favor or affection, reward or hope thereof, but in all things pertaining to my said office, I will be governed by what is my conviction for the public good. I further swear that I will uphold and support the Constitution and laws of the United States and of the State of Georgia. (b) If the Mayor is found guilty of violating any of the provisions of the above oath, upon a fair and impartial trial before the Council by a majority vote of its entire membership, he shall forthwith be expelled from office, and forever disqualified thereafter from holding any position of honor, trust or emolument connected with the City government of Atlanta. Section 3-104. Compensation. The compensation for the office of Mayor shall be $40,000.00 per annum. Section 3-105. Powers and Duties. The Mayor shall be the chief executive officer of the City and he shall have the power and it shall be his duty to: (1) Execute and enforce the provisions of this Charter, the ordinances of this City and the laws of this State; (2) Appoint all directors of departments of the City with the confirmation of the Council, and remove or suspend any directors of departments in accordance with the provisions of this Charter;
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(3) Direct and supervise the administration of all departments of the City; (4) Prepare periodically, but not less than annually, and submit to the Council for approval, a comprehensive development policy which shall consider the City's physical, economic and social aspects and state the goals and objectives of Atlanta and its citizens and the necessary recommendations, policies, plans, programs, and priorities for attaining them; (5) Submit to the Council the recommended annual budget prepared by the Appropriations Committee as provided in section 6-302 of this Charter; (6) Approve or veto proposed ordinances and resolutions as provided in this Charter; (7) Convene special meetings of the Council at his discretion; (8) At his discretion, conduct studies and make investigations and reports to the Council concerning the operations of departments, offices, and agencies of the City, and require any department, board, commission or agency under his jurisdiction to submit written reports and information; (9) Prescribe, require, publish, and implement standards of administrative, management and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities and other agencies of the City subject to his supervision and jurisdiction; (10) Advise the Council as to the financial condition, future needs, and general welfare of the City and make such recommendations to the Council concerning the affairs of the City as he deems desirable; (11) When authorized by the Council, negotiate deeds, bonds, contracts, and other instruments and documents on
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behalf of the City and execute same after final approval by the Council; (12) Represent the City in affairs of intergovernmental relations, promote and improve the government of the City, encourage the growth of the City and promote and develop the prosperity and social well-being of its people; (13) At his discretion, initiate such administrative reorganization within City government as he may deem desirable in accordance with this Charter, and as provided in section 3-302 (b); (14) Perform such duties as may be required by law, and in his discretion to perform such other duties as may be authorized by law. Section 3-106. Delegation of Powers and Duties. The Mayor is hereby authorized to delegate the direction and supervision of the administration of all or any departments of the City to the Chief Administrative Officer as the Mayor may deem desirable; provided, that any such duties delegated by the Mayor shall be exercised under the supervision and direction of the Mayor; provided further, that in no event shall such delegation include the power to approve or veto ordinances or resolutions, convene meetings of the Council, serve as Acting Mayor, remove directors of departments or amend budgets. Chapter 2. Chief Administrative Officer Section 3-201. Appointment, Qualifications, Compensation. The Mayor shall appoint an officer whose title shall be Chief Administrative Officer. The appointment and removal of the Chief Administrative Officer shall be governed by the provisions of Section 3-301 (d) that relate to the appointment and removal of directors of departments. His compensation shall be fixed by the Council. Section 3-202. Powers and Duties. The Chief Administrative Officer shall have the following powers and duties:
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(a) To advise and assist the Mayor in the performance of his duties; (b) To coordinate, review, and advise the Mayor regarding the activities of the various departments, bureaus, boards, commissions, authorities and other agencies of the City and make or cause to be made investigations and studies of the organization and procedures thereof and to require such reports therefrom as he deems necessary; (c) To provide liaison, coordination and communications between and among City departments and agencies and the various agencies of the Federal, State and local governments and other public and private agencies concerning the affairs of the City; (d) To provide direction on participation in Federal and State grant-in-aid programs, monitoring and evaluation of grant contract programs, and communication of program policies and priorities; (e) To conduct research and make information available to the Mayor, Council and the various departments, offices and agencies of the City; (f) To attend, in his discretion, meetings of the Council and its committees and to make available such information as may be requested; and (g) To perform all other duties as may be lawfully delegated to him by the Mayor. Chapter 3. City Departments Section 3-301. General. (a) Except where another meaning is clearly intended, the word department in this Charter shall mean any agency in the executive and administrative branch of the City government. The departments of the City shall be created and established by ordinance, and the departments shall be responsible for the performance of the functions and services enumerated therein.
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(b) The operations and responsibilities of such departments shall be distributed among such divisions, or bureaus and shall consist of such officers, employees and positions as may be authorized by ordinance. (c) There shall be a director of each department who shall be the principal officer thereof. Each director shall, subject to the direction and supervision of the Mayor, be responsible for the administration and direction of the affairs and operations of his department and shall exercise general management and control thereof. (d) All directors of departments under the supervision and direction of the Mayor shall be nominated by the Mayor with the confirmation of the Council by a majority vote of its total membership and they shall serve for a term of four years and until their successors have taken office and all present directors of departments serving under appointment of the Mayor shall continue to serve until the expiration of their present term of office as now provided by law on the effective date of this Charter. The Mayor shall be authorized to suspend and/or remove directors of departments during their term of office but any removal shall not become effective for a period of twenty-one (21) calendar days following the date of the Mayor's giving of written notice of such action and the reasons therefor to said director with a copy thereof to the Council; provided that said director may appeal to the Council whereupon he shall be tried by the Council, which may override the Mayor's action by a majority vote of its total membership within thirty (30) days following receipt of said notice by the Council; otherwise, said director shall be deemed to be removed from office. (e) Vacancies occurring in an appointive office shall be filled for the unexpired term in the same manner as prescribed by this Charter for original appointments. (f) The directors of departments and other appointed officers shall be appointed solely on the basis of their respective executive, administrative and professional qualifications which shall be prescribed by ordinance.
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(g) The compensation of appointed officers and directors of departments shall be fixed by the Council. (h) The Mayor may initiate or create additional departments subject to the provisions of this Charter, and approval by the Council. Section 3-302. Administrative Reorganization. (a) The Mayor, as chief executive of the City, is hereby empowered, subject to any limitations of this Charter, to initiate, direct and implement the reorganization of any department. (b) The Mayor shall prepare and sign a plan of reorganization of any department or departments and shall submit such plan to the Council. Any plan presented shall be in the form of a proposed ordinance and the Council shall by majority vote approve, modify or reject any such plan within sixty (60) days of its submission to the Council. No reorganization shall become effective until the Council has acted or sixty days have elapsed from the date of submission, whichever first occurs. (c) This section shall not be effective until two (2) years after the date of the adoption of the initial administrative organization as provided in Section 7-104 of this Charter. Section 3-303. City Attorney. (a) There shall be a City Attorney, who shall be appointed as provided in section 3-301 (d) of this Charter. He shall be an active member of the State Bar of Georgia in good standing, and shall have had at least seven (7) years' experience in the active practice of law. He shall be the Director of the Department of Law which shall be created by ordinance, and he shall perform such duties as shall be provided by this Charter or by ordinance. He shall be responsible to the Mayor and to the Council. (b) The City Attorney shall occupy the same status as a department head or director and enjoy all the rights and benefits thereto.
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(c) Neither the City Attorney nor any Assistant City Attorney shall directly or indirectly represent as attorney or counsellor at law any person or cause whose interests are in conflict with the interests of the City. Except as herein expressly prohibited, they shall be eligible to engage in the practice of law. Section 3-304. Director of Finance. (a) There shall be a Director of Finance, who shall be appointed as provided in Section 3-301 (d) of this Charter. He shall be the Director of the Department of Finance which shall be created by ordinance, and he shall perform such duties as shall be provided by this Charter or by ordinance. He shall be responsible to the Mayor and to the Council. (b) The Director of Finance shall occupy the same status as a department head or director and enjoy all the rights and benefits thereto. Chapter 4. Boards and Commissions Section 3-401. General. (a) As related to corporate, municipal, governmental or public purposes, and for the security of the peace, health and good government of the City, the Council shall have the authority to create commissions, councils or boards which shall perform duties prescribed by the Council, including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to needed ordinances and resolutions. (b) The Council shall have the authority to provide for the composition of such commissions, councils or boards, their periods of existence, and for the compensation of their members and employees, in whole or in part. The Council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members thereof in the performance of their official duties. The Council shall have the authority to annually appropriate and donate money, derived from taxation, contributions, or otherwise,
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for and to such commissions, councils and boards to provide for their operation, either in whole or in part. (c) All regular, full-time employees of commissions, councils or boards which have been previously created, or hereafter created by the Council shall be considered to be employees of the City. As such, they shall be entitled to all of the benefits and privileges as are other employees of the City, and shall be subject to all laws, ordinances and resolutions governing employees of the City; provided, however, such employees shall be within the unclassified service of the civil service unless the Council shall provide by ordinance for other terms and conditions of employment and personnel matters relating to such employees. No member of a board or commission shall be deemed an employee of the City under the provisions of this subsection. (d) Any vacancy in office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for original appointment. (e) No member of any board or commission shall assume office until he shall have executed and filed with the Clerk of Council an oath or affirmation obligating himself to faithfully and impartially perform the duties of his office, such oath or affirmation to be prescribed by ordinance and administered by the Mayor or the chairman of the board or commission. (f) Any member of a board or commission created by the Council may be removed from office for cause by a majority vote of the Council members present. (g) Each board and commission may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinances of the Council, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the Clerk of Council. (h) All boards and commissions and their employees shall comply with the budgetary procedures of the City as provided in this Charter.
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(i) The boards and commissions of the City, now or heretofore established by Acts of the General Assembly, and hereby continued on the effective date of this Charter, shall be: (1) Zoning Review Board (public hearings on amendments to the zoning ordinance). (2) Community Relations Commission (community relations). (3) Officers' and Employees' Pension Board of Trustees (general pensions). (4) Policemen's Pension Board of Trustees (police pensions). (5) Firemen's Pension Board of Trustees (fire pensions). (6) Joint City-County Board of Tax Assessors (tax assessments). (7) Library Board of Trustees (libraries). (8) Urban Design Commission (City improvements). (j) The functions of said boards and commissions shall be prescribed by ordinance, adopted by the Council and approved by the Mayor, provided that any boards and commissions named in this Charter which derive their powers from general law shall continue to exercise such powers. (k) The Mayor may initiate the creation of additional boards and commissions subject to the approval of the Council. Chapter 5. Personnel Section 3-501. Civil Service. (a) The Council shall establish by ordinance a system of civil service of the City, which shall be divided into a classified and an unclassified service. The
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classified and unclassified service shall cover the positions presently in the classified or unclassified service respectively on the effective date of this Charter, unless otherwise provided by ordinance and any such ordinance shall be adopted according to the home rule procedures of section 69-1017 (b) (1) of the Code of Georgia of 1933 as now or hereafter amended. The civil service system of the City shall not include employees of the Atlanta school system. (b) The Council shall adopt by ordinance civil service rules and regulations to govern the classification of positions, the manner and method of publicizing vacancies, employing and appointing and dismissing personnel, the qualifications of employees, the terms, conditions and benefits of employment, retirement policy, grievance procedures, and any other measures that promote the hiring and retaining of capable, diligent, honest career employees. Section 3-502. Discrimination Prohibited. It shall be the policy of the City, its departments and boards, that all personnel matters shall be determined solely on the basis of merit and qualification, without respect to race, color, religion, sex, national origin, or political affiliation. Section 3-503. Civil Service Board. (a) There shall be a Civil Service Board, consisting of five members, appointed by the Mayor with the consent of the Council to six-year staggered terms of office as specified by ordinance of the Council. Three members shall constitute a quorum. The members shall annually elect one of their number as Chairman. The Mayor may suspend or remove board members for cause, subject to the provisions for notice, trial, and the other provisions of section 3-301 (d). (b) The Board shall: (1) Hold its meetings in the City Hall; (2) Hold regular meetings at least once monthly; (3) Review, and in its discretion recommend amendments to, rules and regulations submitted thereto by the official responsible for personnel administration;
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(4) Hold hearings when requested by an employee on proposed demotions, suspensions, dismissals, or other such actions and shall have such powers to dispose of such cases as shall be provided by ordinance; (5) Make investigations requested by the Mayor or the Council or on its own motion; (6) Keep minutes of its meetings and such other records as it may deem necessary; (7) Establish guidelines for hearing any matters referred thereto by the official responsible for personnel administration, employees and employee organizations; and (8) Recommend improvements in the Civil Service System to the Council. Section 3-504. Credit Preference. All residents of the City of Atlanta shall receive a credit preference of five per cent (5%) on their employment examination scores for employment with the City; provided, however, the cumulative preference as provided by law and this Charter shall not exceed ten per cent (10%) on their employment examinations. Section 3-505. Temporary Employment of Persons Retired Under Pension Laws. The Mayor and Council may authorize the employment of any person who has theretofore retired under any of the pension laws, notwithstanding the age of such person, to render any special or particular service under contract, provided the employment is temporary and the necessity therefor is certified by the department head making the contract of employment. Such employees shall acquire no further pension or civil service rights by virtue of such temporary employment. Section 3-506. Compulsory Retirement: Policemen and Firemen. Each officer and employee of the Police Department and of the Fire Department, including the Chiefs of said Departments, shall retire at the end of the year following their sixty-fifth birthday.
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Chapter 6. Planning Section 3-601. Comprehensive Development Plan. The Mayor shall have a Comprehensive Development Plan of the City of Atlanta prepared and maintained to be used as a guide for the growth and development of the City and which will identify its present and planned physical, social and economic development. This plan shall: (1) set forth the comprehensive development goals, policies and objectives for both the entire City and for individual geographic areas and communities within the City, and (2) in conformance with such development goals, objectives and policies, identify the general location, character, and extent of streets and thoroughfares, parks, recreation facilities, sites for public buildings and structures, City and privately owned utilities, transportation systems and facilities, housing, community facilities, future land use for all classifications, and such other elements, features and policies as will provide for the improvement of the City over the next fifteen (15) years. Section 3-602. Five and One Year Development Plans. The Mayor shall have a Comprehensive Five Year Development Plan prepared which shall: (1) present a recommended generalized land use development pattern to guide the growth of the City over a succeeding five year period and (2) include the City's specific development goals and objectives based upon existing and projected demographic and socio-economic factors and public and private community facilities for the entire City and individual geographic areas and communities within the City, as related to the Comprehensive Development Plan and to regional plans. In addition, the Mayor shall have a one year development plan prepared that delineates the City's proposed land use development pattern for a succeeding twelve month period and is based upon the development goals and objectives specified in the City's five year development plan. Section 3-603. Implementation; Updating and Revision. (a) Prior to the preparation of each comprehensive development plan, the Mayor shall have hearings held in each Council District in such manner as the Council shall prescribe by ordinance. The Mayor shall submit to the Council such plans
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that will include a fifteen year, five year, and a one year Comprehensive Development Plan, along with a Comprehensive Zoning Plan for all properties within the City limits. These plans, updated each year, shall be submitted to the Council before its first regular meeting in January of each year. The Council shall conduct public hearings concerning such plans. Thereafter, the Council shall adopt such plans, after making any amendments or revisions thereto that the Council considers appropriate, but not later than the last regular Council meeting in February of each year. (b) The approved Comprehensive Development Plans shall be used as a guide for the preparation of the City's Capital Improvement Program and Capital Budget. (c) The Mayor shall maintain an up-to-date Zoning Map for all properties within the City limits. (d) Following the annual updating and adoption of the City's development plans, the Council shall amend the City's zoning ordinance to conform it to the updated development plans in accordance with procedures prescribed by general law. ARTICLE IV COURTS Section 4-101. Establishment; Designation. Section 4-102. Jurisdiction. Section 4-103. Appellate Review. Section 4-104. Judges; Selection; Qualifications; Term; Oath; Compensation; Vacancies. Section 4-105. Judges; Powers and Duties. Section 4-106. Removal of Judges.
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Section 4-107. Solicitor; Selection; Qualifications; Term; Oath; Compensation; Duties; Vacancies. Section 4-108. Public Defender; Selection; Qualifications; Term; Oath; Compensation; Duties; Vacancies. Section 4-109. Judges, Solicitors and Public Defenders Pro Hac Vice. Section 4-110. Personnel; Rules; Procedures. Section 4-111. Service of Process and Orders by City Police. Section 4-112. Codes of Ethics. ARTICLE IV COURTS Section 4-101. Establishment; Designation. Pursuant to the provisions of Article VI, Section I, of the Constitution of Georgia, as amended, there shall be in the City a court to be known as the Municipal Court of Atlanta, which shall have a minute book, and a seal of appropriate design prescribed by the Council. Section 4-102. Jurisdiction. The Court shall have jurisdiction coextensive with the territorial limits of the City of Atlanta, Georgia, to: (1) Try all offenses against the ordinances of the City of Atlanta, except those relating to and regulating traffic, and to impose such penalties for violation thereof as may be prescribed by ordinance; (2) Try, hear and abate nuisances as provided by the laws of this State;
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(3) Hear, try and determine as a committing court all warrants for the violation of any State law and, while acting under the authority of the laws of the State of Georgia, to bind over such persons to an appropriate higher court for the eventual trial of said case; and (4) Probate, revoke, amend, remit, modify, alter or suspend sentences imposed, provided that the Mayor may grant reprieves and pardons, commute penalties, and remit any part of a sentence following defendant's request therefor to the Court. Section 4-103. Appellate Review. The orders, verdicts, judgments and sentences of the Court shall be subject to appellate review, by writ of certiorari in the appropriate superior court, or as otherwise provided by general law. Section 4-104. Judges; Selection; Qualifications; Term; Oath; Compensation; Vacancies. (a) There shall be a chief judge of the Municipal Court. There shall be such number of associate judges as shall be provided by ordinance. The initial incumbents shall be the judges serving on the Municipal Court of Atlanta on the effective date of this Charter. The judges shall by a majority vote of their number elect the chief judge to serve at their pleasure. (b) To qualify for appointment as a judge of the Municipal Court after the effective date of this Charter, a person shall be at least twenty-five years of age, a resident of the City for at least six months, a member of the State Bar of Georgia, and a practicing attorney or judge for five years. To hold office as a judge after such appointment, a person shall continue to possess said qualifications and shall not hold or qualify for any other public office. (c) The judges shall serve for four year terms. (d) Before entering upon the duties of his office, each judge shall take and subscribe an oath, or affirmation before some officer authorized to administer oaths, faithfully to discharge the duties of the office.
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(e) The annual salary of the judges shall be fixed by the Council. (f) Judicial vacancies shall be filled for the unexpired term by appointment of the Mayor from a panel of three (3) members of the Georgia Bar in good standing nominated by a Judicial Commission. The Atlanta Bar Association and the Gate City Bar Association shall each appoint three of their members to said Commission, and the Mayor shall appoint two Atlanta citizens who are not attorneys to said Commission. All members of the Commission shall have resided in the City for at least 12 months. (g) Each judge desiring to remain in office for a succeeding term shall qualify in the office of the Clerk of Council not more than ninety (90), nor less than sixty (60) days prior to each regular general municipal election. In said election, a question shall be submitted to the electors of the City as to whether the judge or judges so declaring shall be retained in office. A separate question shall be submitted as to each judge. If a majority of those voting on such question vote to retain a judge in office, he shall have been elected for a succeeding term of four (4) years. If a majority of those voting on such question vote not to retain a judge in office, a vacancy shall exist upon the expiration of his term and shall be filled as provided in this Section. No judge so voted out of office shall be eligible for appointment to the Municipal Court for a period of four (4) years. (h) Any judge appointed to fill a vacancy shall not be required to run against his record until he has held office at last twelve (12) months, and in such event his term shall be extended until the end of the calendar year of the second general municipal election following the date of his appointment. Section 4-105. Judges; Powers and Duties. (a) The chief judge of the Court shall be responsible for the general superintendence of the business of the Court and shall preside at all meetings of the judges. He shall from time to time determine the number of divisions into which the Court shall be divided and he shall assign the associate judges to duty
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therein. He shall prescribe the hour for the opening of the various divisions of the Court and shall superintend the preparation of such calendars as he shall deem necessary and proper. He shall establish and supervise a system for keeping the records of the Court and shall require such report from the associate judges, solicitor, Clerk and other Court personnel as he shall deem necessary and proper. He shall perform such other duties as the Council shall require. (b) The judges shall have the same authority as judges of the superior courts to compel the production of books, papers and other evidence in the possession of any party, to enforce obedience to their orders and processes and to implement their orders, judgments and sentences. In addition, the provisions of general law are conferred upon such judges, insofar as applicable, in regard to witnesses and their attendance, subpoenas, procedures and practice and powers of courts, including, but not limited to, power to punish for contempt and to forfeit bonds. The judges and other officers of such court may administer all oaths pertaining to their respective offices as fully as the judges and corresponding officers of the superior courts. The judges may take affidavits and attest other papers in like manner as justices of the peace. The judges shall have such other powers and duties as shall be provided by ordinance. Section 4-106. Removal of Judges. (a) A judge of the Municipal Court shall forfeit his office and it shall be vacant upon final conviction of, or the entering of a plea of guilty for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office; or for failure at any time to possess any of the qualifications of office as provided by this Charter or by law. The unexpired term of office shall be filled as provided in this Charter. (b) Whenever a judge of the Municipal Court shall be indicted for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office, he shall be automatically suspended from office without pay until final conviction, acquittal, or other disposition of the charges against him. Immediately thereafter, unless he has been convicted or pleaded guilty, he shall be reinstated
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in office and shall receive all compensation withheld during his suspension; otherwise his office shall be vacant. Section 4-107. Solicitor; Selection; Qualification; Term; Oath; Compensation; Duties; Vacancies. (a) There shall be a solicitor of the Municipal Court of Atlanta. There shall be such assistant solicitors thereof as the Council shall provide by ordinance. The Mayor shall appoint the solicitor to a four year term from a panel of three nominess submitted by a Judicial Commission as provided in this Charter for the filling of judicial vacancies. The assistant solicitors shall be appointed by the solicitor to serve at his discretion. The solicitor and assistants shall be and remain members of the State Bar of Georgia. (b) Before entering the duties of their office, the solicitor and assistants shall take and subscribe an oath or affirmation before some officer authorized to administer oaths, faithfully to discharge the duties of the office. (c) The annual salary of the solicitor and assistants shall be fixed by the Council. (d) The solicitor and assistants shall perform such duties as shall be prescribed by ordinance. (e) Vacancies in the office of solicitor or assistant solicitor shall be filled for the unexpired term in the manner of original appointment. (f) During his incumbency the solicitor may not engage in the practice of law other than in the discharge of his duties; the assistant solicitors shall not engage in the practice of law before the Municipal Court except in the discharge of their duties. (g) The solicitor may be removed in accordance with the procedures provided in section 3-301 (d). Section 4-108. Public Defender; Selection; Qualifications; Term; Oath; Compensation; Duties; Vacancies. There shall be a public defender of the Municipal Court of
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Atlanta. There shall be such assistant public defenders thereof as the Council shall provide by ordinance. The provisions of this Charter relating to the appointment, term, qualifications, oath, vacancies, practice of law, and removal of the solicitor shall also apply to the public defender. The assistant public defenders shall be appointed by the public defender to serve at his discretion. The public defender and assistants shall perform such duties as shall be prescribed by ordinance. The provisions of this Chapter relating to the term, qualifications, oath, vacancies, practice of law and removal of the assistant solicitor shall also apply to the assistant public defenders. Section 4-109. Judges, Solicitors and Public Defenders Pro Hac Vice. (a) The Council shall determine the initial number of court officers pro hac vice. The chief judge shall appoint judges, solicitors and public defenders pro hac vice from panels of three nominees submitted by a Judicial Commission, as provided in this Charter for the filling of judicial vacancies. The qualifications for said appointees shall be the same as for judges, solicitors and public defenders, respectively, and they shall act in the event of emergency or necessity. (b) At such time that a judge pro hac vice, solicitor pro hac vice or public defender pro hac vice is needed by this Court for more than three-fourths of the working days of this Court in any six month period, an additional position of associate judge or assistant solicitor or public defender shall be established, subject to approval by majority vote of the Council. (c) Any judge of the City Court of Atlanta may preside in the Municipal Court of Atlanta as provided by ordinance, and when so presiding and acting as judge, have full power and authority in all matters pending in such Court. Section 4-110. Personnel; Rules; Procedures. (a) There shall be a Clerk of the Municipal Court, not subject to civil service, who shall be appointed by a majority vote of the total number of the judges thereof to serve at their pleasure.
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The Clerk shall have such powers and duties as shall be prescribed by ordinance. (b) The judges in conference shall employ subject to the City's civil service laws, regulations and rules such other employees and staff of the Court as shall be provided for by ordinance, and such employees and staff shall be within the civil service system of the City. (c) Criminal prosecutions in the Court may be instituted by summons, written information or accusation specifically setting forth the offense charged. Such information, accusation and summons may be signed by the solicitor or assistant solicitor or any member of the police department or such officers of the City as may be specifically authorized by ordinance. The judges of such Court may issue warrants either on their own knowledge or on information given under oath. Except in capital cases, they shall have the same power to fix bonds as judges of the Superior Courts. The Chief Judge shall provide for the terms and sessions of the Court. (d) All copies of documents and records of the Court certified by the Clerk under the seal of the Court shall be admissible in all proceedings in the same manner and to the same extent as documents bearing the certificate of the clerks of the Superior Courts of the State and the seals of such courts. (e) Except as provided in this Charter, none of the personnel of the Court shall: (1) Be employed by, members of, or under the jurisdiction of the police department. (2) Actively practice law before the Municipal Court, except in the discharge of their duties. Section 4-111. Service of Processes and Orders by City Police. The chief of police and members of the police department of this City and any employees of the Court designated by the judges, and such other officials or persons as authorized by law, shall have the authority to serve all processes
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and orders of this Court; in the absence of sufficient designated employees of the Court, members of the police department shall have the authority to serve as bailiffs or constables at the discretion of the Chief Judge. Section 4-112. Codes of Ethics. (a) The Code of Judicial Conduct, as adopted by the American Bar Association in August, 1972, shall govern the conduct of the judges of the Municipal Court. (b) The Code of Professional Responsibility, as adopted by the American Bar Association on August 12, 1969, shall govern the conduct of the solicitor, public defender, and their assistants, of the Municipal Court. (c) Said Codes are hereby incorporated herein by reference as if set out at length in this Section, and a copy thereof is on file in the office of the Clerk of Council. ARTICLE V ELECTIONS AND REMOVAL Chapter 1. Conduct of Elections Section 5-101. Applicability of General Laws. Section 5-102. Regular Elections; Time For Holding; Voting. Section 5-103. Special Elections; Filling of Vacancies. Section 5-104. Use of Public Buildings. Section 5-105. No Partisan Primaries; Candidates Listed Without Party Label.
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Chapter 2. Council Districts; Reapportionment Section 5-201. Council Districts. Section 5-202. Reapportionment of Council Districts. Chapter 3. Removal of Mayor and Council Members Section 5-301. Recall Elections. Section 5-302. Forfeiture of Office and Suspension. Section 5-303. Removal of Mayor For Inability to Serve. ARTICLE V ELECTIONS AND REMOVAL Section 5-101. Applicability of General Laws. Except as otherwise provided by this Charter, regular and special elections shall be conducted in accordance with provisions of an Act of the General Assembly entitled the Georgia Municipal Election Code, approved April 4, 1968, (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5-102. Regular Elections; Time for Holding; Voting. (a) The regular general election for electing the Mayor, President of the Council and all Council members of the City of Atlanta shall be held on the first Tuesday after the first Monday in October of 1973 and quadrennially thereafter. (b) The entire electorate of the City shall be entitled to vote in elections for Mayor, President of the Council and six at-large Council members who shall reside respectively in District No. 1 or 2, District No. 3 or 4, District No. 5 or 6, District No. 7 or 8, District No. 9 or 10, and District No. 11 or 12. The entire electorate of each Council district shall be entitled to vote for the election of a district Council member
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elected solely from that district. The person receiving the majority of the votes cast for each position shall be elected. Section 5-103. Special Elections; Filling of Vacancies. (a) In the event the office of Mayor, President of the Council, or Council member shall become vacany by reason of death, resignation or otherwise as provided by this Charter, the Council shall, within thirty (30) days after the occurrence of such vacancy, call a special election to fill the balance of the unexpired term of such office by giving notice thereof in one or more newspapers of general circulation within the City; except: (1) If a regular election for the office of Mayor is to be held within two (2) years after the date that a vacancy in the office of Mayor occurs, the President of the Council shall assume and discharge the powers and duties of the office of Mayor for the duration of the Mayor's unexpired term, and a President Pro Tem., elected in accordance with the rules of the Council, shall perform the duties of the President of the Council during such period. (2) If a regular election for the office of President of the Council is to be held within two (2) years after the date that a vacancy in the office of President of the Council occurs, the vacancy shall be filled by majority vote of the remaining members of the Council from the membership of the Council. (3) If a regular election for the office of Council member is to be held within two (2) years after the date that a vacancy in the office of Council member occurs, the remaining members of the Council shall by majority vote appoint a qualified person to fill the vacancy. (b) If any elected officer of the City qualifies for a municipal, county, State or Federal office, except to succeed himself, he shall resign his present office and such office shall be vacant on the date of said qualification. (c) In all other respects, every special election shall be held and conducted in accordance with applicable provisions of the Georgia Municipal Election Code.
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Section 5-104. Use of Public Buildings. It shall be the duty of the Council to make available for voting purposes all public buildings of the City which may be needed or required for such purpose on all election days. Section 5-105. No Partisan Primaries; Candidates Listed Without Party Label. No political party shall conduct primaries for the purpose of nominating candidates for municipal elections. In all municipal elections conducted by or for the City of Atlanta, the names of all candidates shall be listed upon the ballot without party label. Chapter 2. Council Districts; Reapportionment Section 5-201. Council Districts. The territory of the Council shall consist of twelve (12) Council districts to be designated respectively as Districts No. 1 through No. 12, and the boundaries of the initial Council districts shall be as specifically described and set forth in Appendix Two hereof. Section 5-202. Reapportionment of Council Districts. (a) The Council shall be required to reapportion the Council district boundaries not later than six (6) months prior to the general municipal election following publication of the official Federal decennial census of population. Every reapportionment of Council districts shall apply to the election of Council members to be elected at the next regular general municipal election next following its adoption. (b) The Council shall by ordinance reapportion the Council districts to comply with the following specifications: (1) Each Council district shall be formed of contiguous territory, and its boundary lines shall be the center lines of streets or other well-defined boundaries. (2) Such Council districts shall be as nearly equal in population as is practicable. (c) In addition to the requirement on reapportionment contained in subsection (a), the Mayor and Council shall
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have power to make changes in the Council district lines after the first Monday in January, 1974, whenever it is deemed advisable to contract or extend them, for the benefit of the citizens thereof, provided that the Council district lines when rearranged shall not include more than twelve districts and shall comply with the provisions of subsection (b). Chapter 3. Removal of Mayor and Council Members Section 5-301. Recall Elections: (a) Any person holding an elective office of the City shall be subject to removal from office at a recall election in the manner provided in this Chapter. (b) A recall of an incumbent of an elective office shall be initiated upon a written request to that effect signed by at least twenty-five (25%) per cent of the registered voters eligible to vote for such office in the last preceding general municipal election. The Council shall prescribe rules and regulations governing the initiation and preparation of such written request and the procedures for holding the recall election. (c) If at such election a majority of the registered voters voting in such recall election approve the recall of an incumbent, upon certification of the results of the election, the office shall be vacant. If a majority of the registered voters voting in a recall election shall disapprove the recall of an incumbent, he shall remain in office. Section 5-302. Forfeiture of Office and Suspension. (a) The Mayor, President of the Council or any Council member shall forfeit his office and it shall be vacant upon final conviction of, or the entering of a plea of guilty for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office; or for failure at any time to possess any of the qualifications of office as provided by this Charter or by law. The unexpired term of office shall be filled as provided in this Charter.
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(b) Whenever the Mayor, President of the Council or a Council member shall be indicted for a crime involving moral turpitude, a felony or other crime involving malfeaor misfeasance while in office he shall be automatically suspended from office without pay until final conviction, acquittal, or other disposition of the charges against him. Immediately thereafter, unless he has been convicted or has pleaded guilty, he shall be reinstated in office and shall receive all compensation withheld during his suspension; otherwise, his office shall be vacant. Section 5-303. Removal of Mayor For Inability to Serve. During the temporary inability of the Mayor to perform the duties of his office, the President of the Council shall serve as and shall have all the powers and duties of the Mayor, provided the Council shall by three-fourths ([frac34]'s) vote of the entire membership serving thereon certify such inability by resolution, which resolution shall become immediately effective without action by the Mayor. The Council shall determine by majority vote of its members when the Mayor is again able to perform the duties of his office. ARTICLE VI REVENUE AND FUND ADMINISTRATION Chapter 1. Revenue Section 6-101. General Power of Taxation. Section 6-102. Excise Taxes. Section 6-103. Assessment, Return and Collection of City Taxes. Section 6-104. Collection of Public Utility Taxes. Section 6-105. Fulton and DeKalb County Territory. Section 6-106. Exemptions. Section 6-107. No New Grant of Taxing Power.
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Chapter 2. Borrowing and Indebtedness Section 6-201. Bonds To Be Issued and Sold Under General State Laws. Section 6-202. Issuance of General Obligation Bonds. Section 6-203. Limitations Upon General Obligation Bonds. Section 6-204. Issuance of General Obligation Bonds Without Referendum. Section 6-205. Revenue Bonds. Section 6-206. Other Revenue Bonds. Section 6-207. Special Assessment Bonds. Section 6-208. Investment of Surplus Funds. Section 6-209. Registration, Transfer and Negotiation of Bonds. Section 6-210. Issuance of Registered Bonds in Lieu of Coupon Bonds. Chapter 3. Fiscal Control Section 6-301. Budget Commission. Section 6-302. Appropriations Committee. Section 6-303. Adoption of Budget. Section 6-304. Expenditure of Excess in Receipts Over Appropriations. Section 6-305. Budget Amendments. Section 6-306. Unlawful Obligations Void.
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Section 6-307. Appropriations for Charitable Purposes. Section 6-308. Authority of City to Contract with Commissions, Councils, Boards, etc. Section 6-309. Audit. Section 6-310. Accounting Systems. Section 6-311. Increase in Salaries. Section 6-312. Evidence of Justice of Claims. Chapter 4. Procurement and Disposition of Property Section 6-401. Contracting Procedures. Section 6-402. Purchasing Procedures. Section 6-403. Sale and Disposition of Property. ARTICLE VI REVENUE AND FISCAL ADMINISTRATION Chapter 1. Revenue Section 6-101. General Power of Taxation. (a) For the purpose of raising revenue for the support and maintenance of the City government and for other corporate purposes, the governing body shall have full power and authority to provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property, which, under the laws of this State, is subject to taxation within the corporate limits of the City. For the purpose of raising revenue for the payment of interest and principal on the bonded indebtedness of the City, the governing body shall have full power and authority to provide by ordinance for the assessment, levy and collection of an annual ad valorem tax on all real and personal property, which, under the laws
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of the state is subject to taxation within the corporate limits of the City, such an amount in millage as may be necessary to meet and pay all such obligations. (b) For the purpose of raising revenue for permanent improvements in the parks of the City, the governing body shall have full power and authority and it shall provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property, which under the laws of this State, is subject to taxation within the corporate limits of the City, one-half mill on each dollar of assessed valuation thereon, which tax, when collected, shall be used exclusively for permanent improvements of the zoo, golf courses, recreational and other park facilities of the City. In the event that any part of the tax so collected cannot be used in any one year, it may be invested in short term securities until such time as such improvements may be made. The tax provided for herein shall be in addition to all other taxes authorized by this Charter. (c) The tax authorized by the preceding subsection for permanent improvements in the parks of the City shall be used exclusively for permanent improvements of the zoo, golf course, recreational facilities and other park facilities of the City and shall not be expended in any manner for equipment or any other expense incident to the operation of the parks system of the City, it being the intention of the General Assembly that the term permanent improvements shall be strictly construed so as to exclude any other incidental expense. Any sums not used in any one year for such purpose shall be converted into a trust fund to be held and expended for such purpose in future years. One-half () of the one-half () mill tax may, at the discretion of the Council, be used for the purpose of constructing a stadium and related facilities in the City, or for the purpose of paying in whole, or in part, the obligation assumed by the City by contract now or hereafter entered into with any Authority now in existence or hereafter created which has agreed to construct a stadium and related facilities in the City.
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(d) No enumeration of any right, power or authority provided in this Charter shall be construed as limiting or abolishing any right, power or privilege herein set forth. (e) There shall be assessed, levied and collected an annual ad valorem tax for the support of public schools and for educational purposes, at the millage rate determined by the Atlanta Board of Education, to be billed and collected as other ad valorem taxes are billed and collected in accordance with this Charter, the basis for the billing and collection of such tax to be the millage as set forth in an annual written request signed by the President of said Board of Education, together with a certified copy of said Board's Budget and filed with the governing authority, the format and time of annual filing of such request to be the only action by the governing authority of the City necessary to levy such tax annually. All revenue derived from such school and educational ad valorem tax shall be paid into the treasury of the City and shall be remitted monthly to said Board of Education free from any charge except the direct cost of collecting such tax. (f) The governing body shall be authorized to assess, levy and impose taxes on lots and lot owners for sanitary purposes in such amount, rates or methods of assessment and taxation as it may in its discretion deem proper; provided further the governing body shall be authorized and empowered to collect such taxes by execution against the lot so assessed and the owner thereof and provide for the use of such proceeds. The amount so assessed shall be a lien on the lot from the date of the assessment. The governing body shall be authorized to prescribe what shall constitute a lot for sanitary purposes and assessment; provided, that assessment shall not be made on vacant lots, and resident lots shall not be subdivided for assessment except where they have two or more houses used or intended for use as separate tenements built upon them in which case a sanitary assessment may be levied against the lot for each house situated thereon. (g) The governing body shall be authorized in addition to making assessments for sanitary purposes, to charge fees for the collection, removal and/or disposal of all solid waste
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except body wastes, ashes, street cleanings, dead animals, abandoned automobiles, and market and industrial wastes, such fees to be charged against the owners, or when not owner-occupied, against the occupants, tenants or lessees of the premises from which the fee is collected, removed and/or disposed. The amount of such fees may depend upon the amount, weight or volume of collections and whether collected from residential, commercial, industrial or other property. Section 6-102. Excise Taxes. (a) Except as otherwise provided by general law, the governing body shall be authorized and empowered to classify businesses and arrange the various businesses, trades and professions carried on in the City into such classes of subjects for taxation as may be just and proper. (b) Except as otherwise provided by general law, the governing body shall have full power and authority to require any person, firm, corporation or company engaged in, prosecuting or carrying on, or that may engage in, prosecute or carry on any trade, business, calling, or profession, to register their names and business, calling, or profession annually, and to require such person, company or association to pay for such registration and for license to engage in, prosecute or carry on such business, calling or profession, such fee, charge or tax, as the governing body may deem expedient for the safety, benefit, convenience and advantage of the City. The tax, registration fee or license herein provided for, shall be imposed in the discretion of the governing body. The governing body shall also have power and authority to prescribe and collect fees for the issuing of business licenses or executions, either or both, and for the collection of executions. (c) The governing body shall be authorized to impose and collect license fees and taxes on life insurance companies as authorized by an Act of the General Assembly of Georgia approved February 20, 1964 (Ga. L. 1964, p. 122), as now or hereafter amended, and on fire and casualty insurance companies as authorized by an Act of the General Assembly approved
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April 12, 1968, (Ga. L. 1968, p. 3706), as now or hereafter amended. (d) The governing body shall have full and complete power and authority to require every person, firm or corporation engaged in the business of selling spirituous, vinuous or malt liquors at wholesale, to pay excise taxes based on the quantity or value of the commodity sold. Such taxes shall be in addition to any and all other taxes and license fees authorized by law. (e) If the corporate limits of the City are extended so as to include therein businesses, professions and trades located therein which were previously licensed through an examination or otherwise by the governing authority of the annexed area, such licenses shall have the same dignity and standing as if they were in the first place issued by the governing authority of the City of Atlanta; provided, that any businesses not located therein must secure a new license from the City; provided further, that City license renewal fees shall be payable thereby following the calendar year of said extension of the corporate limits. No such license shall have such dignity and standing unless the licensee shall apply to the City for a certificate of proficiency within six (6) months after approval of the annexation affecting such licensee. Section 6-103. Assessment, Return and Collection of City Taxes. (a) Except as otherwise provided by general law, this Charter or ordinance, all taxes on property subject to taxation other than assessments made by the Revenue Commissioner of Georgia shall be assessed by the Joint City-County Board of Tax Assessors and collected by the Fulton County Tax Commissioner in accordance with applicable laws as now or hereafter amended governing the return, assessment, and collection of taxes within the City of Atlanta. The Tax Commissioner shall receive all tax returns for the City of all taxable property located in the City within Fulton County and in that portion of the City located in DeKalb County except business personal property situated in such Counties, the return of which shall be made to the Joint Board of Tax Assessors as provided by Georgia Law. For the City of Atlanta in Fulton County and for that portion
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of the City of Atlanta located in DeKalb County, the Tax Commissioner shall prepare consolidated tax return forms for State, County and City taxes and shall cause their use for the return of such property. The Tax Commissioner shall bill for all taxes due to the City on property in both Counties and shall receive all payments of such taxes, including interest and fi. fa. costs thereon. He may be authorized by the governing body to collect delinquent taxes due to the City on property in such Counties with the same powers and authorities held by the Director of Finance of the City. Sales made by the Tax Commissioner shall carry the title to the property as if made by the City Finance Director. (b) The Tax Commissioner shall give bond payable to the City of Atlanta, in an amount to be determined by ordinance, conditioned upon payment to the City of all sums collected by him for and on behalf of the City. The premium on such bond shall be paid by the City. (c) The time or times for the payment of taxes assessed against real estate and personal property in the City shall be fixed by ordinance of the governing body; provided, that said ordinance shall not be changed during any current year but shall apply to the years succeeding the date of the passage of such ordinance. The ordinance may provide for payment of taxes monthly, quarterly or otherwise, as the governing body may provide; and on failure to pay the taxes or installment on taxes, as fixed by the ordinance, such taxes shall bear interest at such rate as may be fixed by the governing body, to be charged on any installment not paid at the time ordained. If all the tax assessed for the current year is paid during the first tax period fixed, as provided by ordinance, a discount for such payment may be allowed, not exceeding three per cent, as provided by ordinance, on the total amount of such annual taxes. If the total taxes are not paid during the first period, but are paid during some of the other periods fixed in the ordinance, a discount may be allowed thereon not exceeding the stated sum of three per cent; provided, that there shall be deducted from the discount a proportionate sum corresponding to the period of the year during which such taxes remain unpaid. The interest
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shall be computed from the date the taxes are made payable. The whole question of the times of payment is left to the discretion of the governing body and it may, by ordinance, provide one or more times of payment during the current year. If any ad valorem tax or portion of ad valorem tax is not paid at the time prescribed by ordinance, execution shall be issued for the entire tax or the unpaid balance of the entire tax on December 20 and shall bear interest from August 15; provided however, if December 20 of any year shall fall on Sunday, then the fi. fa. shall be dated December 21. (d) The governing body, by ordinance, may provide for penalty for late payment of business licenses, taxes, and sanitary services in such amounts as deemed necessary. (e) The Director of Finance shall be ex-officio marshal and shall collect all delinquent taxes and shall be authorized to collect or levy fi. fas. for taxes, assessments and fines; make sales of property to satisfy executions under the laws applicable to sheriff's sales; issue, sign and record executions; and issue tax executions instanter against the owner of personal property, subject to a lien for unpaid taxes, which is being removed or is about to be removed beyond the limits of the City. He shall pay into the City treasury all fees paid into his office. He shall transfer and assign all fi. fas. issued for assessments as provided by law for tax fi. fas. A deputy of the Director of Finance, or any other City officer as provided by ordinance, may issue and sign executions and levy fi. fas. A proportionate amount of taxes due under a fi. fa. may be paid as to a particular lot or tract of land to withdraw said land from the lien thereof. Deeds made under this Section shall be admissible in evidence on the same terms as deeds made for State and county taxes. The proceedings preliminary to the execution of such deeds shall also be admissible. The governing body may sell and transfer executions at a discount or discounts and preserve liens as provided in Ga. L. 1937, p. 795, as amended. Personal property levied on in the City may be sold at any place within the corporate limits thereof as provided by ordinance. The Director of Finance shall deduct from any payment due by the City to pay any person, firm or corporation the amount of
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any delinquent bill or amount due the City prior to the payment of any such bill or account. (f) It shall be the duty of the tax commissioners to furnish with all tax bills a detained statement which shall furnish separately (1) purposes for which the taxes have been assessed and levied and (2) the number of mills assessed: for general operations and debt service, schools, parks, and any other purpose for which taxes have been assessed and levied; the dollar amount of taxes levied by purpose; and any other relevant information necessary to advise the taxpayers, either on the statement or on a paper to be enclosed with the statement, concerning the taxes imposed on them. (g) The Director of Finance shall be ex-officio Treasurer of the City and shall assume all the duties as may be required of that office. Section 6-104. Collection of Public Utility Taxes. The Director of Finance, ex-officio marshal, shall collect all taxes, including sanitary taxes and delinquent taxes, due the City by public utilities. Utility ad valorem taxes shall be paid within the period fixed for payment of ad valorem taxes generally or within twenty days following certification by the State Revenue Commissioner, whichever is later. He is further empowered to collect, levy, issue, transfer and assign all fi. fas. for taxes and fines, to sell property so levied on under rules governing the sheriff and his deputies, to issue and assign executions and instanter executions for taxes and assessments and to perform such other services as the governing body shall prescribe by ordinance; provided however, property so levied upon may be redeemed by proportionate payment of taxes, as provided for in an Act of the General Assembly approved March 24, 1933 (Ga. L. 1933, p. 279). Provided, however, that nothing contained in this Section shall abrogate the central assessment and return provisions of general law as applied to public utilities. Section 6-105. Fulton and DeKalb County Territory. (a) The governing body shall be authorized to contract with Fulton and DeKalb County tax receivers or commissioners for that portion of the City lying within such counties for
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consolidated tax return forms, tax digests of property returned, billing for taxes, receipt of payment for such taxes and payment to the City of such sums as provided in this Chapter. Compensation for rendering such services, shall be an amount equal to the cost of rendering the services, but not to exceed one (1%) per cent of all sums collected for the City. (b) The records of the tax receivers or commissioners of any counties in which portions of the City of Atlanta lie shall be available at all business hours to duly authorized representatives of the City. (c) The contents and delivery of tax bills, information to be furnished by the City, payment of taxes in installments, apportionment of taxes, partial payments, kinds of taxes collected, tax executions and bonds of tax collectors or tax commissioners shall be provided for by ordinance in accordance with an Act of the General Assembly, approved February 21, 1951 (Ga. L. 1951, p. 3087), and an Act of the General Assembly, approved March 2, 1953 (Ga. L. 1953, p. 2809), as amended, and as otherwise required by law. Section 6-106. Exemptions. (a) The maximum homestead exemption as authorized by law is applicable to all property qualifying for such exemption which is subject to ad valorem taxes in the City. (b) The procedures and requirements for determination of eligibility, application for exemption, time for filing and absence due to duty in armed forces, shall be provided for by ordinance. Section 6-107. No New Grant of Taxing Power. Any other provisions of this Charter to the contrary notwithstanding, nothing contained within this Charter shall be deemed nor construed to confer upon the City of Atlanta any power to levy and assess taxes and fees which the City of Atlanta did not possess on January 1, 1973. Provided, however, nothing contained within this Section shall preclude said City from exercising additional powers to levy and assess taxes and fees which are conferred by general or local
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law, other than this Charter, which are enacted subsequent to January 1, 1973. Chapter 2. Borrowing and Indebtedness Section 6-201. Bonds To Be Issued and Sold Under General State Laws. The City shall issue and sell bonds under the provisions of the general laws of the State; and where an issue of bonds is desired and the purposes thereof are legal and the amount proposed is not in excess of the constitutional limit, the governing body shall call an election when required therefor by ordinance, observing, as to notice, time, place and manner of election, voting and declaring the result and all other formalities provided by law, the general law. Section 6-202. Issuance of General Obligation Bonds. (a) The City shall be authorized to issue and sell general obligation bonds under the provisions of the Constitution and of the laws, both general and special, of the State as now or hereafter permitted for any public purpose. (b) The City shall have the authority to levy and collect ad valorem taxes without limit as to rate or amount on all taxable property within the territorial limits of the City, as the same may now exist and may be hereafter changed, to pay the principal of, redemption premium, if any, and interest on general obligation bonds issued by the City. Section 6-203. Limitations upon General Obligation Bonds. (a) The City shall be authorized to incur general bond indebtedness to the extent authorized by an amendment to the Constitution of Georgia of 1945, ratified November 6, 1956 (Ga. L. 1956, p. 360), and as the Constitution may now or hereafter be amended. (b) The proceeds from said general obligation bonds shall be utilized only for the purposes authorized by the bond issue; provided, however, the proceeds of such bonds shall not be utilized for payment of other than capital expenditures or expenses incidental thereto.
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Section 6-204. Issuance of General Obligation Bonds Without Referendum. The City shall be authorized to issue general obligation bonds without voter referendum, as provided by amendments to the Constitution of Georgia of 1945, ratified November 5, 1968 (Ga. L. 1968, p. 1582, 1586), and as the Constitution may now or hereafter be amended. Section 6-205. Revenue Bonds. The City is empowered and authorized to issue revenue bonds in the manner now or hereafter authorized by the Constitution and laws of the State, including without limitation an Act of the General Assembly, approved March 31, 1937 (Ga. L. 1937, p. 761), as now or hereafter amended. Section 6-206. Other Revenue Bonds. The City shall continue to be authorized to issue revenue bonds for the waterworks system, for sanitary services and for grandstands and stadiums as provided by an amendment to the Constitution of Georgia of 1945, ratified November 6, 1962 (Ga. L. 1962, p. 1002), and an amendment to the Constitution, ratified November 2, 1948 (Ga. L. 1947, p. 1759), and as the Constitution may now or hereafter be amended. Section 6-207. Special Assessment Bonds. The City shall be authorized to issue special assessment bonds as provided by an amendment to the Constitution of Georgia of 1877, ratified November 2, 1920 (Ga. L. 1920, p. 25), and continued in force by the Constitution of Georgia of 1945, and as the Constitution may now or hereafter be amended. Section 6-208. Investment of Surplus Funds. The Director of Finance shall be authorized by ordinance to invest or reinvest all surplus funds of any type not immediately needed. Section 6-209. Registration, Transfer and Negotiation of Bonds. The City is hereby authorized and empowered to provide for and regulate the registration of bonds of the City and to prescribe the manner in which such bonds have been registered may be transferred or negotiated.
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Section 6-210. Issuance of Registered Bonds in Lieu of Coupon Bonds. The City may provide for the issuing of registered bonds of the City in lieu of any coupon bonds issued by the City. Chapter 3. Fiscal Control Section 6-301. Budget Commission. (a) There is hereby created a Budget Commission consisting of the Mayor, Director of Finance, Chairman of the Finance Committee or equivalent committee of the governing body and two governing body members nominated by the Mayor and confirmed by the governing body for one-year terms. (b) The Budget Commission shall: (1) Annually prepare and file with the governing body for submission to the Appropriations Committee the budget revenue anticipations for the City of Atlanta; provided that such anticipations shall not exceed 99% of the normal revenue collected during the previous year, with the following exceptions: (a) the normal revenue which the City may be expected to collect from the taxable property in newly annexed territory may be anticipated, (b) collections from tax executions on real estate and on personal property and choses in action owned by the City may be anticipated; provided that revenues from such anticipations shall not exceed 85% of tax executions on real estate and 50% of tax executions on personal property not more than three (3) years old and choses in action certified solvent and collectible by the tax assessor. When such revenue anticipations have been filed, they shall be binding upon the governing body without any action of approval or disapproval. (2) Allocate a sum sufficient to provide for debt service, including sinking fund and interest on bonded indebtedness, and any other appropriations required by law, which sum shall not be diverted to any other purpose. (3) In the event the income of the City should be decreased by law, either by Act of the General Assembly or
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the governing body it shall be the duty of the Budget Commission to immediately adjust the budget revenue anticipations to comply with such decreased revenue. In the event of an increase in the tax rate, or if the schedule of charges for City service, such as water service, sanitary service, or any other similar assessments or charges should be changed by law, the Budget Commission may revise the budget revenue anticipations, and considering assessments, sanitary service charges, or any other similar assessments or charges of the previous year, apply new rates thereto and adjust the budget revenue anticipations accordingly. (4) In the event the City receives any money, income or revenue from any extraordinary source, either by sale of its property, gift, grant or otherwise, which has not been considered in the preparation of the budget revenue anticipations or other normal revenue in excess of appropriations, the Budget Commission shall have the right to allocate immediately such increased revenue for lawful purposes. However, in the preparation of the budget for the next year no such extraordinary revenue shall be considered as a part of the normal revenue of the City. (5) If at any time during any year, the expenditures exceed the revenues collected and a deficit be created, it shall be the duty of the Budget Commission before appropriating any other sum for any purpose other than the interest and sinking fund on the bonded indebtedness, to appropriate a sufficient sum to immediately discharge any deficit which has accrued during the preceding year. (c) The members of the Budget Commission shall be personally liable for the over-anticipation of receipts. Section 6-302. Appropriations Committee. (a) There is hereby created an Appropriations Committee consisting of the Mayor, three governing body members, not on the Budget Commission, appointed by the Mayor, and the Chairman of the Finance Committee or equivalent committee of the governing body. The Chief Administrative Officer and Director of Finance shall be non-voting members. (b) The Appropriations Committee shall:
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(1) Prepare the proposed annual budget of the City. (2) Provide an opportunity for public and interested citizens' groups to be heard during the budget preparation process. (3) Submit the proposed annual budget through the Mayor to the governing body no later than the second regular meeting of the governing body in the first month of the fiscal year. Section 6-303. Adoption of Budget. (a) The governing body shall hold one or more public hearings on the proposed budget, notice of which shall be published in a newspaper of general circulation in the City at least seven (7) days prior to the date set therefor. (b) The governing body may amend the proposed annual budget, except that the budget as finally amended must provide for all expenditures required by law or by this Charter, including but not limited to debt service, sinking fund and interest on bonded indebtedness, which sums shall not be diverted to any other purpose, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (c) The governing body shall by ordinance adopt the annual budget for the ensuing fiscal year not later than the second regular meeting in the second month of each fiscal year. Section 6-304. Expenditures of Excess in Receipts Over Appropriations. The governing body is hereby authorized to expend and use any excess in the receipts of the City of any year over the amount appropriated for such year; provided, that such expenditure shall in no case exceed the actual receipts for such year. Section 6-305. Budget Amendments. (a) The Finance Committee or equivalent committee of the governing body shall approve or disapprove all measures to expend money
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prior to their consideration by the governing body; provided that upon the committee's failure to report thereon by the second regular meeting of the governing body following a reference to the committee, the governing body may act on such measures without such report. (b) The Finance Committee or equivalent committee of the governing body shall approve or disapprove all measures pertaining to the interdepartmental transfer of appropriations from one line item account to another line item account in the Operating Funds of the City prior to their consideration by the governing body; provided however, the governing body shall not transfer to any other department funds that have been set aside for debt service, including sinking fund and interest on bonded indebtedness and any other appropriations required by law or for the deficit of a prior year. (c) Intra-departmental transfers of appropriations from one line item account to another line item account in the Operating Funds of the City may be made upon unanimous approval of the Chairman of the Finance Committee or equivalent committee of the governing body, the Head or Director of the Department affected, the Director of Finance, and the Chief Administrative Officer. When the decision to transfer intra-departmental funds is not unanimous, such transfers shall be submitted to the governing body by the Chairman of the Finance or equivalent committee for approval or disapproval. The Chairman of the Finance Committee or equivalent committee of the governing body and the Director of Finance are jointly authorized to transfer appropriation surpluses, as the same may occur, from line accounts in the various departments of the Operating Funds of the City to the Reserve for Appropriation Accounts in the same departments of the Operating Funds of the City. Copies of any transfers shall be filed with the Clerk of the governing body at its next regular meeting after said transfer of appropriations or appropriation surplus is made. The Clerk shall enter such transfers in the minutes of such meeting and announce to the members of the governing body that such transfers have been made. The provisions of this subsection shall apply to the transfer of funds for salaries.
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Section 6-306. Unlawful Obligations Void. (a) The City shall incur no obligation, except bonds lawfully issued, in excess of the annual budget and such other special appropriations as may be lawfully made, and shall incur no liability except as authorized by such budget or appropriation. Any such liabilities attempted to be incurred shall be void in law and equity. (b) All contracts entered into by the governing body, contrary to the provisions of this Charter, for the purpose of raising money, or otherwise engaging the credit of the City, shall be null and void as to the City, but the Mayor, if he approves, and all members of the governing body, present and voting, who fail to record their votes against such measure or contract, shall be jointly and severally liable thereon, as upon their own contracts, which liability may be enforced against such Mayor and members of the governing body, in any court of this State having jurisdiction thereof. Section 6-307. Appropriations for Charitable Purposes. The governing body of the City of Atlanta shall have the authority to annually appropriate and donate money, derived from taxation, contributions, or otherwise, for and to any corporation, company, association, or institution for purely charitable purposes. The governing body shall also have the authority to enter into contracts and agreements with any school of higher learning located in the City for services to be rendered the City and payment for such services may be made from funds derived from taxation. The governing body is authorized, in its discretion, to select the recipients of such appropriations and donations, as to determine the amounts of same. Section 6-308, Authority of City to Contract With Commissions, Councils, Boards, etc. With respect to services and properties, of any kind or character, related to corporate, municipal, governmental or public purposes, the City of Atlanta shall have the authority to contract with any commission, council and board, created by the governing body of the City, or otherwise, or with any other corporation, company, association, institution or individual.
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Section 6-309. Audit. (a) The governing body shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the City and all departments, boards and commissions thereof. The audit shall be made by a certified public accountant or a certified public accounting firm, the members of which are independent as defined by professional rules of conduct prescribed by the national association governing the practices of certified public accountants. (b) The final report of the annual audit shall be completed as soon as practicable after the close of the year, and in no event later than six (6) months thereafter. Said report and the opinion and recommendations of those making the same shall be: (1) Made available to the public at actual printing cost; (2) Made available thereto for inspection at no charge; and (3) Sent to the Grand Juries of Fulton and DeKalb Counties then in session, to the Atlanta Public Library, and to the State Auditor. Section 6-310. Accounting Systems. The Director of Finance shall be responsible for the administration of the accounting systems of the City, for proper recording of receipts and disbursements of each department, fund or other breakdown and shall provide a financial statement not less than monthly to the Mayor, governing body and other agencies as may be required. Section 6-311. Increase in Salaries. The governing body shall not increase the salaries or other remuneration in any form of any officer or employee of the City during any fiscal year except by ordinance as finally adopted and approved on or before the last day of the third month of any fiscal year; provided, however, normal salary increments as authorized by the City's pay plan and reclassifications may be provided for, salaries for new offices or positions may be
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fixed, salaries may be reduced because of economic conditions, or positions may be abolished. Section 6-312. Evidence of Justice of Claims. Whenever a warrant or claim shall be presented to the Director of Finance, he shall have power to require evidence that the amount claimed is justly due, and for that purpose may summon before him any officer, agent or employee of any department, or any other person, and examine him upon oath or affirmation, relative to such warrant or claim, and may require the production of books and papers to be used as evidence before him. Chapter 4. Procurement and Disposition of Property Section 6-401. Contracting Procedures. The governing body shall prescribe by ordinance and resolution the procedures to be followed in the making of contracts which shall bind the City. All contracts and all ordinances and resolutions which shall make or authorize contracts shall be approved as to form by the City Attorney. The Mayor shall sign all contracts; provided, however, the governing body may authorize the Mayor by ordinance to designate another appropriate official to sign any type contract. The clerk of the governing body shall authenticate all contracts. The original of all contracts shall be maintained on file in the office of the Director of Finance. Section 6-402. Purchasing Procedures. The governing body shall prescribe by ordinance and resolution the procedures for all purchases of real and personal property by the City. Competitive bidding shall be required for purchases and contracts under rules of the governing body, and awards shall be made to the lowest and/or best bidder; provided, the governing body by ordinance may authorize the purchase of goods, materials, supplies, equipment and services without the receipt of formal sealed bids where the price does not exceed a specified dollar amount as defined therein. Prior to the making of purchases and contracts, the availability of adequate funds shall be certified by the Director of Finance as provided by ordinance.
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Section 6-403. Sale and Disposition of Property. The governing body shall prescribe by ordinance and resolution the procedures for all sales and other disposition of real and personal property by the City. ARTICLE VII INTERIM AND GENERAL PROVISIONS Section 7-101. Officials and Officers. Section 7-102. Existing Ordinances and Resolutions Continued in Effect. Section 7-103. Contracts and Obligations. Section 7-104. Initial Administrative Organization. Section 7-105. Existing Rights and Interests. Section 7-106. Section Captions. Section 7-107. Effect of Repeals. Section 7-108. Severability of Sections, Etc. Section 7-109. Effective Date. Section 7-110. Repeal of Conflicting Laws. ARTICLE VII INTERIM AND GENERAL PROVISIONS Section 7-101. Officials and Officers. The current terms of office of all elected and appointed officials and officers of the City and its agencies, serving on the effective date of this Charter, shall not be diminished and shall continue in full force and effect.
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Section 7-102. Existing Ordinances and Resolutions Continued in Effect. Existing ordinances and resolutions of the City of Atlanta and existing rules and regulations of departments and agencies thereof not inconsistent with the provisions of this Charter shall be effective as ordinances and resolutions of the Council and as rules and regulations of the appropriate department or agency thereof until they have been repealed, modified or amended. Section 7-103. Contracts and Obligations. All contracts, orders, leases, bonds and other obligations or instruments entered into by the City of Atlanta or for its benefit prior to the effective date of this Charter shall continue in effect according to the terms thereof, as obligations and rights of the City. Section 7-104. Initial Administrative Organization. Within six (6) months following the adoption of this Charter, the Mayor shall recommend for the Council's consideration a proposed ordinance which shall specify the number of departments of the City, and the duties and functions thereof. This ordinance shall also define the internal organization of each department including professional and technical qualifications of department directors. The final adoption of this proposed ordinance shall be the responsibility of the Council which may accept, reject or modify such proposed ordinance and such final adoption shall be according to the home rule procedures of section 69-1017 (b) (1) of the Code of Georgia of 1933 as now hereafter amended. Section 7-105. Existing Rights and Interests. (a) Any rights or interest, public or private, vested in whole or in part on the effective date of this Charter, whose validity might be sustained or preserved by reference to any provisions of law repealed by this Charter, shall not be affected by this Charter. This Section shall not apply to any right or interest in any elective public office not conferred by this Charter. (b) Any rights or interests, public or private, derived from, or which might be sustained or preserved in reliance upon, action taken (including the adoption of ordinances or
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resolutions) pursuant to or within the scope of any provisions of law repealed by this Charter, shall not be affected by this Charter. (c) Neither the Mayor, the Council nor other officers of the City shall have authority or power to sell, exchange, farm out, lease out or in any way alien the property, easements, income or other equipment, privileges or assets belonging and appertaining to its system of waterworks; and all contracts, negotiations, grants, leases or other forms of transfer in violation of this Section are declared void and of no effect, as against the City, and any official voting therefor shall be deemed as guilty of violating his duty, and subject to impeachment and removal from office therefor; provided however, that the provisions of this subsection shall not apply to the sale, exchange or alienation of such articles or equipment of said waterworks system as are worn out or useless, or which for the betterment of the service can be advantageously substituted by new or improved machinery or equipment; and provided further, that the Mayor and Council or other officers above named are authorized to make exchanges of portions of said property whenever it is to the advantage of the City, in order to secure better roads and approaches to, from or around said property. (d) The provisions of an Act of the General Assembly approved March 18, 1961 (Ga. L. 1961, p. 2699), as amended, pertaining to Emeritus department heads shall apply to department heads in office as of December 31, 1972, to the extent that they qualify for Emeritus department heads status. None of the provisions of said Act shall apply to any new department heads appointed or elected after December 31, 1972. (e) The provisions of Ga. L. 1951, pp. 529 et seq:, 531 et seq., 537 et seq:. 549 et seq., 3014 et seq., 3018 et seq., 3048 et seq. and 3057 et seq., protecting pension rights in connection with the plan of improvement recommended by the Local Government Commission (Ga. L. 1949, p. 921), shall continue to apply to employees of counties, boards of education and any other agencies designated in said Acts in the event of any future annexations of territory to the City.
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(f) There shall be on the DeKalb County board of health to represent the City, two members, who shall be residents of that part of the City situated in DeKalb County, which members shall be elected by the Council. The term of office of such members shall be four years and until their successors have taken office. The Clerk of Council shall certify the names of the members thus elected to the chairman of the DeKalb County board of health. Vacancies for any cause shall be filled by election for the unexpired term by the Council. (g) No other municipality or town shall have any authority, although the land may be located within its limits, to charge or exact any license fees or occupation taxes for the operation by the City of Atlanta of a landing field therein or for the operation or conduct of any business or occupation thereon. Nor shall such other municipality or town have any authority to assess or collect any ad valorem tax against said land as against the City of Atlanta or otherwise where said city might be required to pay same, if held under lease; nor shall such other municipality or town have any authority to lay any improvements in, through or along said property such as street paving, sidewalks, curbing, sewers, or otherwise, and assess and collect the cost thereof against said land, if owned by the City of Atlanta or under lease contract by the City of Atlanta or otherwise where said city might be called upon to pay or discharge same. Section 7-106. Section Captions. The captions to the several sections of this Charter are informative only and are not to be construed as a part thereof. Section 7-107. Effect of Repeals. No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing act, or by any provision of this Charter that disclaims an intention to repeal or affect enumerated laws. Section 7-108. Severability of Sections. If any Section, subsection, paragraph, sentence, clause, phrase or word of
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this 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 applications thereof are hereby declared to be severable. In the event any provision of this Charter is declared invalid for any reason, then the provision pertaining to the same subject matter that existed in the prior Charter of the City of Atlanta shall be in force and effect and applicable until repealed. Section 7-109. Effective Date. The provisions of Article V of this Charter shall take effect, for purposes of electing the initial Mayor, President of the Council and Council members hereunder, upon approval of this Charter by the Governor or upon its becoming law without his approval. For all other purposes, the provisions of this Charter shall take effect at 12:01 a.m. on the first Monday in January of 1974. Section 7-110. Repeal of Conflicting Laws. All laws and parts of laws in conflict with this Charter are hereby repealed. The Charter of 1874, (Ga. L. 1874, p. 116), and all Acts amendatory thereof are hereby specifically repealed in their entirety except for those provisions of said Charter and amendatory Acts thereof defining the boundaries of the City of Atlanta on the first Monday in January of 1974; and except for the provisions of said Charter and amendatory Acts thereof pertaining to the Atlanta Board of Education, and except for any other provisions of such Charter specifically incorporated herein by reference and which are not in conflict herewith. APPENDIX I POWERS The corporate powers of the City shall include the following: (1) To levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation;
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(2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions, not in conflict with the general law of this State, and to license and regulate such privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes; (3) To assess, charge, and collect rentals, interests, fees, penalties, fines, and costs; to assess and collect fees, charges and tolls for sewer and water services under such rules and regulations as prescribed by ordinance; to levy and collect garbage, trash, refuse and rubbish collection service charges and sanitary taxes under such rules and regulations as prescribed by ordinance; to collect income on investments and to accept funds, services or property from other political subdivisions and public agencies, either local, state or national, and from private persons, firms or corporations; (4) To make appropriations for the support of the government of the City, to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (5) To appropriate and borrow money to provide for payment of the debts of the City; 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, provided, such bonding authority shall be exercised in accordance with the laws governing the issuance of bonds by municipalities; (6) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, or any interest therein, inside or outside the corporate boundaries of the City, and to dispose of said property or any interest therein by sale, lease or easement; (7) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens,
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on such terms and conditions as the donor or grantor may impose; (8) 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 Council, under Title 36 of the Code of Georgia of 1933, as now or hereafter amended, including but not limited to an Act approved Feb. 20, 1945 (Ga. L. 1945, p. 690), granting to the City a fee simple title to property condemned upon payment of the condemnation money, or under other applicable State Acts, including but not limited to an Act of the General Assembly of Georgia, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 360), as now or hereafter amended, Section 6 of an Act of the General Assembly of Georgia, approved March 7, 1955 (Ga. L. 1955, p. 3025, Sect. 6), and an Act of the General Assembly of Georgia approved February 20, 1945, (Ga. L. 1945, p. 690). The City may also condemn any real property or interest therein necessary for the collection, conveyance, treatment and disposal of sewage, and other sanitary purposes both within and without the City, including but not limited to the waters known as Tanyard Branch and adjacent land. In addition, the City shall be authorized to construct water and sewer utility lines through private property by condemnation, or agreement; provided, however, that the condemnation of an existing public use shall be denied unless it can be shown that the specific property to be condemned is absolutely essential to the condemning authority and the use to be condemned does not materially impair the existing public use; (9) To acquire, lease, construct, operate, maintain, regulate, control, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, natural gas systems, electrical power systems, transportation facilities, airports, and any other public utility inside and outside the corporate limits; to fix the taxes, charges, rates, fares, fees, assessments, regulations and liens, penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced, provided liens shall be enforced in the same manner and with the same remedies as a lien for City
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property taxes; to assess the cost or a portion of the cost of such facilities and services against abutting property under such rules, procedures, terms and conditions of payment and enforcement thereof as provided by ordinance; provided the Council shall have no power or authority to sell or in any way alien the City's system of waterworks; (10) To grant franchises or make contracts for public utilities and public services as provided by law. 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 and may grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; the Council may extend, renew, or amend a franchise at any time by mutual agreement of the parties and by adoption thereof by the Council at two consecutive meetings. In all other cases, the Council shall have no authority or power to grant, consent to or permit the extension, removal or change of the term for which franchises have been or may be granted, or in any way to extend or renew the time for which permission has been or may be given to occupy the streets and public places, except and only during the twelve months immediately preceding the expiration of the term of such franchises and permit; and all extensions and renewals made in violation of this Section shall be void; (11) To lay out, open, extend, widen, narrow, establish or change the grade of, vacate, abandon, or close, construct, pave, repave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light streets, alleys, sidewalks and walkways within the corporate limits of the City; to acquire land for such improvements and to assess the cost or a portion of the cost of payment and enforcement thereof against abutting property under such rules, procedures, terms and conditions as provided by ordinance;
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(12) To undertake and expend tax or non-tax funds to foster mutual understanding, tolerance, respect, and improvement of human relations among all citizens of the City; (13) To establish and fix a system of grading and draining of the streets of the City; and to cause the owners of lots or cellars to drain or fill the same to the level of the streets or alleys upon which said lots or cellars are located. After reasonable notice, the City shall be authorized to have said lots or cellars so drained or filled and the amount so expended collected by executions against the owner or occupant thereof; (14) To acquire, lease, construct, operate, maintain, regulate, control, sell and dispose of public ways, parks, public grounds, cemeteries, markets, and market houses, public buildings, libraries, airports, auditoriums, 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 corporate limits of the City; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Title 36 of the Code of Georgia of 1933, as now or hereafter amended, or other applicable public acts, or under any power or procedure of eminent domain now or hereafter provided by the General Assembly of Georgia; (15) To require estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (16) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license all building trades, and to license the construction and erection of buildings and all other structures; (17) To provide for the prevention and punishment of drunkenness, riots, and public disturbances;
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(18) To regulate or prohibit junk dealers; to regulate and control pawn shops; the manufacture, sale or transportation of intoxicating liquors; the use and sale of firearms, and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (19) To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (20) To license, tax, regulate, or prohibit professional fortune telling or palmistry; (21) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances; (22) To prescribe standards of health, safety and sanitation and to provide for the enforcement of such standards; to own, operate, lease or contract for ambulance services and other emergency medical services, and to regulate health by adopting the rules, regulations and orders of any county board of health; (23) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the City; (24) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (25) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public;
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(26) To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; and to establish and operate incinerators for the purpose of disposal of garbage and other refuse of the City; (27) To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; provided that any such charges, taxes or fees, 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; (28) To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge, fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (29) To charge, impose and collect a sewer connection fee or fees, and to change the same from time to time; such fees to be levied on the users connecting with the sewerage system; (30) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards;
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(31) To define a nuisance in the City and to provide for its abatement; to cause nuisances which are likely to endanger the health of the City or any neighborhood therein to be abated in a summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owner of the property upon which the same may be located, as the Council shall elect. The 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, said expense to be a lien upon the property for which execution may issue as for property taxes; (32) To provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (33) 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; to require adequate fire escapes on buildings; to regulate or restrict smoking in public places, dangerous substances, and weapons; (34) To provide that persons given jail sentences in the Municipal 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 or other correctional institution, to jail, or to any other government agency, by agreement with the appropriate county offcers or any other government agencies; (35) To adopt ordinances and regulations for the prevention of disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the City and to prohibit the playing of lotteries therein, and to prohibit or
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regulate by ordinance such other conduct and activities within said City which, while not constituting an offense against the laws of this State, is deemed by the Council to be detrimental and offensive to the peace and good order of the City or to the welfare of the citizens thereof; (36) 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 for the location, use and cleanliness of private stables; to forbid the erection of such stables when they are likely to be injurious to the health of citizens; to provide punishment for violation of ordinances enacted hereunder; (37) 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; to regulate and rent parking spaces in public ways for the use of such vehicles; to regulate transportation lines and terminals, pedestrian and vehicle traffic, parking and common carriers; (38) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the City; (39) 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 any limitations now or hereafter prescribed by the Charter; (40) To develop for park or recreational purposes land adjacent to the banks of rivers, creeks and other streams in counties of which the City is a part, which is now owned by the City or which may be dedicated or otherwise acquired by it for such purposes; and to solicit and accept grants of land adjacent to said banks and use the same for such purpose; and to abate in any manner provided by law any pollution of
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said rivers, creeks or other streams, caused by deleterious substances such as sewage of any kind whatsoever, chemicals, excrement of waste materials of any kind, brush, logs or other deleterious matter or things; any of such pollution shall constitute a nuisance; (41) To levy taxes and to make appropriations for the purpose of advertising the City, its advantages and resources, so as to bring new capital, commercial, manufacturing and other enterprises into the City, and to also levy taxes and to make payment from the general revenues and funds of the City for the support of libraries; (42) To regulate and control public streets, public alleys and ways and the uses thereof; and to negotiate and execute leases over, through, under or across any City property or the right-of-way of any public street, public alley or way or portion thereof for bridges, passageways or any other purpose or use between buildings on opposite sides of the street and other bridges, overpasses and underpasses for private use at such locations; and to charge a rental therefor in such manner as may be provided by ordinance; (43) To regulate land use by the adoption of zoning ordinances, planning ordinances, and other regulatory ordinances; and said ordinances may be adopted pursuant to any general or special public act existing at the time of adoption; (44) To engage the necessary personnel to administer and enforce ordinances, rules, and regulations adopted by the Council; (45) To inspect, weigh, measure and otherwise regulate any products grown, mined, manufactured or otherwise produced or acquired; (46) To regulate by licenses, bonds, permits or otherwise, or restrict, the manufacture, sale, lease, rental, use or solicitation of any real or personal property and the presentation of any services or spectator activities;
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(47) To regulate or restrict through permits, fees, codes, review boards or otherwise the construction, use and maintenance of real or personal property and the emission and disposal thereon or therefrom of any substance that tends to pollute land, water, or air; (48) To enforce City ordinances outside the City limits along and for 50 feet on all sides of transportation lines in unincorporated Fulton County and to the end of transportation lines except as to railroads, along and for 300 feet on all sides of City water mains, and along and for 10 feet on all sides of the City sewer lines and sewage treatment property; (49) To make contracts for and to accept grants in aid and loans from the Federal, State, City and County governments and their authorities and other agencies for constructing, expanding, examining, and operating any project or facility, or performing any function, which the City may be authorized by law to provide or perform; (50) To provide for post entry training, blanket surety bonds, Federal social security, and other employee services; (51) To establish a civil defense plan for the continuity of City government in the event of any enemy attack or other emergency; (52) To grant to City police officers the same power in the unincorporated areas of Fulton County to make arrests, to execute and return all criminal warrants and processes and exercise other powers as peace officers as sheriffs have; (53) To build, repair, or put in a safe condition a bridge or the approaches thereto across tracks and roadbeds at the expense, with interest and cost, of a railroad or railroad company in the case of the latter's failure after reasonable notice to do so when the Council shall have declared the same necessary for the protection of human life. Execution may issue therefor, as other executions are issued by the City, and be levied on any property of such railroad or railroad company; and such execution shall bear interest at the rate
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of seven per cent per annum; provided, that nothing in this subsection shall require railroads or railroad companies to build bridges otherwise than is required by the general laws of this State, or the charters of such railroad companies, respectively, except in all cases in which a public street was in existence before the tracks of any such railroad or railroad companies were laid or placed across any such public streets; (54) To exercise all powers relating to insurance for officers and employees as provided in Ga. L. 1935, p. 881, Ga. L. 1944, p. 257, Ga. L. 1945, p. 1144, Ga. L. 1950, p. 2632, and Ga. L. 1968, p. 3778, as now or hereafter amended; (55) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the City and the inhabitants thereof, and for preserving the health, peace, order and good government of the City; (56) To establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City; (57) 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; 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; 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, and to do, perform, and render (or refrain therefrom) all things necessary or convenient to the carrying out of the objects of the powers, duties and requirements set forth anywhere in this Charter. No enumeration of particular powers in this Charter shall be held to be exclusive of others,
Page 2264
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. APPENDIX II COUNCIL DISTRICTS (a) Council District No. 1 shall include the following portion of Fulton County: Atlanta CCD 10, Tracts 50, 52, 53, 55.01, 55.02, 64, 67, and 68. Tract 49, Blocks 206, 207, 304, 305, 306, 307, and 312. Tract 69, except that portion within Council District No. 12. (b) Council District No. 2 shall include the following portion of Fulton County: Atlanta CCD 10, Tracts 16, 17, 18, 19, 20, 21, 27, 28, 29, 30, 32, 33, 35, 45, 46, 47, 48, and 36. Tract 49, except that portion within Council District No. 1. Tract 56, Blocks 101, 102, 103, 104, 105, 106, 601, 602, 603, 604, 605, and 606. (c) Council District No. 3 shall include the following portion of Fulton County: Atlanta CCD 10, Tracts 7, 8, 22, 23, 24, 25, 26, and 84. Tract 40, except that portion within Council District No. 4. (d) Council District No. 4 shall include the following portion of Fulton County: Atlanta CCD 10,
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Tracts 37, 38, 39, 41, 42, 43, 44, 57, 58, 59, 60, and 63. Tract 40, Blocks 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, and 212. Tract 56, except that portion within Council District No. 2. (e) (1) Council District No. 5 shall include the following portion of Fulton County: Atlanta CCD 10, Tract 31. (2) Council District No. 5 shall include the following portion of DeKalb County: Atlanta CCD 5, Tracts 205, 206, 207, 208, and 209. Tract 203, Blocks, 105, 106, 107, 108, 109, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 301, 302, 303, 304, 305, and 306. (f) (1) Council District No. 6 shall include the following portion of Fulton County: Atlanta CCD 10, Tracts 1, 2, 13, 14, 15, 92 and 94. Tract 12, Blocks 101, 102, 205-210, inclusive, 309-311, inclusive, 401-403, inclusive, 412, 501-506, inclusive. (2) Council District No. 6 shall include the following portion of DeKalb County: Atlanta CCD 5, Tracts 201, 202, and 204. Tract 203, except Blocks 105-109, inclusive, 201-214, inclusive, 301-306, inclusive. (g) Council District No. 7 shall include the following portion of Fulton County: Atlanta CCD 10,
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Tracts 101.01, 100, 96, 93, 91, 11, 10, 5 and 4. Tract 12, except Blocks 101, 102, 205-210, inclusive, 309-311, inclusive, 401-403, inclusive, 412, 501-506, inclusive. (h) Council District No. 8 shall include the following portion of Fulton County: Atlanta CCD 10, Tracts 102.01, 99, 98, 97, 95, 90, 89, 88, 9, and 6. (i) Council District No. 9 shall include the following portion of Fulton County: Atlanta CCD 10, Tracts 87.01, 87.02, 86.01, 86.02, 82.02, and 85. Tract 82.01, Blocks 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, and 129. (j) Council District No. 10 shall include the following portion of Fulton County: Atlanta CCD 10, Tracts 78.01, 79, 83.01, 83.02, and 81.02. Tract 82.01, except that portion within Council District No. 9. Tract 81.01, Blocks 101, 102, 103, 206, 303, 304, 305, and 306. (k) Council District No. 11 shall include the following portion of Fulton County: Atlanta CCD 10, Tracts 78.02, 77.02, 77.01, 76.01, 76.02, 80, 61, 62, 66.02, and 103. Tract 81.01, except that portion within Council District No. 10. Tract 66.01, Blocks 101, 102, 103, 104, 105, 106, 107, 108, 109, 201, 202, 203, 204, and 205.
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(l) Council District No. 12 shall include the following portion of Fulton County: Atlanta CCD 10, Tracts 65, 70, 71, 72, 73, 74, 75, and that part of Tract 108 that lies within the City of Atlanta. Tract 66.01, except that portion contained within Council District No. 11. Tract 69, Blocks 107, 108, 109, 201, and 202. Notice of Intention to apply for the Passage of Local Bills. Notice is hereby given that the passage of the following local bills will be applied for at the regular 1973 Session of the General Assembly of Georgia: (1) A bill to establish a new Charter for the City of Atlanta, Georgia, repealing and replacing an Act of the General Assembly of Georgia approved February 28, 1874, entitled, An Act establishing a new Charter for the City of Atlanta, and the several Acts amendatory thereof, and for other purposes. (2) A bill to revise comprehensively the present laws governing the independent school system of the City of Atlanta and for other purposes. This 14th day of December, 1972. /s/ Grace Hamilton Representative, 112th District Georgia, Fulton County. Before the undersigned official duly authorized to administer oaths personally appeared Paul D. Coverdell who, on oath, deposes and says that he is the Senator from the 40th Senatorial District, and that the attached copy of Notice of Intention to Apply for the Passage of Local Bills was published in the Fulton County Daily Report which is the official
Page 2268
organ of Fulton County, on the following dates: December 15, 22, 29, 1972 and January 5, 1973. Paul D. Coverdell Senator, 40th District Sworn to and subscribed before me, this 11th day of January, 1973. /s/ Yvonne Redding Notary Public, Georgia State at Large. My Commission Expires November 1, 1975. Approved March 16, 1973. SAVANNAHCHATHAM COUNTY GOVERNMENTPROVISIONS CHANGED. No. 55 (Senate Bill No. 171). An Act to amend an Act unifying the governmental and corporate functions of the Mayor and Aldermen of the City of Savannah with the governmental and corporate functions of the Commissioners of Chatham County and ex officio Judges thereof, approved March 27, 1972 (Ga. L. 1972, p. 3019), so as to change the provisions relative to the composition of the Mayor and Council; to change the provisions relative to council districts; to provide certain requirements and rights relative to certain incorporated municipalities; to change the provisions relative to the amendment of the charter; to change certain dates; 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 unifying the governmental and corporate functions of the Mayor and Aldermen of the City of Savannah with the governmental and corporate functions
Page 2269
of the Commissioners of Chatham County and ex officio judges thereof, approved March 27, 1972 (Ga. L. 1972, p. 3019), is hereby amended by striking section 1-100 of Article I in its entirety and substituting in lieu thereof a new Section 1-100 to read as follows: Section 1-100. Composition and Election. The Mayor and Council shall be composed of the Mayor and eight Councilmen. The Mayor shall be elected at large and the eight Councilmen shall be elected from districts as provided in Article IV of this Charter. Composition and election. Section 2. Said Act is further amended by striking from subsection (c) of section 1-201 of Article I the following: when a vote is required;, and inserting in lieu thereof the following: in case of a tie;, so that when so amended said subsection (c) shall read as follows: (c) To preside at meetings of the Mayor and Council, to have a voice in its proceedings, and to vote on all matters considered by the Mayor and Council in case of a tie;. Mayor. Section 3. Said Act is further amended by striking, in its entirety, the last paragraph of section 2-605 of Article II, which reads as follows: Provided, however, that the words `Savannah-Chatham County' shall be substituted in the names of said agencies for the words `Chatham County', `Savannah' or `Chatham-Savannah' ., and by adding at the end of said section immediately following subsection (i) the following: (j) Savannah-Chatham County Historic Site and Monument Commission. Historic Site, etc.
Page 2270
Section 4. Said Act is further amended by striking section 4-300 of Article IV in its entirety and substituting in lieu thereof a new section 4-300 to read as follows: Section 4-300. Establishment of Districts. For the purpose of electing the eight District Councilmen, the territory of the Government shall be divided into eight council districts to be designated respectively as District No. 1, District No. 2, District No. 3, District No. 4, District No. 5, District No. 6, District No. 7, and District No. 8. Each candidate for councilman shall designate the council district for which he is offering for election. The designation and boundaries of the initial council districts shall be as specifically described and set forth in Appendix I hereof, which is hereby incorporated herein and made a part hereof by reference. Districts. Section 5. Said Act is further amended by adding a new section at the end of Chapter 1 of Article VI to be designated section 6-103 and to read as follows: Section 6-103. Incorporated Municipalities. (a) All incorporated municipalities within Chatham County, other than the City of Savannah, shall have the right to extend their present corporate limits by annexing property lying and situated contiguous thereto, provided such property is not located within any Urban Services District or Special Services District, in the same manner and by the same methods currently provided by the general laws of Georgia. Incorporated Municipalities. (b) Any other provision of this Charter to the contrary notwithstanding, all existing incorporated municipalities in Chatham County, other than the City of Savannah, shall retain all of their present legal status and shall be in the general services district. Section 6. Said Act is further amended by striking paragraphs (1) and (2) of subsection (a) of section 6-400 of Article VI in their entirety and substituting in lieu thereof one paragraph (1) to read as follows:
Page 2271
(1) an Act of the General Assembly; and, and by redesignating paragraph (3) thereof as paragraph (2). Section 7. Said Act is further amended by striking section 6-401 of Article VI in its entirety and substituting in lieu thereof a new section 6-401 to read as follows: Section 6-401. Election. Whenever an amendment to this Charter has been proposed, the effectiveness of which requires approval by the electorate as provided in paragraph (2) of subsection (a) of Section 6-400 and subsection (b) of Section 6-400, the Board of Elections shall call a referendum election not less than thirty (30) days nor more than forty (40) days after the date of the validation of the petition, or the adoption of the proposal, as the case may be, at which the electorate of Savannah-Chatham County, Georgia, will vote to ratify or reject the amendment or amendments proposed; provided, however, if a regular election is to be held within six (6) months after the adoption of the proposal, or the validation of the petition, then such referendum election shall be held at the same time as the regular election. The ballot shall be prepared so as to sufficiently set forth the subject matter of each proposed amendment, and to provide the voters a choice of vote `For Ratification' and `Against Ratification' of each proposed amendment. Each proposed amendment shall be rejected when a majority of said votes shall be against ratification. Said election shall be held in accordance with applicable laws governing elections as provided in section 4-104 of this Charter, and the costs of said election shall be paid out of the general funds of Savannah-Chatham County, Georgia. The Board of Elections shall canvass the returns and certify the result to the Mayor and Council which shall issue a proclamation showing the results of said election on the ratification or rejection of each proposed amendment to this Charter. One copy of the proclamation shall be certified and presented to the Secretary of State, and one copy shall be delivered to the Clerk of the Mayor and Council who shall attach the same to the copy of the Charter in his custody. Election.
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Section 8. Said Act is further amended by striking from section 7-100 of Article VII the following: July 1, 1973, and inserting in lieu thereof the following: October 1, 1973, so that when so amended section 7-100 shall read as follows: Section 7-100. Effective Date of Charter. Except as otherwise provided herein, this Charter shall become effective on October 1, 1973, or upon the election of the first Mayor and members of the first Council of the Government and their taking office, whichever shall later occur. Effective date of charter. Section 9. Said Act is further amended by striking from subsection (a) of section 7-101 of Article VII the following: June of 1973, and ten (10), and inserting in lieu thereof the following: September of 1973, and eight (8), respectively, so that when so amended said subsection (a) shall read as follows: (a) A special election shall be held on the second Tuesday in September of 1973 for the purpose of electing the first Mayor and the eight (8) members of the first Council. The Board of Elections shall publish a notice of the call for such election in one or more newspapers of general circulation in Chatham County for a period of once a week for three (3) weeks immediately preceding the date of such election. Special election. Section 10. Said Act is further amended by striking the word July from subsection (d) of section 7-101 of Article VII and inserting in lieu thereof the word October so that when so amended said subsection (d) shall read as follows:
Page 2273
(d) Except as provided in section 7-102 of this Charter, the term of office of the first Mayor and the first members of the Council of the Government elected under the provisions of this Section shall commence on the first day of October 1973, and shall terminate on the first Tuesday in April of 1977. Term of office. Section 11. Said Act is further amended by striking from the first paragraph of subsection (b) of section 7-102 of Article VII the following: June, 1973, and inserting in lieu thereof the following: September 1973, so that when so amended said subsection (b) shall read as follows: (b) Until the effective date of this Charter, the first Mayor and Council elected at the special September 1973 election may exercise the following limited powers: Limited powers. (1) Appoint the Chief Administrative Officer in accordance with the provisions of Section 2-200 of this Charter; (2) Hold meetings, plan the establishment of boundaries of the initial Urban and Special Services Districts as required by section 5-300 of this Charter, and plan for and schedule the initial organization of the Government in accordance with applicable provisions of this Charter. The Council shall be authorized to receive and expend appropriations from the Mayor and Aldermen of the City of Savannah and from the Chatham County Board of Commissioners and ex officio Judges for the purpose of performing its responsibilities as provided for herein. Section 12. Said Act is further amended by striking the word April from the first paragraph of subsection (b) of section 7-110 of Article VII and inserting in lieu thereof
Page 2274
the word June so that when so amended the first paragraph of said subsection (b) shall read as follows: Not less than fifteen (15) nor more than thirty (30) days after receipt of the certified copy of such proposed Charter, it shall be the duty of the Ordinary of Chatham County to issue the call for an election for the purpose of submitting said Charter to the qualified voters of the unincorporated portion of Chatham County and to the qualified voters of the City of Savannah for approval or rejection. The Ordinary shall set the date of such election for the second Tuesday in June in 1973. The Ordinary 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 one or more newspapers of general circulation in Chatham County. The ballot shall have written or printed thereon the following: Election. Section 13. Said Act is further amended by striking Appendix I in its entirety and substituting in lieu thereof a new Appendix I to read as follows: APPENDIX I COUNCIL DISTRICTS (a) The Council Districts shall be composed of the following described portions of Chatham County: Council District No. 1 shall consist of the following portion of Chatham County: Savannah CCD 25, Tracts 3, 3.99, 8, 9, 13, 15 and 18. Tract 19, except that portion within Education District No. 2. Tract 24, except that portion within Education District No. 8. Tract 25. Tract 26, Blocks 106, 107, 117, 118, 201, 208, 209, 216, 301, 308, 309 and 310.
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Tract 29. Tract 30, ED's 150 and 151. Tract 34, except that portion within Education District No. 5. Council District No. 2 shall consist of the following portion of Chatham County: Savannah CCD 25, Tracts 5, 5.99, 10 and 11. Tract 19, Blocks 201, 202, 210, 211 and 215. Tracts 20 and 21. Tract 22, ED's 100 and 101. ED 102, except that portion within Education District No. 3. Tract 26, except that portion within Education District No. 1. Tract 27, ED's 144 through 147. ED 148. Blocks 114 through 119, 201 through 203. Tract 37, ED 86. Council District No. 3 shall consist of the following portion of Chatham County: Savannah CCD 25, Tract 22, Blocks 310 through 313, and the remainder of Tract 22, except that portion within Education District No. 2. Track 27, except that portion within Education District No. 2. Tract 30, ED 149. Tracts 35.01 and 35.02. Tract 36.01,
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Blocks 101, 111 through 114, 202, 203, 206, 207, 210, 301, 501, 502, 503, 603, 604, 609 and 610. ED 90. Tract 36.02. Tract 37, except that portion within Education District No. 2. Tract 39, ED 182. ED 183, Blocks 114 and 307. Council District No. 4 shall consist of the following portion of Chatham County: Montgomery CCD 10, entire division. Savannah Beach-Wilmington CCD 23, entire division. Savannah CCD 25, Tract 36.01, except that portion within Education District No. 3. Tract 38. Tract 40, ED's 190, 196A and 196B. Thunderbolt CCD 35, entire division except ED 214. Council District No. 5 shall consist of the following portion of Chatham County: Savannah CCD 25, Tract 28. Tract 34, ED's 167 and 168. Tract 39, ED 181. ED 183, except that portion within Education District No. 3. ED's 184 and 185. Tract 40, except that portion within Education Districts No. 4 and No. 6. Tracts 43 and 44. Thunderbolt CCD 35, ED 214. West Savannah CCD 45, Tract 45.
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Council District No. 6 shall consist of the following portion of Chatham County: Pooler-Burroughs CCD 15, Tract 108, That portion of ED 21 lying south and east of the Ogeechee Canal. ED 22. Savannah CCD 25, Tract 40, ED's 197 through 199. Vernonburg-White Bluff CCD 40, entire division. West Savannah CCD 45, Tract 105, That portion of ED 44 lying east of U. S. Highway No. 17. ED's 46, 47, 50 and 51. Council District No. 7 shall consist of the following portion of Chatham County: Garden City CCD 5, entire division. Pooler-Burroughs CCD 15, Tract 105, ED 43C. Tract 107. Tract 108, ED's 15 through 20. That portion of ED 21 lying north and West of the Ogeechee Canal. Port Wentworth CCD 20, entire division. Savannah CCD 25, Tract 6, ED 67. Tracts 105, 106.02, 107 and 108. West Savannah CCD 45, Tract 105, except that portion within Education District No. 6. Council District No. 8 shall consist of the following portion of Chatham County: Savannah CCD 25, Tracts 1, 1.99, 2 and 2.99.
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Tract 6, except that portion within Education District No. 7. Tracts 7, 12, 17 and 23. Tract 24, Blocks 107 through 109, 120, 201, 213, 214, 306, 307 and 317. Tracts 32 and 33. (b) For the purposes of this Appendix, the designation `CCD' shall mean `Census County Division'; the designation `ED' shall mean `Enumeration District'; and the word `Tract' shall mean `Census Tract'. The terms `Census County Division', `Enumeration District', `Census Tract' and `Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia. (c) Any portion of Chatham County which is not included in any Council District described in this Appendix shall be included within that Council District contiguous to such portion which contains the least population according to the United States Decennial Census of 1970 for the State of Georgia. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Chatham County. Personally appeared before me Edward S. Ciucevich to me known, who being by me sworn, deposes and says: That he is the Business Manager 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;
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That he 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 he has reviewed the regular editions of the Savannah Evening Press published on December 9, 1972, December 16, 1972, and December 23, 1972, and finds that the following advertisement, to-wit: It is my intent to introduce local legislation to amend House Bill No. 1966 passed in the 1972 Session of the General Assembly. John R. Riley State Senator First District appeared in each of said editions. /s/ Edward S. Ciucevich (Deponent) Sworn to and subscribed before me, this 29th day of December, 1972. /s/ Marion H. Manson, Notary Public, Chatham County, Ga. My Commission Expires Nov. 29, 1975. Approved March 16, 1973.
Page 2280
DOUGLAS COUNTYSUPERIOR COURT CLERK, SHERIFF, ORDINARY AND TAX COMMISSIONERSALARIES CHANGED. No. 58 (House Bill No. 726). An Act to amend an Act placing the clerk of the superior court, sheriff, ordinary and tax commissioner of Douglas County on an annual salary in lieu of the fee basis of compensation, approved February 17, 1964 (Ga. L. 1964, p. 2082), as amended, so as to change the provisions relative to the compensation of the clerk, ordinary, sheriff and tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court, sheriff, oridnary and tax commissioner of Douglas County on an annual salary in lieu of the fee basis of compensation, approved February 17, 1964 (Ga. L. 1964, p. 2082), 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 clerk of the superior court shall receive an annual salary of $15,000.00, payable in equal monthly installments from the funds of Douglas County. Clerk. 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 shall receive an annual salary of $15,000.00, payable in equal monthly installments from the funds of Douglas County. Sheriff. 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 2281
Section 4. The ordinary shall receive an annual salary of $15,000.00, payable in equal monthly installments from the funds of Douglas County. Ordinary. 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. The tax commissioner shall receive an annual salary of $15,000.00, payable in equal monthly installments from the funds of Douglas County. Tax Commissioner. 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 Introduce Legislation. Notice is given hereby that a bill will be introduced in the 1973 Session of the General Assembly of Georgia to change the compensation of the Tax Commissioner of Douglas County, Georgia and for other purposes. /s/ Jim Dollar Notice of Intention to Introduce Legislation. Notice is given hereby that a bill will be introduced in the 1973 Session of the General Assembly of Georgia to change the compensation of the Clerk of Superior Court of Douglas County, Georgia and for other purposes. /s/ Jim Dollar Notice of Intention to Introduce Legislation. Notice is hereby given that a bill will be introduced in the 1973 Session of the General Assembly of Georgia to
Page 2282
change the compensation of the Sheriff of Douglas County, Georgia, and for other purposes. /s/ Jim Dollar Notice of Intention to Introduce Legislation. Notice is given hereby that a bill will be introduced in the 1973 Session of the General Assembly of Georgia to change the compensation of the Ordinary of Douglas County, Georgia and for other purposes. /s/ Jim Dollar Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Dollar 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 Douglas County Sentinel which is the official organ of Douglas County, on the following dates: January 4, 11, 18, 1973. /s/ James Dollar Representative, 63rd District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 16, 1973.
Page 2283
BOARD OF ELECTIONS IN CERTAIN COUNTIES PROVIDED. (145,000-165,000). No. 59 (House Bill No. 764). An Act to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections and the registration of electors; to provide a method for appointment, resignation and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistance and other employees; to provide for compensation for such persons and the members of the board; to abolish the Board of Registrars in such counties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in each county 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, a board of elections which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in such counties. Created. Section 2. The board of elections in such counties shall be composed of five members, each of whom shall be an elector and resident of the county, and who shall be selected in the following manner: Members. (a) Two members shall be appointed by the county executive committee of the political party whose candidates, at the last preceding general election, received the largest number of votes in this State for members of the General Assembly, and two members shall be appointed by the county executive committee of the political party whose candidates at such election received the next largest number of such votes. The initial appointments of such members shall be made by each party for two and four years, respectively.
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Thereafter, all appointments shall be for terms of four years and until their successors are duly appointed. (b) The fifth member shall be appointed from a list of three names submitted by the members of the General Assembly representing such counties to the governing authority of each such county for a term of office of four years and until his successor is duly appointed. The member appointed by the governing authority shall be the chairman of the board of elections. Section 3. 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 4. The appointment of each member shall be made by the respective appointing authority filing an affidavit with the Clerk of the Superior Court, no later than thirty (30) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The Clerk of the Superior Court shall record each of such certifications on the minutes of the Court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairman, within the same time and in the same manner as provided by law for registrars. Appointments. Section 5. Each member of the board shall be eligible to succeed himself for one term and shall have the right to resign at any time by giving written notice of his resignation to the respective appointing or electing authority and to the Clerk of the Superior Court, and shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. Removal, etc. Section 6. In the event a vacancy occurs in the office of any member before the expiration of his term, by removal,
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death or resignation, or otherwise, the respective appointing authority shall appoint a successor to serve the remainder of the unexpired term. The Clerk of the Superior Court shall be notified of interim appointments and record and certify such appointments, in the same manner as the regular appointment members. Vacancies. Section 7. The first members of the board under this Act shall take office on April 1, 1973. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Oath. Section 8. Each board of elections shall: (a) with regard to the preparation for conduct and administration of primaries and elections, succeed to and exercise all duties and powers granted to and incumbent upon the Ordinary pursuant to Title 34 of the Code of Georgia, as now or hereafter amended, and/or any other provision of law. Powers. (b) with regard to the registration of electors, succeed to and exercise all of the powers, duties and responsibilities granted to and incumbent upon the Board of Registrars in such counties pursuant to Title 34 of the Code of Georgia, as now or hereafter amended, or any other provision of law. Section 9. The board shall be responsible for the selection, appointment and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. The board shall be authorized to employ not less than two full-time employees and such other employees as the governing authority shall approve. There shall also be authorized a full-time executive director whose initial appointment shall be made by the governing authority. Subsequent appointment of the executive director shall be made by the board of elections. Poll workers, etc. Section 10. Upon the effective date of this Act, the Ordinary and the Board of Registrars in such counties shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act and they
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shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records and facilities of every kind pertaining to such powers and duties. Also, at such time, the Board of Registrars in such counties shall be abolished. Section 11. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Chairman. Section 12. The compensation of the executive director, clerical assistants and other employees of the board shall be such as may be fixed by the governing authority. The members of the board of elections, not including the chairman, shall receive for each day of service the sum of $10.00. The chairman shall receive the sum of $20.00 for each day of service for the board. No member of the board shall receive pay for more than 60 days' service every two years, such period of time to be calculated from April 1, 1973, and for every two-year period thereafter. Such compensation shall be paid wholly from county funds. Compensation. Section 13. The governing authority of the county shall provide the board with proper and suitable offices. Offices. Section 14. The board of elections shall have the authority to contract with any municipality located within the county for the holding of any primary or election by the board to be conducted within the municipality. Contracts. Section 15. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code section 34-103 of the Code of Georgia of 1933, as amended, unless otherwise clearly apparent from the text of this Act.
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Section 16. The effective date of this Act shall be April 1, 1973. Effective date. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1973. CITY OF MARIETTACERTAIN EXEMPTION FROM AD VALOREM TAXATION FOR EDUCATIONAL PURPOSES PROVIDED. No. 60 (House Bill No. 574). An Act to provide that the homestead of each resident of the Independent School District of the City of Marietta who is 62 years of age or over and who has an income from all sources, including the income of certain members of the family, not exceeding $6,000.00 per annum, shall be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such school system; 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. The homestead of each resident of the Independent School District of the City of Marietta who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $6,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system. Exemption. Section 2. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of the City of Marietta, or with a person designated by the governing authority of such city, giving the age of the owner, the amount of income which he received
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for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this Act as will enable the governing authority of such city, or the person designated by the governing authority of such city, to make a determination as to whether such owner is entitled to said exemption. The governing authority of the city, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. Affidavit. Section 3. The exemption granted to the homestead within this Act shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this Act. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this Act in the manner herein provided. Section 4. The exemption provided for by this Act shall apply to all taxable years beginning after December 31, 1972. Effective date. 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 it is the intention of the undersigned to introduce local legislation providing that the homestead exemption of each resident of the Marietta Georgia School System who is 62 years of age or over and who has an income from all sources, including the income of certain
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members of the family, not exceeding $6,000 per annum shall be granted an exemption from ad valorem taxation for educational purposes listed for and in behalf of the Marietta Georgia School System, and for other purposes. /s/ Joe Mack Wilson 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 19th 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 5, 12, 19, 26, February 2, 9, 1973. /s/ Joe Mack Wilson Representative, 19th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 16, 1973. JEFFERSON COUNTYBOARD OF ROADS AND REVENUESMEMBERSCOMPENSATION CHANGED, ETC. No. 61 (House Bill No. 681). An Act to amend an Act entitled An Act to fix the compensation for the members of the board of roads and
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revenues of Jefferson County, Georgia, and the clerk of said board, and to repeal so much of the Act approved December 13, 1871, and the Act approved February 20, 1873, as may be in conflict with this Act, which Acts provide for a board of roads and revenues in and for the County of Jefferson; and for other purposes., approved August 12, 1921 (Ga. L. 1921, p. 509), as amended, 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 entitled An Act to fix the compensation for the members of the board of roads and revenues of Jefferson County, Georgia, and the clerk of said board, and to repeal so much of the Act approved December 13, 1871, and the Act approved February 20, 1873, as may be in conflict with this Act, which Acts provide for a board of roads and revenues in and for the County of Jefferson; and for other purposes,, approved August 12, 1921 (Ga. L. 1921, p. 509), as amended, 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 chairman of the board of commissioners of Jefferson County shall be compensated in an amount not less than $225.00 per month nor more than $275.00 per month and the remaining members shall be compensated in an amount not less than $200.00 per month and not more than $250.00 per month. The compensation determined by said board within the limitations herein provided shall be payable in equal monthly installments from the funds of Jefferson County. Salaries. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to change the compensation of the members of the Board of Commissioners of Jefferson County; and for other purposes. This 23rd day of January, 1973. /s/ J. Roy McCracken Representative, 77th District 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 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer which is the official organ of Jefferson County, on the following dates: January 25, February 1, 8, 1973. /s/ J. Roy McCracken Representative, 77th District Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 16, 1973.
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JEFFERSON COUNTYSTATE COURTJUDGE AND SOLICITORSALARIES CHANGED. No. 62 (House Bill No. 686). An Act to amend an Act creating the State Court of Jefferson County (formerly known as the City Court of Louisville), approved August 19, 1911 (Ga. L. 1911, p. 277), 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 Jefferson County (formerly known as the City Court of Louisville), approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, 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 be compensated in an amount not less than $3,900.00 nor more than $5,000.00 per annum to be paid in equal monthly installments, and the solicitor of said court shall be compensated in an amount not less than $3,000.00 nor more than $4,000.00 per annum to be paid in equal monthly installments. Said salaries shall be fixed by the governing authority of Jefferson County within the limitations provided above. Salaries. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a
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bill to revise the compensation of the judge and solicitor of the State Court of Jefferson County (formerly known as the City Court of Louisville); and for other purposes. This 23rd day of January, 1973. /s/ J. Roy McCracken Representative, 77th District /s/ Preston Lewis Representative, 77th District 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 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer which is the official organ of Jefferson County, on the following dates: January 25, February 1, 8, 1973. /s/ J. Roy McCracken Representative, 77th District Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 16, 1973.
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CITY OF LOUISVILLECHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 63 (House Bill No. 688). 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) and by an Act approved March 30, 1971 (Ga. L. 1971, p. 2488) so as to change and 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 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) and by an Act approved March 30, 1971 (Ga. L. 1971, p. 2488) is hereby amended by striking section 16 in its entirety and substituting in lieu thereof a new section 16 to read as follows: Section 16. The corporate limits of the City of Louisville shall be and are hereby defined as the following described territory of Jefferson County: Begin at the confluence of Rocky Comfort Creek and the Ogeechee River; thence proceed in a northerly direction along the east bank of Rocky Comfort Creek for a distance of approximately 6600 feet to the point of intersection of the east bank of Rocky Comfort Creek with the center line of the old steel bridge on the Old Bartow Road, commonly known as the Steel Bridge Road and being an extension of West Broad Street; thence running north 60 degrees 15 minutes east for a distance of 5530.51 feet to a concrete post monument; thence running north 1 degree 31 minutes west for a distance of 1970.95 feet to a point; thence running north 88 degrees 0 minutes 30 seconds east for a distance of 250 feet to a point on the western right-of-way line of U.S. Highway Route 1; thence running north 2 degrees 0 minutes west along the said right-of-way line for a distance
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of 767 feet to a point; thence running north 87 degrees 20 minutes east for a distance of 534.16 feet to a point; thence running south 2 degrees 40 minutes east for a distance of 590 feet to a point; thence running north 87 degrees 20 minutes east for a distance of 221.49 feet to a point; thence running south 2 degrees 40 minutes east for a distance of 230 feet to a point; thence running south 87 degrees 20 minutes west for 384.32 feet to a point; thence running in a southeasterly direction along a circular are of 1594.86 feet radius for an arc distance of 1344.91 feet, said arc having its convex side contiguous to the area hereby enclosed, to a point; thence running south 52 degrees 12 minutes 30 seconds east for a distance of 724.51 feet to a point; thence running in a southeasterly direction along a circular arc of 2224.86 feet radius for an arc distance of 1170.11 feet, said arc having its concave side contiguous to the area hereby enclosed, to a point; thence running south 22 degrees 4 minutes 30 seconds east for a distance of 592.8 feet to a point; thence running north 49 degrees 19 minutes east for a distance of 875.25 feet to a point; thence running north 52 degrees 32 minutes west for a distance of 691.66 feet to a point on the southeastern right-of-way line of the Middleground Road; thence running north 51 degrees 32 minutes east along the southeastern right-of-way line of the Middleground Road for a distance of 568 feet to a point; thence running south 32 degrees 31 minutes east for a distance of 556.75 feet to a point; thence running south 40 degrees 31 minutes east along the northeastern right-of-way line of Price Street for a distance of 781.45 feet to a point; thence running south 51 degrees 45 minutes west along the southeastern right-of-way line of Price Street for a distance of 1463.21 feet to a point; thence running in a southeasterly direction along a circular arc of 3179.79 feet radius for an arc distance of 694.65 feet to a point; thence running south 9 degrees 33 minutes 30 seconds east for a distance of 1885.85 feet to a point; thence running north 53 degrees 36 minutes east for a distance of 115.91 feet to a point; thence running south 36 degrees 24 minutes east for a distance of 248.76 feet to a point; thence running south 20 degrees 17 minutes west for a distance
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of 160.79 feet to a point; thence running north 77 degrees 51 minutes west for a distance of 92.45 feet to a point; thence running south 20 degrees 17 minutes west for a distance of 100.19 feet to a point; thence running south 9 degrees 33 minutes 30 seconds east for a distance of 1553.88 feet to a point; thence running south 88 degrees 4 minutes east for a distance of 490.24 feet to a point on the southwestern right-of-way line of State Highway Route 17; thence running south 59 degrees 37 minutes east along the southwestern right-of-way line of State Highway Route 17 for a distance of 66.4 feet to a point; thence running south 12 degrees 23 minutes west for a distance of 1421.96 feet to a point; thence running south 9 degrees 33 minutes 30 seconds east for a distance of 3477.14 feet to a point; thence running north 74 degrees 30 minutes west for a distance of 6829 feet to a point on the north bank of the Ogeechee River; thence running in a westerly direction along the north bank of the Ogeechee River for a distance of approximately 1100 feet to its confluence with Rocky Comfort Creek, the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a local bill 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 December 17, 1902 (Ga. L. 1902, p. 488) and an Act approved August 24, 1931 (Ga. L. 1931, p. 859) and by an Act approved March 20, 1963 (Ga. L. 1963, pages 2358-2360), so as to expand and to define the corporate limits
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of the City of Louisville; to repeal conflicting laws; and for other purposes. This the 23 day of January, 1973. /s/ J. Roy McCracken Representative, 77th District /s/ Preston Lewis Representative, 77th District 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 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer which is the official organ of Jefferson County, on the following dates: January 25, February 1, 8, 1973. /s/ J. Roy McCracken Representative, 77th District Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 16, 1973.
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JEFFERSON COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 64 (House Bill No. 689). An Act to amend an Act placing the sheriff of Jefferson County upon an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2226), 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 placing the sheriff of Jefferson County upon an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2226), 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 Jefferson County shall be compensated in an amount of not less than $10,000 nor more than $14,000 per annum, to be fixed by the governing authority of Jefferson County. The compensation so fixed shall be paid in equal monthly installments from the funds of Jefferson County. In addition thereto, the sheriff shall receive an additional salary equal to the amount which the sheriff would, but for this Act, be entitled to receive as turnkey fees allowed sheriffs for receiving and discharging prisoners from jail. Said additional amount herein authorized shall be paid monthly. All of the sums herein authorized are hereby determined as salary for said sheriff and said salary shall be paid from the funds of Jefferson County. The sheriff of Jefferson County is hereby authorized to receive rewards which he may be entitled to receive notwithstanding the capacity in which such sheriff was acting at the time of becoming entitled to such rewards and such rewards are hereby determined to be a part of the salary of such sheriff notwithstanding any other salary to which such sheriff is hereby authorized to receive. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved
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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 1973 session of the General Assembly of Georgia, a bill to revise the compensation of the Sheriff of Jefferson County; and for other purposes. This 23rd day of January, 1973. /s/ J. Roy McCracken Representative, 77th District /s/ Preston Lewis Representative, 77th District 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 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer which is the official organ of Jefferson County, on the following dates: January 25, February 1, 8, 1973. /s/ J. Roy McCracken Representative, 77th District Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 16, 1973.
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COOK COUNTYBOARD OF COMMISSIONERSMEMBERSHIP CHANGED, ETC.REFERENDUM. No. 67 (House Bill No. 1172). An Act to amend an Act creating a Board of Commissioners for Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3253) and an Act approved April 24, 1969 (Ga. L. 1969, p. 3408), so as to change the membership of the Board of Commissioners of Cook County; to change the method of electing the members of the Board; to provide for Commissioner Districts; to change the compensation of the members of the Board; to provide for the annual election of the Chairman; to authorize the Board to create the office of County Administrator; to authorize the Board to provide for the powers, duties, qualifications and compensation of the County Administrator by appropriate resolution; to provide that the County Administrator shall serve at the pleasure of the Board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for a special election 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 a Board of Commissioners for Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3253) and an Act approved April 24, 1969 (Ga. L. 1969, p. 3408), 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. There is hereby created in and for the County of Cook a Board of Commissioners consisting of five members to be elected and organized as hereinafter set forth, which Board of Commissioners shall constitute the governing authority of said county and shall exercise the powers, duties and responsibilities herein vested in and imposed
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upon said officers. The term `Board', whenever used herein, shall mean the Board of Commissioners of Cook County, including the Chairman and all members. The members of the Board shall be freeholders and qualified voters of said county and men of good practical business experience. Members. Section 2. Said Act is further amended by striking sections 2 and 2-A in their entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. (a) The members of the Board of Commissioners of Cook County shall be elected by the qualified voters of the entire county, and each candidate for membership on the Board shall be a resident of his Commissioner District, hereinafter created, which he offers to represent. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the Commissioner District for which he offers as a candidate. To be lected as a member of the Board, a candidate must receive the highest number of votes cast and, at the same time, a candidate must receive a majority of the total votes cast. Election. (b) For the purpose of electing members of the Board of Commissioners of Cook County, Cook County is hereby divided into five Commissioner Districts as follows: Commissioner District No. One shall be composed of all that territory contained within the Sparks and River Bend Militia Districts. Commissioner District No. Two shall be composed of all that territory contained within the Cecil and Greggs Militia Districts. Commissioner District No. Three shall be composed of all that territory contained within the Adel Militia District.
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Commissioner District No. Four shall be composed of all that territory contained within the Lenox and Massee Militia Districts. Commissioner District No. Five shall be composed of all that territory contained within the boundaries of Cook County. Section 3. 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 present members of the Board of Commissioners of Cook County shall continue to serve until the expiration of their respective terms of office. The members of the Board created herein to represent Commissioner District Nos. Four and Five shall be elected at a special election to be conducted as hereinafter provided, and their terms of office shall commence on the first day of the month following their election and expire on December 31, 1976. Successors to the present members of the Board and successors of the Board elected to represent Commissioner District Nos. Four and Five shall be elected in subsequent elections conducted on the date of the general election in the year in which their respective terms of office expire. All persons elected at such elections shall take office on the first day of January immediately following their election. Other than elections to fill vacancies for unexpired terms, they shall serve for terms of office of four years each and until their respective successors are duly elected and qualified. Terms. Section 4. Said Act is further amended by striking section 17 in its entirety and inserting in lieu thereof a new section 17, to read as follows: Section 17. (a) The Chairman of the Board of Commissioners shall receive one hundred dollars ($100.00) per month, and the other members of the Board of Commissioners shall each receive seventy-five dollars ($75.00) per month. The Chairman shall be elected at the first regular
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meeting in January of each year on a rotation system, and no member shall be eligible to serve as Chairman until a member has been elected to serve as Chairman from each one of the other four Commissioner Districts. No expenses shall be paid to the Commissioners except for actual expenses incurred by them in carrying on county business while outside Cook County. The last item shall be paid only when authorized by the whole Board and submitted as an itemized statement to the clerk of said Board. The above authorized compensation and expenses shall be paid from the funds of the county each month. Salaries. (b) Any other provisions of this Act to the contrary notwithstanding, the present members of the Board shall continue to receive two hundred fifty dollars ($250.00) per month plus authorized expenses if a member of the Board, or three hundred dollars ($300.00) per month plus authorized expenses if Chairman of the Board until the expiration of their respective terms of office. In the event of a vacancy in the offices of any of the present members of the Board by death, resignation or otherwise, the compensation of the successors of any of such members shall be as provided in subsection (a) of this Section. Section 5. Said Act is further amended by adding a new section, immediately following section 17, to be designated section 17A, to read as follows: Section 17A. The Board is hereby authorized to create, by appropriate resolution, the office of County Administrator. The Board is further authorized to prescribe the powers, duties, qualifications and compensation of the County Administrator. The County Administrator shall serve at the pleasure of the Board. County Administrator. Section 6. 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 Cook County to issue the call for an election for the purpose of submitting this Act to the voters of Cook County for approval or rejection. The Ordinary shall set the date of such election for a day not less than 30 nor
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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 Cook County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act creating a new Board of Commissioners of Cook County consisting of five members by adding two new 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 Cook 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. If this Act shall be approved in the election provided for in Section 6, the Ordinary of Cook County shall issue the call for a special election in not less than 1 or more than 10 days after the date of approval of this Act, for the purpose of electing the two new members of the Board of Commissioners of Cook County provided for herein. 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 Cook County. The expense of such election shall be borne by Cook County. It shall be the duty of the Ordinary to hold
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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. Special election. 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 in the regular 1973 session of the General Assembly of Georgia, a bill to increase the number of Commissioners of Roads and Revenues of Cook County, Georgia, and to change the manner of election of said Commissioners. This act or bill will be introduced at the request of interested citizens. This the 14th day of February, 1973. 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 123rd 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: February 14, 21, 28, 1973. /s/ Grover C. Patten Representative, 123rd District Sworn to and subscribed before me, this 6th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 16, 1973.
Page 2306
LONG COUNTYCLERK FOR SHERIFF PROVIDED, ETC. No. 68 (House Bill No. 1182). An Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of fees, approved February 28, 1963 (Ga. L. 1963, p. 2021), as amended, particularly by an Act approved March 1, 1968 (Ga. L. 1968, p. 2101) so as to provide for a clerk 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 Long County on an annual salary in lieu of fees, approved February 28, 1963 (Ga. L. 1963, p. 2021), as amended, particularly by an Act approved March 1, 1968 (ga. L. 1968, p. 2101) is hereby amended by adding a new paragraph at the end of section 1 to read as follows: The sheriff shall also be authorized to employ a clerk and said clerk shall have such duties and responsibilities as shall be assigned to him by the sheriff. The sheriff shall be authorized to designate and name said clerk as a deputy at his discretion. Said clerk shall receive an annual salary of not less than $6,000.00 nor more than $6,600.00, to be fixed by the governing authority of Long County within such limitations, and to be paid in equal monthly installments from the funds of Long County. Clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. It appearing that the past two Consecutive Grand Juries for Long County have recommended that the Sheriff's Department have clerical help, therefore: Notice is hereby given that there will be introduced in the regular session of the General Assembly of Georgia in 1973
Page 2307
a local bill to provide for the Sheriff of Long County, Georgia, to have the authority to appoint a Clerk, to provide for the duties of said Clerk, and set the Compensation for said Clerk. This 13th Day of February, 1973. Rep. Donald H. Fraser Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donald H. Fraser 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 Ludowici News which is the official organ of Long County, on the following dates: February 15, 22, March 1, 1973. /s/ Donald H. Fraser Representative, 117th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 16, 1973. CERTAIN SHERIFF'S COMPENSATION PROVIDED (5,7505,800). No. 81 (House Bill No. 999). An Act to provide for the compensation of the sheriff of all counties in the State having a population of not less than
Page 2308
5,750 and not more than 5,800 according to the United States Decennial Census of 1970 or any future such 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. The sheriff in each county of the State having a population of not less than 5,750 and not more than 5,800, according to the United States Decennial Census of 1970 or any future such census, shall be paid an annual salary of not less than $7,500.00 and not more than $12,000.00 in equal monthly installments from county funds. The governing authority of each such county shall determine and set the sheriff's salary at a figure within the range provided herein. 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. Approved March 28, 1973. CERTAIN COUNTY JUDGESCOMPENSATION PROVIDED (500,000 OR MORE). No. 82 (House Bill No. 1183). An Act to fix the salaries of certain judges of certain courts within certain counties; to provide for the minimum annual compensation of such judges; to provide that said compensation of such judges shall be fixed and determined by the governing authorities of such counties within certain
Page 2309
limitations; to provide for an effective date of said Act; 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, the annual compensation of each Judge of the Criminal Court, each Judge of the Civil Court, each Judge of the Juvenile Court, and the Judge of the Court of Ordinary of all counties of this State having a population in excess of 500,000 according to the 1970 United States decennial census, or any such future census, for their services as such shall be fixed and determined by the respective governing authority of such county; provided, however, the annual compensation of each such judge shall be not less than $30,500.00 per year, and said annual salary for each of said judges shall be paid in equal monthly installments. Salaries. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 28, 1973. CHATTOOGA COUNTYCOMPENSATION OF SUPERIOR COURT DEPUTY CLERK PROVIDED, ETC. No. 87 (House Bill No. 633). An Act to amend an Act placing the Clerk of the Superior Court of Chattooga County upon an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 2991), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2776), so as to change the compensation of the deputy clerk and to delete authorization for additional
Page 2310
clerical help; to provide 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 upon an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 2991), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2776), 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 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 $5,000.00 per annum, which compensation shall be paid in equal monthly installments from the funds of Chattooga County. Salary. Section 2. This Act shall become effective on April 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 1973 Session of the General Assembly of Georgia, a bill to change the compensation of the Deputy Clerk in the office of the Clerk of the Superior Court of Chattooga County; to change the provisions relating to additional help in the office of the Clerk; and for other purposes. This 16th day of January, 1973. James H. Sloppy Floyd Representative, 5th District
Page 2311
Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Sloppy Floyd 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 Summerville News which is the official organ of Chattooga County, on the following dates: January 18, 25, 1973 and February 1, 1973. /s/ James Sloppy Floyd Representative, 5th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 28, 1973. CITY OF SUMMERVILLECHARTER AMENDEDSTREET CLOSED. No. 88 (House Bill No. 634). An Act to amend an Act consolidating all of the laws chartering the City of Summerville, in the County of Chattooga, and granting a new charter to said city, approved March 28, 1961 (Ga. L. 1961, p. 2658), as amended, particularly by an Act approved April 1, 1965 (Ga. L. 1965, p. 3173), an Act approved March 27, 1972 (Ga. L. 1972, p. 2695), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3488), so as to close a certain tract or parcel of land which is a portion of Favor Street; to transfer the public right, interest
Page 2312
and title therein; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating all of the laws chartering the City of Summerville, in the County of Chattooga, and granting a new charter to said city, approved March 28, 1961 (Ga. L. 1961, p. 2658), as amended, particularly by an Act approved April 1, 1965 (Ga. L. 1965, p. 3173), an Act approved March 27, 1972 (Ga. L. 1972, p. 2695), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3488), is hereby amended by inserting, following section 35B, a new section to be designated section 35C, to read as follows: Section 35C. All that tract or parcel of land, being a portion of Favor Street which is a part of the Old Dixie Highway, more particularly described as follows: Beginning at a point on the west side of South Terminus of Favor Street where same intersects U. S. Highway No. 27; thence east 30 feet to the east line of Favor Street; thence in a northeasterly direction 160 feet along east line of Favor Street; thence west 30 feet to the west side of Favor Street; thence in a southwesterly direction 160 feet to the point of beginning and intersection of Favor Street with east side of U. S. Highway No. 27. Said property lying and being in the 6th District and 4th Section of Chattooga County, Georgia and being a portion of Land Lot No. 51, is hereby closed. All of the right, title and interest of the public in said portion of Favor Street is hereby transferred to the property owners abutting said portion of Favor Street on the east and west. 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 1973 Session of the General Assembly of Georgia, a
Page 2313
bill to amend an Act granting a new charter to the City of Summerville, approved March 28, 1961 (Ga. L. 1961, p. 2658), as amended, so as to close a portion of Favor Street; to transfer the public right, title and interest therein; to repeal conflicting laws; and for other purposes. This 16th day of January, 1973. James H. Sloppy Floyd Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Floyd 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 Summerville News which is the official organ of Chattooga County, on the following dates: January 18, 25, February 1, 1973. /s/ James Floyd Representative, 5th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State a Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 28, 1973.
Page 2314
CHATTOOGA COUNTYCOMPENSATION OF ORDINARY CHANGED, ETC. No. 89 (House Bill No. 635). An Act to amend an Act placing the Ordinary of Chattooga County upon an annual salary, approved April 5, 1961 (Ga. L. 1961, p. 3491), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2779), so as to change the compensation of the Ordinary and his clerical help; to provide 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 upon an annual salary, approved April 5, 1961 (Ga. L. 1961, p. 3491), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2779), is hereby amended by striking from subsection (a) of section 1 the following: $8,000.00 per annum, and substituting in lieu thereof the following: $10,000 per annum, plus the additional sum to which he may be entitled under the provisions of subsection (b) of this Section,, and by striking from subsection (b), wherever it shall appear, the following: $12,000.00 and substituting in lieu thereof the following: $14,000.00, so that when so amended, section 1 shall read as follows: Section 1. (a) The Ordinary of Chattooga County shall receive a salary of $10,000 per annum, plus the additional
Page 2315
sum to which he may be entitled under the provisions of subsection (b) of this section, 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 $14,000 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 $14,000.00 per annum. Section 2. Said Act is further amended by striking from section 3 the following: three thousand eight hundred dollars ($3,800.00) and substituting in lieu thereof the following: $6,800.00, so that when so amended, section 3 shall read as follows: Section 3. The Ordinary may appoint such clerical help as he deems necessary. However, not more than $6,800.00 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 April 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 regular 1973 Session of the General Assembly of Georgia, a
Page 2316
bill to change the compensation of the Ordinary of Chattooga County; to change the provisions relating to employees in the office of the Ordinary; and for other purposes. This 16th day of January, 1973. James H. Sloppy Floyd Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Sloppy Floyd 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 Summerville News which is the official organ of Chattooga County, on the following dates: January 18, 25, February 1, 1973. /s/ James Sloppy Floyd Representative, 5th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 28, 1973.
Page 2317
CHATTOOGA COUNTYCOMPENSATION OF DEPUTY SHERIFF CHANGED, ETC. No. 90 (House Bill No. 636). 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, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2782), so as to change the compensation of the deputy sheriffs and 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, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2782), is hereby amended by striking from section 2 the following: $6,500, $6,100 and $5,300 and substituting in lieu thereof the following: $7,000, `$6,600 and $5,800, 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 $7,000 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 not to exceed $6,600 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 $5,800 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
Page 2318
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. Salary. Section 2. This Act shall become effective on April 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 1973 Session of the General Assembly of Georgia, a bill to change the compensation of personnel in the office of the Sheriff of Chattooga County; and for other purposes. This 16th day of January, 1973. James H. Sloppy Floyd Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Sloppy Floyd 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 Summerville News which is the official organ of Chattooga County, on the following dates: January 18, 25, February 1, 1973. /s/ James Sloppy Floyd Representative, 5th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 28, 1973.
Page 2319
CITY OF MENLOCHARTER AMENDEDMAYOR'S COURT JUDGE. No. 91 (House Bill No. 637). An Act to amend an Act incorporating the City of Menlo, approved August 11, 1903 (Ga. L. 1903, p. 588), as amended, so as to authorize the Mayor to appoint a qualified person to serve as the Judge of the Mayor's Court; to provide for the powers, duties and responsibilities of the Judge; to provide for the compensation of the Judge; 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 Menlo, approved August 11, 1903 (Ga. L. 1903, p. 588), as amended, is hereby amended by adding between sections 7 and 8 a new section, to be known as section 7A, to read as follows: Section 7A. The Mayor may, in his discretion, appoint a qualified person to serve as the Judge of the Mayor's Court of the City of Menlo. The Judge of such court shall have and may exercise all the powers, duties and responsibilities of the Mayor when sitting as the Judge of said court. The Mayor and Council shall provide, by ordinance, for the compensation to be received by the Judge. Judge. 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 1973 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Menlo, so as to
Page 2320
authorize the Mayor to appoint a judge of the Mayor's Court of said city; and for other purposes. This 16th day of January, 1973. James H. Sloppy Floyd Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Sloppy Floyd 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 Summerville News which is the official organ of Chattooga County, on the following dates: January 18, 25, February 1, 1973. /s/ James Sloppy Floyd Representative, 5th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 28, 1973. CHATTOOGA COUNTYDEPUTY TAX COMMISSIONERSALARY CHANGED. No. 92 (House Bill No. 638). An Act to amend an Act creating the office of Tax Commissioner of Chattooga County, approved March 21, 1968
Page 2321
(Ga. L. 1968, p. 2492), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2788), so as 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, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2788), is hereby amended by striking from section 4 the following: four thousand, five hundred dollars ($4,500.00) and substituting in lieu thereof the following: $5,000.00, so that when so amended, section 4 shall read as follows: Section 4. The Tax Commissioner is authorized to appoint a deputy to assist him in the performance of his duties. Such deputy shall be compensated in the amount of $5,000.00 per annum, payable in equal monthly installments from the funds of Chattooga County. The Tax Commissioner is authorized to employ such additional personnel to assist him in discharging the official duties of his office as he shall deem proper. The compensation of such additional personnel shall be paid from county funds. However, the total compensation to be paid by the county for all such additional personnel shall not exceed eighteen hundred dollars ($1,800.00) during any one calendar year. All expenses incurred by the Tax Commissioner in operating and discharging the official duties of his office, except as herein provided, including, but not limited to, office equipment, supplies, fixtures, and utility expenses, shall be paid by the county from county funds. Salary. Section 2. This Act shall become effective on April 1, 1973. Effective date.
Page 2322
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 1973 Session of the General Assembly of Georgia, a bill to change the compensation of the Deputy in the office of Tax Commissioner of Chattooga County; and for other purposes. This 16th day of January, 1973. James H. Sloppy Floyd Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Sloppy Floyd 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 Summerville News which is the official organ of Chattooga County, on the following dates: January 18, 25, February 1, 1973. /s/ James Sloppy Floyd Representative, 5th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Approved March 28, 1973.
Page 2323
CHATTOOGA COUNTYCOMPENSATION OF COMMISSIONER CHANGED, ETC. No. 93 (House Bill No. 639). 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, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2774), so as to change the compensation of the Commissioner and his clerk and the warden of the 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, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2774), is hereby amended by striking from subsection (a) of section 5 the following: $10,000.00 per annum, and substituting in lieu thereof the following: $10,700.00 per annum, plus the additional sum to which he may be entitled under the provisions of subsection (b) of this Section,, so that when so amended, section 5 shall read as follows: Section 5. (a) The Commissioner shall be compensated in the amount of $10,700.00 per annum, plus the additional sum to which he may be entitled under the provisions of subsection (b) of this Section, 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
Page 2324
for expenses incurred at attendance upon meetings of the County Commissioners Association. 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 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 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. Section 2. Said Act is further amended by striking from section 6 the following: $4,500.00 and substituting in lieu thereof the following: $5,000.00, so that when so amended, section 6 shall read as follows: Section 6. The Commissioner is hereby authorized to employ a clerk and fix the compensation therefor, but not to exceed the sum of $5,000.00 per annum, to be paid in equal monthly installments from the funds of Chattooga County. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the Commissioner, to keep the books of the county, and to discharge such other duties as the Commissioner may prescribe. Clerk. Section 3. Said Act is further amended by striking from section 7 the following: $6,300.00
Page 2325
and substituting in lieu thereof the following: $6,800.00, so that when so amended, section 7 shall read as follows: Section 7. The Commissioner is hereby authorized to employ a warden of the county public works camp and fix the compensation therefor, but not to exceed the sum of $6,800.00 per annum, to be paid in equal monthly installments from the funds of Chattooga County. The warden shall devote his full time to the duties of his office. Warden. Section 4. This Act shall become effective on April 1, 1973. 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 1973 Session of the General Assembly of Georgia, a bill to change the compensation of the County Commissioner 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 16th day of January, 1973. /s/ James H. Sloppy Floyd Representative, 5th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Sloppy Floyd 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
Page 2326
Summerville News which is the official organ of Chattooga County, on the following dates: January 18, 25, February 1, 1973. /s/ James Sloppy Floyd Representative, 5th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 28, 1973. EMANUEL COUNTYCOMPENSATION OF ORDINARY CHANGED. No. 95 (House Bill No. 316). An Act to amend an Act placing the Ordinary of Emanuel County on a salary basis in lieu of a fee basis, approved February 6, 1970 (Ga. L. 1970, p. 2013), 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 Emanuel County on a salary basis in lieu of a fee basis, approved February 6, 1970 (Ga. L. 1970, p. 2013), is hereby amended by striking from section 2 the following: $7,200, and inserting in lieu thereof the following: $9,600, so that when so amended section 2 shall read as follows: Section 2. The Ordinary of Emanuel County shall receive an annual salary of $9,600, payable in equal monthly installments from the funds of Emanuel County. Salary.
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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 1973 Session of the General Assembly of Georgia, a bill to amend an Act abolishing the fee system of compensation for the Ordinary of Emanuel County, approved February 6, 1970 (Ga. L. 1970, p. 2013); and for other purposes. This 18th day of December 1972. H. Kelmer Durden Ordinary, 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: Dec. 20, 1972; Dec. 27, 1972; and Jan. 3, 1973. /s/ William C. Rogers President, Forest Blade Publishing Company, Inc. Sworn to and subscribed before me, this 12th day of January, 1973. /s/ Ruby Fagler Notary Public. (Seal). Approved March 29, 1973.
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WHEELER COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 96 (House Bill No. 30). An Act to amend an Act providing an annual salary for the sheriff of Wheeler County in lieu of the fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2970) so as to change the provisions relative to the salary of the sheriff; to authorize the sheriff to employ a jailer who shall be paid from county funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the sheriff of Wheeler County in lieu of the fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2970) 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 Wheeler County. Salary. 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: Section 4A. In addition to personnel provided for by Section 4 of this Act, the sheriff shall be authorized to employ a jailer and fix his compensation at not to exceed $300.00 per month. The compensation of such jailer shall be paid from the funds of Wheeler County. Jailer.
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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 1973 session of the General Assembly of Georgia, a bill affecting the office of sheriff of Wheeler County, pertaining to his duties, compensation, expenses of operating the jail, to repeal conflicting laws, and for other purposes. This 15th day of December, 1972. L. L. Pete Phillips Representative, 103rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: December 22, 29, 1972 January 5, 1973. /s/ L. L. Pete Phillips Representative, 103rd District Sworn to and subscribed before me, this 9th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973.
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BACON COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 99 (House Bill No. 510). An Act to amend an Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2213), so as to change the minimum annual salary of the sheriff; to change the daily fee for feeding prisoners; to authorize the sheriff to appoint two deputies; to provide for a minimum salary for deputies; to authorize the sheriff to appoint a secretary and a jailer; to fix the compensation of the secretary and the jailer; to authorize the sheriff to appoint full-time or part-time deputies; to provide that said deputies shall receive only such compensation as shall be agreed upon by a majority vote of the governing authority of Bacon County; to provide that uniforms shall be furnished to the sheriff and his deputies and paid for out of the funds of Bacon County; to authorize the governing authority of Bacon County to increase or decrease the salaries of the sheriff, his deputies and other personnel under certain conditions; 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 Bacon County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2213), 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 Bacon County shall receive an annual salary of not less than $10,000.00 the exact amount to be determined by the governing authority of Bacon County. The sheriff shall be paid in equal monthly installments from the funds of Bacon County. The sheriff shall also receive from county funds, for each prisoner confined in the county jail, $2.25 per day to feed said Prisoners. Salary.
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Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The sheriff of Bacon County shall have the sole power and authority to appoint two deputies to assist him in the performance of the duties of his office. Both deputies shall be compensated in an amount of not less than $6,600.00 per annum each, the exact amount to be determined by a majority vote of the governing authority of Bacon County. The sheriff shall also have the authority to appoint a secretary and a jailer. The secretary shall be compensated in the amount of not less than $3,900.00 per annum, and the jailer shall be compensated in the amount of not less than $2,400.00 per annum, the exact amount of such salaries to be determined by a majority vote of the governing authority of Bacon County. Both deputies, the secretary and the jailer shall be paid in equal monthly installments from the funds of Bacon 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, secretary and jailer and to prescribe their duties and assignments and to remove or replace such deputies, secretary and jailer at will and within his sole discretion. Deputies. Personnel. Section 3. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. The sheriff shall be authorized to appoint as many additional full-time or part-time deputies as he deems necessary, but said deputies shall receive only such compensation as shall be agreed upon by a majority vote of the governing authority of Bacon County. Additional Deputies. 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:
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Section 6. Bacon County shall furnish not less than three automobiles to the sheriff and his deputies, which automobiles shall be the property of Bacon County. Such automobiles shall be used for official business, and the gas, oil and upkeep of said automobiles shall be paid from the funds of Bacon County. The expenses of the office of the sheriff, such as desks, paper, supplies, bullets, radio equipment, stamps, uniforms, advertising and telephones, shall be furnished and paid for from the funds of Bacon County. Other usual incidentals of the sheriff's office must be approved by the governing authority of Bacon County. Expenses. Section 5. Said Act is further amended by adding a new section, immediately following section 6, to be designated section 6A, to read as follows: Section 6A. The salaries specified in this Act are not absolute but are only base salaries and may be increased or decreased in January of each year by the governing authority of Bacon County to reflect an increase or decrease in the Cost of Living Index during the preceding calendar year. The Cost of Living Index provided for herein shall be the Cost of Living Index published by the United States Department of Labor. Base salaries. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2213), so as to change the minimum annual salary of the sheriff; to change the daily fee for feeding prisoners; to authorize the sheriff to appoint two deputies; to provide for a minimum salary for the deputies; to authorize the sheriff to appoint a secretary and a jailer; to fix the compensation of the secretary and the jailer; to authorize the sheriff to appoint full-time or part-time deputies; to provide that said deputies
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shall receive only such compensation as shall be agreed upon by a majority vote of the governing authority of Bacon County; to provide that uniforms shall be furnished to the sheriff and his deputies and paid for out of the funds of Bacon County; to authorize the governing authority of Bacon County to increase or decrease the salaries of the sheriff, his deputies and other personnel under certain conditions; and for other purposes. This 13th day of December, 1973. Bobby Wheeler Representative, 127th 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 127th 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: December 21, 28, 1972 and January 4, 1973. /s/ Bobby A. Wheeler Representative, 127th District Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 29, 1973.
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BACON COUNTYCOMPENSATION OF COMMISSIONERS CHANGED, ETC. No. 100 (House Bill No. 511). An Act to amend an Act creating a Board of Commissioners for Bacon County, Georgia, approved April 2, 1963 (Ga. L. 1963, p. 2665), so as to provide for a change in the compensation of the Chairman and other members of the Board 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 a Board of Commissioners for Bacon County, Georgia, approved April 2, 1963 (Ga. L. 1963, p. 2665), 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. Compensation: The compensation of the Chairman of the Board shall be not less than $4,000.00 nor more than $8,000.00 per annum, to be determined by the unanimous vote of the members of the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County. The compensation of each of the other members of said Board, other than the Chairman, shall be not less than $900.00 nor more than $1,200.00 per annum, to be determined by the unanimous vote of the Board of Commissioners of Bacon County, to be paid in equal monthly installments out of the funds of Bacon County. The Chairman and the other members of the Board shall also be allowed mileage at the rate of 8 cents per mile to and from their homes to the county courthouse to attend regular and special meetings of the Board, payable monthly out of the funds of Bacon County. In addition thereto, the Chairman and the other members of the Board shall be entitled to reimbursement from the county for the actual expenses incurred for them while engaged in county business, which said claim for expenses shall be accompanied by an affidavit executed by each of such members,
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swearing that the same is true and correct and was expended by them in pursuance of county business. Compensation. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners for Bacon County, Georgia, approved April 2, 1962 (Ga. L. 1963, p. 2665), so as to provide for a change in the compensation of the Chairman and other members of the Board under certain conditions; and for other purposes. This 13th day of December, 1972. Bobby Wheeler Representative, 127th 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 127th 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: December 21, 28, 1972 and January 4, 1973. /s/ Bobby Wheeler Representative, 127th District Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved March 29, 1973.
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BACON COUNTYSECRETARY MAY BE PROVIDED FOR ORDINARY. No. 101 (House Bill No. 513). An Act to authorize the Ordinary of Bacon County to appoint a full time secretary to assist him in the performance of the duties of his office with the approval of a majority of the governing authority of Bacon County; to provide that the compensation of the secretary shall be fixed by a majority vote of the governing authority of Bacon County within a certain limitation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Ordinary of Bacon County shall have the sole power and authority to appoint a full-time secretary to assist him in the performance of the duties of his office with the approval of a majority of the governing authority of Bacon County, and such secretary shall receive such compensation as shall be agreed upon by a majority vote of the governing authority of Bacon County, but the compensation of such secretary shall not be less than $3,900.00 per annum and shall be paid on a weekly basis from the funds of Bacon County. Secretary. 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 1973 Session of the General Assembly of Georgia, a bill to authorize the Board of Commissioners of Bacon County to furnish secretarial assistance to the Ordinary of
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Bacon County; to provide for all matters relative thereto; and for other purposes. This 13th day of December, 1972. Bobby Wheeler Representative, 127th 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 127th 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: December 21, 28, 1972 and January 4, 1973. /s/ Bobby Wheeler Representative, 127th District Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. BACON COUNTYSMALL CLAIMS COURT CREATED. No. 102 (House Bill No. 514). An Act to create and establish a Small Claims Court in and for Bacon County; to prescribe the jurisdiction of said
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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 provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said Court and the penalty therefor; to provide for the furnishing of certain law books to said Court; to provide for validating 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 a Small Claims Court in and for Bacon County. Said Court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by the laws of the State of Georgia. Creation. Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Bacon County, at least twenty-two years of age, have completed a high school education or equivalent and must be a person of outstanding character and integrity. Judge.
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All other officers, now or hereafter provided, appointed to, or employed by said Court must be at least twenty-one years of age and must be residents of the county. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Bacon 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 substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Same, 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 shall be compensated if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The 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. (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
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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 to the sender by United States postal authorities marked refusal, giving the date of refusal, and such notation of refusal is signed or initialed by a United States postal 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
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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. (a) The plaintiff, when he files his claim, shall deposit the sum of $7.50 with the Court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of Court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. Costs. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said Court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $7.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. 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
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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. 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, 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. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered, but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Same. Section 13. The judge of the Superior Court of Bacon 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 the power to prescribe, modify and improve the forms to be used therein to insure the
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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 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. 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. Lien. Section 16. Appeals may be had from judgments returned in the Small Claims Court to the Superior Court, and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the Superior Court, the same to be a de novo appeal. Appeal. Section 17. Until otherwise provided by the rules of the Court, the statement of claim, verification, and notice shall
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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 Bacon County
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Section 18. The Grand Jury empanelled on the effective date of this Act shall appoint a duly qualified person to serve as the judge of said Court until December 31, 1974, and until his successor is duly appointed and qualified. Thereafter, the November Grand Jury in even-numbered years shall appoint a successor to the judge of said Court for a term of office of two years and until his successor is duly appointed and qualified. The judge of said Court shall assume office on the first day of January following his appointment. Judge. 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. Courtroom. Section 20. The State Librarian is hereby authorized and directed to furnish all available volumes of Georgia Laws to the Small Claims Court, without cost to the Court or the county. Ga. Laws. 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.
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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 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 $5.00, 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%) on all sums over that amount, with a minimum of $5.00. Fees. Section 25. 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
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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 26. All laws and parts of laws in conflict 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 1973 Session of the General Assembly of Georgia, a bill to create a Small Claims Court for Bacon County; to provide for all matters relative to the foregoing; and for other purposes. This 13 day of December, 1972. Bobby Wheeler Representative, 127th 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 127th 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,
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on the following dates: December 21, 28, 1972 and January 4, 1973. /s/ Bobby Wheeler Representative, 127th District. Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. SUMTER COUNTYCOMPENSATION OF JUDGE CHANGED, ETC. No. 103 (House Bill No. 738). An Act to amend an Act creating the State Court of Sumter County, formerly the Civil and Criminal Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2425), and an Act approved April 9, 1968 (Ga. L. 1968, p. 3428), 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 Sumter County, formerly the Civil and Criminal Court of Sumter County, approved November 22, 1900 (Ga. L. 1900, p. 93), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2425), and an Act approved April 9,
Page 2350
1968 (Ga. L. 1968, p. 3428), is hereby amended by striking from section 5A the following: $12,000, and inserting in lieu thereof the following: $13,500, so that when so amended, section 5A shall read as follows: Section 5A. The salary of the judge of the State Court of Sumter County shall be $13,500 per annum, payable in equal monthly installments from the funds of Sumter County. Judge. Section 2. Said Act is further amended by striking from section 6A the following: sixty-five hundred dollars ($6,500.00) per annum, and inserting in lieu thereof the following: $8,500 per annum, so that when so amended, section 6A shall read as follows: Section 6A. The solicitor of the State Court of Sumter County shall receive an annual salary of $8,500 per annum, payable in equal monthly installments from the funds of Sumter County. 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.
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Legal Notice. Notice is hereby given that at the January, 1973, session of the General Assembly of Georgia a bill will be introduced to be entitled an Act to adjust the salary of the Judge of the State Court of Sumter County, Georgia. /s/ Crisp Oxford, P.A. Attorneys at Law 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 101st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: December 22, 29, 1972 and January 5, 1973. /s/ Oliver Oxford Representative, 101st District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Legal Notice. Notice is hereby given that at the January, 1973, session of the General Assembly of Georgia a bill will be introduced to be entitled An Act to Adjust the salary of the Solicitor of the State Court of Sumter County, Georgia.
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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 101st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: December 30, 1972 and January 6, 13, 1973. /s/ Oliver Oxford Representative, 101st District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. SUMTER COUNTYCOMPENSATION OF ORDINARY CHANGED. No. 104 (House Bill No. 739). An Act to amend an Act placing the Ordinary of Sumter County upon an annual salary, approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2215), as amended by an Act approved February 26, 1962 (Ga. L. 1962, p. 2246), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2563), 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:
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Section 1. An Act placing the Ordinary of Sumter County upon an annual salary, approved February 10, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2215), as amended by an Act approved February 26, 1962 (Ga. L. 1962, p. 2246), and an Act approved February 28, 1966 (Ga. L. 1966, p. 2563), 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 of the Ordinary of Sumter County shall be $8,600.00 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. Legal Notice. Notice is hereby given that a bill will be introduced at the next session of General Assembly of the State of Georgia to adjust the salary of the Ordinary of Sumter County, Georgia. 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 101st 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
Page 2354
of Sumter County, on the following dates: January 5, 12, 19, 1973. /s/ Oliver Oxford Representative, 101st District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. SUMTER COUNTYCOMPENSATION OF TREASURER CHANGED. No. 105 (House Bill No. 740). An Act to amend an Act fixing the compensation of the Treasurer of Sumter County, approved August 7, 1917 (Ga. L. 1917, p. 309), as amended, particularly by an Act approved March 31, 1967 (Ga. L. 1967, p. 2403), so as to change the compensation of the Treasurer 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 fixing the compensation of the Treasurer of Sumter County, approved August 7, 1917 (Ga. L. 1917, p. 390), as amended, particularly by an Act approved March 31, 1967 (Ga. L. 1967, p. 2403), is hereby amended by striking section 1 in its entirety, and inserting in lieu thereof a new section 1, to read as follows:
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Section 1. The Treasurer of Sumter County, Georgia, shall receive, as full compensation for his duties in lieu of any and all fees, commissions or emoluments whatsoever, now received by him, a salary of $5,400.00 per annum, payable in equal monthly installments at the end of each calendar month, out of the funds of the 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. Legal Notice. Notice is hereby given that at the January, 1973, session of the General Assembly of Georgia a Bill will be introduced to be entitled an Act to adjust the salary of the Treasurer of Sumter County, Georgia. 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 101st 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 5, 12, 19, 1973. /s/ Oliver Oxford Representative, 101st District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973.
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CITY OF ATHENSCHARTER AMENDEDMERIT SYSTEM FOR EMPLOYEES AUTHORIZED ETC.REFERENDUM. No. 106 (House Bill No. 791). An Act to amend 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 amended, so as to provide a Civil Service Commission for the City of Athens, to place the Fire Department and the Police Department under said commission, to provide for the personnel of said Commission and for the rules and regulations governing said commission, and for other purposes, approved July 31, 1918, as amended, particularly by an Act No. 434 (H. B. 588) approved February 25, 1949 (Ga. L. 1949, p. 1856) an Act No. 137 (H.B. 199) approved March 9, 1959 (Ga. L. 1959, p. 2376) by repealing said Acts and by deleting the provisions pertaining to the Civil Service Commissioners as contained in Act No. 666 (H.B. 1004) approved April 10, 1971 (Ga. L. 1971, p. 3650) so as to abolish the Civil Service Commission for the City of Athens as of a date specified; to amend 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 amended by the various Acts amendatory thereof, so as to provide for the creation of a Merit System for the City of Athens, including the establishment of a Personnel Board for the City of Athens; to provide for the powers, duties, and responsibilities of said Personnel Board; 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 establishing a Civil Service Commission for the City of Athens approved July 31, 1918 (Ga. L. 1918, p. 528 (No. 287)), the title of said Act being An Act to amend an Act entitled `An Act to amend the charter of the Town of Athens and the various Acts amendatory
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thereof', approved August 24, 1872, so as to provide a Civil Service Commission for the City of Athens, to place the Fire Department and the Police Department of said City under said commission, to provide for the personnel of said commission, for the rules and regulations governing said commission, approved July 31, 1918, as amended by an Act No. 434 (H.B. 588) approved February 25, 1949 (Ga. L. 1949, p. 1856) and by an Act No. 137 (H.B. 199) approved March 9, 1959 (Ga. L. 1959, p. 2376) are hereby repealed as of the 1st day of July, 1973, and said Civil Service Commission for the City of Athens as provided by the aforesaid Acts is hereby abolished as of such effective date and the following portion of section 2 of Act amendatory thereof (Act No. 666, H.B. 1004) as approved April 10, 1971 (Ga. L. 1971, p. 3650) is hereby deleted effective July 1, 1973, to-wit: ... All civil service commissioners for the City of Athens shall serve out their term of office to which elected., and and the civil service commissioners, and and civil service commissioners, so that the last sentence of said section 2 of said Act shall read: The successors of the aldermen shall be elected in accordance with the provisions of law now existing with respect to the election of aldermen for the City of Athens. Civil Service Com. Abolished. All of the records, minutes, and other documents of said Civil Service Commission for the City of Athens shall be turned over by said Board and its Clerk to the Personnel Board hereinafter named. The said Civil Service Commission and its members and officers are hereby directed to cooperate in every manner possible with the Personnel
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Board, Personnel Director, and Department Heads with respect to information concerning their official acts while acting as members of said Civil Service Commission. The rules and regulations heretofore adopted by said Civil Service Commission are continued in full force and effect with respect to the Police and Fire Departments until the same are repealed or modified by the Personnel Board for the City of Athens in the manner herein provided. Any violations or liabilities incurred under said rules or regulations shall be dealt with by the appropriate Department Head unless otherwise specified by the rules and regulations as adopted by the Personnel Board and approved by the governing authority of the City. 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 amended by the various Acts amendatory thereof, is hereby amended by adding thereto the following provisions: (a) There is hereby established a Merit System for the City of Athens effective July 1, 1973, which shall include a Personnel Board as provided herein. Said Board shall consist of five (5) members. The City Council of The Mayor and Council of the City of Athens shall appoint all members to said Board, including filling any vacancy for an unexpired term, subject to the approval of the Grand Jury of Clarke County. The Grand Jury of Clarke County shall approve or reject all appointments of the Personnel Board of the City of Athens and upon rejection the City Council shall submit the name of a qualified person or persons until approval is obtained from said Grand Jury. No person shall be eligible to serve as a member unless he shall be a citizen of the United States; unless he shall have attained the age of twenty-one (21) years at the beginning of his term; unless he shall have been a resident of the City of Athens two (2) years immediately preceding taking office and shall continue to reside therein during said term of office; unless he shall be free of any conviction or plea of nolo contendere for violations of the laws of the United States, State of Georgia, or other state, which acts involve moral turpitude; nor shall any city employee or elected
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official be eligible to serve as a member. The office of a member shall become vacant upon his death, resignation, removal of residence from the City of Athens, removal from office as authorized by this Act or laws of the State of Georgia; or failure to maintain qualifications during term of office. Merit System. (b) The Personnel Board for the City of Athens shall consist of five (5) members. The initial term of office shall commence on July 1, 1973 for respective periods of one, two, three, four, and five years with the City Council designating the initial term. Thereafter the term of office shall be for a period of five (5) years from the date of the expiration of the initial term for which appointed. No member shall be eligible to serve more than one four-year term and one five-year term or two five-year terms without one year intervening between such service. Each member shall hold office until his successor is appointed and qualified. No member of the Personnel Board for the City of Athens shall serve or be eligible to serve on any other board or commission of the City of Athens during the time of his service on said Board. A member of the Personnel Board of the City of Athens may be removed by the governing authority only for cause after being given a copy of written charges against him and afforded an opportunity to be heard on such charges before the City Council of said city. Cause shall be construed to mean failure to maintain prescribed qualifications, mental or physical incapacity to act, dereliction of duty, misfeasance, nonfeasance, or malfeasance in office, and absence from more than two regular meetings of Board without just cause or proper excuse by Board. Upon indictment of any member during his term of office by a Grand Jury for a criminal offense involving moral turpitude, such member shall be suspended from his duties as a member of such Board until a final disposition of said charges. If exonerated, said member may assume his duties for the balance of his term of office, if any, plus recovering back pay. If convicted, a vacancy shall be deemed to have occurred as of the date of his indictment for said offense. The Board shall elect one of its members to act as Chairman for a term of one year and one member to act
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as Vice-Chairman for the same term. Each member of the Personnel Board for the City of Athens shall receive the sum of $50.00 for each meeting attended and any actual necessary travel expense; provided, the compensation, exclusive of travel, of each member in any one year, shall not exceed $1,000.00 per annum. Personnel Board. (c) Objectives of the Personnel Board for the City of Athens; Meetings; Quorum. The Personnel Board for the City of Athens shall be responsible for representing the public interest in the carrying out of its duties with respect to the Merit System for the City of Athens. Said Board shall hold at least one regular meeting each month and may from time to time hold additional meetings as may be required. Three (3) members of said Board shall constitute a quorum for the transaction of business. All meetings of said Board shall be held at the City Hall in space provided by the governing authority of the City of Athens. Objectives. (d) The Duties and Functions of the Personnel Board for the City of Athens shall be as follows: (1) To hold public hearings regarding proposed rules and regulations and standards of the Merit System, and thereafter recommend to the governing authority of the City of Athens the adoption of rules and regulations and standards effectuating the merit system established under this Act. Such rules and regulations shall include provisions for the establishment and maintenance of job classifications and compensation plans, the conduct of examinations for appointment under the Merit System, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, suspension, tenure, service ratings, reinstatements, appeals, an employee grievance procedure whereby an employee's complaint will be resolved in a fair and unbiased manner representing the interest of all parties, 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 Merit System to the extent as permitted by law. The rules and regulations may provide
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for the establishment of a register of persons eligible for appointment under the Merit System. Said rules and regulations when proposed by the Personnel Board for the City of Athens as aforesaid and approved and adopted by the governing authority of the City of Athens shall have the force of law and be binding upon all departments and officers of the city. Duties. (2) It shall be the duty of said Personnel Board for the City of Athens to monitor the personnel policies of the Merit System of the City of Athens and serve as a review board for appeals from employees. The Board shall adopt rules and regulations with reference to hearing said appeals as may ensure a fair and equitable treatment of the employee. Said Board may administer oaths, certify to its official acts under signature of its Chairman or its clerk or other person designated by it, issue subpoenas to compel attendance of witnesses and production of papers, books, documents or tangible things; to keep order in its hearings; and to punish for contempt not to exceed $50.00 fine or 5 days in city stockade or both. (3) The Personnel Board of the City of Athens shall keep and maintain an accurate record of minutes of its official actions and shall be furnished necessary clerical assistance by the governing authority. (4) Said Personnel Board of the City of Athens shall be authorized to make recommendations as to amendments, additions to, and changes in said rules and regulations from time to time and when said amendments, changes, or additions are adopted by the governing authority of the City of Athens, said amendments shall have the force of law and be binding on all parties affected by said merit system. (e) No employee of any department or office of the city which has been brought under the merit system pursuant to this Act may be dismissed or suspended from employment in said department or office except for good cause and in accordance with the rules and regulations of said Personnel Board, as approved by the governing authority as aforesaid. Any employee who is dismissed shall have the
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right of appeal pursuant to the terms of the rules and regulations prescribed for appeal by the said Personnel Board of the City of Athens. Such appeal shall be heard at the next regular or special meeting of said board after it is filed and must be heard and determined by the Board within thirty (30) days of the date said appeal is filed with the Board; provided, however, that such dismissed employee must file his appeal with the said Board in writing within ten (10) days from the date of his dismissal and provided that this provision shall not apply to persons dismissed from any department due to curtailment in funds, reduction in staff, or abolition of the job held by such employee. The decision of the Board shall be binding upon the governing authority of said city as to whether such dismissal was for proper cause. (f) All costs for salaries, expenses, supplies for the establishment and operation of said Personnel Board for the City of Athens shall be borne by the city and paid out of city funds as a cost of administration. (g) Coverage. All employees of the City of Athens shall be included under coverage of said merit system, except the following: (1) All officials elected by popular vote. (2) Members of appointed boards and commissions. (3) The office of City Attorney and any employee of said office. (4) Individuals employed by the city council in their professional capacities to conduct temporary or special inquiries, investigations, and examinations on behalf of council. (5) All City Department Heads, including, but not limited to, the Chiefs of the Fire and Police Departments; and the Personnel Director.
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(6) Personnel in the Chief Executive Office, including the Administrative Assistant. (7) Employees of any city department where excepted from its provisions by the Personnel Board so as to ensure compliance with any rule or regulation of any federal or other governmental agency. (h) (1) No pending action or proceedings by or against the Civil Service Commission for the City of Athens shall be abated or affected by this Act, but the Personnel Board hereby established shall be its successor in interest with respect thereto. (2) The governing authority may submit its appointments on the Personnel Board to the Grand Jury of Clarke County at any time after the results of referendum, if favorable, have been certified by the Election Superintendent. (i) Employees occupying positions in the departments and offices covered by the Merit System shall be continued in their respective positions without further examination at the time the Merit System becomes effective. (j) The governing authority of the city shall select and appoint a qualified person as Personnel Director for the Merit System for a term of one year and shall fix his compensation and duties. Such Director shall be a person competent, trained and experienced in the field of personnel administration and thoroughly in sympathy with the application of the Merit System. Said Personnel Director shall be accountable and responsible to the chief executive officer of the city and may be removed by said chief executive officer only after being presented in writing with reasons for removal and afforded an opportunity with a fifteen (15) day period from service of such reasons to answer the same in writing at a hearing before the governing authority. The Director shall have a right to a private hearing, if he shall elect, but may waive such right. A statement of the reasons and answer along with the transcript of the hearing shall be made a part of the public record of the
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Board. The governing authority of the City of Athens may affirm or reverse the decision. (k) In accordance with the rules and regulations of the Personnel Board of the City of Athens approved by the governing authority of the city an appointing officer or department head of any city department, covered under the Merit System may dismiss, demote, suspend or discipline an employee holding permanent status for just cause as specified by said rules and regulations. Said reasons shall be stated in writing and served on the affected employee and a copy furnished to the Personnel Director of the Board as a matter of public record. The aggrieved employee shall have the right of an appeal and hearing pursuant to the terms of the rules and regulations specified by the Personnel Board. On appeal, the Board may affirm, reverse, or modify the decision complained of. Section 3. It shall be the duty of the City Council of the Mayor and Council of the City of Athens to issue a call for an election for the purpose of submitting to the qualified voters of the City of Athens the question of whether the provisions of sections 1 and 2 of this Act providing for the creation of a Merit System for employees of the City of Athens, the establishment of a Personnel Board for said City, and the abolition of the Civil Service Commission for the City of Athens shall become effective as provided therein. The governing authority of the City of Athens shall set the date for such election on a day not more than 120 days from the date of approval of said Act by the Governor. The governing authority shall cause the date and purpose of said election to be published at least one time for a period of thirty (30) days prior to the date of the election in the official organ of Clarke County. Such election may be held at one or more polling places within the corporate limits of the city as may be prescribed by the Mayor and Council of the City of Athens. Except as herein provided, said election shall be held in accordance with the provisions of law relating to special elections under the
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Georgia Municipal Election Code. The ballots employed in said election shall have printed thereon the words: () YES () NO Shall the Act providing for the creation of a Merit System for Employees of the City of Athens, the establishment of a Personnel Board for said city, and the abolition of the Civil Service Commission for the City of Athens be approved? Referendum. All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State. The expense of such election shall be borne by the City of Athens. It shall be the duty of the Municipal Election Superintendent to hold and conduct such election. It shall be the duty of the Superintendent to canvass the returns and declare and certify the result thereof to the Secretary of State as provided by law. Section 4. 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 in 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 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.
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Notice of Intention to Seek Local Legislation. Notice is hereby given that The Mayor and Council of the City of Athens intend to apply to the General Assembly of Georgia at the regular 1973 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, page 127), approved August 24, 1872, as amended, so as to establish a merit system for the City of Athens; to provide for all matters germane thereto; to repeal conflicting terms; to provide for a referendum thereon; and for other purposes. This 27th day of December, 1972. 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 R. W. Chambers, who, being put upon oath, certifies, deposes and swears that he is the publisher of The Daily News; that The 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 Daily News on December 29, 1972, and January 5 and 12, 1973. /s/ R. W. Chambers Certified, sworn to and subscribed before me, this 25 day of January, 1973. /s/ Frances P. Carter Notary Public, Clarke County, Georgia My Commission expires Aug. 5, 1973. (Seal). Approved March 29, 1973.
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CITY OF ATHENSCHARTER AMENDEDPUBLIC TRANSPORTATION SYSTEM AUTHORIZED, ETC.REFERENDUM. No. 107 (House Bill No. 792). An Act to amend 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 amended, so as to authorize and empower The Mayor and Council of the City of Athens to own, maintain, control, and operate a public transportation system in the City of Athens; generally to do any and all acts or things necessary or incident to the operation of said public transportation system; to receive grants from appropriate agencies of the United States Government or other governmental agencies and to comply with the terms of said grants; to provide for the defraying of all or a portion of the costs thereof by The Mayor and Council of the City of Athens; to authorize The Mayor and Council of the City of Athens to enter into contracts and agreements with reference thereto and to utilize any of its funds or property for such purposes; to provide for a referendum thereon; 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 and the various Acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, is hereby amended so as to authorize and empower The Mayor and Council of the City of Athens to own, maintain, control and operate a public transportation system in the City of Athens; generally to do any and all acts or things necessary or incident to the operation of said public transportation system; to receive grants therefor from the United States Government or other government agency and to comply with the terms of said grants; to authorize and empower The Mayor and Council of the City of Athens to defray all or a portion of the costs thereof
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by The Mayor and Council of the City of Athens; and to utilize any of its funds or property for such purposes; to enter into contracts or other agreements so as to effectuate the powers conferred; all as the said Mayor and Council of the City of Athens may in its discretion deem best. Section 2. It shall be the duty of The Mayor and Council of the City of Athens to issue a call for an election for the purpose of submitting this Act for approval or rejection by the qualified voters of the City of Athens not more than 120 days after the date of its approval by the Governor. The Mayor and Council of the City of Athens shall set the date for such election on a day not less than 30 days after the issuance of such call. The Mayor and Council of the City of Athens shall cause the date and purpose of said election to be published at least one time for a period of 30 days immediately preceding the date of such election in the official organ of Clarke County. Said call shall include an estimate by the governing authority of annual deficit, if any, anticipated in the operation of such public transportation system. Such election shall be held in one or more polling places within the corporate limits of the City as may be prescribed by The Mayor and Council of the City of Athens. The ballot shall have printed or written thereon the words: () For approval of an Act providing for a city operated and tax-supported public transportation system in the City of Athens. () Against approval of an Act providing for a city operated and tax-supported public transportation system in the City of Athens. Referendum. All persons desiring to vote in favor of the Act shall vote for approval and all persons desiring to vote against this Act shall vote against approval. If more than one-half of the votes on such question are for approval, 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 Athens. It shall be the duty of the Municipal Election Superintendent to hold and conduct such election and he shall hold such election under the same laws,
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rules, and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Superintendent to canvass 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 as provided by law. 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 of Intention to Introduce Local Legislation. 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 regular 1973 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, page 127), approved August 24, 1872, as amended, as to its powers with reference to the operation of a public transportation system; all matters germane thereto; to provide for a referendum thereon; and for other purposes. This 20 day of December, 1972. 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 R. W. Chambers, who, being put upon oath, certifies, deposes and swears that he is the publisher of The Daily News; that The Daily News is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia;
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and that the foregoing notice of intention to apply for local legislation was published in The Daily News on December 22 and 29, 1972, and January 5, 1973. /s/ R. W. Chambers Certified, sworn to and subscribed before me, this 25 day of January, 1973. /s/ Frances P. Carter Notary Public, Clarke County, Georgia. My Commission Expires Aug. 5, 1973. (Seal). Approved March 29, 1973. CATOOSA COUNTYCOMPENSATION OF SUPERIOR COURT CLERK CHANGED, ETC. No. 108 (House Bill No. 875). An Act to amend an Act placing the Ordinary and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2515), an Act approved March 17, 1967 (Ga. L. 1967, p. 2248), an Act approved March 30, 1971 (Ga. L. 1971, p. 2543), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2736), so as to increase the salary of the clerk of the superior court; to increase the maximum allowance 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 and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. L. 1959, p. 2047), as amended by an Act approved February 28, 1966
Page 2371
(Ga. L. 1966, p. 2515), an Act approved March 17, 1967 (Ga. L. 1967, p. 2248), an Act approved March 30, 1971 (Ga. L. 1971, p. 2543), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2736), is hereby amended by striking from section 2, the following: $10,000.00, and substituting in lieu thereof, the following: $12,000.00, so that when so amended, section 2 shall read as follows: Section 2. The salaries of the said county officers shall be as follows: The Ordinary $ 7,000.00 per annum Salary. Clerk of the Superior Court $12,000.00 per annum All salaries payable under this Act shall be paid in equal monthly installments from funds of Catoosa County. 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 maximum allowance to be paid for clerical help shall be: Clerical help for the Ordinary $8,600 per annum Clerical help for the clerk of the Superior Court $9,000 per annum All allowances payable under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help. No person performing such clerical help for the ordinary shall be related to said ordinary closer than the fifth degree of consanguinity or affinity. No person performing such clerical help for the clerk of the superior court shall be related to said clerk
Page 2372
closer than the fifth degree of consanguinity or affinity. The allowances provided in this Section shall be used to employ full-time clerical help. In no event shall such allowances be used to pay bonuses to full-time employees or to pay for part-time clerical help. In the event the maximum allowance for clerical help is not needed for such purposes, then the unused portion thereof shall remain as part of the general funds of the 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. Notice of Intention to Ask for Local Legislation. Notice is hereby given that there will be requested at the January 1973 session of the General Assembly of the State of Georgia, Local Legislation to increase clerical allowances for Ordinary Office of Catoosa County Georgia. Bob Rollins Ordinary Catoosa County, Georgia Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be requested local legislation to increase the salary of the Clerk of the Superior Court of Catoosa County, Georgia, at the January, 1973 Session of the General Assembly of the State of Georgia. This the 18th day of December, 1972. /s/ Norman L. Stone Clerk, Superior Court, Catoosa County, Georgia
Page 2373
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 28, 1972, January 4, 11, 1973. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 21st day of February, 1973. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 11, 1976. (Seal). Approved March 29, 1973. CATOOSA COUNTYCOMMISSIONER'S CLERICAL ASSISTANCE ALLOWANCE INCREASED, ETC. No. 109 (House Bill No. 876). An Act to amend an Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 10, 1969 (Ga. L. 1969, p. 2193), so as to increase the clerical assistance allowance; to provide for the unused portion of such allowance; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 2374
Section 1. An Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 10, 1969 (Ga. L. 1969, p. 2193), 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 Commissioner of Catoosa County shall be paid an annual salary of $10,000, which shall be paid in equal monthly installments from the funds of Catoosa County. The commissioner shall also be paid the sum of $1,500 per year for traveling expenses outside and inside the county for official county business, if the commissioner uses his own personal automobile. The traveling expense shall be paid in equal monthly installments from funds of Catoosa County. The commissioner may employ clerical assistance not to exceed $9,000 per annum to be paid from funds of Catoos County. In the event the maximum allowance for clerical assistance is not needed for such purpose, the unused portion thereof shall remain as part of the general funds of the county. The commissioner shall keep his office at the courthouse open from 9:00 a.m. to 5:00 p.m. each day Monday through Friday, except holidays, and from 9:00 a.m. until noon on Saturdays. Clerical assistance. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1973 Session of the General Assembly of Georgia an act to increase clerical assistance in the office of the Commissioner of Roads and Revenue, Catoosa County, Georgia. And to repeal all conflicting laws and for other purposes. /s/ Robert G. Peters
Page 2375
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 28, 1972, January 4, 11, 1973. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 21st day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. CATOOSA COUNTYHOSPITALIZATION INSURANCE FOR COUNTY EMPLOYEES PROVIDED. No. 110 (House Bill No. 878). An Act to amend an Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, so as to provide for hospitalization insurance for county employees; to except county elected officials; to provide for the cost of such insurance; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 2376
Section 1. An Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, is hereby amended by inserting between section 11 and section 12, a new section, to be designated section 11A, to read as follows: Section 11A. The Commissioner shall provide hospitalization insurance for all employees, except elected officials, whose salaries are paid from county funds. Fifty percent (50%) of the cost of such insurance shall be paid from county funds, and fifty percent (50%) of the cost of such insurance shall be paid by the employee. Provided, however, the Commissioner may continue paying from the county treasury the entire cost of hospitalization insurance for persons employed in positions for which hospitalization insurance has been provided entirely from county funds prior to July 1, 1973. Insurance. Section 2. This Act shall become effective on July 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 1973 Session of the General Assembly of Georgia a bill to implement and to provide for a participative insurance program for the employees of Catoosa County, exclusive of elected officials. /s/ Robert G. Peters 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 2377
Catoosa County, on the following dates: December 28, 1972, January 4, 11, 1973. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 2nd day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. CATOOSA COUNTYADDITIONAL DEPUTY SHERIFFS PROVIDED, ETC. No. 111 (House Bill No. 880). An Act 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), as amended by an Act approved March 17, 1967 (Ga. L. 1967, p. 2235), an Act approved March 10, 1969 (Ga. L. 1969, p. 2189), and an Act approved April 10, 1971 (Ga. L. 1971, p. 3954), so as to provide additional deputies for the sheriff; to authorize the sheriff to promote deputies and increase the salary of deputies; to increase the operating expense allowance for the sheriff's office; to provide for an additional vehicle for 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 Catoosa County on an annual salary in lieu of the fee system of compensation,
Page 2378
approved February 28, 1966 (Ga. L. 1966, p. 2663), as amended by an Act approved March 17, 1967 (Ga. L. 1967, p. 2235), an Act approved March 10, 1969 (Ga. L. 1969, p. 2189), and an Act approved April 10, 1971 (Ga. L. 1971, p. 3954), 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 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 seven deputies who shall each receive an annual salary of not less than $4,800.00 and not more than $7,040.00, 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 $6,000.00, but in the event he works a six-day week or more he shall be entitled to receive as much as $7,040.00, to be determined by the sheriff. The sheriff may promote the deputies in rank and may increase the salary of deputies to any amount within the range of minimum and maximum salaries provided in this Section. 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
Page 2379
and pay such salaries as they shall agree upon, not to exceed the above specified amounts. Deputies. 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. The governing authority of Catoosa County shall pay all the operating expenses of the office of the sheriff of Catoosa County in addition to the salaries for deputies and allowance to feed county prisoners provided for herein, but such operating expense shall not exceed twenty-seven thousand dollars ($27,000.00) in any one calendar year. The sheriff is hereby authorized to expend such operating funds for such supplies and equipment as he may deem necessary for discharging the official duties of his office. The governing authority of Catoosa County shall disburse such operating funds to the sheriff on a monthly basis from vouchers submitted by the sheriff. The cost of furnishing and equipping the four vehicles provided for in Section 6A shall be paid from the funds of Catoosa County in addition to the funds specified in this Section. Expenses. Section 3. Said Act is further amended by striking section 6A in its entirety and substituting in lieu thereof, a new section 6A, to read as follows.: Section 6A. The governing authority of Catoosa County shall furnish the Sheriff of Catoosa County with four (4) vehicles and equipment annually. The sheriff is hereby authorized to specify the type vehicles and equipment which shall be purchased by the governing authority of Catoosa County for the sheriff's office. The governing authority shall be responsible for the repairs and replacement of such vehicles and equipment and the cost thereof shall be paid from the funds of Catoosa County; provided, however, the vehicles purchased shall be of the class normally used for police vehicles. Equipment. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved
Page 2380
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 Apply for Local Legislation. Notice is hereby given that there will be requiested local legislation in the 1973 session of the General Assembly of the State of Georgia to increase the number of cars and deputies and to classify officers in the Sheriff's Department of Catoosa County. And to repeal all conflicting laws and for other purposes. /s/ Lee Roy Brown Sheriff of Catoosa County. 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 28, 1972, January 4, 11, 1973. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 21st day of February, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973.
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CHEROKEE COUNTYCOMPENSATION OF DEPUTY SHERIFFS CHANGED, ETC. No. 112 (House Bill No. 889). An Act to amend an Act placing the sheriff, clerk of the superior court, tax commissioner and ordinary of Cherokee County on a salary system in lieu of fees, 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), an Act approved February 26, 1970 (Ga. L. 1970, p. 2145), an Act approved March 30, 1971 (Ga. L. 1971, p. 2352), and by an Act approved March 31, 1971 (Ga. L. 1971, p. 2791) so as to change the provisions relative to the compensation of the deputies and clerical assistants of said officers; to provide for additional deputies and assistants; to change the provisions relative to automobiles and expenses; to provide an effective date; 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 placing the sheriff, clerk of the superior court, tax commissioner and ordinary of Cherokee County on a salary system in lieu of fees, 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), an Act approved February 26, 1970 (Ga. L. 1970, p. 2145), an Act approved March 30, 1971 (Ga. L. 1971, p. 2352) and by an Act approved March 31, 1971 (Ga. L. 1971, p. 2791) is hereby amended by striking from subsection (a) of section 2 the following:
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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., and inserting in lieu thereof the following: The sheriff shall appoint 8 deputies who shall receive annual salaries payable in equal monthly installments from the funds of Cherokee County as follows: one shall receive a salary of $7,500.00, one shall receive a salary of $7,00.00 and the remaining 6 deputies shall each receive a salary of $6,600.00. The annual salary for each deputy provided for herein shall be increased by $120.00 for each year of satisfactory service completed by each such deputy after January 1, 1973, up to a maximum annual salary of $10,000.00 for any such deputy. Deputy sheriffs. Section 2. Said Act is further amended by striking subsections (c) and (d) of Section 2 in their entirety and substituting in lieu thereof new subsections (c) and (d) to read as follows: (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: for a new employee the beginning salary shall be $4,200.00 per annum and the salary of any such clerk shall be increased by $300.00 per annum for each year of satisfactory service completed up to a maximum salary of $7,200.00 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) The governing authority of Cherokee County shall be authorized to furnish the sheriff's office such automobiles, supplies and equipment and the replacement, repair and maintenance thereof as may be necessary for the sheriff to carry out the duties of his office. The sheriff shall receive from county funds, for each prisoner confined in the common
Page 2383
jail, the amount of $1.00 for each meal fed to each such prisoner. Equipment. Section 3. Said Act is further amended by striking subsection (b) of section 3 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The clerk shall be authorized to employ two deputies 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. Said deputies 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. Clerk's Assistants. Section 4. Said Act is further amended by striking subsection (b) of Section 5 in its entirety and substituting in lieu thereof a new subsection (b) to read as follows: (b) The tax commissioner shall be authorized to employ four 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. Tax Commissioner, Assistants. Section 5. Said Act is further amended by inserting a new section between sections 6 and 7 to be designated section 6A and to read as follows: Section 6A. Subject to the approval of the governing authority of Cherokee County, the county officers provided for in this Act shall be authorized to employ part-time clerical assistants in addition to the clerical assistants otherwise provided for by this Act and such additional part-time assistants shall receive such compensation as may be authorized by said governing authority. The governing authority of Cherokee County shall also be authorized to provide such officers supplies, equipment and materials for each of said county officers as may be necessary for such
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officers to efficiently and effectively carry out the duties of their office. Part-time Assistants. Section 6. Any other provisions of this Act to the contrary notwithstanding, the clerks of county officers provided for by this Act who were receiving an annual salary of $5,200.00 as of the effective date of this Act shall begin receiving an annual salary of $5,700.00 as of the effective date of this Act and thereafter the annual increases provided by quoted subsection (c) of section 2 of this Act shall apply to such clerks. Salaries. Section 7. This Act shall become effective on the first days of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act placing certain county officers of Cherokee County on a salary in lieu of fees, approved March 9, 1959 (Ga. L. 1959, p. 2494), as amended, so as to change the provisions relative to said county officers and their personnel and equipment; to provide for all matters relative thereto; and for other purposes. This 23rd day of January, 1973. Thomas A. Roach Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Andy Roach who, on oath, deposes and says that he is Representative from the
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8th 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 25, February 1, 8, 1973. /s/ Thomas A. Roach Representative, 8th District Sworn to and subscribed before me, this 14th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. CITY OF ALPHARETTACHARTER AMENDEDSALARIES OF CITY OFFICIALS CHANGED. No. 113 (House Bill No. 912). An Act to amend an Act creating a new charter for the City of Alpharetta, approved March 3, 1961 (Ga. L. 1961, p. 2127), as amended, so as to change the salaries of the elected officials 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 Alpharetta, approved March 3, 1961 (Ga. L. 1961, p. 2127), as amended, is hereby amended by striking subsection (f) of section 15 in its entirety and inserting in lieu thereof a new subsection (f) to read as follows:
Page 2386
(f) The City Council is hereby authorized and empowered to fix and determine the compensation and salary to be received by each employee of said City of Alpharetta. They may determine how and when this compensation shall be fixed at the first regular meeting of the council each calendar year, or as soon thereafter as convenient. When once fixed and determined, the same amount will be paid under the same terms until changed by the City Council. Salary and compensation of the Mayor of said city shall be $250.00 per month payable on the 1st day of each month. The salary and compensation of each council member shall be $125.00 per month payable on the 1st day of each month. The salary and compensation of the City Recorder shall be $150.00 per month payable on the 1st day of each month. Salaries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. Notice of intention to introduce local legislation. Notice is hereby given that there will be introduced in the next January, 1973 session of the General Assembly, a bill to amend the Act creating a new charter for the City of Alpharetta, Georgia, as approved March 3, 1961, and Acts amendatory thereof by setting the salary of the Mayor, council members, and City Recorder and for other purposes. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the next January, 1973, session of the General Assembly, a bill to amend the act creating a new charter for the City of Alpharetta, Georgia, as approved March 3, 1961, and Acts amendatory thereof by setting the salary of the Mayor, Council members and city recorder and for other purposes. This the 26th day of January, 1973. Sidney Dees Mayor City of Alpharetta
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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 Publisher 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 29th day of January, 1973, and on the 5th and 12th days of February, 1973. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 19th day of February, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. (Seal). Approved March 29, 1973. CITY OF ATHENSCHARTER AMENDEDCORPORATE LIMITS REDEFINED, ETC.REFERENDUM. No. 114 (House Bill No. 932). An Act to amend 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 amended by an Act approved February 26, 1877 (Ga. L. 1877, p. 140), and by an Act approved August 17, 1911 (Ga. L. 1911, p. 554), and by an Act approved August 16, 1920 (Ga. L. 1920, p. 727), and by an Act approved March 7, 1955 (Ga. L. 1955, p. 2837), and by an Act approved March 3, 1962 (Ga. L. 1962, p. 2677), and
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by an Act approved April 10, 1971 (Ga. L. 1971, p. 3650), so as to redefine the corporate limits of the City of Athens; and to amend an Act entitled An Act to amend the charter of the Town of Athens and various Acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended by an Act approved August 1, 1921 (Ga. L. 1921, p. 659), and by an Act approved March 3, 1962 (Ga. L. 1962, p. 2677), and by an Act approved March 20, 1963 (Ga. L. 1963, p. 2360), and as heretofore amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 3650) so as to redefine the boundaries of the wards of the City of Athens; to provide for the number of aldermen that each ward shall be entitled to; to provide for a referendum; to provide for a quorum for the transaction of business; 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 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 February 26, 1877 (Ga. L. 1877, p. 140), and by an Act approved August 17, 1911 (Ga. L. 1911, p. 554), and by an Act approved August 16, 1920 (Ga. L. 1920, p. 727), and by an Act approved March 7, 1955 (Ga. L. 1955, p. 2837), and by an Act approved April 10, 1971 (Ga. L. 1971, p. 3650), 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 Road 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 northeasterly,
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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 a branch known as Carr's Branch; running thence in an easterly and northeasterly direction along the meandering of said branch to a point where said branch intersects with the center of O'Kelly Road; running thence in a southeasterly direction along centerline of O'Kelly Road to a point 400 feet north of the centerline of the Lexington Road; running thence in a southeasterly direction along a line 400 feet north of and parallel to the centerline of the Lexington Road to a point where the said line intersects the centerline of the Old Athens Winterville Road as projected; thence running in a northeasterly direction along the centerline of the Old Athens Winterville Road as projected to a point where the said centerline intersects with the property of the Athens Municipal Airport; running thence easterly, southeasterly and southwesterly along the property line of the Athens Municipal Airport property to a point where the same intersects with the right of way of the Athens Lexington Highway (U. S. Route 78); running thence southeasterly along the property line of the Athens Municipal Airport and the right of way of said highway to a point where said lines intersect with the property line of Home Mortgage Investment Company (East Plaza Shopping Center); running thence northeasterly along the property line of the Athens Municipal Airport and the Home Mortgage Investment Company (East Plaza Shopping Center) to a point where the said line intersects with the property line of Clarke County; running thence southeasterly along the property line of the Home Mortgage Investment Company (East Plaza Shopping Center) and Clarke County to a point where the said property line projects southeasterly to the centerline of the Cherokee Road; running thence in a southwesterly direction along the centerline of Cherokee Road to a point 400 feet northeast of the centerline of the Lexington Road; running thence in a southeasterly direction along a line 400 feet northeast of and parallel to the centerline of the Lexington Road to a point on said line which is 400 feet southeast of the intersection of said line with the centerline of Whit Davis Road projected
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northeastwardly; running thence southerly along a line 400 feet southeast of and parallel to the centerline of the northeast projection of Whit Davis Road to a point; running thence in a southerly direction along a line 400 feet easterly of and parallel to the centerline of the Whit Davis Road to the intersection of said line with the centerline of the Old Lexington Road; running thence in a northwesterly direction along the centerline of Old Lexington Road to a point where the same is intersected by the centerline of Whit Davis Road; running thence in a southerly direction along the centerline of Whit Davis Road to a point 600 feet south of the centerline of the Old Lexington Road; running thence in a northwesterly, southwesterly, and westerly direction along a line 400 feet south of and parallel to the centerline of Old Lexington Road to a point which is a perpendicular distance of 400 feet from E. Whitehall Road from the centerline of the intersection of the Old Lexington Road and E. Whitehall Road; running thence northwesterly along this 400-foot distance to this point at the centerline of the two roads; running thence northerly to a point on the right of way of East Whitehall Road at a point dividing Lots 4 and 5 as shown by a plat of the survey of the estate of Mrs. Flora Williams which is recorded in the Clerk's Office Clarke Superior Court in Plat Book 11, page 43; thence continuing northwesterly along line between these two lots and continuing in a straight line to the property of the University of Georgia; running thence northeasterly, northwesterly, northeasterly and southeasterly along the property line of the University of Georgia and the subdivisions between said property of University of Georgia and Whitehall-Barnett Shoals Road to a point where the said property line projects southeasterly to the centerline of Barnett Shoals Road; running thence in a northeasterly direction along the centerline of Barnett Shoals Road to a point where the same is intersected by the centerline of College Station Road; running thence in a northwesterly direction along the centerline of College Station Road to a point where the same is intersected by a line projected northeasterly of University Heights Subdivision and University of Georgia properties; running thence southwesterly along the property line dividing the properties of the University
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of Georgia and Pinecrest Lodge on the east and University Heights Subdivision properties on the west projected to a point in the center of the Oconee River; running thence generally in a northwesterly direction along the meandering of the North Oconee River to a point where the same is intersected by the northwesterly projection of the property line between the University of Georgia and Riverhill East Subdivision; running thence southeasterly along this projected line and continuing along the property line of the University of Georgia and Riverhill East Subdivision to a point; running thence northeasterly along the property line of the University of Georgia and Riverhill East Subdivision to a point where the said line projected intersects with the centerline of College Station Road; running thence in a northwesterly direction along the centerline of College Station Road to a point where the same is intersected by the center of the tracks of the Central of Georgia Railroad; running thence in a southerly direction along the center of the track 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 to the center of the Will Hunter Road to a point 200 feet southeasterly of the center of U. S. Highway 441; running thence 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 meandering 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 northeasterly direction parallel to the centerline of the Whitehead Road projected northeasterly across U. S. Highway 129 to the center of
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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 from said point along projected property line and 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 said arc of a circle having a radius 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), and an
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Act approved April 10, 1971 (Ga. L. 1971, p. 3650), is hereby amended so as to strike from the first paragraph of section 2 of the Act approved April 10, 1971 (Ga. L. 1971, p. 3650), (No. 666, H. B. 1004), the number 5 and insert in lieu thereof the number 6, and said Acts are hereby amended so as to redefine the boundaries of the six wards into which the area of the City of Athens is subdivided as follows: FIRST WARD Beginning at a point in the center of the North By-Pass where said road intersects with the corporate limits of the City of Athens as described in Section 1 of this Act and which beginning point intersects the most westerly point on 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 from said beginning point in a westerly direction along the centerline of the North By-Pass to a point where the same is intersected by the centerline of the Newton Bridge Road; running thence in a southerly direction along the centerline of the Newton Bridge Road-Barber Street to the intersection of the same with the centerline of the Seaboard Coastline Railroad track; running thence in a southeasterly direction along the centerline of the Seaboard Coastline Railroad track to the intersection of the same with a northerly projection of North Hull Street; running thence in a southerly direction along the centerline of a northerly projection of North Hull Street to the intersection of the same with the centerline of North Hull Street; running thence in a southerly direction along the centerline of North Hull 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 the intersection of the same with the centerline of Green Street; running thence in a southeasterly direction along the centerline of Green Street to the intersection of the same with the centerline of East Campus Road; running thence in a northerly direction along the centerline of East Campus Road-Thomas Street to a point where the same is intersected by the centerline of Mitchell Street; running thence in a
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southeasterly direction along the centerline of Mitchell Street to a point where the same is intersected by the centerline of Williams Street; running thence in a northeasterly direction along the centerline of Williams Street to a point where the same is intersected by the centerline of Oconee Street; running thence in a southeasterly direction along the centerline of Oconee Street to a point where the same is intersected by the center of the North Oconee River; running thence in a northeasterly direction along the centerline of the North Oconee River to a point where the same is intersected by the centerline of the track of the Georgia Railroad; running thence in a southeasterly direction along the centerline of the track of the Georgia Railroad to a point where the same is intersected by the centerline of Winterville Road; running thence in a northeasterly direction along the centerline of Winterville Road to a point where the same is intersected by the centerline of Dublin Street; running thence in a northeasterly direction along the centerline of Dublin Street to a point where the same is intersected by the centerline of East Broad Street; running thence in a southeasterly direction along the centerline of East Broad Street to a point where the same is intersected by the centerline of Winterville Road; running thence in a northeasterly direction along the centerline of Winterville Road to a point where the same is intersected by the corporate limits of the City of Athens as described in Section One of this Act; running thence in a northerly, northwesterly, westerly, and southwesterly direction along the arc which is the corporate limits of the City of Athens as described in Section One of this Act to the beginning point where the same intersects with the North Bypass. 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
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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 Peabody Street; running thence in a westerly direction along the centerline of an easterly projection of Peabody Street to a point where the same is intersected by the centerline of 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 Talmadge Street; running thence in a westerly direction along the centerline of Talmadge Street to a point where the same is intersected by the centerline of Bloomfield Street; running thence in a northwesterly direction along the centerline of Bloomfield Street to a point where the same is intersected by the centerline of Peabody Street; running thence in a southwesterly direction along the centerline of Peabody Street to a point where the same is intersected by the centerline of Milledge Avenue; running thence in a northerly direction along the centerline of Milledge Avenue 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 Rocksprings Street; running thence in a southwesterly direction along the centerline of Rocksprings Street to a point where the same is intersected by the centerline of Springdale Street; running thence in a westerly and a southwesterly direction along the centerline of Springdale Street to a point where the same is intersected by the centerline of Cloverhurst Avenue; running thence in an easterly direction along the centerline of Cloverhurst Avenue to a point where the same is intersected by the centerline of McWhorter Drive; running thence in a southerly direction along the centerline of McWhorter Drive to a point where the same is intersected by the centerline of Woodlawn Avenue; running thence in a westerly direction along the centerline of Woodlawn Avenue to a point where the same is intersected by the centerline of McWhorter Drive; running thence in a southerly direction along the centerline of McWhorter
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Drive to a point where the same is intersected by the centerline of Milledge Circle; running thence in a southwesterly 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 meandering of the center of Bobbin Mill Creek to its intersection with the centerline of the Oconee River which is the corporate limits of the City of Athens described in Section 1 of this Act; running thence in a southeasterly 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 is intersected by a southerly projection of Agriculture Drive; running thence in a northerly direction along the centerline of the southerly projection of Agriculture Drive 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 Southview Drive; running thence in a westerly direction along the centerline of Southview 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 Hampton Court; running thence in an easterly direction along the centerline of Hampton Court to a point where the same is intersected by the centerline of O'Farrell Street; running thence in a northerly direction along the centerline of O'Farrell Street to a point where the same is intersected by the centerline of University Drive; running thence in a westerly direction along the centerline of University Drive to a point where the same is intersected by the centerline of Pinecrest Drive; running thence in a northerly and northwesterly direction along the centerline of Pinecrest Drive 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. THIRD WARD Beginning at a point where the centerlines of Hancock Avenue and Finley Street intersect; running thence in a
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southerly direction along the centerline of Finley Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a southwesterly direction along the centerline of Baxter Street to a point where the same is intersected by the centerline of a southerly projection of Pope Street; running thence in a southerly direction along the centerline of a southerly projection of Pope Street to a point where the same is intersected by the centerline of an easterly projection of Peabody Street; running thence in a westerly direction along the centerline of an easterly projection of Peabody Street to a point where the same is intersected by the centerline of 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 Talmadge Street; running thence in a westerly direction along the centerline of Talmadge Street to a point where the same is intersected by the centerline of Bloomfield Street; running thence in a northwesterly direction along the centerline of Bloomfield Street to a point where the same is intersected by the centerline of Peabody Street; running thence in a southwesterly direction along the centerline of Peabody Street to a point where the same is intersected by the centerline of Milledge Avenue; running thence in a northerly direction along the centerline of Milledge Avenue 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 Rocksprings Street; running thence in a southerly direction along the centerline of Rocksprings Street to a point where the same is intersected by the centerline of Springdale Street; running thence in a westerly and southwesterly direction along the centerline of Springdale Street to a point where the same is intersected by the centerline of Cloverhurst Avenue; running thence in an easterly direction along the centerline of Cloverhurst Avenue to a point where the same is intersected by the centerline of McWhorter Drive; running thence in a southerly direction along the centerline of McWhorter Drive to a point where the same is intersected by the centerline of Woodlawn Avenue; running thence in a westerly direction along the centerline of Woodlawn Avenue to a point where the same is intersected by
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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 southwesterly 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 following the meanderings of Bobbin Mill Creek to its intersection with the corporate limits of the City of Athens described in Section 1 of this Act at the point where Bobbin Mill Creek flows into the Middle Oconee River; running thence generally in a northwest direction along the corporate limits of the city limits of Athens as described in Section 1 of this Act to a point where the same is intersected by the centerline of United States Highway 78-West Broad Street; running thence in a northeasterly direction along the centerline of United States Highway 78-West Broad Street to a point where the same is intersected by the centerline of Hancock Avenue; running thence in a northeasterly and easterly direction along the centerline of Hancock Avenue to a point where the same is intersected by the centerline of Milledge Avenue; running thence in a northerly direction along the centerline of Milledge Avenue to a point where the same is intersected by the centerline of Meigs Street; running thence in an easterly direction at the centerline of Meigs Street to a point where the same is intersected by the centerline of 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 Hancock Avenue; running thence in an easterly direction along the centerline of Hancock Avenue to the beginning point thereof at the intersection of the centerline of Finley Street. FOURTH WARD Beginning at a point in the center of the Newton Bridge Road where said road intersects with the center of the North Bypass running thence in a southerly direction along the centerline of the Newton Bridge Road-Barber Street to a point where the same is intersected by the centerline of the Seaboard Coastline Railroad track; running thence in a southeasterly direction along the centerline of the Seaboard
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Coastline Railroad track to a point where the same is intersected by a northerly projection of North Hull Street; running thence in a southerly direction along the northerly projection of North Hull Street to a point where the same is intersected by the centerline of North Hull Street; running thence in a southerly direction along the centerline of North Hull 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 and southwesterly 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 an easterly projection of Peabody Street; running thence in a westerly direction along the centerline of an easterly projection of Peabody Street to a point where the same is intersected by the centerline of a southerly projection of Pope Street; running thence in a northerly direction along the centerline of a southerly projection of Pope Street to a point where the same is intersected by the centerline of Baxter Street; running thence in a northeasterly direction along the centerline of Baxter Street 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 Meigs Street; running thence in
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a westerly direction along the centerline of Meigs 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 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 Billups Street; running thence in a northerly direction along the centerline of Billups Street to a point where the same is intersected by the centerline of Hill Street, running thence in a westerly and northwesterly direction along the centerline of Hill Street to a point where the same is intersected by the centerline of Hillcrest Avenue; running thence in a northeasterly direction along the centerline of Hillcrest Avenue to a point where the same is intersected by the centerline of Cobb Street; running thence in a northwesterly direction along the centerline of Cobb Street to a point where the same is intersected by the centerline of Prince Avenue-U. S. Highway 129; 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 track of the Seaboard Coastline Railroad; running thence in a southwesterly direction along the center of the track of the Seaboard Coastline Railroad to a point where the same is intersected by the corporate limits of the City of Athens as described in Section 1 of this Act; running thence along the corporate limits of the City of Athens, Georgia, as described in Section 1 of this Act generally in a northerly, southeasterly, and easterly direction to its intersection with the point of beginning at the intersection of said corporate limits and the centerline of the North Bypass. FIFTH WARD Beginning at a point of the intersection of the centerline of West Hancock Avenue and the centerline of North Billups Street; running thence in a westerly direction, then in a southwesterly direction along the centerline of Hancock Avenue to a point where the same is intersected by the centerline of U. S. Highway 78 and West Broad Street; running thence in a westerly direction along the centerline
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of U. S. Highway 78 and West Broad Street to its intersection with the corporate limits of the City of Athens as described in Section 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-Prince Avenue; running thence in a southeasterly direction along the centerline of U. S. Highway 129-Prince Avenue to a point where the same intersects with the centerline of Cobb Street; running thence in a southeasterly direction along the centerline of Cobb Street to a point where the same intersects with the centerline of Hillcrest Avenue; running thence in a southwesterly direction along the centerline of Hillcrest Avenue to a point where the same is intersected by the centerline of Hill Street; running thence in an easterly direction along the centerline of Hill Street to a point where the same is intersected by the centerline of North Billups Street; running thence in a southerly direction along the centerline of North Billups Street to the point of beginning at intersection thereof with the centerline of West Hancock Avenue. SIXTH WARD Beginning at a point where Winterville Road is intersected by the corporate limits of the City of Athens as described in Section 1 of this Act; running thence generally in a southerly, easterly, southwesterly, northerly and westerly direction along the corporate limits of the City of Athens as described in Section 1 of this Act to a point where the same is intersected by a southerly projection of Agriculture Drive; running thence in a northerly direction along the centerline of the southerly projection of Agriculture Drive 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 Southview Drive; running thence in a westerly direction along the centerline of Southview Drive to a point where
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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 Hampton Court; running thence in an easterly direction along the centerline of Hampton Court to a point where the same is intersected by the centerline of O'Farrell Street; running thence in a northerly direction along the centerline of O'Farrell Street to a point where the same is intersected by the centerline of University Drive; running thence in a westerly direction along the centerline of University Drive to a point where the same is intersected by the centerline of Pinecrest Drive; running thence in a northerly and northwesterly direction along the centerline of Pinecrest Drive to a point where the same is intersected by the centerline of Lumpkin Street; running thence northeast along the centerline of Lumpkin Street to a point where the same is intersected by the centerline of Green Street; running thence in a southeasterly direction along the centerline of Green Street to the intersection of the same with the centerline of East Campus Road; running thence in a northerly direction along the centerline of East Campus Road-Thomas Street to a point where the same is intersected by the centerline of Mitchell Street; running thence in a southeasterly direction along the centerline of Mitchell Street to a point where the same is intersected by the centerline of Williams Street; running thence in a northeasterly direction along the centerline of Williams Street to a point where the same is intersected by the centerline of Oconee Street; running thence in a southeasterly direction along the centerline of Oconee Street to a point where the same is intersected by the center of the North Oconee River; running thence in a northeasterly direction along the centerline of the North Oconee River to a point where the same is intersected by the centerline of the track of the Georgia Railroad; running thence in a southeasterly direction along the centerline of the track of the Georgia Railroad to a point where the same is intersected by the centerline of Winterville Road; running thence in a northeasterly direction along the centerline of Winterville Road to a point where the same is intersected by the centerline of Dublin Street; running thence in a northeasterly direction along the centerline of Dublin Street to a point
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where the same is intersected by the centerline of East Broad Street; running thence in a southeasterly direction along the centerline of East Broad Street to a point where the same is intersected by the centerline of Winterville Road; running thence in a northeasterly direction along the centerline of Winterville Road to the beginning point thereof with the corporate limits of the City of Athens as described in Section 1 of this Act. Each of said wards shall be entitled to two (2) aldermen who shall be members of the City Council of the City of Athens; and the aldermen for the presently constituted wards of 1 through 5 in the presently existing corporate limits of the City of Athens holding office or taking office on January 1, 1974, 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 terms of office to which elected, unless said Civil Service Commission shall be abolished by an Act of the Legislature approved in a referendum submitted to the voters of the City of Athens and in which case their term of office shall terminate as provided thereby. The successors of the aldermen shall be elected in accordance with the provisions of law now existing with respect to the election of aldermen. The successors of Civil Service Commissioners, if said Civil Service Commission shall not be abolished in the referendum for such purpose, shall be elected in accordance with the provisions of law now existing with respect to the election of Civil Service Commissioners for the City of Athens. The two (2) aldermen to represent the Sixth Ward shall be elected at an election as in the case of other aldermen during the year 1973. Initially, the term of office for one alderman shall be one year and thereafter for a period of two years, which aldermanic post is designated as Post 1. The term of office for the other alderman designated hereby as Post 2 shall initially be a period of two years and thereafter for a period of two years. The ballot shall specify the term of office for said post. The term of office for each post shall commence on January 1, 1974. Successors of the aldermen for the six wards shall be elected in accordance
Page 2404
with the provisions of law now existing with respect to the election of aldermen for the City of Athens. The following special stipulations shall apply to the Sixth Ward: 1. The City shall commence construction of a Fire Station by January 1, 1975. 2. The City shall provide pickup of garbage and trash the same as and subject to some rules applicable to other portions of the City by the middle of the year 1974. 3. The City shall install street lightsone-half of the needs in the year 1974 and one-half of the needs in the year 1975. 4. Police protection shall be provided as of January 1, 1974. 5. The City will provide only street repairing of an urgent nature in the year 1974. 6. City water and sewer rates the same as other wards in the City as of January 1, 1974. 7. The City shall not provide any sewer main installations in the year 1974 and after the year 1974 the same as in other wards. Section 3. Section 6 of an Act entitled An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872, as heretofore amended by an Act approved March 20, 1963 (Ga. L. 1963, p. 2360) is hereby amended by striking from the second sentence from the end of said section the number 6 and inserting in lieu thereof the number 7, so that said section, after amendment, shall read in part as follows: The Mayor and Mayor Pro Tem and any seven aldermen shall constitute a quorum for the transaction of any business before the Council. Quorum.
Page 2405
Section 4. That Act entitled An Act to amend the charter of the Town of Athens and other Acts amendatory thereof, approved August 24, 1872, as amended by an Act approved August 1, 1921 (Ga. L. 1921, pp. 659-664), is hereby amended by striking the following provision therefrom: And the municipal government of the City of Athens shall consist of a mayor and ten aldermen, and inserting in lieu thereof the following: And the municipal government of the City of Athens shall consist of a mayor and twelve aldermen. Municipal government. Section 5. Not more than 120 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Mayor and Council of the City of Athens to issue a call for an election for the purpose of submitting to the electors residing within the area proposed to be annexed to said City by the provisions of sections 1 through 4 of this Act, the questions of whether the provisions of Sections 1 through 4 of this Act shall become effective. The Mayor shall cause the date and purpose of the election to be published at least one time not less than thirty (30) days immediately preceding the date of said election in the official organ of Clarke County, such election may be held at one or more polling places within or without the presently existing corporate limits of the City of Athens as may be prescribed by the Mayor and Council of the City of Athens. The persons entitled to vote in said election shall be those persons registered to vote for State, County, and Federal offices as appearing in the voter registration book kept by the Board of Registrars of Clarke County who are residents of the area proposed to be added by the provisions of Section 1 of this Act to the presently existing corporate limits of the City of Athens at the time of the deadline for taking applications from persons as in case of a special county election. It shall be the duty of the Chief County Registrar or person having charge of the County Voter Registration List for Clarke County to prepare a voters list of those eligible to vote in said election and to furnish the same to the managers thereof.
Page 2406
Except as otherwise herein provided, said election shall be held in accordance with the provisions of law applicable to special municipal elections. The ballot employed in said election shall have printed thereon the words: () For approval of the Act extending the corporate limits and altering the ward limits of the City of Athens and increasing the number of aldermen to twelve and increasing the number of aldermen required for a quorum of Council. Referendum. () Against approval of the Act extending the corporate limits and altering the ward limits of the City of Athens and increasing the number of aldermen to twelve and increasing the number of aldermen required for a quorum of Council. All persons desiring to vote in favor of this Act shall vote for approval and all persons desiring to vote against this Act shall vote against approval. If a majority of the votes cast in such election are for approval of this Act, then it shall become of full force and effect on January 1, 1974. If less than a majority of the votes cast in such election are for approval of this Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the Mayor and Council of the City of Athens. It shall be the duty of the Municipal Election superintendent to hold and conduct such election. It shall be the duty of the Superintendent to canvass the results and declare and certify the result of the election. It shall be his further duty to certify the results thereof to the Secretary of State as provided by law. Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence,
Page 2407
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 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that The Mayor and Council of the City of Athens intends to apply to the General Assembly of Georgia at the regular 1973 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, page 127), approved August 24, 1872, as amended, with respect to annexation of certain territory to the corporate limits of said city; to provide for any matter germane to this general subject may be included in such legislation or by amendment thereto; to provide for a referendum thereon; and for other purposes. This 27th day of December, 1972. 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 R. W. Chambers, who, being put upon oath, certifies, deposes and swears that he is the publisher of The Daily News; that The 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
Page 2408
legislation was published in The Daily News on December 29, 1972, and January 5, 1973. /s/ R. W. Chambers Certified, sworn to and subscribed before me, this 25th day of January, 1973. /s/ Frances P. Carter Notary Public, Clarke County, Georgia. My Commission Expires Aug. 5, 1973. (Seal). Approved March 29, 1973. TIFT COUNTYCOMPENSATION OF CHAIRMAN OF BOARD OF COUNTY COMMISSIONERS CHANGED. No. 115 (House Bill No. 940). 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 change the compensation of the chairman of said board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, is hereby amended by striking from subsection (b) of section 4A the following: $9,000.00, and inserting in lieu thereof the following: $10,800.00,
Page 2409
so that when so amended, subsection (b) shall read as follows: (b) The chairman of the board of commissioners shall be compensated in the amount of $10,800.00 per annum payable in equal monthly installments from the funds of Tift County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to change the compensation of the Chairman of the Board of Commissioners of Tift County; and for other purposes. This 5 day of February, 1973. Henry Bostick Representative, 123rd 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 123rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
Page 2410
Tifton Gazette which is the official organ of Tift County, on the following dates: February 10, 17, 24, 1973. /s/ Henry Bostick Representative, 123 District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. TIFT COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED. No. 116 (House Bill No. 964). An Act to amend an Act placing the tax commissioner of Tift County upon an annual salary, approved March 27, 1965 (Ga. L. 1965, p. 2705), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2410), 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 placing the tax commissioner of Tift County upon an annual salary, approved March 27, 1965 (Ga. L. 1965, p. 2705), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2410), is hereby amended by striking from section 2 the following: $10,000.00,
Page 2411
and inserting in lieu thereof the following: $12,000.00, so that when so amended, section 2 shall read as follows: Section 2. The tax commissioner shall receive an annual salary of $12,000.00, payable in equal monthly installments from the funds of Tift 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 the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act placing the Tax Commissioner of Tift County on an annual salary, approved March 27, 1965 (Ga. L. 1965, p. 2705), as amended, so as to change the compensation of the Tax Commissioner; to repeal conflicting laws; 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 he is Representative from the 123rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
Page 2412
Tifton Gazette which is the official organ of Tift County, on the following dates: Feb. 1, 8, 15, 1973. /s/ Henry Bostick Representative, 123rd District Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. GWINNETT COUNTYCOMPENSATION OF CERTAIN COUNTY OFFICERS CHANGED. No. 117 (House Bill No. 1044). An Act to amend an Act placing certain designated officers of Gwinnett County on a salary basis, approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended, particularly by an Act approved April 15, 1969 (Ga. L. 1969, p. 2712) so as to change the provisions relative to the compensation of such officers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain designated officers of Gwinnett County on a salary basis, approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended, particularly by an Act approved April 15, 1969 (Ga. L. 1969, p. 2712) is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows:
Page 2413
Section 2. (a) The sheriff of Gwinnett County shall be compensated in the amount of $17,000.00 per annum to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. Sheriff. (b) The clerk of the superior court of Gwinnett County shall be compensated in the amount of $17,000.00 per annum to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. The compensation provided for herein shall be the total compensation payable from county funds to said officer both in his capacity as clerk of the Superior Court of Gwinnett County and as clerk of the State Court of Gwinnett County. Clerk. (c) The ordinary of Gwinnett County shall be compensated in the amount of $17,000.00 per annum to be paid in equal monthly installments from the funds of Gwinnett County at the end of each calendar month. Ordinary. Section 2. Said Act is further amended by striking section 2A in its entirety. Section 3. This Act shall become effective on July 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 regular 1973 session of the General Assembly of Georgia, a bill to amend an Act providing for the compensation of the sheriff, clerk of the superior court, clerk of the city court and the ordinary of Gwinnett County, approved February 23, 1956 (Ga. L. 1956, p. 2535), as amended, so as to change the provisions relating to the compensation of the sheriff,
Page 2414
clerk of the superior court and the ordinary; and for other purposes. This 15 day of Jan., 1973. James D. Mason Representative, 59th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James D. Mason who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 19, 26, February 2, 1973. /s/ James D. Mason Representative, 59th District Sworn to and subscribed before me, this 1st day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. JONES COUNTYCOMMISSIONERS BOND AMOUNTS CHANGED, ETC. No. 118 (House Bill No. 1200). An Act to amend an Act creating a Board of Commissioners of Jones County, approved July 31, 1923 (Ga. L. 1923, p.
Page 2415
264), as amended, particularly by an Act approved February 28, 1969 (Ga. L. 1969, p. 2153), so as to change the amount of the bond of each of the Commissioners; to change the purchasing procedures; to provide for a monthly expense allowance; to provide for a bond for the clerk 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 of Jones County, approved July 31, 1923 (Ga. L. 1923, p. 264), as amended, particularly by an Act approved February 28, 1969 (Ga. L. 1969, p. 2153), 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. Before entering upon the discharge of their duties, the Commissioners shall subscribe an oath before the Ordinary of Jones County for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. The Commissioners shall each give a satisfactory surety bond, approved by and payable to the Ordinary of Jones County and filed in the office of the Ordinary, in the sum of five thousand dollars ($5,000.00), conditioned upon the faithful performance of the duties of their office. The cost of the bonds shall be paid from the funds of Jones County. Bond. Section 2. Said Act is further amended by adding a new section, immediately following section 5, to be designated section 5A, to read as follows: Section 5A. All purchases of supplies, equipment and other materials and services in an amount in excess of one thousand dollars ($1,000.00) shall be by competitive bids with advertisement of said purchases to be published in the official organ of Jones County once a week for two weeks before the date of purchase. The Board shall obtain at least three competitive bids, and the Board shall accept the best bid in accordance with the terms of the advertisement.
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The provisions of this Section shall not apply to emergency purchases or repairs. Bids. Section 3. Said Act is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11, to read as follows: Section 11. The members of said Board shall each receive as compensation one hundred fifty dollars ($150.00) per month. Said members, when traveling outside of the county on county business, shall also receive travel expenses, computed at ten cents per mile traveled, and actual expenses for lodging and meals upon submitting an itemized, verified account to the Board and upon approval by a majority of the members of the Board. In addition, each member of the Board shall receive a monthly expense allowance of fifty dollars ($50.00), payable out of the funds of Jones County. Salaries. Section 4. 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. The Board of Commissioners shall have the authority to appoint a clerk who shall be a competent bookkeeper, whose duty it shall be to keep all of the books and records pertaining to the county's business. The Commissioners shall have the authority to fix the compensation of the clerk who shall serve at the pleasure of the Board. The duties of the Clerk shall be restricted to clerical work only. The clerk shall give a satisfactory surety bond, approved by and payable to the Ordinary of Jones County and filed in the Office of the Ordinary, in the sum of five thousand dollars ($5,000.00), conditioned upon the faithful performance of the duties of his office. The cost of the bond shall be paid from the funds of Jones County. Clerk. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Apply for Local Legislation to Amend and/or Revise The Acts Creating The County of Jones Notice is hereby given that legislation will be introduced in the 1973 Session of the General Assembly of Georgia to amend and/or revise the acts creating Jones County, Georgia so as to provide for a bond for the Clerk of the County Commissioners; an increase in the bond of the County Commissioners; to provide an expense allowance for the County Commissioners; to provide procedures with respect to purchases for the county; to make provisions concerning receipts and disbursements of the county and the publication of the same; to provide a manner of filling vacancies on said board; to make provisions with respect to the budget of the county and for other purposes. This 3rd, day of February, 1973. Denmark Groover Representative, 75th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr. who, on oath, deposes and says that he is Representative from the 75th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County, on the following dates: February 7, 14, 21, 1973. /s/ Denmark Groover, Jr. Representative, 75th District Sworn to and subscribed before me, this 8th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973.
Page 2418
INDUSTRIAL CITY OF GORDON, MURRAY AND WITHFIELD COUNTIES CREATED. No. 121 (House Bill No. 1025). An Act to create the Industrial City of Gordon, Murray and Whitfield Counties, Georgia, as a political subdivision with extraordinary powers; to provide for the corporate limits of said city; to provide for the selection and terms of office of the governing body of said Industrial City; to provide for the duties, rights, powers, immunities, exemptions and privileges of said Industrial City and the governing body thereof; to provide for the issuance, security, validation and payment of general obligation bonds, revenue bonds and notes of said Industrial City; to grant certain powers to said counties in contracting with said Industrial City; to grant to said Industrial City certain powers of annexation and the power of eminent domain, the power to impose special assessments on real property therein and to levy taxes on any or all taxable property therein; to provide for the adoption and enforcement of ordinances of said Industrial City and for the adjudication of the validity of certain contracts of said Industrial City; to authorize said Industrial City to exercise all powers of cities generally and also to establish one or more industrial parks, to acquire, develop, lease and sell real property, to adopt a plan or plans, to adopt zoning ordinances and building codes and enforce the same, to own stock in corporations and pledge the same, to make contracts with respect to taxation by the Industrial City or by others within its boundaries, and to furnish utility services within and without its boundaries, to provide for an Industrial Development Authority in said city; to provide for the relationship of said Industrial City to said counties, local service districts and school authorities; to provide for severability; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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ARTICLE I DEFINITIONS AND STATEMENT OF PURPOSE Section 101. As used herein, the following words shall have the meanings indicated except where the context clearly requires otherwise: (a) Board means the Board of Directors of the Industrial City. (b) Counties means the Counties of Gordon, Murray and Whitfield, Georgia. (c) Industrial City means the Industrial City of Gordon, Murray and Whitfield Counties, as said Industrial City is hereby established and as the boundaries thereof may from time to time be modified. (d) Service means water service or sewer service, or both. Water service means any one or a combination of the following: obtaining, treating, transmitting or distributing water for domestic, commercial, industrial, agricultural or recreational purposes. Sewer service means and includes any one or a combination of the following: collection, transmission, treatment or disposal of sanitary, storm, industrial or commercial sewage or other liquid wastes. (e) System means and includes water system or sewer system, or both. Water system means and includes all real and personal property included within or without the boundaries of the Industrial City which may be owned or operated by the Industrial City for the purpose of supplying water service, including licenses, franchises, easements, leases, rights-of-way, choses in action and other tangible intangible property and rights therein. Sewer system means and includes all real and personal property included within or without the boundaries of the Industrial City which may be owned or operated by the Industrial City for the purpose of supplying sewer service, including licenses, franchises, easements, leases, rights-of-way, choses in action and other tangible and intangible property and rights
Page 2420
therein. Utility system means a system furnishing either, or both, water and sewer services. Section 102 . It is the purpose of the General Assembly of the State of Georgia, by adopting this Act pursuant to the ratification of amendments to the Constitution of Georgia upon which some of the powers herein granted may be dependent, to establish in the State of Georgia a political subdivision of a class and having powers and purposes different from other political subdivisions. It is found and declared that in order to provide for the orderly establishment and growth of industrial, commercial and civic establishments, a political subdivision with extraordinary powers must be established prior to the development of the land in which the Industrial City is hereby established so that said area may be developed in a manner consonant with sound principles of planning for land use and in accordance with standards prescribed by the laws and regulations which authorize federal aid for such development when performed by political subdivisions. It is further found and declared that such development should be carried on by, or under the direction of, public officials who are and will be politically responsible to the residents of the area affected, and for this reason this Act provides that the Industrial City hereby created shall initially be governed by officials chosen by existing governmental units and, after a sufficient number of residents to establish a viable community shall inhabit the Industrial City, that said industrial City shall then be governed by representatives of the residents thereof in accordance with the Fourteenth Amendment to the United States Constitution. Purpose. ARTICLE II CREATION AND GOVERNMENT Section 201 . A political subdivision of the State of Georgia to be known as Industrial City of Gordon, Murray and Whitfield Counties, hereafter referred to as Industrial City, is hereby created by the General Assembly of the State of Georgia. Said Industrial City shall comprise all that territory
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in Gordon, Murray and Whitfield Counties, Georgia, within the following described boundaries: Beginning at a point in Gordon County, Georgia where the Conasauga River and land lots 17 and 20 of the 14th District third section of Gordon County intersect with said river. Thence due East along the South line of land lots 17 and 18 of the 14th District, third section, and land lots 1 and 2 of the 7th District, third section to the Northwest corner of land lot 34 of the 7th District third section. Thence South along the West line of land lot 34 of the 7th District, third section to the Coosawatte River. Thence East along the Coosawattee River to the Pine Chapel Road. Thence northward along the Pine Chapel Road to State Route 225. Thence northward along State Route 225 to the new Prospect Church Road in Murray County, Georgia. Thence northwesterly along the New Prospect Church Road to the Whitfield County Line. Thence southwesterly along the Tilton Bridge Road in Whitfield County, Georgia to the W A or L N Railroad. Thence southward along the west line of the railroad to the Gordon County Line. Thence eastward along the Gordon County line to the Conasauga River. Thence south along the Conasauga River to the point of beginning. Section 202 . The governing body of said Industrial City shall be a board of five Directors who shall serve at the compensation of $20.00 per month and who shall be reimbursed for expenses incurred on behalf of the Industrial City. Each Director shall have one vote. Governing body. Section 203 . The governing body of each of the counties shall appoint one initial Director to represent such county, the Speaker of the House of Representatives shall appoint one initial Director who is qualified to vote in one county, and the Governor shall appoint one initial Director who is qualified to vote in one county. To be effective, each such appointment of a Director must be filed with the City Clerk an ex officio Secretary of the Board of Directors. Each Director appointed by a county must be qualified to vote in the county which he represents. Prior to taking office, each Director shall take an oath or affirmation as follows: I do solemnly swear (or affirm, as the case may be) that I
Page 2422
will faithfully execute the office of Director of Industrial City and will to the best of my ability, preserve, protect and defend the Constitution of the State of Georgia and the Constitution of the United States of America. Each such oath or affirmation may be taken before any clerk of court or notary public and a signed copy thereof shall be filed in the records of the Industrial City. Directors. Section 204. Every Director shall hold office for a term of six years and until his successor is selected and qualified. Terms. Section 205. Each term of office of a subsequently chosen Director (except Directors chosen to fill a vacancy in an unexpired term) shall commence on the first day of January following his selection and shall extend through December 31 six years thereafter and until a successor is selected and qualified. Each such subsequent Director (whether for a full term or to fill a vacancy) shall be chosen by the county which, or official who, appointed the predecessor whose position the new Director is selected to fill until the first election required under Section 206 hereof. Same. Section 206. On the first Tuesday of November, 1978, and on the same day of every sixth year thereafter, there shall be held an election in said Industrial City for the purpose of electing Directors, if any Directors are to be elected as provided in the remainder of this Section. Whenever, according to the most recent federal census, the portion of the Industrial City in any county contains 2,000 or more residents, an election shall be held at which all qualified electors residing in that portion of said Industrial City may vote. The candidate receiving a majority of the votes shall be declared elected by the Board of Directors upon canvassing the returns of such election and shall take office on the next succeeding January 1 or as soon thereafter as he may qualify. If no candidate receives a majority of the votes, a run-off election shall be held on the third Tuesday following such original election between the two candidates receiving the highest number of votes. Notwithstanding the foregoing provisions, whenever, according to the most recent federal census, the Industrial City contains 6,000 or more residents, all Directors shall be elected at large. At any at-large election
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where more than one director is to be elected, each qualified elector shall be entitled to vote for as many different candidates as there are positions to be filled, and every candidate receiving a number of votes equal to more than one-half of the number of voters participating in such election shall be declared to be elected. If all of the positions to be filled at such election are not so filled, a run-off election shall be held on the date above specified for run-off elections, at which the candidates shall be those candidates in the number of twice the number of positions to be filled who receive the most votes at the earlier election. At such run-off election, the candidates receiving the most votes shall be deemed elected even though one or more may have received less than a majority. In case of a vacancy in the term of office of a Director, if an election is to be held under this Section, the Board shall call such election as soon as may be after such vacancy occurs. Election. Section 207. Any person desiring to become a candidate in any election shall file written notice of his candidacy with the City Clerk not less than fifteen nor more than forty-five days, as prescribed by ordinance, prior to the date fixed for the holding of any such election. Candidates. Section 208. Except as otherwise provided by this charter, the election of all officials of the Industrial City, where provision is made for election by the qualified voters thereof, shall be conducted as special or general elections in conformity so far as applicable to the provisions of the Georgia Municipal Election Code and Title 34A of the Code of Georgia, as it now exists or may hereafter be amended. Election. Section 209. In all elections held in Industrial City, the voters, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance, but the Board may, by ordinance, adopt the registration books of the counties as the official registration books of the Industrial City and may require the presence of said books, to the extent required, at the polling place or places at any election in the Industrial City. Registration books.
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Section 210. The Board 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. Rules. Section 211. The Board, in its discretion, is authorized to provide by ordinance for absentee ballots. Absentee ballots. Section 212. Each election shall be conducted in accordance with procedures to be provided by ordinance of the Board of Directors. Such an ordinance shall be adopted prior to January 1, 1978, and shall provide that notice of each election held hereunder, showing the date, hours, place and names of candidates and positions to be filled, shall be given by publication or posting at least fifteen days prior to said election. Notice of Election. Section 213. The first meeting of the Board of Directors shall be held at the courthouse in Dalton, Georgia on the second Monday in April, 1973, at 9:00 o'clock a.m. If less than a quorum of Directors are present at such meeting, the Directors who are so present shall adjourn to some other time and place if desired and shall continue to so adjourn until quorum shall be present. The first meeting of the Directors at which a quorum is present shall be deemed to be the initial meeting, and at such meeting the Directors present shall take the oath of office and shall elect from their membership a Mayor and a Vice-Mayor, who shall act as Mayor in the absence of the Mayor and who shall become Mayor automatically upon the resignation, death or disqualification of the Mayor. They shall also elect a City Clerk and ex officio Secretary of the Board of Directors and a Treasurer, who may, but need not, be Directors and who may, but need not, be one and the same person. At the initial meeting or as soon thereafter as may be practical, the Board of Directors shall adopt a corporate seal, shall establish the domicile of the Industrial City and shall proceed to carry out the purposes of this Act. The Treasurer shall post and keep in effect a fidelity bond of a responsible corporate surety in the amount of $5,000 which shall be filed in the records of the Industrial City, the premium to be paid by the Industrial City. Meetings.
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Section 214. Three Directors shall constitute a quorum, but any lesser number may, at any regular or special meeting, adjourn from time to time. Quorum. Section 215. The Board shall hold regular meetings at least once a month at a time and place to be designated from time to time by the Board. Special meetings may be called by the Mayor or by any two Directors upon twenty-four hours' notice, which may be written or oral. Attendance at a meeting by a Director shall be conclusive evidence that such Director was properly notified of the meeting. If any Director shall fail to attend all meetings within a period of sixty days, unless excused by motion passed by and entered on the minutes of the Board, the office of such Director shall become vacant, and if the Director was appointed, the Secretary of the Board of Directors shall notify the appointing authority accordingly. Unless a replacement Director is to be elected under Section 206 hereof, the appointing authority shall appoint a qualified person to fill the vacancy. Meetings. Section 216. The Industrial City may annex additional territory by vote of three Directors if such annexation is concurred in by the governing body of the county in which the annexed territory lies. Upon the filing in the office of the City Clerk of the resolution of such Board annexing territory which is adjacent to the then existing Industrial City, and the filing with said City Clerk of a certified copy of the resolution of the governing body of the county in which such territory is located consenting to such annexation, the property shall be deemed annexed to the Industrial City. Annexing territory. Any time within 6 months after passage of this Act any property owner who owns property within the corporate limits of Industrial City may petition the Board of Directors to have their property removed from jurisdiction of said city. It shall be mandatory that the Industrial City Board of Directors remove such property from its jurisdiction. Section 217. The Board of Directors may establish, abolish, merge or consolidate offices, positions of employment,
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departments and agencies of the Industrial 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 Industrial City; and may prescribe the duties and compensations of any office or position of employment. Powers. Section 218. The Mayor shall be the executive head of the Industrial City government, responsible for the efficient and orderly administration of the Industrial City's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the Industrial 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 Industrial City's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter. Mayor. Section 219. The Board of Directors may appoint a City Manager. The duties and authority of the City Manager shall be established by ordinance of the Board of Directors, and, in doing so, the Board may specifically delegate to the City Manager any of the executive, administrative or budgetary duties of the Mayor. City Manager. Section 220. The Board of Directors may adopt ordinances, resolutions and motions by a majority vote of all Directors present at any meeting at which a quorum exists unless a higher number is specified in this charter. Ordinances shall become effective when published or posted in such manner as the Board of Directors may direct, and resolutions shall become effective immediately upon adoption; however, any ordinance or resolution may by its terms provide that it take effect upon a later date or upon the happening of an event which may occur in the future. The Board of Directors shall act only by ordinance, resolution or motion duly made and seconded, and each such ordinance, resolution or motion, together with the names of the Directors voting for and against the same, shall be preserved in the official records of the Industrial City. The City Clerk
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and ex officio Secretary of the Board of Directors shall maintain and preserve the minutes of the meetings of the Board of Directors and all other city records, keeping the same available for public inspection during reasonable office hours. Said City Clerk may certify, under the seal of the Industrial City, any and all copies of official records of the Industrial City and any such copy so certified shall be deemed prima facie correct. Ordinances, etc. ARTICLE III POWERS Section 301. The Industrial City shall have all powers granted in this Article, as well as elsewhere in this Act. The powers hereby granted shall be liberally construed and the Industrial City, acting through its Board of Directors or through persons or corporations to whom the Board of Directors may delegate any of its powers, shall have and may exercise all powers which may reasonably be implied from the grant of powers herein made, all powers necessary or useful for carrying out the purposes of this Act, and all powers which may now or hereafter be given to any cities of the State of Georgia by general law. The Industrial City shall have power to adopt a corporate seal, to contract and be contracted with, to sue and be sued, to receive, acquire, take and hold, whether by purchase, gift, lease, devise, condemnation or otherwise, real, personal and mixed property, tangible or intangible, used or useful in connection with any power which the Industrial City may exercise. Section 302. The Industrial City may exercise any or all of its powers within or without its corporate limits, but shall not own or operate real property or operate utility services outside of the boundaries of the counties. Section 303. The Industrial City shall be a municipality within the meaning of Paragraph I of Section VI of Article VII of the Constitution of the State of Georgia and may exercise any power to contract which is granted by said Paragraph to municipalities or granted to municipalities by any
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statute heretofore or hereafter enacted under or in pursuance of said Paragraph I. Section 304. The Industrial City may sell water service or sewer service, or both, to any person, firm or corporation within the counties. No franchise shall be necessary for the Industrial City to construct, install, operate, maintain or repair any utility system within the boundaries of the Industrial City; elsewhere within the counties, a franchise for not more than twenty years may be granted to the Industrial City by the governing body of the county in which the portion of the system to be operated under such franchise shall lie. The Industrial City may charge rates for utility services which shall be reasonable and sufficient to meet all covenants securing revenue bonds or other obligations of the Industrial City. Utilities. Section 305. The Industrial City shall have and may exercise the power of eminent domain under the laws of the State of Georgia, including the provisions of Code Title 36, relating to eminent domain, as amended. Eminent domain. Section 306. The Industrial City may acquire, establish, construct and maintain public roads, streets, alleys and sidewalks within its boundaries and may pay the cost thereof from the proceeds of ad valorem taxes, general obligation bonds, special assessments against benefited property, gifts, grants or any other legally available funds. As to any such roads, streets, alleys and sidewalks, the Industrial City may, regardless of the source from which payment of the cost thereof was initially made, assess the property abutting the same for all or part of the cost thereof. Such assessments may be imposed in accordance with the provisions of Code Chapter 69-4, relating to street improvements in certain municipalities, as amended, or any other applicable general law, regardless of the population of said Industrial City. No election shall be necessary for any such law to be applicable to Industrial City. The Industrial City may make any improvement authorized by any such law and levy assessments to pay the cost thereof as permitted by such law. Roads, etc.
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Section 307. The Industrial City may borrow money for its lawful corporate purposes and may issue such warrants, notes or other obligations to evidence such borrowing as it may see fit. When money is borrowed for a period longer than one year, such borrowing shall be evidenced by bonds to be issued in accordance with Article IV hereof, except that the Industrial City may enter into long-term contracts for the purchase or construction of any real, personal or mixed property which it deems necessary. Long-term contracts for the purchase or construction of property may be in either the form of a purchase contract or the form of a lease with an option or obligation to purchase at some time in the future. A lease-purchase agreement may extend for a period of twenty-five years or less and any other purchase agreement may extend for a period of ten years or less. Loans. Section 308. The Industrial City may, subject to the next sentence hereof, sell, lease or otherwise dispose of any of its assets, real, personal or mixed, at such times and in such manner as the Board may determine; provided, that no such sale, lease or disposition shall be in violation of any covenant securing outstanding bonds or other evidences of indebtedness of the Industrial City. Sales. Section 309. The Industrial City may adopt all ordinances and regulations necessary or helpful in protecting the purity of its water supply and the effectiveness of its utility system or systems, and may enforce such ordinances and regulations within or without its boundaries. Utilities. Section 310. The Industrial City may make such contracts for outside services, including fiscal, legal, investment banking, engineering, architectural, planning and development services, as it may deem necessary. No person, firm or corporation employed as a fiscal advisor may participate in the initial purchase of bonds as to which he shall have given fiscal advice, whether at public or private sale. No person, firm or corporation purchasing bonds of the Industrial City, whether alone or as part of a syndicate, shall be paid a fee for giving fiscal advice to the Industrial City as to the issue of bonds of which a portion shall have been sold to him or it. Contracts.
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Section 311. The Industrial City may obtain and pay for such insurance, including casualty insurance, liability insurance, workmen's compensation insurance, fidelity bonds and insurance guaranteeing the payment of its own bonds and other obligations as it considers desirable from time to time or as may be required by any covenant securing its bonds. Insurance. Section 312. The Industrial City may construct and maintain works and establish and maintain facilities across or along any public street or highway and in, upon or over any vacant public lands, which lands are now or may become the property of the State of Georgia, and may construct works and establish and maintain facilities across any stream of water or watercourse; provided, however, that the Industrial City shall promptly restore any such street, highway, stream or watercourse to its former state of usefulness as nearly as may be and shall not use the same in such a manner as to completely or unnecessarily impair the usefulness thereof. Facilities. Section 313. The Industrial City may buy, own, sell or pledge stock in one or more corporations established under the Georgia Business Corporation of the State of Georgia (Part I of Title 22 of the Code of Georgia 1933, as amended); provided, that each such corporation shall be formed for one or more purposes which the Industrial City is authorized to carry out; provided, further, that so long as any stock in such a corporation is owned by the Industrial City, a majority of the shares of stock in such corporation shall continue to be owned by the Industrial City, and that so long as any stock in such a corporation is owned by the Industrial City, a majority of the Directors of any such corporation or any subsidiary corporation or other corporation controlled by such corporation shall be selected by the Board of Directors of the Industrial City. Any such corporation shall have all powers granted to corporations generally by said Georgia Business Corporation Code and its articles of incorporation, and shall be subject to all rules, regulations and taxes of the State of Georgia which would be applicable if said corporation were owned by private shareholders. Stock.
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Section 314. The Industrial City may acquire land, whether improved or not, and may develop the same or sell the same to others for development in furtherance of the purpose of reducing unemployment in the counties by assisting in the location of industrial plants and operations in the Industrial City. Any land acquired in the exercise of the power granted by this Section may be mortgaged or granted by a deed to secure debt in order to borrow money for the purchase or development, or both, of land within the Industrial City. Any such mortgage or deed to secure debt may be foreclosed the same as if it were owned by private corporations. Development. Section 315. The Industrial City may require the relocation of any electric, telephone, telegraph, water, sewer or gas, or other utility lines or railroad lines, and may pay the reasonable cost thereof. Pole relocations. Section 316. The Industrial City may contract with the government of the United States or any agency thereof for the furnishing of any service or the construction or acquisition of any utility system or portion thereof and may accept any grant or loan or other form of assistance from the government of the United States or any agency thereof or of the State of Georgia. Grants, etc. Section 317. The Industrial City may adopt plans and specifications for any project which the Industrial City proposes to own or operate, which plans and specifications may from time to time be changed or modified by the Board. Such plans and specifications shall be kept in the office of the Industrial City and open to public inspection. Plans. Section 318. The Industrial City may invest any moneys not immediately needed by it in direct obligations of the United States of America or guaranteed by the United States, or in certificates of deposit of any bank or trust company in the United States, provided that such certificates of deposits are secured by pledge of collateral consisting of obligations of or guaranteed by the United States of America. The Industrial City may also buy its own bonds or bonds of any corporation in which it owns stock and, unless bought for the purpose of cancellation, such
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bonds may be deemed cancelled by operation of law when purchased by the Industrial City. Investments. Section 319. In the exercise of its regulation-making power, the Industrial City may compel all owners of property in the Industrial City, or in any specified part thereof, to connect all buildings which may be equipped with running water to any available sewer; it may require the occupants of such buildings to cease and desist from disposing of sewage in any other fashion; it may submit unit bills for water and sewer services to all customers (public or private) who obtain water and sewer service from the Industrial City and may refuse to accept payment for one service without the other. The powers granted by this Section may be exercised by the Industrial City within any portion of the Industrial City, and the power to compel connection to public sewers may be exercised with respect to any property to which a public sewer is accessible, even though such sewer may be owned by a county, corporation, firm or person other than the Industrial City. Sewerage. Section 320. The Industrial City may contract with any person, firm or corporation even though one or more Directors shall have, individually or as a shareholder, officer, employee or partner of a corporation or firm, an interest in the subject matter of the contract if each such Director shall have declared his interest at a public meeting of the Board and shall have refrained from voting on such contract. Conflict of interest. Section 321. The officers, agents and employees of the Industrial City may enter public or private property for the purpose of inspecting and investigating conditions relating to water quality and sewage disposal in the Industrial City. Entering private property. Section 322. The Board may hold hearings, receive pertinent and relevant proof from any party who appears before the Board, compel the attendance of witnesses, and make findings of fact and determinations with respect to administering the provisions of this Act or of any ordinances or regulations of the Industrial City. Hearings.
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Section 323. The Board of Directors may, in lieu of or in addition to electing a Treasurer of the Industrial City, appoint a bank in the State of Georgia to perform some or all of the duties of Treasurer, including the receipt, holding and disbursement of funds, and the investment thereof. Treasurer. Section 324. The Industrial City may contract for independent audits of its accounts. Each such audit shall be filed in the office of the Industrial City as a public record and in such other places as the Board of Directors may determine. Audits. Section 325. The Industrial City may 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 Board of Directors 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. Franchises. Section 326. The Industrial City may 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, water systems, sewer systems, air and water pollution control facilities, fire department stations and equipment, parking facilities, 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. Parks, etc. Section 327. The Industrial City may prescribe standards of health and sanitation and provide for the enforcement of such standards. Section 328. The Industrial City may 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. Garbage.
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Section 329. The Industrial City may 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 Industrial City. Nuisances. Section 330. The Industrial City may define a nuisance in the Industrial City and provide for its abatement. The Industrial 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 Industrial 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 Industrial City to do so. Same. Section 331. The Industrial City may regulate and license or prohibit the keeping or running at large of animals and fowl and provide for the impoundment of same in violation of any ordinance or lawful orders. The Industrial City may also provide for their disposition, by sale, gift or humane destruction, when not redeemed as provided by ordinance and provide punishment for violation of ordinances enacted hereunder. Animals. Section 332. The Industrial City may regulate and license vehicles operated for hire in the Industrial City, limit the number of such vehicles, require the operators thereof to be licensed, require public liability insurance on such vehicles in amounts prescribed by ordinance, and regulate and rent parking spaces in public ways for the use of such vehicles. Vehicles. Section 333. The Industrial City may 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 Board of Directors in such ordinance, rule, regulation or order, by fine of not over $500.00 or by imprisonment for not over sixty days for each offense. Fines. Section 334. The Industrial City may exercise and enjoy all other powers, functions, rights, privileges and immunities
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necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals and general welfare of the Industrial City and its inhabitants. The Industrial City may 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 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 works and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited under the Constitution or applicable public acts of the State. Police powers. Section 335. The Industrial City may levy taxes and make appropriations for the purpose of advertising said Industrial City and its advantages and resources so as to bring new capital and commercial, manufacturing and other enterprises into the Industrial City. Taxes. Section 336. The Industrial City may levy taxes and make payment from the general revenues and funds of the Industrial City for the support of public hospitals and libraries. Hospitals, etc. Section 337. The Industrial City may regulate and control public streets, public alleys and ways, and, provided that adequate and reasonable notice is given, the Board of Directors, may, in its discretion, by ordinance, alter, open or close public streets, public alleys and ways. Streets. Section 338. The Industrial City may exercise full police power, including the power of arrest, through duly appointed policemen. Policemen. Section 339. The Board of Directors 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. Planning Commission.
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Section 340. The Industrial City may provide for zoning and planning within and without its boundaries in accordance with an Act relating to zoning and planning in municipalities, approved January 31, 1946 (Ga. L. 1946, p. 191), as amended, and an Act authorizing planning commissions, approved March 13, 1957 (Ga. L. 1957, p. 420), as amended. Zoning. Section 341. The Board of Directors may, by ordinance, adopt and thereafter, by ordinance, amend a building code and a system of issuing and enforcing building permits so as to enforce said building code and any zoning ordinances which it may have adopted. Any such building code may contain all matters common to building codes generally, including requirements to assure the health and safety of the inhabitants of residences and of employees or others working in any building or structure within the jurisdiction of the Industrial City. Any such building code may be adopted by an ordinance which refers to such code as an attached exhibit, and if such ordinance shows that three copies of said code are available for public inspection during reasonable office hours at the office of the City Clerk, the code itself need not be published or posted and such ordinance shall take effect when duly published or posted without said code attached. Building code. Section 342. The Industrial City may impose service charges for police protection, or the use or availability of any one or more services or facilities mentioned in Section 326 hereof, on a nondiscriminatory basis against all owners or tenants of real property in the Industrial City whether the service or facility for which the charge is made shall be performed or made available by the Industrial City or by one or more of the counties. Such service charges may be pledged or assigned to the county performing the service involved and may, if so agreed in the contract between the Industrial City and the county governing such service, constitute the sole source of such payment. Such charges may be fixed by contract or lease with the lessee or any land owned by the city, or may be reserved for a period not exceeding forty years by contract or in any deed granting property from the Industrial City to any purchaser thereof,
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subject to revision as to amount in either case, from time to time, as provided in such lease, contract or deed. Service charges. Section 343. The Industrial City may grant franchises for periods of not exceeding ten years to public or private corporations for use of the Industrial City streets under conditions which do not (except for temporary construction and installation periods) interfere with the use by the public of such streets. Franchises. ARTICLE IV FISCAL ADMINISTRATION Section 401. 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 Industrial City. The Board of Directors, by ordinance, may elect to use the county assessments for the year in which the Industrial City taxes are to be levied, or may provide for an independent Industrial City evaluation or assessment as provided by Georgia law. Section 402. The Board of Directors 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 Industrial City shall be listed, assessed and collected. Section 403. The Board of Directors shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the Industrial City for the purpose of raising revenues to defray the costs of operating the Industrial City government, providing governmental services, and for any other public purpose as determined by the Board in its discretion. The Board is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The Industrial City is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104, inclusive. Ad valorem tax.
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Section 404. The Board shall provide by ordinance when the taxes of the Industrial 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 Industrial City either in installments or in one lump sum, in its discretion. The Board 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. Payment of taxes. Section 405. The Board 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 Industrial City or other person appointed by the Board, 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. Industrial 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 state or county taxes. Fi. fas. Section 406. The Board may provide by ordinance for the levy of such license and occupation taxes upon the residents of the Industrial City, 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 Board may deem expedient for the public health, safety, benefit, convenience or advantage of the Industrial City. The Board 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, 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. License tax, etc. Section 407. The City Clerk 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
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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 408. The Board shall have the power to issue general obligation bonds for the purpose of paying the cost of 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. Bonds. Section 409. The Board of Directors shall, by ordinance, set the fiscal year and set the procedures to be followed in adopting, changing and following the annual budget. Budget. Section 410. Revenue bonds may be issued by the Industrial City and may be validated as now or hereafter provided by an Act known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended for any purpose authorized by said law. Revenue bonds. Section 411. The Board may provide that an issue of revenue bonds be secured by a trust indenture with any trust company or bank having trust powers within or without the State of Georgia. Such indenture may, but need not, constitute a mortgage, in the discretion of the Board, and may contain all or any provisions customarily found in indentures under which are issued securities of private corporations commonly sold in interstate commerce. Same. Section 412. All revenue bonds of the Industrial City shall be investment securities under the Uniform Commercial
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Code. It shall not be necessary to file any financing or continuation statement to protect the interest of the bondholders in the revenues pledged to the payment of their bonds or in the continued operation and maintenance, or the construction or other acquisition of the facilities from the revenues of which their bonds are payable. Section 413. Revenue bonds of the Industrial City may be validated in accordance with the Revenue Bond Act above mentioned in the superior courts of Gordon, Murray and Whitfield Counties. If such bonds are payable from revenues to be derived from payments to be made pursuant to contract by one or more municipalities or other political subdivisions or corporations, public or private, and if the petition seeking the validation of such bonds or the answer of the Industrial City shall so request, the validity and enforceability of such contract may be decided upon validation, the other contracting parties being made parties to such validation proceeding. Section 414. As part of the security of any revenue bonds, the Industrial City may covenant that some or all payments to be made to it under any contract or contracts with any municipality or other political subdivision, public or private corporation, or person, shall be paid directly to a trustee and applied by said trustee as directed by the proceedings authorizing such bonds. Such proceedings may further assign to the trustee any or all rights of the Industrial City under any such contract or contracts and may authorize the trustee in its own name or in the name of the Industrial City to bring such suit on any such contract or take such other action as it deems advisable for the security of the holders of the bonds. Section 415. Whenever any bonds (whether revenue bonds or general obligation bonds) of the Industrial City shall have been authorized and validated, the Industrial City is authorized to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and within the authorized maximum amount of such bond issue. Any such loan shall mature within three years after the date on which the issuance of such bonds shall have been authorized. Bond
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anticipation notes shall be issued for all moneys borrowed under the provisions of this Section, and such notes may be renewed from time to time, but all such notes shall mature within the time above limited for the maturity of the original loan, except that if the bonds are offered for public sale at the maximum rate specified in the validation petition and no bids are received, said notes may be renewed for a period ending six months from the date of said attempted public sale. Subsequent six-month renewals may be made after attempted public sales of the bonds until the bonds are sold or other provisions made for payment of the notes. Such notes shall be authorized by resolution of the Board and shall be in such denomination or denominations, shall bear interest at such rate or rates not exceeding the maximum rate permitted by the resolution authorizing the issuance of the bonds, shall be in such form and shall be executed in such manner, all as the Board shall prescribe. Such notes may be sold at either public or private sale or, if such notes shall be renewal notes, they may be exchanged for notes then outstanding on such terms as the Board shall determine. The Board may, in its discretion, retire any such notes by means of current revenues, in lieu of retiring them by means of bonds; provided, however, that before the retirement of such notes by any means other than the issuance of bonds, it shall amend or repeal the resolution authorizing the issuance of the bonds in anticipation of the proceeds of the sale of which such notes shall have been issued so as to reduce the authorized amount of the bond issue by the amount of the notes so retired. Section 416. The Industrial City may refund any of its revenue bonds or general obligation bonds, whether by exchange of refunding bonds for refunded bonds, by sale of refunding bonds and simultaneous payment and cancellation of the bonds refunded, or by sale of the refunding bonds and the deposit in escrow and investment of refunding bond proceeds, until a date upon which the bonds to be refunded can be paid in accordance with their terms. Section 417. In case any revenue bond or general obligation bond shall be mutilated, lost, destroyed or improperly
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cancelled, the Industrial City may issue a replacement bond, which shall not be deemed an overissue. ARTICLE V INDUSTRIAL DEVELOPMENT AUTHORITY Section 501. An industrial development authority, to be known as the Gordon, Murray and Whitfield Counties Industrial Development Authority and to be governed by directors appointed by the Board of Directors of the Industrial City, is hereby created and empowered to exercise all of the powers provided in Article VII, Section VII, Paragraph V-A of the Constitution of the State of Georgia and the Industrial Development Authorities Law, approved April 12, 1963 (Ga. L. 1963, p. 531), as amended. Said Authority shall have all the duties, powers, privileges and immunities specified by said provision of the Georgia Constitution and said Industrial Development Authorities Law. Revenue bonds of said Authority may be validated in the superior courts of Murray, Gordon and Whitfield Counties. ARTICLE VI RELATIONSHIP WITH COUNTIES Section 601. The Industrial City is expected, for a temporary period, to rely upon one or more of the counties to furnish some services within the Industrial City which the Industrial City will later expect to perform on its own behalf. Other services may prove most efficiently performed if performed by one or more of the counties in the Industrial City for an extended period of time. For this reason, each of the counties is hereby empowered, at the request of the Industrial City expressed by resolution of its Board of Directors, to exercise any of its powers throughout the territorial limits of the Industrial City and within such wider area as the Industrial City may have limited jurisdiction over, even though partly outside of such county. Section 602. The Industrial City and any county may make any contract as to the performance of any service
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or function which both are authorized to perform to the full extent permitted by Article VII, Section VI, Paragraph I of the Constitution of the State of Georgia. Section 603. Any such contract may provide that the Industrial City shall pay for any service provided thereunder, for a period of not to exceed forty years, from the proceeds of any designated revenues, or from the proceeds of ad valorem taxes, or both. If so provided by any such contract, the obligation of the Industrial City to continue to make such payments, and to maintain the availability of the source thereof, shall be irrevocable and not subject to impairment by said Industrial City or by the General Assembly of the State of Georgia. Section 604. None of the counties may levy a tax for roads and bridges against property in the Industrial City at a rate higher than four mills on the dollar of assessed valuation without the consent of the Board of Directors. Section 605. The Industrial City may assess property for taxation by any official of the Industrial City authorized by ordinance to do so, or it may use the tax digests of the counties, as provided in section 401 hereof. All taxable property in the Industrial City shall be assessed uniformly for state and county purposes by the three counties. The three counties may, by resolutions of their governing bodies, agree that the assessing official of one of said counties shall assess all of the taxable property in the Industrial City for state and county purposes so as to insure uniformity of taxation. If such an arrangement is adopted, the assessments so made shall be subject to equalization as other assessments of the county in which the assessing official holds office. Section 606. None of the counties, nor any municipality, shall have power or authority to enforce any building code or zoning ordinance over territory within the boundaries of said Industrial City, as described in Section 201 hereof or as it may from time to time be enlarged, except with the consent of the Board of Directors entered on the minutes of the Board. No such consent may be effective for more than
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ten years, but any such consent may be renewed from time to time for periods of not over ten years each. Section 607 . The Industrial City and the governing body of each or any school district or other public board, commission or official having charge of the operation of public schools or the raising of money for their support or the incurring of indebtedness for school improvements now or hereafter established, may enter into agreements, extending for not longer than ten years each and subject to successive renewals for periods of not longer than ten years each, governing the furnishing of education in the Industrial City, the imposition and collection of taxes (ad valorem taxes, excise taxes or other taxes) within said Industrial City, and the construction or other acquisition of and payment for educational (including recreational) facilities. Such contracts may provide for the payment of educational costs by the Industrial City or by the imposition and collection of taxes or service charges on a uniform basis within the Industrial City, may provide for the use of any building or buildings (whether public or private) with the consent of the owner or lessee for both educational purposes and other purposes, and may provide for the use of park and recreational facilities, for use partly by the public and partly for school purposes. Any such contract may restrict or prohibit the imposition of taxes for school purposes on property in the Industrial City if the parties to such contract both agree in said contract that the compensation to be received from the Industrial City, its residents, other occupants (including persons and corporations doing business therein) and property will equal or exceed the aggregate cost of furnishing educational services to the inhabitants of the Industrial City. Section 608 . No local service districts for the furnishing of water, sewerage service, other utility service, fire protection, libraries, hospital service, public transportation, airports or other governmentally supplied services shall be formed to contain any territory within the Industrial City except by consent of the Board of Directors. The Board of Directors is hereby authorized to assume control of any such districts as may now be wholly located in said Industrial City, or may contract with any such district partially located
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therein to the same extent as with a county, or may acquire any facilities located in the Industrial City and owned or operated by any such district, by the exercise of the power of eminent domain. ARTICLE VII EFFECT OF THIS ACT Section 701 . This Act, being for the creation of a political subdivision in an area to be thickly inhabited, rather than in an area already so inhabited, shall not be and is not subject to the provisions of an Act relating to minimum standards for new municipalities, approved April 2, 1963 (Ga. L. 1963, p. 251), as amended. Section 702 . The purpose of this Act being the establishment of a planned community, the powers hereby granted to, and the restrictions imposed on, the industrial City shall be construed to accommodate that end, particularly with respect to the powers of planning, zoning and adopting building codes. In addition to the powers with respect to such matters herein delegated to it, the Industrial City shall have the power to exercise planned unit zoning. Such power shall include the power to plan for the use of all land within the Industrial City, whether publicly or privately owned, and to accomplish such plan as it may from time to time be modified, by zoning ordinances and regulations, building codes and other ordinances, resolutions and regulations, or restrictions in contracts, deeds and leases. Such planning may take account of economic, aesthetic and environmental factors, as well as other factors normally permitted by law. Section 703 . 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
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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 704. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1973. GWINNETT COUNTYSTATE COURTCOMPENSATION OF OFFICERS CHANGED. No. 123 (House Bill No. 1186). An Act to amend an Act establishing the State Court of Gwinnett County (formerly known as the Civil and Criminal Court of Gwinnett County), approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended, particularly by an Act approved March 31, 1967 (Ga. L. 1967, p. 2377), so as to change the compensation for the officers thereof, to provide for the appointment of an investigator, his duties and compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Gwinnett County (formerly known as the Civil and Criminal Court of Gwinnett County), approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended, particularly by an Act approved March 31, 1967 (Ga. L. 1967, p. 2377), is hereby amended by striking from section 15 the following: nine thousand ($9,000.00) dollars, and inserting in lieu thereof the following: ten thousand seven hundred fifty ($10,750.00) dollars, so that when so amended, section 15 shall read as follows:
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Section 15. There shall be a solicitor of said court who shall be elected by the qualified voters of Gwinnett County at the same time and under the same rules and regulations as other county officers are now elected. The present solicitor of said court shall continue to serve his present term and until his successor is elected and qualified. A solicitor for said court shall be elected at the general election for state and county officers to be held in the year 1970 for a term of four years beginning January 1, 1971, and at the general election for state and county officers to be held every four years thereafter for each succeeding term of four years, and said solicitor shall hold office until his successor is elected and qualified. The solicitor of said court shall be at least twenty-five years of age, shall have practiced law at least three years and resided in Gwinnett County two years prior to his taking office. He shall take the same oath of office as is prescribed for solicitors-general of the State. He shall represent the State and shall prosecute all criminal cases in said court, and such criminal cases as shall be carried to the appellate courts of Georgia. Said solicitor shall be paid a salary of ten thousand seven hundred and fifty ($10,750.00) dollars per annum, payable monthly out of the treasury of said county by the office of the county authorized to pay out such funds. The salary of said solicitor shall be an expense of said court. Solicitor. Section 2. Said Act is further amended by striking from section 14 the words and figures nine thousand ($9,000.00), and inserting in lieu thereof the words and figures eleven thousand ($11,000.00), so that when so amended, section 14 shall read as follows: Section 14. Be it further enacted that there shall be a judge of said court who shall be elected by the qualified voters of Gwinnett County, Georgia, at the same time and under the same rules and regulations as other county officers are now elected; provided, however, that the present judge of said court shall continue to serve his present term, and until his successor is elected and qualified. A judge of said court shall be elected at the general election for state and county officers to be held in the year 1966, for a term of four years beginning January 1, 1967, and at the general
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election for state and counties to be held every four years thereafter for each succeeding term of four years, and said judge shall hold office until his successor is elected and qualified. The judge of said court shall be at least twenty-eight years of age, shall have practiced law at least five years and resided in Gwinnett County for two years prior to his taking office. He shall take and subscribe in substance the oath of office as is prescribed for judges of the superior courts. He shall be vested with all the power and authority of judges of the superior courts. He shall be invested with all the power and authority of judges of the superior courts as to all matters, except as are exclusively conferred upon the judges of the superior courts by the Constitution and laws of this State. Such judge shall be paid a salary of eleven thousand ($11,000.00) dollars per annum, payable monthly out of the treasury of Gwinnett County by the officers of said county authorized to pay out the funds of said county. The salary of such judge shall be an expense of said court. Judge. Section 3. Said Act is further amended by adding between sections 15 and 16, a new Section to be designated section 15A, to read as follows: Section 15A. The solicitor of said court is hereby authorized to appoint a special investigator to serve at his pleasure. The special investigator shall perform such duties as may be assigned by the solicitor. Said special investigator shall be compensated in the amount of nine thousand ($9,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Gwinnett County. Investigator. 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. Take notice that there will be introduced at the 1973 session of the General Assembly of Georgia a Bill to amend the
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laws creating the State Court of Gwinnett County; formerly known as Civil and Criminal Court of Gwinnett County; so as to provide for juries composed of six persons; and for other purposes. Gib Dean Representative for Gwinnett County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gibson Dean II 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 Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 12, 19, 26, 1973. /s/ Gibson Dean, II Representative, 60th District Sworn to and subscribed before me, this 7th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. HEARD COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY, ETC. No. 124 (Senate Bill No. 125). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Heard County, known as
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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 Heard 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 $8,800.00, 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 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. Costs. Section 4. The Clerk of the Superior Court shall have the authority to appoint such deputies, clerks, assistants
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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 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 and utilities as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Heard 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1973 Session of the General Assembly of Georgia, Bill to change the compensation of the Clerk of
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Superior Court of Heard County, Georgia, from a fee to a salary system; and for other purposes. This the 4th day of Dec., 1972. Marvin Noles, W. H. Goodson W. A. Parmer Georgia, Heard County. Before me, the undersigned authority, duly authorized to administer oaths, this day personally came B. T. McCutchen, who, being first duly sworn, according to law, says that he is the Editor and Publisher of the News and Banner, official newspaper published at Franklin, said county and state, and that the attached copy of Notice of Intention to Introduce Local Legislation, was published in the News and Banner on the following dates: December 13, 20, and 27, 1972, and January 3, 1973. /s/ B. T. McCutchen Sworn to and subscribed before me this 8th day of January, 1973. /s/ Talmadge Davis Clerk, Heard Superior Court. Approved March 29, 1973. HEARD COUNTYORDINARY PLACED ON SALARY, ETC. No. 125 (Senate Bill No. 126). An Act to abolish the present mode of compensating the Ordinary of Heard 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
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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 Heard 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 $7,800.00, 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. 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
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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 and utilities as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Heard 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. 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 1973 Session of the General Assembly of Georgia, Bill to change the compensation of the Ordinary of the State
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Court of Heard County, Georgia, from a fee to a salary system; and for other purposes. This the 4th day of Dec., 1972. Marvin Noles W. H. Goodson W. A. Parmer Georgia, Heard County. Before me, the undersigned authority, duly authorized to administer oaths, this day personally came B. T. McCutchen, who, being first duly sworn, according to law, says that he is the Editor and Publisher of the News and Banner, official newspaper published at Franklin, said county and state, and that the attached copy of Notice of Intention to Introduce Local Legislation, was published in the News and Banner on the following dates: December 13, 20, and 27, 1972, and January 3, 1973. /s/ B. T. McCutchen Sworn to and subscribed before me, this 8th day of January, 1973. /s/ Talmadge Davis Clerk, Heard Superior Court. Approved March 29, 1973. HEARD COUNTYCOMPENSATION OF COMMISSIONERS CHANGED. No. 126 (Senate Bill No. 127). An Act to amend an Act creating a Board of Commissioners of Heard County, approved March 27, 1941 (Ga. L. 1941, p. 864), as amended, so as to change the compensation of the members of the Board of Commissioners of Heard
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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 Heard County, approved March 27, 1941 (Ga. L. 1941, p. 864), as amended, is hereby amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6, to read as follows: Section 6. Each member of the Board of Commissioners of Heard County shall receive an annual salary of $3,600.00, payable in equal monthly installments. In addition to such compensation, each commissioner shall receive an additional sum of $50.00 per month from Heard County as an expense allowance to be used by such commissioners to defray the costs incurred in the discharge of the official duties of their office. The regular meeting of the Board shall be held on the first Monday in each month. The chairman may call such additional meetings of the Board as he shall deem necessary. 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, 1973 Session of the General Assembly of Georgia, a bill pertaining to the compensation of the Commissioners of roads and revenues of Heard County; to repeal conflicting laws; and for other purposes. This the 4th day of Dec., 1972. Marvin Noles, Chairman W. H. Goodson
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Georgia, Heard County. Before me, the undersigned authority, duly authorized to administer oaths, this day personally came B. T. McCutchen, who, being first duly sworn, according to law, says that he is the Editor and Publisher of the News and Banner, official newspaper published at Franklin, said county and state, and that the attached copy of Notice of Intention to Introduce Local Legislation, was published in the News and Banner on the following dates: December 13, 20, and 27, 1972, and January 3, 1973. /s/ B. T. McCutchen Sworn to and subscribed before me this 8th day of January, 1973. /s/ Talmadge Davis Clerk, Heard Superior Court. Approved March 29, 1973. HEARD COUNTYCOMPENSATION OF SHERIFF CHANGED. No. 127 (Senate Bill No. 128). An Act to amend an Act placing the sheriff of Heard County on an annual salary in lieu of the fee system of compensation, approved February 9, 1965 (Ga. L. 1965, p. 2020), as amended, particularly by an Act approved February 27, 1969 (Ga. L. 1969, p. 2122), 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 Heard County on an annual salary in lieu of the fee system of compensation, approved February 9, 1965 (Ga. L. 1965, p. 2020),
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as amended, particularly by an Act approved February 27, 1969 (Ga. L. 1969, p. 2122), is hereby amended by striking the figure 8,250.00 from section 1 and inserting in lieu thereof the figure 10,000.00, so that section 1, when so amended, shall read as follows: Section 1. The present method of compensation for the sheriff of Heard County, Georgia, is hereby changed from the fee system to the salary system, and the sheriff of Heard County shall hereafter be paid on a salary basis. The sheriff shall be compensated in the amount of $10,000.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Heard County. Such compensation shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments and perquisites of whatever kind which shall be allowed the sheriff of Heard County after the effective date of this Act, and said salary shall also include all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments or perquisites of whatever kind which shall be allowed said sheriff in his official capacity or as an official or agent for any court, department or official of Heard County or for any department or official of the State of Georgia. 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, 1973 Session of the General Assembly of Georgia, a bill pertaining to the compensation of the sheriff
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of Heard County; to repeal conflicting laws; and for other purposes. This the 4th day of Dec., 1972. Marvin Noles, Chairman W. H. Goodson Georgia, Heard County. Before me, the undersigned authority, duly authorized to administer oaths, this day personally came B. T. McCutchen, who, being first duly sworn, according to law, says that he is the Editor and Publisher of the News and Banner, official newpaper published at Franklin, said county and state, and that the attached copy of Notice of Intention to Introduce Local Legislation, was published in the News and Banner on the following dates: December 13, 20, and 27, 1972, and January 3, 1973. /s/ B. T. McCutchen Sworn to and subscribed before me, this 8th day of January, 1973. /s/ Talmadge Davis Clerk, Heard Superior Court. Approved March 29, 1973. HEARD COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED. No. 128 (Senate Bill No. 129). An Act to amend an Act consolidating the offices and duties of Tax Receiver and Tax Collector of Heard County into the single office of Tax Commissioner of Heard County, approved April 17, 1929 (Ga. L. 1929, p. 638), so as to change the compensation of the Tax Commissioner of
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Heard 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 and duties of Tax Receiver and Tax Collector of Heard County into the single office of Tax Commissioner of Heard County, approved April 17, 1929 (Ga. L. 1929, p. 638), 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. (a) The tax commissioner shall receive an annual salary of seven thousand eight hundred dollars ($7,800.00) per annum, payable in equal monthly installments from the funds of Heard County. Any clerical personnel which may be necessary for the tax commissioner to perform the duties of his office shall be paid by the tax commissioner out of his annual salary. Salary. (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 Heard 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 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 now or hereafter amended. Section 2. The provisions of 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.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1973 Session of the General Assembly of Georgia, Bill to change the compensation of the Tax Commissioner of Heard County, Georgia, from a fee to a salary system; and for other purposes This the 4th day of Dec., 1972. Marvin Noles W. A. Parmer Georgia, Heard County. Before me, the undersigned authority, duly authorized to administer oaths, this day personally came B. T. McCutchen, who, being first duly sworn, according to law, says that he is the Editor and Publisher of the News and Banner, official newspaper published at Franklin, said county and state, and that the attached copy of Notice of Intention to Introduce Local Legislation, was published in the News and Banner on the following dates: December 13, 20, and 27, 1972, and January 3, 1973. /s/ B. T. McCutchen Sworn to and subscribed before me, this 8th day of January, 1973. /s/ Talmadge Davis Clerk, Heard Superior Court. Approved March 29, 1973. COMPENSATION OF CERTAIN SHERIFFS PROVIDED. (500,000 OR MORE). No. 129 (Senate Bill No. 139). An Act to provide for the compensation of the sheriff of certain counties, and the procedure in connection with
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the payment thereof; to provide for an effective date; to specifically repeal certain laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The annual salary of the sheriff of all counties in the State having a population of 500,000 or more, according to the 1970 United States Decennial Census, or any future such census, shall be $25,000.00. Said salary shall be payable in equal monthly installments out of the treasuries of such counties. Salary. 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. An Act providing for the salary of the sheriff in certain counties, approved February 16, 1970 (Ga. L. 1970, p. 2049), is hereby repealed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1973. FULTON COUNTYCOMPOSITION OF BOARD OF COMMISSIONERS CHANGED, ETC. No. 130 (Senate Bill No. 189). An Act to amend an Act creating the Board of Commissioners of Fulton County approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2672), so as to change the composition of said Board by increasing the number of members thereof; to provide for the election of the members of said Board; to provide for commissioner districts; to provide for terms of office; to provide an effective date; to provide for all matters
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relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Fulton County approved December 3, 1880 (Ga. L. 1880-81, p. 508), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2672), is hereby amended by striking section 1 through 4 of said amendatory Act approved February 15, 1952 (Ga. L. 1952, p. 2672), in their entirety and substituting in lieu thereof new sections 1 through 4 to read as follows: Section 1. The Board of Commissioners of Fulton County shall be composed of seven members who shall be elected as provided for hereinafter. Composition. Section 2. (a) For the purpose of electing the members of the Board of Commissioners, there shall be seven Commissioner Districts to be designated Districts 1 through 7, and one Commissioner shall be elected from each of said Districts. Commissioner Districts 1, 2 and 3 shall each consist of the entire County of Fulton. For the purpose of electing the remaining four Commissioners, Fulton County shall be divided into Commissioner Districts as follows: Districts. Commissioner District 4 shall consist of the following Census Tracts of such county: Tracts 1, 2, 5, 6, 7, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101.01, 101.02, 102.01, 102.02, 114, 115 and 116. Commissioner District 5 shall consist of the following Census Tracts of such county: Tracts 4, 8, 9, 10, 11, 12, 13, 14, 15, 19, 20, 21, 22, 23.24, 25, 77.01, 78.01, 78.02, 79, 80, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01 and 87.02.
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Commissioner District 6 shall consist of the following Census Tracts of such county: Tracts 16, 17, 18, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 52, 53, 55.01, 55.02, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 67, 69, 71, 72, 81.01 and 81.02. Commissioner District 7 shall consist of the following Census Tracts of such county: Tracts 66.01, 66.02, 68, 70, 73, 74, 75, 76.01, 76.02, 77.02, 103, 104, 105.01, 105.02, 106.01, 106.02, 107, 108, 109, 110, 111, 112.01, 112.02, 113.01 and 113.02. (b) For the purposes of this section, the term `Census Tract' shall have the same meaning and describe the same geographical boundaries as provided in the U.S. Department of Commerce, Bureau of the Census, report of the United States Decennial Census of 1970 for the State of Georgia. Any portion of Fulton County not included in Commissioner Districts 4 through 7, described above, shall be included within that Commissioner District contiguous to such portion which contains the least population according to the United States Decennial Census of 1970. (c) All members of said Board of Commissioners shall be qualified electors of Fulton County and shall be at least twenty-five years of age as of the date of taking office. All of said members shall have been residents of Fulton County for at least one year as of the date of their taking office and of their respective Districts for at least one year as of the date of their taking office. The Commissioners from Districts 1, 2 and 3 shall be elected by a majority of the qualified electors of the entire County of Fulton voting at the elections provided for hereinafter. The members from Commissioner Districts 4 through 7 shall be residents of their respective Districts, and each such member shall be elected by a majority vote of the qualified electors voting within his respective District at the elections provided for hereinafter. Any person offering as a candidate for Commissioner shall designate the Commissioner District for
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which he is offering. All members of said Board of Commissioners shall be nominated and elected in accordance with the provisions of Georgia Code Title 34, known as the `Georgia Election Code', as now or hereafter amended. Qualifications. Section 3. (a) The initial members of the Board of Commissioners created herein shall be elected at the general election of 1974, and shall take office on the first day of January 1975, for terms of four years or until their successors are elected and qualified. Thereafter, the successors to said Commissioners shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years or until their successors are elected and qualified. Election. (b) The Chairman of the Board of Commissioners shall be elected by the Board of Commissioners from its own membership at the first regular meeting held in January of each odd-numbered year, beginning with the year 1975. Each Chairman shall serve from the date of his election as such by the Board until his successor is elected by the Board as herein provided. In the event the office of the Commissioner who is serving as Chairman becomes vacant, the remaining members shall elect a Chairman from their own membership to serve for the unexpired term. The Chairman shall preside over meetings of the Board of Commissioners and shall be a full voting member thereof. Chairman. (c) Four members of said Board of Commissioners shall constitute a quorum for the transaction of business, but the affirmative vote of at least four members shall be required for said Board of Commissioners to take official action. Quorum. Section 4. Except as otherwise provided by the foregoing sections 1 through 3, the laws relative to the Board of Commissioners of Fulton County and any other law affecting said Board or the members thereof shall continue to apply to the Board of Commissioners and the members thereof provided for by said foregoing sections 1 through 3.
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Section 2. Except for the provisions of this Act relating to and necessary for the election of the members of the Board of Commissioners at the general election of 1974, the provisions of this Act shall become effective on January 1, 1975. The provisions of this Act relative to and necessary for the election of Board members at the general election of 1974 shall become effective immediately upon the 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 regular 1973 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Fulton County approved December 3, 1880 (Ga. Laws 1880-81 D. 508), as amended, so as to change the composition of said Board; to provide for all matters relative thereto; and for other purposes. Paul D. Coverdell Senator, 40th District January 5, 1973 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Coverdell who, on oath, deposes and says that he is Senator from the 40th 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
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Fulton County, on the following dates: January 9, 16, 23, 1973. /s/ Paul D. Coverdell Senator, 40th District Sworn to and subscribed before me this 30 day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved March 29, 1973. CLARKE COUNTYNEW BOARD OF COMMISSIONERS CREATED, ETC.REFERENDUM. No. 132 (Senate Bill No. 341). An Act to create a new Board of Commissioners of Clarke County; to provide for Commissioner Posts; to provide for the election and terms of office of members of the Board; to provide for filling vacancies; to provide for the conduct of elections; to provide for recall of the Chairman or other members of the Board; to provide for an oath and bond; to provide for the compensation of the Chairman and other members of the Board; to provide for meetings; to provide for officers of the Board; to prescribe the powers and authority of the Board; to provide for records and minutes; to provide for budgets and appropriations; to provide for expenditures by allotments; to provide for audits; to create the office of County Administrator of Clarke County; to provide for qualifications of the County Administrator; to provide for oath of the County Administrator; to prescribe the duties of the County Administrator; to prohibit political activity by the County Administrator; to provide that
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the County Administrator shall devote full time to the duties of his office; to authorize the Board to review, repeal or modify any action of the County Administrator under certain conditions; to provide for additional duties of the County Administrator; to provide for removal of the County Administrator; to provide for county budgets; to provide for tax digests; to provide that all orders, directions and instructions to the County Administrator shall be entered on the minutes of the Board; to provide for the compensation of the County Administrator; to provide for the bond of the County Administrator; to provide that officials shall not be interested in county contracts; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for a special election under certain conditions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Board of Commissioners Created. There is hereby created in and for the County of Clarke a Board of Commissioners to be elected and organized as hereinafter set forth, which Board of Commissioners shall constitute the governing authority of said County and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. The term Board, whenever used herein, shall mean the Board of Commissioners of Clarke County, including the Chairman and all members. Creation. Section 2. Commissioner Posts. (a) The Board established herein shall consist of five members. All such members shall be elected by the qualified voters of the entire County. The five positions on the Board shall be designated as Commissioner Post No. One, Commissioner Post No. Two, Commissioner Post No. Three, Commissioner Post No. Four and Commissioner Post No. Five. Commissioner Post No. Five shall be the position of Chairman of the Board of Commissioners of Clarke County. In all elections conducted pursuant to this Act, each candidate shall designate, at the time of qualifying, the Post for which he offers as a candidate. To be elected as a member of the Board, a candidate must receive the highest number of votes cast for
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the Post he is seeking and, at the same time, a candidate must receive a majority of the total votes cast. In the event no candidate for a particular Post receives a majority of the votes for the Post he is seeking, a run-off election shall be conducted for that particular Post in accordance with the provisions of the Georgia Election Code, as now or hereafter amended. (b) Qualifications of Members. Any person, in order to be eligible for membership on the Board, must be at least 25 years of age; must have been a bona fide resident and citizen and taxpayer of Clarke County for the two years immediately preceding the date of the election; and must be qualified and registered in Clarke County to vote for members of the General Assembly. A member of the Board shall be ineligible to hold any other elective office of the County, any city, the State of Georgia, or of the United States, during his term of office on the Board. Section 3. Election and Terms of Office of Members. The present members of the Board of Commissioners of Clarke County shall continue to serve until the expiration of their respective terms of office on December 31, 1974. The members of the Board created herein to represent Commissioner Post Nos. Four and Five shall be elected at the special election to be conducted as hereinafter provided, and their terms of office shall commence on the first day of the month following their election, and expire on December 31, 1976. Successors to the present members of the Board and successors of the Board elected to represent Commissioner Post Nos. One, Two and Three shall be elected in subsequent elections conducted on the date of the general election in the year in which their respective terms of office expire. All persons elected at such elections shall take office on the first day of January immediately following their election. Other than elections to fill vacancies for unexpired terms, they shall serve for terms of office of four years each and until their respective successors are duly elected and qualified. Section 4. Vacancies. (a) In the event of a vacancy in the office of the Chairman for any reason, other than expiration
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of a term of office, it shall be the duty of the Ordinary of Clarke County to issue the call for a special election, within 5 days after the occurrence of the vacancy, to fill said vacancy. The special election shall be conducted in accordance with the Georgia Election Code, as now or hereafter amended. (b) In the event of a vacancy in any of the other positions on the Board for any reason, other than the expiration of a term of office, it shall be the duty of the remaining members of the Board to fill the vacancy by appointment within 30 days after the occurrence of the vacancy. All persons appointed to fill vacancies as provided herein shall serve until the next general election, at which time a person shall be elected to serve for the remainder of the unexpired term of such office. Section 5. Election Returns. In all elections for members of the Board conducted pursuant to this Act, the returns shall be canvassed and the result certified as provided in the Georgia Election Code, as now or hereafter amended, and the persons so certified shall be declared and deemed to be elected to such office. Section 6. Recall of Chairman of Commissioners. The Chairman or any Commissioner shall be subject to a recall election at any time after nine (9) months of his term has expired. The petition for any such recall election must be signed by not less than 20 percent of the qualified registered voters of said County and shall be filed in the office of the Ordinary of said County. No such petition shall be filed with the Ordinary, however, unless there is attached thereto a certificate executed by the registrar or deputy registrar having charge of voters' registration cards in Clarke County certifying that the names appearing on said petition have been verified by comparison with the list of qualified registered voters maintained by him, and that the names appearing thereon constitute not less than 20 percent of such voters. Such certificate shall be furnished by said registrar or deputy registrar within thirty (30) days from the date such petition is presented to him for certification. When such certified petition has been so filed with the
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Ordinary, it shall be his duty to call an election to be held not more than thirty (30) days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the County gazette at least twice before each such election. The ballots or voting machines employed in such election shall state the name of the officer whose recall has been petitioned, the office which he holds, and the dates of the beginning and termination of his official term, and shall be prepared so as to enable voters in such election to vote For recall of the above named officer or Against recall of the above named officer. 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 publication, and the officer so recalled shall not be eligible to election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the official shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. No officer subject to the provisions of this Section shall be subject to more than one recall election during a term of office. Section 7. Oath and Bond. Before entering upon the discharge of their duties, the Chairman and other Commissioners shall subscribe an oath before the Ordinary of Clarke County for the true and faithful performance of their duties and that they are not the holders of public funds unaccounted for. In addition, the Chairman shall further give a satisfactory surety bond approved by and payable to the Ordinary of Clarke County 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. Each Commissioner shall give like bond in the sum of ten thousand dollars ($10,000.00). The cost of the bonds shall be paid from the funds of Clarke County. Section 8. Compensation. The Chairman of the Board shall be compensated in the amount of seven thousand two hundred dollars ($7,200.00) per annum, to be paid in equal
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monthly installments, and he shall also receive an annual expense allowance of one thousand two hundred dollars ($1,200.00) per annum, payable in equal monthly installments. The other four members of the Board shall be compensated in the amount of three thousand six hundred dollars ($3,600.00) per annum, to be paid in equal monthly installments, and they shall also receive an annual expense allowance of six hundred dollars ($600.00) per annum each, payable in equal monthly installments. Said sums shall be paid from the funds of Clarke County. The salary and expense allowance so fixed shall constitute the entire compensation from all sources to which the Chairman or any 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 9. Meetings. The Board shall hold regular meetings on the second Tuesday of each month at 7:30 p.m. at the County Courthouse, and such meetings shall be open to the public. The Board may hold such additional meetings at times and places within the County as it shall deem necessary when called by the Chairman or any three members of the Board, provided all members shall have been notified at least three days in advance of such special meeting. Whenever any regular meeting of the Board shall fall on a holiday, the meeting shall be conducted on the following regular business day. No official action shall be taken by the Board except in compliance with the provisions of an Act relating to meetings open to the public, approved March 28, 1972 (Ga. L. 1972, p. 575), as now or hereafter amended. Any three members of the Board shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting, but no official action shall be taken except upon the affirmative vote of at least three members of the Board. The Chairman shall be entitled to the same voting rights as other members on all matters considered by the Board. Section 10. Officers of the Board. At the first regular meeting in January of each year, the Board shall elect from its members a Vice-Chairman and such other officers as it shall deem necessary to effectively and efficiently
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carry out its duties and responsibilities. The Chairman shall preside at all Board meetings. The Vice-Chairman shall preside at Board meetings in the absence of the Chairman. Any member shall be eligible to succeed himself as Vice-Chairman. The Vice-Chairman shall be clothed with all of the authority of the Chairman and shall carry out the duties of the Chairman during his absence from the County or in the event of the death, disqualification or resignation of the Chairman. The Vice-Chairman shall serve until a new Chairman is selected as provided herein. In the event of a vacancy in the office of Vice-Chairman, the Board shall elect a new Vice-Chairman to serve for the remainder of the calendar year. Section 11. The Board. The Board shall have the powers and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the Board minutes, shall be conclusive and binding on the County Administrator. The policies, rules and regulations, when so adopted by the Board, shall be carried out, executed and enforced by the County Administrator as chief executive officer of the County, and the Board shall exercise only those administrative powers which are necessarily and properly incident to its function as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said County Administrator which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the Board shall be null, void and of no effect. The following powers are hereby vested in the Board and reserved to its exclusive jurisdiction: (a) To levy taxes. (b) To make appropriations. (c) To fix the rates of all other charges. (d) To authorize the incurring of indebtedness.
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(e) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment. (f) To acquire rights-of-way for public roads. (g) To establish, alter, or abolish public roads, private ways, bridges and ferries, according to law. (h) To establish, abolish, or change election precincts and militia districts according to law. (i) To allow the insolvent lists for the County. (j) To accept, for the County, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the County. (k) To exercise all powers, duties and authority authorized by law in respect to zoning and planning. (l) To create and change the boundaries of special taxing districts authorized by law. (m) To fix the bonds of County officers where same are not fixed by statute. (n) To enact any ordinances or other legislation the County may be given authority to enact. (o) To determine the priority of capital improvements. (p) To call elections for the voting of bonds. (q) To exercise all of the powers and authority heretofore vested by law in the Ordinary when sitting for County purposes, together with all powers and authority which may hereafter be delegated by law to the governing authority of the County, by whatever name designated. (r) To contract with any municipality in said County for fire and/or police protection.
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(s) To provide for the construction and maintenance, which shall include paving of streets, sidewalks or curbing, either one or a combination of two or more, in the urban areas of such county outside the corporate limits of any municipality located in such county, and to assess the cost thereof on a lineal foot basis against the abutting property owners. The Board is further authorized to provide for the issuance and enforcement of execution for the collection of such assessments, and for the creation of liens thereby against such abutting property. (t) To establish districts for the purpose of building, erecting, establishing, maintaining and operating within the County; storm sewers for the removal and disposal of surface waters and streams; street lights and lamps for illumination of the public streets, roads, sidewalks and ways situated in said County; and a system of garbage collection; or for any of the foregoing. For the carrying out of the aforesaid powers and purposes, said Board shall be further authorized to levy a tax and/or special assessments on the full tax assessed value of all property in said districts without exemption for the aforesaid purpose or make service charges against all businesses and residents served by said facilities, or either of said facilities, as said Board shall deem necessary for the services rendered, all without regard for uniformity. The same shall be collected by the tax commissioner of said County and may be enforced by the issuance of fi fas or executions for said charges in the same manner and with the same lien dignity and priority as fi fas or executions are issued for State and County taxes. Said Board shall also have authority to compel compliance with reasonable rules and regulations necessary for said services. (u) To issue and require building permits for all buildings and structures which are to be constructed in the County outside the corporate limits of any municipality, and to charge fees for such permits, which, in the discretion of the Board, shall not exceed the actual cost of any inspections which must be made relative to the issuance of such permits plus an amount which, in the discretion of the Board, should be charged to help defray the cost of the
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administration of this provision. The Board is further authorized to establish a building code governing all such construction, and to refuse building permits in cases where such construction does not conform with such code and cases where the governing authority, in its discretion, decides that the land upon which such construction is to be performed is unsatisfactory from a drainage or sanitary standpoint. The Board is hereby authorized to employ personnel to assist in carrying out the purposes of this provision, and is authorized to delegate to such personnel such of its duties as it deems advisable, except that the final decision as to whether the permit shall rest with the Board, rather than such personnel. (v) To levy, assess, and collect license fees and occupational taxes, for regulatory and revenue purposes, from any persons, firms or corporations (except those subject to regulation by the State Public Service Commission) who may maintain a place of business, including the operation of taxicabs, in any area of the County outside the incorporated limits of municipalities; and in levying and assessing such license fees and occupational taxes, the Board shall have the right and power to classify businesses and to assess different license fees and taxes against different classes of business. To provide for public welfare, health and security of the people of the County, the Board shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said County (except those subject to regulation by the State Public Service Commission) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by the Board shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. (w) To adopt ordinances or regulations for the governing and policing of said County for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof, of regulating the traffic on
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the streets, roads and highways thereof as it may deem advisable, not in conflict with the general laws of this State and of the United States, and for the implementation and enforcement of all duties and powers now or hereafter vested in said Board as the governing authority of the County, and to provide penalties for violations of such ordinances. Section 12. Records, Minutes. The County Administrator shall be ex officio clerk of the Board and shall keep a proper and accurate book of minutes wherein shall appear in chronological order all the acts, orders and proceedings of the Board. The minute books of the Board shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the County Treasury as other funds, to be assessed by the Board in an amount sufficient to defray the cost of preparing same. Section 13. Budgets and Appropriations. The fiscal year of the County shall be July 1 to June 30 beginning July 1, 1974. The County Administrator shall submit annually to the Board, not later than May 1st, a proposed budget governing expenditures of all County funds, including capital outlay and public works projects, for the following year. The Board shall thereafter hold a public hearing on the budget, giving notice thereof at least ten (10) days in advance by publication of such notice and of the proposed budget in the official organ of Clarke County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the Board at the first regular meeting in June of the year to which it applies, which budget, when so adopted or amended by the Board, shall constitute the appropriation of all funds for such year by the Board. The budget so adopted may be revised during the year only by formal action of the Board in a regular meeting, and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the County Administrator shall be accompanied by a report containing information
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and data relating to the financial affairs of the County pertinent to arriving at and establishing the annual budget. Section 14. Expenditures by Allotments. No expenditure of County funds shall be made except in accordance with the County budget, or amendments thereto, adopted by the Board. The County Administrator shall enforce compliance with this provision by all departments of County Government, including those for elected officers, and to this end shall institute a system of quarterly allotments of all monies appropriated and budgeted. Section 15. Audits. The Board shall on or before January 31st annually employ a certified public accountant for the making of an annual continuous audit of County finances and financial records. The accountant so employed shall be paid out of County funds and shall perform a complete audit of the financial records of the County for the ensuing year, pointing out any irregularities found to exist, and reporting the results of such audit to the Board at least quarterly. Each quarterly and annual report submitted to the Board shall be filed with the County Administrator and be made available to public inspection as other records in such office. The Board shall cause to be published in the official organ of Clarke County a statement of the financial condition of the County within 90 days after the close of business as of June 30th and December 31st of each year. Section 16. County Administrator. There is hereby created the office of County Administrator of Clarke County, Georgia. The County Administrator shall be elected by a majority vote of the Board of Commissioners of Clarke County, hereinafter referred to as the Board. The Board shall be authorized to enter into a contract with such person for a period of time which shall not extend beyond the expiration of the shortest terms of office to which such members have been elected. In the event of a vacancy in said office from any cause, the Board shall elect a successor by a majority vote. In the event the Board determines that it is not in the best interests of the County to elect a County Administrator, the Board is hereby authorized to designate
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such other persons as it may deem necessary to perform the duties of the County Administrator. Section 17. Compensation of County Administrator. The County Administrator shall be paid an annual salary to be fixed annually in January of each year by the Board. Section 18. Qualifications of County Administrator. No person shall be County Administrator before he shall have attained his twenty-fifth (25th) birthday, but shall not be eligible to hold the office after he reaches the age of sixty-five (65) years. He shall be of good character and of proven executive ability and experience. No person related by blood or marriage within the third degree to any member of the Board, or who is a member of the Board, or holder of a public elective office in the County or in any city or town political subdivision located within the territorial limits of the County at the time of his appointment or one year prior thereto, shall be eligible for appointment as County Administrator. The County Administrator must be a resident of Clarke County. Section 19. Oath of County Administrator. Before entering upon his duties, the County Administrator shall take and subscribe an oath for the faithful performance of his duties under this Act, which oath shall be duly entered on the minutes of the Board. Section 20. Duties of County Administrator. (a) The County Administrator shall be the chief executive officer of the County. It shall be his duty to execute all lawful orders, directions, instructions, and all rules and regulations adopted by the Board consistent with this Act and entered upon the minutes of said Board. He shall have supervision over all employees of the County now or hereafter subject to the jurisdiction of the Board. The Board shall be the appointing authority for the heads of all departments upon the recommendation of the County Administrator, except the County attorneys and auditors who shall be appointed solely by the Board. The Administrator shall have the responsibility to employ and discharge the employees with consent of the Board; to prepare and to
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recommend salary scales for all County employees; to prescribe the duties and supervise the work of County employees; to request reports from heads of departments and other employees trusted with administrative duties or exercising discretion. The County Administrator shall have the authority to examine all books and papers of every officer and department of the County when so directed by the Board. (b) The County Administrator shall be the purchasing agent for the County. He shall prescribe the procedure for requisitioning, require inventories of property, materials, supplies, equipment and services and recommend to the Board the adoption of the necessary rules and regulations which will provide for the orderly purchasing of County materials, supplies, equipment and services. He shall supervise the disbursement of all County funds, and he shall render such reports as may be required by the Board. The County Administrator may delegate purely administrative duties to subordinates in the County Government whose work the County Administrator shall supervise and direct; provided, however, the delegation or assignment of duties to subordinates shall not relieve the County Administrator from his responsibilities for administration of County affairs. Section 21. Political Activity by County Administrator Prohibited. The County Administrator shall not engage in or be concerned with any partisan politics or any political campaign. He shall not contribute to any campaign fund or solicit funds for political purposes from any other person. He shall not appoint any relative as an employee of such County. He shall not be eligible for election as a member of the Board for a period of four (4) years after termination of his service as County Administrator. Section 22. County Administrator; Devote Full Time. The County Administrator shall devote his entire time to the duties of his office and shall maintain his office at the courthouse or County office building.
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Section 23. Action by County Administrator Revocable. As chief administrative officer of such County, it shall be the duty of the County Administrator to conduct, supervise and administer all County affairs, subject only to the general laws, to rules prescribed by the Board, and subject to the right of the Board to review, repeal or modify any action of the County Administrator which is contrary to the general laws or such rules, by a vote of a majority of the Board at any subsequent, regular or called meeting, when such vote thus reviewing, repealing or modifying the action of the County Administrator shall be entered in writing on the minutes of the Board. Section 24. Additional Duties of County Administrator. (a) The County Administrator shall receive all requests for public work, road building, repairs to bridges and roads and public buildings, the construction of water and sewer mains, the opening, grading and improving of public roads and sidewalks. It shall be his duty to investigate and recommend to the Board a program for all of such work, provided nothing herein shall be construed to prevent the County Administrator from performing immediately any work in an emergency that is necessary to protect the interests of the County or the citizens thereof. It shall be the duty of the County Administrator to receive and consider requests for appropriations of County funds, all of which he shall investigate and report to the Board, with his recommendation thereon. (b) All requests and reports of County officers and departments shall be made to the County Administrator for his recommendation to the Board; the use and disposition of County property shall be under the supervision and direction of the County Administrator, subject to approval by the Board; all claims against the County shall be presented to the County Administrator, who shall investigate same and report same to the Board, together with his recommendation thereon. Section 25. Removal of County Administrator. The County Administrator may be suspended or removed at the
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pleasure of the Board by a majority vote of the Board except as otherwise provided by contract. In case of suspension or removal, the County Administrator shall be given a written statement of the reasons for such action. He may, within ten (10) days from receipt thereof, request a public hearing therein before the Board, which request shall be filed with the Chairman of the Board. Upon receipt of such request, a hearing shall be set not earlier than ten (10) days, nor later than fifteen (15) days from the date of such request. Pending such hearing, and until final action has been taken thereon, the County Administrator may be suspended from office, and all of the duties thereof performed by some other persons designated by the Board to perform such duties. The action of the Board in suspending or removing the County Administrator shall be final. Section 26. Instructions to County Administrator Entered on Minutes. All orders, directions and instructions from the Board to the County Administrator shall be duly entered on the minutes of the Board. No member of the Board shall privately issue orders to the County. Administrator or interfere with the County Administrator in the administration of his duties, except the Chairman on matters of urgency requiring action before the next meeting of the Board. Section 27. Bond of County Administrator. Before entering upon his duties, the County Administrator shall give bond in the amount of fifty thousand dollars ($50,000.00), payable to the County, upon which bond action may be brought in the name of the County at the instance of the Board, for any act of misfeasance, nonfeasance or malfeasance; the premium on such bond shall be paid out of the County Treasury, and the bond shall be kept by the Ordinary of such County. Section 28. County Budgets. The County Administrator, with the cooperation of the County Auditor, shall preplan and present to the Board a budget for each fiscal year; when the budget has been prepared and adopted as provided by law, it shall be the duty of the County Administrator to execute said budget. No department or officer of County
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Government shall exceed the budget without the written approval of the Board. All county department heads shall be given a preliminary budget hearing and a final budget hearing before a quorum of the Board of Commissioners. Section 29. Tax Digests. It shall be the duty of the County Administrator to investigate the tax digests and to recommend to the Board the levy of a sufficient tax upon all property of such County, which tax, together with all other sources of revenue which may lawfully be anticipated, shall be sufficient to balance the budget, after same has been adopted. Section 30. Officials Not to be Interested in Contracts. No member of the Board or other County officer empowered to use public or County funds for the purchase of goods, property, or services of any kind for public or County purposes shall be financially interested, directly or indirectly, in any contracts to which the County is a party, either as principal, surety or otherwise; or shall such officer, his partner, agent, servant or employee of a firm of which he is a member or by whom he is employed purchase from or sell to the County any real or personal property, goods, or services. Any contract made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings instituted by any taxpayer in said County in accordance with the provisions of Code Section 23-1714 of the Code of Georgia of 1933. All purchases of supplies, equipment and services and other materials in an amount in excess of one thousand dollars ($1,000.00) shall be by competitive bids with advertisement of said purchases to be published in the official organ of Clarke County for two weeks once a week before the date of purchase. Section 31. Referendum. Not less than 30 nor more than 90 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Clarke County to issue the call for an election for the purpose of submitting this Act to the voters of Clarke County for approval or rejection. The Ordinary shall set the date of such election for a day not
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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 Clarke County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act creating a new Board of Commissioners of Clarke County consisting of five members by adding two new members and providing for the election of the Chairman by the voters of Clarke 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 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 32. Special Election. If this Act shall be approved in the election provided for in Section 31 the Ordinary of Clarke County shall issue the call for a special election in not less than 1 or more than 10 days, for the purpose of electing the two members of the Board of Commissioners of Clarke County provided for herein. 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 Clarke County. The expense of such election shall be borne by Clarke County. It shall be the duty of the
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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 33. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Passage of Local Special Bill. Notice is hereby given that there shall be introduced in the 1973 Session of the General Assembly a bill creating a Board of Commissioners of Clarke County consisting of five (5) members; providing for commissioner districts; providing for the election of commissioners and of other county officers, their terms of office, salary and duties; and for other purposes. This 27th day of December 1972. Paul Broun, Senator 46th District The undersigned certifies on oath that he is an agent of Athens Newspapers, Inc., and that an advertisement of Paul Broun, Senator, has appeared on the issues of said newspaper January 5, January 12, January 19, 1973. Appeared in The Daily News Athens Newspapers, Inc. By: Robert W. Chambers Authorized Agent. Publisher
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Sworn to and subscribed before me, this 9 day of February, 1973. /s/ Frances P. Carter Notary Public, Clarke County, Georgia. My Commission Expires Aug. 5, 1973. Approved March 29, 1973. CERTAIN JUVENILE COURT JUDGESCOMPENSATION CHANGED. (250,000-500,000). No. 133 (Senate Bill No. 364). An Act to amend an Act changing the compensation of the judges of the juvenile courts in certain counties, approved March 21, 1970 (Ga. L. 1970, p. 3305), so as to change the compensation of said judges; to repeal certain specific Acts; 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 judges of the juvenile courts in certain counties, approved March 21, 1970 (Ga. L. 1970, p. 3305), 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. In all counties of this State having population of not less than 250,000 and not more than 500,000, according to the United States Decennial Census of 1970, or any future such census, the judges of the juvenile courts in such counties shall receive as annual compensation a sum equal to 85% of the total compensation received by any judge of the Stone Mountain Judicial Circuit in each such year, payable monthly out of the county treasury. Salary. Section 2. An Act to fix the salary of the judges of the juvenile courts in certain counties, approved March 10, 1966 (Ga. L. 1966, p. 3350), as amended by an Act approved
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February 21, 1968 (Ga. L. 1968, p. 2046), 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, 1973. MILLER COUNTYSTATE COURTFEES OF SOLICITOR CHANGED. No. 134 (Senate Bill No. 327). An Act to amend an Act creating the State Court of Miller County, formerly known as the City Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved February 15, 1950 (Ga. L. 1950, p. 2494), so as to change the fees of the solicitor; to provide 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 Miller County, formerly known as the City Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved February 15, 1950 (Ga. L. 1950, p. 2494), 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. For his services in said court, the fees of the solicitor shall be as follows: for every case finally disposed of in said court, founded upon accusation, fifteen ($15.00) dollars; for every indictment or special presentment finally
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disposed of in said court, fifteen ($15.00) dollars, and for all services for which this Section does not provide, he shall receive the same fees as were allowed on January 1, 1968, to the district attorney for similar services in the superior court. The foregoing fees are to be paid out of the fund arising from fines and forfeitures in said court, except as hereinafter provided. In the absence or disqualification, or illness of said solicitor, the judge of the State Court shall appoint a solicitor pro tem, who shall receive the same fees as are allowed the regularly elected solicitor of said court. Fees. 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 Request Local Legislation. Notice is hereby given that a request will be made to introduce local legislation adjusting the fees of the Solicitor of the State Court of Miller County, Georgia, effective upon approval of the bill. This legislation will be introduced at the 1973 session of the General Assembly of the State of Georgia. J. Bush Mims, Solicitor of the State Court of Miller County Georgia 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 Miller
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County Liberal which is the official organ of Miller County, on the following dates: January 11, 18, 25, 1973. /s/ Julian Webb Senator, 11th District Sworn to and subscribed before me, this 23rd day of February, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved March 29, 1973. CALHOUN COUNTYTAX COMMISSIONER PLACED ON SALARY, ETC. No. 135 (House Bill No. 66). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Calhoun County into the office of Tax Commissioner, approved February 6, 1952 (Ga. L. 1952, p. 2161), so as to provide an annual salary for the Tax Commissioner of Calhoun County in lieu of the fee system of compensation; 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 consolidating the offices of Tax Receiver and Tax Collector of Calhoun County into the office of Tax Commissioner, approved February 6, 1952 (Ga. L. 1952, p. 2161), is hereby amended by striking sections 3 and
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4 in their entirety and substituting in lieu thereof new sections 3 and 4 to read as follows: Section 3. (a) The Tax Commissioner of Calhoun County shall receive for his services as such an annual salary of $10,200.00 payable in equal monthly installments from the funds of Calhoun County. Salary. (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 Calhoun 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 relating to the sale of motor vehicle license plates by local tax officials, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, 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 4. (a) The Tax Commissioner shall be authorized to employ one full-time assistant who shall receive an annual salary of $4,800.00 payable in equal monthly installments from the funds of Calhoun County. It shall be within the sole discretion of the Tax Commissioner to name the person who shall serve as his assistant and such person shall serve at the pleasure of the tax Commissioner. (b) The expenses of the Tax Commissioner's office for supplies and equipment shall be paid from the funds of Calhoun County with the approval of the Board of Commissioners of said county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved
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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 1973 session of the General Assembly of Georgia, a bill to provide an annual salary for the Tax Commissioner of Calhoun County in lieu of the fee system of compensation; and for other purposes. The 4th day of December, 1972. Mobley Howell Representative, 118th District George Busbee Rep. District 114 Dick Hutchinson Rep. District 114 Billy Lee Rep. District 114 Colquitt Odom Rep. District 114 John Irwin Rep. Elect, District 113 Julian Webb State Senator, 114th Dist. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Mobley Howell who, on oath, deposes and says that he is Representative from the 118th District, and that the attached copy of Notice of
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Intention to Introduce Local Legislation was published in the Calhoun Courier which is the official organ of Calhoun County, on the following dates: December 4, 7, 14, 21, 28, 1972. /s/ W. Mobley Howell Representative, 118th District Sworn to and subscribed before me, this 8th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. BACON COUNTYTAX COMMISSIONERPART-TIME PERSONNEL AUTHORIZED, ETC. No. 136 (House Bill No. 512). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Bacon County into the office of Tax Commissioner of Bacon County, approved April 10, 1968 (Ga. L. 1968, p. 3542), so as to authorize the tax commissioner to employ part-time personnel with the approval of the governing authority of Bacon County; to authorize the governing authority of Bacon County to fix the compensation of such part-time personnel; 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 Bacon County into the office of Tax Commissioner of Bacon County, approved April 10, 1968 (Ga. L. 1968, p. 3542), is hereby amended by adding a
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new section, immediately following section 4, to be designated section 4A, to read as follows: Section 4A. The Tax Commissioner of Bacon County shall have the sole power and authority to appoint part-time personnel to assist him in the performance of the duties of his office with the approval of a majority of the governing authority of Bacon County, but such personnel shall receive only such compensation as shall be agreed upon by a majority vote of the governing authority of Bacon County. Personnel. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax receiver and tax collector of Bacon County into the office of tax commissioner of Bacon County, approved April 10, 1968 (Ga. L. 1968, p. 3542), so as to authorize the tax commissioner to employ part-time personnel with the approval of the governing authority of Bacon County; and for other purposes. This 13th day of December, 1972. Bobby Wheeler Representative, 127th 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 127th 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,
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on the following dates: December 21, 28, 1972 and January 4, 1973. /s/ Bobby Wheeler Representative, 127th District Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. PROVISION MADE FOR FILLING VACANCIES IN CERTAIN COUNTY OFFICES. (65,500-73,500). No. 137 (House Bill No. 570). An Act to provide for the filling of vacancies in the offices of ordinary, clerk of the superior court, tax commissioner and sheriff in certain counties of this State; to provide for successors; to provide for terms; to provide for elections; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any other provision of law to the contrary notwithstanding, in all counties of this State having a population of not less than 65,500 and not more than 73,500 according to the United States Decennial Census of 1970 or any future such census, upon the death, resignation, incapacity or inability of the ordinary, the clerk of the superior court, tax commissioner or the sheriff of any such county to serve, the chief deputy or chief clerk of such ordinary, clerk of the superior court, tax commissioner or
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sheriff shall assume the duties of the office of such ordinary, clerk of the superior court, tax commissioner or sheriff. Such chief deputy or chief clerk shall serve until such time as the incapacity or inability of the ordinary, clerk of the superior court, tax commissioner or sheriff is removed or until the next succeeding general election, whichever comes first. The chief deputy or chief clerk shall receive no additional compensation for performing the duties of the ordinary, clerk of the superior court, tax commissioner or sheriff, except in cases involving the death or resignation of the ordinary, clerk of the superior court, tax commissioner or sheriff, in which case the chief deputy or chief clerk shall receive the same compensation, paid in the same manner, as the ordinary, clerk of the superior court, tax commissioner or sheriff would have received. Unless the incapacity or inability of the ordinary, clerk of the superior court, tax commissioner or sheriff is removed prior to the next succeeding general election, a duly qualified person shall be elected as ordinary, clerk of the superior court, tax commissioner or sheriff, and such person so elected shall serve for the remainder of the unexpired term of office of the ordinary, clerk of the superior court, tax commissioner or sheriff whose office is vacant. Vacancies. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 29, 1973. CAMDEN COUNTYTAX COMMISSIONERCOMPENSATION OF PERSONNEL CHANGED, ETC. No. 140 (House Bill No. 601). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Camden County into the office of the tax commissioner of Camden County, approved March 21, 1970 (Ga. L. 1970, p. 3278), as amended, so as to change the provisions relating to personnel of the tax commissioner; to change the provisions relating to
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compensation for such personnel; 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 Camden County into the office of the tax commissioner of Camden County, approved March 21, 1970 (Ga. L. 1970, p. 3278), 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. The tax commissioner is authorized to employ such personnel to assist him in discharging the official duties of his office as shall be determined and approved by the Board of Commissioners of Camden County. The compensation for such personnel shall be determined by said Board and shall be paid from county funds. All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, including, but not limited to office equipment, supplies, fixtures, and utility expenses shall be paid by the county from county funds, provided however, that all such expenses shall be first submitted to and approved by the Board of County Commissioners prior to the incurring of all such expenses by the tax commissioner. Personnel. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Tax Commissioner of Camden County, approved March 21, 1970 (Ga. L. 1970,
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p. 3278), as amended, so as to change the provisions relating to personnel of the Tax Commissioner; and for other purposes. This 19th day of January, 1973. /s/ Simon Grantham Representative, 127th District /s/ Bobby Wheeler Representative, 127th District Post 2 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 127th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Camden County Tribune which is the official organ of Camden County, on the following dates: January 25, February 1, 8, 1973. /s/ Simon Grantham Representative, 127th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 16, 1976. (Seal). Approved March 29, 1973.
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DeKALB COUNTYSTATE COURTCOMPENSATION OF JUDGES FIXED. No. 141 (House Bill No. 609). An Act to amend an Act creating the State Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3669), so as to fix 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, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3669), is hereby amended by striking section 13A in its entirety and inserting in lieu thereof a new section 13A to read as follows: Section 13A. The judges of the State Court of DeKalb County shall have the same powers, jurisdiction, duties, qualifications and dignity and shall receive, as their annual compensation, 83% of the total compensation received by each of the superior court judges of the Stone Mountain Judicial Circuit in each such year, payable monthly out of the county treasury; except that the judge senior in point of service shall receive, as his annual compensation, 85% of the total compensation received by each of the judges of the Stone Mountain Judicial Circuit in each such year, payable monthly. Salaries. Section 2. This Act shall become effective on the first day of the month following the month in which it is approval 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.
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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 Judges of said Court and for other purposes. /s/ J. Oscar Mitchell, Judge State Court of DeKalb County Jack B. Smith, Judge State Court of DeKalb County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Robin Harris 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 DeKalb New Era which is the official organ of DeKalb County, on the following dates: January 11, 18, 25, 1973. /s/ J. Robin Harris Representative, 51st District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973.
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CITY OF MADISONCHARTER AMENDEDCOMPENSATION OF MAYOR AND ALDERMEN CHANGED. No. 142 (House Bill No. 653). An Act to amend an Act creating a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, so as to change the compensation of the Mayor and Aldermen 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 Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, is hereby amended by striking from section 15 the figures 1,200.00 and 500.00, and inserting in lieu thereof the figures 1,800.00 and 900.00 respectively, so that when so amended, section 15 shall read as follows: Section 15. The Mayor shall be compensated in the amount of $1,800.00 per annum, to be paid in equal monthly installments. Each alderman shall be compensated in the amount of $900.00 per annum, to be paid in equal monthly installments. Salaries. 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 1973 session of the General Assembly of Georgia, a bill to change the compensation of the Mayor and Aldermen of the City of Madison, Georgia; to repeal conflicting laws; and for other purposes. This 26th day of December, 1972. /s/ E. Roy Lambert Representative, 97th District
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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 97th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian which is the official organ of Morgan County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ E. Roy Lambert Representative, 97th District Sworn to and subscribed before me, this 19th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. MORGAN COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED. No. 143 (House Bill No. 654). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Morgan County into the office of Tax Commissioner of Morgan County, approved March 21, 1968 (Ga. L. 1968, p. 2610), 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:
Page 2502
Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Morgan County into the office of Tax Commissioner of Morgan County, approved March 21, 1968 (Ga. L. 1968, p. 2610), 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 Tax Commissioner shall receive for his services as such an annual salary of nine thousand ($9,000) dollars for the calendar years 1973 and 1974, and an annual salary of ten thousand ($10,000) dollars for the calendar years 1975, 1976 and each year thereafter until changed by law. Said salary shall be payable in equal monthly installments from the funds of Morgan 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 1973 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Morgan County into the office of Tax Commissioner of Morgan County, approved March 21, 1968 (Ga. L. 1968, p. 2610), so as to change the salary of the Tax Commissioner of Morgan County; to repeal conflicting laws; and for other purposes. This 26th day of December, 1972. /s/ E. Roy Lambert Representative, 97th 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 97th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in
Page 2503
the Madisonian which is the official organ of Morgan County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ E. Roy Lambert Representative, 97th District Sworn to and subscribed before me, this 19th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. MORGAN COUNTYCOMPENSATION OF CLERK OF SUPERIOR COURT CHANGED, ETC. No. 144 (House Bill No. 655). An Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Morgan County, on a salary basis in lieu of the fee system of compensation, approved March 17, 1960 (Ga. L. 1960, p. 2518), as amended, so as to change the compensation of the Clerk of the Superior Court, deputies or other clerical assistants of the clerk, and the Ordinary of Morgan County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff, Clerk of Superior Court, Ordinary, Tax Collector and Tax Receiver of Morgan County on a salary basis in lieu of the fee system of compensation, approved March 17, 1960 (Ga. L. 1960, p. 2518), as
Page 2504
amended, is hereby amended by striking from section 2 the following: eight thousand ($8,000) dollars per annum, and inserting in lieu thereof the following: nine thousand ($9,000) dollars per annum for the calendar years 1973 and 1974, and ten thousand ($10,000) dollars per annum for the calendar years 1975, 1976, and each year thereafter until changed by law, and by striking from said section the following: two thousand, four hundred ($2,400) dollars per annum and not more than four thousand ($4,000) dollars per annum,, and inserting in lieu thereof the following: four thousand ($4,000) dollars per annum and not more than six thousand ($6,000) dollars per annum,, and by striking from said section the following: governing authority of Morgan County., and inserting in lieu thereof the following: clerk., so that when so amended, section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Morgan County shall be compensated in the sum of nine thousand ($9,000) dollars per annum for the calendar years 1973 and 1974, and ten thousand ($10,000) dollars per annum for the calendar years 1975, 1976, and each year thereafter until changed by law, to be paid in equal monthly installments from the funds of Morgan County. The clerk is hereby authorized to employ such deputies or other clerical assistants as may be necessary for the efficient operation of his office
Page 2505
and the compensation of such assistants shall be paid from the funds of Morgan County, provided, however, that the total amount of compensation paid for such assistants from the funds of Morgan County shall be not less than four thousand ($4,000) dollars per annum and not more than six thousand ($6,000) dollars per annum, as shall be determined by the clerk. Clerk. Section 2. Said Act is further amended by striking from section 3 the following: seven thousand ($7,000) dollars per annum and inserting in lieu thereof the following: eight thousand ($8,000) dollars per annum for the calendar years 1973 and 1974, and nine thousand ($9,000) dollars per annum for the calendar years 1975, 1976 and each year thereafter until changed by law, so that when so amended, section 3 shall read as follows: Section 3. The Ordinary of Morgan County shall be compensated in the sum of eight thousand ($8,000) dollars per annum for the calendar years 1973 and 1974, and nine thousand ($9,000) dollars per annum for the calendar years 1975, 1976 and each year thereafter until changed by law, to be paid in equal monthly installments from the funds of Morgan County. In addition thereto, the Ordinary shall receive such sums as may be allowed by order, or orders, of the Superior Court of Morgan County for acting as custodian of the Braswell Fund. Ordinary. 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 1973 Session of the General Assembly of Georgia, a Bill to amend an act to place the Sheriff, Clerk of Superior Court, Ordinary, Tax Collector, and Tax Receiver of Morgan
Page 2506
County on a salary basis in lieu of the fee system of compensation, approved March 7, 1960 (Ga. L. 1960, p. 2518), as amended, so as to change the compensation of the Clerk of the Superior Court, the Deputy Clerk, and the Ordinary of Morgan County; to repeal conflicting laws; and for other purposes. This the 26th day of December, 1972. 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 97th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian which is the official organ of Morgan County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ E. Roy Lambert Representative, 97th District Sworn to and subscribed before me, this 14th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. CHARLTON COUNTYCOMPENSATION OF CLERK OF ORDINARY CHANGED. No. 145 (House Bill No. 741). An Act to amend an Act changing the compensation of the sheriff and ordinary of Charlton County from a fee to a
Page 2507
salary basis, approved March 1, 1960 (Ga. L. 1960, p. 2229), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2336) so to change the provisions relative to the compensation of 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 sheriff and ordinary of Charlton County from a fee to a salary basis, approved March 1, 1960 (Ga. L. 1960, p. 2229), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2336) is hereby amended by striking from the second sentence of section 3 the following, in the sum of $375.00 per month from the funds of Charlton County., and inserting in lieu thereof the following, from the funds of Charlton County in such amount as shall be determined by the governing authority of Charlton County., so that when so amended, section 3 shall read as follows: Section 3. The ordinary of Charlton County shall be compensated in the sum of $7,500.00 per year, payable in equal monthly installments from the funds of Charlton County. The ordinary may employ a clerk, who shall be compensated from the funds of Charlton County in such amount as shall be determined by the governing authority of Charlton County. The ordinary is authorized to employ such other clerical help as he deems necessary and to set their compensation, to be paid out of the salary provided for the ordinary. The necessary supplies and equipment for the office of ordinary shall be provided by the fiscal authorities of Charlton County and paid for out of county funds. Clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2508
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act changing the compensation of the Sheriff and Ordinary of Charlton County from a fee to a salary basis, approved March 1, 1960 (Ga. L. 1960, p. 2229) so as to change the provisions relative to the compensation of the Clerk of the Ordinary; and for other purposes. This 2nd day of January, 1973. /s/ Alton J. Carter Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Dixon who, on oath, deposes and says that he is Representative from the 126th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Charlton County Herald which is the official organ of Charlton County, on the following dates: January 3, 10, 17, 1973. /s/ Harry D. Dixon Representative, 126th District Sworn to and subscribed before me, this 16th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973.
Page 2509
FAYETTE COUNTYSUPERIOR COURT CLERKMINIMUM SALARY PROVISIONS FOR PERSONNEL DELETED. No. 146 (House Bill No. 820). An Act to amend an Act placing the clerk of the superior court of Fayette County upon an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2237), as amended, so as to delete therefrom the minimum compensation which shall be paid to certain employees of the clerk; 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 Fayette County upon an annual salary, approved March 10, 1965 (Ga. L. 1965, p. 2237), as amended, is hereby amended by deleting from section 4 the following: ; provided, however, that the sum or amount approved for the payment of deputies and other personnel employed by the clerk shall in no event be less than one-half of the salary of the clerk, so that when so amended section 4 shall read as follows: Section 4. Upon the submission of the budget, the board of commissioners of roads and revenues shall, within thirty (30) days from such submission, pass upon the budget and approve the same for such amounts for the respective purposes as they may deem necessary and proper. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act placing the clerk of the superior court of Fayette County upon an annual salary, approved March 10, 1965
Page 2510
(Ga. L. 1965, p. 2237), as amended, so as to delete therefrom the minimum compensation which shall be paid to certain employees of the clerk; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1973. /s/ F. A. Sams, Chairman Board of Commissioners Fayette County Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Wood, who on oath deposes and says that he is Publisher of the Fayette County News, which is the official organ of Fayette County, and that the above and foregoing Notice of Intent to Introduce Local Legislation was published in said Fayette County News on the following dates: January 24, 1973; January 31, 1973, and February 7, 1973. /s/ Jim Wood, Publisher Fayette County News Duly sworn to and subscribed before me, this 9th day of February, 1973. /s/ Helen S. Teague Notary Public (Seal). Approved March 29, 1973. FAYETTE COUNTYORDINARYMINIMUM SALARY PROVISIONS FOR PERSONNEL DELETED. No. 147 (House Bill No. 821). An Act to amend an Act placing the ordinary of Fayette County upon an annual salary, approved March 24, 1965
Page 2511
(Ga. L. 1965, p. 2621), so as to delete therefrom the minimum compensation which must be paid to certain employees 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 Fayette County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2621), is hereby amended by deleting from section 4 the following: ; provided, however, that the sum or amount approved for the payment of clerks and other personnel employed by the ordinary shall in no event be less than one-half of the salary of the ordinary, so that when so amended section 4 shall read as follows: Section 4. Upon the submission of the budget, the board of commissioners of roads and revenues shall, within thirty (30) days from such submission, pass upon the budget and approve the same for such amounts for the respective purposes as they may deem necessary and proper. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act placing the ordinary of Fayette County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2621), so as to delete therefrom the minimum compensation which must be paid to certain employees of the ordinary; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1973. /s/ F. A. Sams, Chairman Board of Commissioners Fayette County
Page 2512
Georgia, Fayette County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Jim Wood, who on oath deposes and says that he is Publisher of the Fayette County News, which is the official organ of Fayette County, and that the above and foregoing Notice of Intent to Introduce Local Legislation was published in said Fayette County News on the following dates: January 24, 1973; January 31, 1973, and February 7, 1973. /s/ Jim Wood, Publisher Fayette County News Duly sworn to and subscribed before me, this 9th day of February, 1973. /s/ Helen S. Teague Notary Public (Seal). Approved March 29, 1973. LANIER COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 148 (House Bill No. 825). 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 5, 1971 (Ga. L. 1971, p. 3106), so as to change the compensation of the sheriff, his deputy, and his 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 Lanier County on an annual salary, approved February 22, 1965 (Ga. L.
Page 2513
1965, p. 2036), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3106), is hereby amended by striking subsection (a) of section 1 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The sheriff shall receive a salary of $900.00 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 $500.00 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 $350.00 per month. Lanier County shall be responsible for feeding all prisoners confined under the jurisdiction of Lanier County. Salaries. Section 2. This Act shall become effective March 1, 1973. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that legislation will be introduced in the forthcoming session of the Georgia General Assembly to change the compensation of certain county officials in Lanier County. D. W. Slone County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Patten who, on oath, deposes and says that he is Representative from the 124th 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
Page 2514
organ of Lanier County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ R. L. Patten Representative 124th District Sworn to and subscribed before me this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 29, 1973. LANIER COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED. No. 149 (House Bill No. 826). An Act to amend an Act creating the office of tax commissioner of Lanier County, approved August 26, 1931 (Ga. L. 1931, p. 508), as amended, so as to change the compensation of the tax commissioner; to provide compensation for any additional clerical help; to provide 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 Lanier County, approved August 26, 1931 (Ga. L. 1931, p. 508), as amended, 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. The tax commissioner shall receive an annual salary of $8,400.00, payable in equal monthly installments from the funds of Lanier County. The tax commissioner
Page 2515
shall compensate any additional clerical help required in his office from the salary herein provided for said tax commissioner. Salary. Section 2. This Act shall become effective March 1, 1973. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that legislation will be introduced in the forthcoming session of the Georgia General Assembly to change the compensation of certain county officials in Lanier County. D. W. Slone County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Patten who, on oath, deposes and says that he is Representative from the 124th 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: December 28, 1972 and January 4, 11, 1973. /s/ Robert L. Patten Representative, 124th District Sworn to and subscribed before me, this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973.
Page 2516
LANIER COUNTYCOMPENSATION OF ORDINARY CHANGED, ETC. No. 150 (House Bill No. 827). An Act to amend an Act abolishing the fee system of compensating the ordinary of Lanier County and providing in lieu thereof an annual salary, approved March 21, 1970 (Ga. L. 1970, p. 3316), so as to change the compensation of the ordinary; to provide compensation for any additional clerical help; to provide 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 ordinary of Lanier County and providing in lieu thereof an annual salary, approved March 21, 1970 (Ga. L. 1970, p. 3316), is hereby amended by striking from section 2 the following: $4,800.00, and inserting in lieu thereof the following: $7,800.00, so that when so amended, section 2 shall read as follows: Section 1. The ordinary shall receive an annual salary of $7,800.00, payable in equal monthly installments from the funds of Lanier County. Ordinary. Section 2. Said Act is further amended by adding at the end of section 4 a new paragraph to read as follows: Notwithstanding any other provisions of this Act, the ordinary shall compensate any additional clerical help required in his office from the salary provided for said ordinary in Section 2. Clerical help. Section 3. This Act shall become effective March 1, 1973. Effective date.
Page 2517
Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that legislation will be introduced in the forthcoming session of the Georgia General Assembly to change the compensation of certain county officials in Lanier County. D. W. Slone County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Patten who, on oath, deposes and says that he is Representative from the 124th 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: December 28, 1972 and January 4, 11, 1973. /s/ Robert L. Patten Representative, 124th District Sworn to and subscribed before me, this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973.
Page 2518
LANIER COUNTYCOMPENSATION OF COUNTY ATTORNEY CHANGED. No. 151 (House Bill No. 828). An Act to amend an Act providing for the compensation of the Lanier County Attorney, approved April 5, 1971 (Ga. L. 1971, p. 3104), so as to change the compensation of the Lanier County Attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the Lanier County Attorney, approved April 5, 1971 (Ga. L. 1971, p. 3104), is hereby amended by striking from section 1 the following: $100.00, and inserting in lieu thereof the following: $150.00, so that when so amended, section 1 shall read as follows: Section 1. The Lanier County Attorney shall receive as his full compensation for legal services rendered as said county attorney the amount of $150.00 per month, to be paid from funds of Lanier County. Salary. Section 2. This Act shall become effective March 1, 1973. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that legislation will be introduced in the forthcoming session of the Georgia General Assembly
Page 2519
to change the compensation of certain county officials in Lanier County. D. W. Slone County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Patten who, on oath, deposes and says that he is Representative from the 124th 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: December 28, 1972 and January 4, 11, 1973. /s/ Robert L. Patten Representative, 124th District Sworn to and subscribed before me, this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. LANIER COUNTYCOMPENSATION OF SUPERIOR COURT CLERK CHANGED, ETC. No. 152 (House Bill No. 829). An Act to amend an Act abolishing the fee system of compensating the clerk of the superior court of Lanier County and providing in lieu thereof an annual salary, approved April 15, 1969 (Ga. L. 1969, p. 2717), so as to change the
Page 2520
compensation of the clerk; to change the provisions relating to assistants and clerical help and their compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the clerk of the superior court of Lanier County and providing in lieu thereof an annual salary, approved April 15, 1969 (Ga. L. 1969, p. 2717), is hereby amended by striking from section 2 the following: $5,700.00, and inserting in lieu thereof the following: $9,000.00, so that when so amended, section 2 shall read as follows: Section 2. The said clerk shall receive an annual salary of $9,000.00, payable in equal monthly installments from the funds of Lanier County. Clerk. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. The said clerk shall have the authority to appoint such assistants and other clerical help as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The clerk shall compensate any assistants or clerical help required in his office from the salary provided for said clerk in section 2. Clerical help. Section 3. Said Act is further amended by striking from section 5 the first sentence thereof which reads as follows: The necessary operating expenses of the said clerk's office, expressly including the compensation of all personnel
Page 2521
and employees, shall be paid from any funds of the county available for such purpose., so that when so amended, section 5 shall read as follows: Section 5. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Lanier County. Supplies. Section 4. This Act shall become effective March 1, 1973. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that legislation will be introduced in the forthcoming session of the Georgia General Assembly to change the compensation of certain county officials in Lanier County. D. W. Slone County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authorized, duly authorized to administer oaths, Robert L. Patten who, on oath, deposes and says that he is Representative from the 124th 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
Page 2522
County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ Robert L. Patten Representative, 124th District Sworn to and subscribed before me, this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. LOWNDES COUNTYCOMPENSATION OF SHERIFF CHANGED. No. 153 (House Bill No. 894). An Act to amend an Act placing the Sheriff of Lowndes County on a salary basis in lieu of a fee basis, approved February 15, 1966 (Ga. L. 1966, p. 2021), as amended by an Act approved April 10, 1968 (Ga. L. 1968, p. 3485), and an Act approved March 21, 1970 (Ga. L. 1970, p. 3239), so as to change the provisions relating to the compensation of the Sheriff of Lowndes County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Lowndes County on a salary basis in lieu of a fee basis, approved February 15, 1966 (Ga. L. 1966, p. 2021), as amended by an Act approved April 10, 1968 (Ga. L. 1968, p. 3485), and an Act approved March 21, 1970 (Ga. L. 1970, p. 3239), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows:
Page 2523
Section 2. After the effective date of this Act, the Sheriff of Lowndes County shall be compensated in the sum of fifteen thousand ($15,000.00) dollars per annum, plus five (5%) per cent of said sum per annum for each four (4) year period of service in said office by said officer, said compensation to be paid in equal monthly installments from the funds of Lowndes County. However, the total annual compensation for said Sheriff from the funds of Lowndes County shall not exceed the sum of seventeen thousand five hundred ($17,500.00) dollars per annum. The compensation of the sheriff in office on the effective date of this Act shall be adjusted according to the provisions of this section and he shall be given credit for all prior service served in said office. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Lowndes County. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia local legislation to increase the salary of the Sheriff of Lowndes County to fifteen thousand ($15,000.00) dollars per annum plus five per cent of said sum per annum for each four year period of service in said office; the total compensation not to exceed seventeen thousand five hundred ($17,500.00) per annum. This 31st day of January, 1973. Lowndes County, acting by and through its Board of Commissioners Georgia, Lowndes County. Personally appeared before me the undersigned authority, duly authorized to administer oaths, Tenney S. Griffin, who on oath deposes and says that he is the publisher of the Valdosta
Page 2524
Daily Times, the official organ of Lowndes County, Georgia, and that the above and foregoing Notice of Intention to Introduce Local Legislation was published in said newspaper in the following issues, namely: February 3, 1973, February 10, 1973, and February 17, 1973. /s/ Tenney S. Griffin Sworn to and subscribed before me, this 19th day of February, 1973. /s/ Edith D. Smith Notary Public, Georgia State at Large. My Commission Expires May 1, 1976. (Seal). Approved March 29, 1973. COMPENSATION OF CERTAIN CORONERS CHANGED, ETC. (55,110-58,000). Code 21-105 Amended. No. 154 (House Bill No. 896). An Act to change the compensation of the coroner in certain counties of this State in lieu of all fees and other emoluments; to amend Code section 21-105, relating to the fees paid to coroners, as amended, particularly by an Act approved March 20, 1970 (Ga. L. 1970, p. 2937) so as to delete the provision relating to the salary of coroners of certain counties added by said amendatory 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 coroners of all counties of this State having a population of not less than 55,110 and not more than 58,000 according to the United States decennial census of
Page 2525
1970 or any future such census shall receive an annual salary of twenty four hundred ($2,400.00) dollars to be paid in equal monthly installments from the funds of such counties. Said salary shall be in lieu of all fees or other emoluments or compensation. Section 2. Code section 21-105 relating to fees paid to coroners, as amended, particularly by an Act approved March 20, 1970, (Ga. L. 1970, p. 2937) is hereby amended by striking therefrom the following paragraph: In all counties of this State having a population of not less than 47,500 and not more than 49,500, according to the United States decennial census of 1960 or any future such census, the coroner shall receive an annual salary of eighteen hundred dollars ($1,800.00), payable in equal monthly installments out of the funds of such counties. Such compensation shall be in lieu of all fees, costs, commissions, allowances, moneys and all other emoluments and perquisites of whatever kind which shall be allowed the coroners of such counties. All such fees, costs, commissions, allowances, moneys and all other emoluments and perquisites of whatever kind shall become the property of such counties and shall be paid to the fiscal officer of such counties at least once a month. 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. Georgia, Lowndes County. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia local
Page 2526
legislation to increase the salary of the Coroner of Lowndes County to two hundred ($200.00) dollars per month. This 31st day of January, 1973. Lowndes County, acting by and through the Board of Commissioners. Georgia, Lowndes County. Personally appeared before me the undersigned authority, duly authorized to administer oaths, Tenney S. Griffin, who on oath deposes and says that he is the publisher of the Valdosta Daily Times, the official organ of Lowndes County, Georgia, and that the above and foregoing Notice of Intention to Introduce Local Legislation was published in said newspaper in the following issues, namely: February 3, 1973, February 10, 1973, and February 17, 1973. /s/ Tenney S. Griffin Sworn to and subscribed before me this 19th day of February, 1973. /s/ Edith D. Smith Notary Public, Ga. State at Large. My Commission Expires May 1, 1976. (Seal). Approved March 29, 1973. ATKINSON COUNTYCLERK FOR BOARD OF COMMISSIONERS PROVIDED, ETC. No. 156 (House Bill No. 1019). An Act to amend an Act creating the office of Commissioner of Atkinson County, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved
Page 2527
March 27, 1968 (Ga. L. 1968, p. 2882), so as to provide that the board of commissioners may employ a clerk; to provide for the compensation 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 creating the office of Commissioner of Atkinson County, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved March 27, 1968 (Ga. L. 1968, p. 2882), is hereby amended by striking section 8 in its entirety and substituting in lieu thereof, a new section 8, to read as follows: Section 8. The board of commissioners may employ a clerk who shall perform clerical duties for the board and who shall serve at the pleasure of the board. The board may pay the clerk a reasonable salary out of the general funds of the county. Clerk. 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 1973 Session of the General Assembly of Georgia, a bill to authorize the Board of Commissioners of Atkinson County to employ a clerk; to provide for the compensation
Page 2528
of said clerk; to repeal conflicting laws; and for other purposes. This 19th day of January, 1973. Ottis Sweat, Jr. Representative 125th District Frank Eldridge Senator, 7th District Georgia, Atkinson County. Personally appeared before me, a Notary Public within and for above State and County, R. Bird Yarbrough who, on oath, deposes and says that he is the publisher of The Atkinson County Citizen which is the official organ of Atkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: Jan. 25, 1973; Feb. 1, Feb. 8, 1973. /s/ R. Bird Yarbrough Publisher Sworn to and subscribed before me this 19th day of February, 1973. /s/ Johnnie C. Herim Notary Public. Approved March 29, 1973. CITY OF PEARSONCHARTER AMENDEDELECTION DATE CHANGED. No. 157 (House Bill No. 1020). An Act to amend an Act reincorporating the City of Pearson in the County of Atkinson and creating a new charter
Page 2529
for said city, approved March 29, 1971 (Ga. L. 1971, p. 2266), so as to change the date for holding the regular election for the mayor and city councilmen; 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 Pearson in the County of Atkinson and creating a new charter for said city, approved March 29, 1971 (Ga. L. 1971, p. 2266), is hereby amended by striking section 2.03 in its entirety and substituting in lieu thereof a new section 2.03, to read as follows: 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 Monday in December, 1973, 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 of two years each and until their successors are duly elected and qualified. On the first Monday in December 1974, 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.
Page 2530
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 first Monday in December, a run-off election shall be held between the two candidates receiving the highest number of votes in such election. Said run-off 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 run-off election shall be declared the winner. Section 2. Said Act is further amended by striking section 5.01 in its entirety and substituting in lieu thereof a new section 5.01, to read as follows: 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 Monday in December of each year. Run-off elections if required, shall be on the third Monday 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 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 1973 session of the General Assembly of Georgia, a bill to amend an Act reincorporating the City of Pearson in the County of Atkinson and creating a new charter for said city, approved March 29, 1971 (Ga. L. 1971, p. 2266), so as to change the date for holding the regular election for the mayor and city councilmen; to repeal conflicting laws; and for other purposes. This 19th day of January, 1973. Ottis Sweat, Jr. Representative, 125th District Frank Eldridge Senator, 7th District
Page 2531
Georgia, Atkinson County. Personally appeared before me, a Notary Public within and for above State and County, R. Bird Yarbrough who, on oath, deposes and says that he is the publisher of The Atkinson County Citizen which is the official organ of Atkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: Jan. 25, 1973; Feb. 1, 1973, Feb. 8, 1973. /s/ R. Bird Yarbrough Publisher Sworn to and subscribed before me this 19th day of February, 1973. /s/ Johnnie A. Herim Notary Public Approved March 29, 1973. ATKINSON COUNTYAUTOMOBILES FOR SHERIFF PROVIDED, ETC. No. 158 (House Bill No. 1021). An Act to amend an Act abolishing the fee system of compensating the sheriff of Atkinson County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2205), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 3864), so as to authorize the governing authority of Atkinson 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 such other purposes. Be it enacted by the General Assembly of Georgia:
Page 2532
Section 1. An Act abolishing the fee system of compensating the sheriff of Atkinson County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2205), as amended by an Act approved April 28, 1969 (Ga. L. 1969, p. 3864), 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. The governing authority of Atkinson 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 short-wave radios. The governing authority of Atkinson County shall be responsible for the insurance, operating expenses, maintenance, repair and replacement of such automobiles, which shall be replaced every two years or 75,000 miles, whichever occurs first. Automobiles. Section 2. Said Act is further amended by striking section 11 in its entirety, which reads as follows: Section 11. In addition to the salary provided for herein, the sheriff shall be paid or reimbursed for automobile expenses incurred by the sheriff and his deputy in using the automobile furnished by said sheriff while carrying out their official duties within Atkinson County at the rate of 10 per mile, payable monthly from the funds of Atkinson County. Expenses. Section 3. Said Act is further amended by striking section 12 in its entirey and substituting in lieu thereof, a new section 12, to read as follows: Section 12. In addition to the salaries and expenses provided for herein, the sheriff, his deputy and his clerk, if such clerk has been appointed a deputy and is acting as such, shall receive actual expenses when out of the territorial limits of Atkinson County attending official business Upon the approval of the governing authority of Atkinson County, expenses for travel outside the territorial limits of Atkinson County by personal automobile shall be payable or reimbursed at the rate of 10 per mile to the person
Page 2533
owning such automobile, payable monthly from the funds of Atkinson County. Same. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Atkinson County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2205), as amended, so as to authorize the governing authorities of Atkinson County to furnish the sheriff with such automobiles as may be required for him to adequately perform the duties of his office; to repeal conflicting laws; and for other purposes. This 19th day of January, 1973. Ottis Sweat, Jr. Representative, 125th District Frank Eldridge Senator, 7th District Georgia, Atkinson County. Personally appeared before me, a Notary Public within and for above State and County, R. Bird Yarbrough who, on oath, deposes and says that he is the publisher of The Atkinson County Citizen which is the official organ of Atkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: Jan. 25, 1973; Feb. 1, Feb. 8, 1973. R. Bird Yarbrough Publisher Sworn to and subscribed before me this 19th day of February, 1973. /s/ Johnnie C. Herim Notary Public Approved March 29, 1973.
Page 2534
CLINCH COUNTYCOMPENSATION OF ORDINARY CHANGED. No. 159 (House Bill No. 1022). An Act to amend an Act placing the Ordinary of Clinch County upon an annual salary, approved March 13, 1970 (Ga. L. 1970, p. 2875), so as to change the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Ordinary of Clinch County upon an annual salary, approved March 13, 1970 (Ga. L. 1970, p. 2875), is hereby amended by striking from section 2 the following: $6,000.00, and substituting in lieu thereof, the following: $6,900.00, so that when so amended, section 2 shall read as follows: The ordinary shall receive an annual salary of $6,900.00, payable in equal monthly installments from the funds of Clinch 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 the regular 1973 Session of the General Assembly of Georgia,
Page 2535
a bill to increase the salary of the Ordinary of Clinch County; to repeal conflicting laws; and for other purposes. This 19th day of Jan., 1973. Ottis Sweat, Jr. Representative, 125th District Frank Eldridge Senator, 7th District Georgia, Clinch County: Personally appeared before me, a Notary Public within and for above State and County, Iverson H. Huxford, who, on oath, deposes and says that he is the publisher of the Clinch County News which is the official organ of Clinch County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published there on the following dates: February 9, 1973, February 2, 1973, and January 26, 1973. /s/ Iverson H. Huxford Publisher Sworn to and subscribed before me this 12th day of February, 1973. /s/ Beulah Nettles Notary Public, Clinch County, Ga. Approved March 29, 1973. EFFINGHAM COUNTYSTATE COURTCOMPENSATION OF SOLICITOR CHANGED, ETC. No. 160 (House Bill No. 1034) An Act to amend an Act creating the State Court of Effingham County (formerly known as the City Court of
Page 2536
Springfield), approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3592), so as to change the compensation provisions relating to the solicitor of said court; to change the provisions relating to the practice of law by the solicitor; to provide 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 April 3, 1972 (Ga. L. 1972, p. 3592), is hereby amended by striking section 4A in its entirety and inserting in lieu thereof a new section 4A to read as follows: Section 4A. The solicitor of said court shall receive a salary of $5,000.00 per annum which shall be payable in equal monthly installments from the funds of Effingham County, and it shall be the duty of the board of commissioners of said county to make provision annually in levying taxes for this purpose, and in addition he shall receive reimbursement of all expenses incurred by him in the prosecution before appellate courts of cases originating in the State Court of Effingham. Said salary and expenses shall be in lieu of all fees allowed by law. Said solicitor shall receive no other compensation for his services and may practice law in any court with the exception of representing defendants in criminal cases in the State Court of Effingham County, Georgia. Salary. Section 2. Said Act is further amended by striking in its entirety section 3 of said 1972 Act, which reads as follows: Section 3. This Act shall be effective on January 1, 1974. Section 3. This Act shall become effective on January 1, 1975. Effective date.
Page 2537
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 1973 Session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Effingham County (formerly City Court of Springfield) approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, so as to provide an annual salary for the solicitor of said Court in lieu of the fee system of compensation; to provide an effective date; and for other purposes. This 15th day of January, 1973. Board of Commissioners of Effingham County, Georgia 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, as 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 19, January 26, and February 2, 1973. /s/ Julie Harrelson Sworn to and subscribed before me this 23 day of February, 1973. /s/ L. Vance Dasher Notary Public. Approved March 29, 1973.
Page 2538
BARROW COUNTYCOMPENSATION OF ORDINARY CHANGED, ETC. No. 161 (House Bill No. 1049). An Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Barrow County upon an annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2238), as amended, particularly by an Act approved February 25, 1970 (Ga. L. 1970, p. 2124), so as to change the amount which the sheriff of Barrow County shall be allowed as compensation for certain deputies and employees; to change the maximum compensation of the sheriff's secretary; to change the maximum compensation of the secretaries of the clerk of the superior court; to change the compensation of the Ordinary of Barrow County; to change the maximum compensation of the secretary 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, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Barrow County upon an annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2238), as amended, particularly by an Act approved February 25, 1970 (Ga. L. 1970, p. 2124), is hereby amended by striking from section 2 the following: $25,600.00 as compensation for a chief deputy, deputies, jailer and cook, and inserting in lieu thereof the following: $40,000.00 as compensation for a chief deputy, deputies, jailer, radio operator and cook, and by striking from said Section the following: $4,200.00,
Page 2539
and inserting in lieu thereof the following: $4,800.00, and by striking from said Section the following: chief deputy, deputies, jailer, cook and secretary,, and inserting in lieu thereof the following: chief deputy, deputies, jailer, radio operator, cook and secretary,, so that when so amended, section 2 shall read as follows: Section 2. The Sheriff of Barrow County shall receive an annual salary of $10,000.00 per annum payable in equal monthly installments from the funds of Barrow County. The sheriff shall be allowed $40,000.00 as compensation for a chief deputy, deputies, jailer, radio operator and cook, all of whom shall be paid in equal monthly installments from the funds of Barrow County. The sheriff shall have the authority to appoint a secretary, who shall be compensated in equal monthly installments from the funds of Barrow County in an amount not less than $3,800.00 per annum nor more than $4,800.00 per annum. It shall be within the sole power and authority of the sheriff to prescribe the compensation of the chief deputy, deputies, jailer, radio operator, cook and secretary, within the limitations herein provided. The county shall furnish the sheriff with two automobiles and equipment. The county shall be responsible for the operating expenses, repairs, maintenance and replacement of such automobiles and equipment. Sheriff. Personnel. Section 2. Said Act is further amended by striking from section 3 the following: $4,200.00, and inserting in lieu thereof the following: $4,800.00,
Page 2540
so that when so amended, section 3 shall read as follows: Section 3. The clerk of the superior court shall receive an annual salary of $10,000.00 per annum, payable in equal monthly installments from the funds of Barrow County. The clerk of the superior court shall have the authority to appoint two secretaries, each of whom shall be compensated in equal monthly installments from the funds of Barrow County in an amount not less than $3,800.00 per annum nor more than $4,800.00 per annum. It shall be within the sole power and authority of the clerk of the superior court to prescribe the compensation of both secretaries within the limitations herein provided. Clerk. Personnel. Section 3. Said Act is further amended by striking from section 4 the following: $6,000.00, and inserting in lieu thereof the following: $7,000.00, and by striking from said Section the following: $4,200.00, and inserting in lieu thereof the following: $4,800.00', so that when so amended, section 4 shall read as follows: Section 4. The Ordinary of Barrow County shall receive an annual salary of $7,000.00 per annum payable in equal monthly installments from the funds of Barrow County. The ordinary shall have the authority to appoint a secretary who shall be compensated in equal monthly installments from the funds of Barrow County in an amount not less than $3,800.00 per annum nor more than $4,800.00 per annum. It shall be within the sole power and authority
Page 2541
of the ordinary to prescribe the compensation of such secretary within the limitations herein provided. Ordinary. Personnel. 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 reguar 1973 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff, clerk of the superior court, ordinary, tax collector and tax receiver of Barrow County upon an annual salary, approved June 30, 1964 (Ga. L. 1964, Ex. Sess. P. 2238), as amended, so as to change the amount which the Sheriff of Barrow County shall be allowed as compensation for certain deputies and employees, including the sheriff's secretary; to change the compensation of the secretaries of the clerk of the superior court; to change the compensation of the ordinary; to change the compensation of the secretary of the ordinary; to repeal conflicting laws; and for other purposes. This 15th day of January, 1973. John D. Russell Representative, 62nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John D. Russell who, on oath, deposes and says that he is Representative from the 162nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published
Page 2542
in the Winder News which is the official organ of Barrow County, on the following dates: January 17, 24, 31, 1973. /s/ John D. Russell Representative, 62nd District Sworn to and subscribed before me this 1st day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 29, 1973. DADE COUNTY WATER AND SEWER AUTHORITY CREATED. No. 163 (House Bill No. 218). An Act to amend an Act creating the Dade County Water Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), so as to change the name of said Authority; to change the provisions relative to the appointment and terms of office of members of the Authority; to provide for annual meetings of the users of the facilities of the Authority; to provide for calling and conducting such meetings; to change the provisions relative to the compensation of members of the Authority and filling vacancies; to require a certain number of votes for the transaction of business by the Authority; to provide for a chairman, vice chairman, secretary and treasurer of the Authority; to increase the limit of bonded indebtedness of the Authority; to change the maximum limitation on the rate of interest payable on bonds of the Authority; to provide for the purchase of existing systems and facilities in the county; to provide for other matters relative to the foregoing;
Page 2543
to provide 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 Dade County Water Authority, approved March 25, 1958 (Ga. L. 1958, p. 3260), is hereby amended by striking, wherever the same shall appear, the following: Dade County Water Authority, and water authority, and inserting in lieu thereof the following: Dade County Water and Sewer Authority, and water and sewer authority, respectively. Section 2. Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. (a) Dade County Water and Sewer Authority.There is hereby created a body corporate and politic to be known as the Dade County Water and Sewer Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation, and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of five members, one of whom shall be appointed by the April term of the Dade County Grand Jury each year, for a term of five years and until his respective successor is duly elected and qualified. The members so appointed shall be qualified registered voters of Dade County. One member appointed shall be a resident of Militia District 960. One member appointed shall be a resident of either Militia District 1889 or 1214, and one member shall be a resident of either Militia District 1885 or 1222. The remaining two members shall be residents of the area outside the corporate limits of the City of Trenton and outside of the Lookout Mountain and Sand Mountain areas. Such remaining members shall not reside in the same voting precinct. The members of the Authority shall hold no other public
Page 2544
office during their terms as members of the Authority. Immediately after their appointments, the members of the Authority shall enter upon their duties. Created. (b) The members of the Authority shall elect a chairman and vice chairman from among the membership of the Authority. It may also elect a secretary and treasurer, who need not necessarily be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The 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; provided, however, that three affirmative votes shall be required to transact any business of the Authority. (c) The members of the Authority shall serve without compensation for their services, but 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. (d) In the event that a vacancy is created in the membership of the Authority at a time when the April term of the Dade County Grand Jury is not in session, the remaining members of the Authority shall appoint a duly qualified citizen of Dade County to fill said vacancy until the next April term of the Dade County Grand Jury, at which time the April term of the Dade County Grand Jury shall appoint a duly qualified citizen as a member of the Authority for the remainder of the unexpired term of the member whose office is vacant. Section 3. Said Act is further amended by adding, following section 2, a new Section to be designated section 2A, to read as follows: Section 2A. Annual meetings.There shall be an annual meeting of the users of the facilities of the Authority.
Page 2545
Such annual meeting shall be held on the first Monday in March of each year at a time and location to be determined by the Authority. It shall be the duty of the Authority to advertise the date, time and location of the annual meeting of the users in the local organ of Dade County once a week for a period of two weeks immediately prior to the date of such meeting. Annual meetings. Section 4. Said Act is further amended by striking from section 5 the following: two million ($2,000,000) dollars, and inserting in lieu thereof the following: five million ($5,000,000) dollars, and by striking the following: six percent (6%), and inserting in lieu thereof the following: seven and one-half percent (7%), so that when so amended, section 5 shall read as follows: Section 5. Revenue bonds.The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized 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 ($5,000,000) dollars 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 seven and one-half percent (7%) per annum, payable semiannually, shall mature at such time or times
Page 2546
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 bonds. Revenue bonds. Section 5. Said Act is further amended by striking from section 9, the following: six per cent (6%), and inserting in lieu thereof the following: seven and one-half percent (7%), so that when so amended, section 9 shall read as follows: 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 therefor at more than seven and one-half percent (7%) per annum 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. Same, sale, etc. Section 6. Said Act is further amended by adding, between section 5 and section 6, a new section to be designated section 5A, to read as follows: Section 5A. The Authority shall be authorized to purchase any existing water and sewage facilities or systems within the county; provided such facilities or systems are appraised by a competent engineer furnished or recommended by the State Department of Natural Resources, and provided further, that a notice of such purchase shall be advertised in the newspaper in which the sheriff's advertisements
Page 2547
are published, at least once a week for three weeks before such purchase. Existing facilities. Section 7. The provisions of this Act shall not affect the term of Mr. Henry Elliott, who was appointed by the Dade County Grand Jury and whose term of office shall expire in April, 1974. Such member shall continue to serve until the expiration of his term of office. The terms of any other members appointed by the Grand Jury prior to the effective date of this Act shall expire in April, 1973. The April, 1973 term of the Dade County Grand Jury shall appoint four new members to the Authority, such that the representation on the Authority shall be in accordance with the provisions of section 2. The members shall be appointed for the following terms: one for two years, one for three years, one for four years and one for five years. Beginning with the appointment by the Grand Jury in April, 1974 and continuing thereafter, all members of the Authority shall serve for terms of five years and until their respective successors are duly appointed and qualified. Nothing contained herein shall be construed as prohibiting the reappointment of an otherwise qualified member of the Authority. Members. Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. This is notice that there will be introduced in the regular session of the General Assembly of Georgia, 1973 term, a bill to change the name of The Dade County Water Authority, to change the method of appointing the members
Page 2548
of the Board of Directors of The Authority, to provide for refinancing the Authority and to make other necessary changes. /s/ E. G. Summers, Senator, Fifty-three District 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 Dade County Sentinel which is the official organ of Dade County, on the following dates: December 21 28, 1972 and January 4, 1973. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 15th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 2, 1973. CITY OF AUGUSTACHARTER AMENDEDQUALIFICATIONS OF RECORDER PROVIDED, ETC. No. 166 (House Bill No. 1063). An Act to amend the Charter of the City of Augusta, incorporated as the City Council of Augusta (Ga. L. 1798),
Page 2549
as amended by the various amendatory Acts thereof, so as to provide that the Recorder and Assistant-Recorder need not be qualified to vote for the Mayor of the City of Augusta and members of the City Council of Augusta; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (Ga. L. 1798), as amended by the various amendatory Acts thereof, is hereby further amended to provide that the Recorder and Assistant-Recorder need not be qualified to vote for the Mayor of the City of Augusta and for members of the City Council of Augusta. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia a Bill to amend the Charter of the City of Augusta, incorporated as The City Council of Augusta (Ga. L. 1798), as amended by the various amendatory Acts thereof, so as to eliminate the requirement that the Recorder and Assistant-Recorder be qualified to vote for the Mayor for the City of Augusta and the members of the City Council of Augusta, to repeal conflicting laws and for other purposes. Samuel F. Maguire City Attorney, The City Council of Augusta Georgia, Richmond County. Personally appeared, W. S. Morris, III, who being duly sworn, says that he is the President 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 which the annexed is a
Page 2550
true copy, was published in said paper on the 27th day of January, 1973, 3rd day of February, 1973, and 10th day of February, 1973, as provided by law. /s/ W. S. Morris, III Sworn to and subscribed before me, this 16th day of February, 1973. /s/ Shirley L. Pitts Notary Public, Richmond County, Georgia. Approved April 2, 1973. MONTGOMERY COUNTYADDITIONAL MEMBERS OF BOARD OF EDUCATION PROVIDED, ETC.REFERENDUM. No. 170 (House Bill No. 488). An Act to change the number of members of the Montgomery County Board of Education from five to seven; to provide that the additional two members shall be members at large; to provide for their appointment and terms of office; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Education of Montgomery County shall be composed of seven members, two of which members to be known as members at large. The present members of the Board, serving at the time of the approval of this Act, shall continue to serve out the term to which they were appointed and their successors shall be selected as provided for in Article VIII, Section V, Paragraph I of the Constitution of Georgia. The members at large of the Board provided by this Act shall be selected in the manner provided for in Article
Page 2551
VIII, Section V, Paragraph I of the Constitution of Georgia by the Grand Jury of Montgomery County then in session when this Act is approved or by the first Grand Jury of Montgomery County which convenes after the approval of this Act. These two new members at large selected by the Grand Jury of Montgomery County shall be citizens of said county. From the time of their appointment the new members shall serve for whatever time remains in the year 1973, and beginning with the year 1974 such new members shall serve an initial term of office for five years and until their successors are selected and qualified. Thereafter, the successors to the initial appointments of the members at large of the Board shall be selected for terms of office of five years and until their successors are selected and qualified. Members. Section 2. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Montgomery 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 Montgomery County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing that the Board of Education of Montgomery County shall be composed of seven members, two of which to be known as members at large, 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 Montgomery County. It shall be the duty of the
Page 2552
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. Pursuant to the recommendations of the Grand Jury sitting at the November Term 1972, for Montgomery County, Georgia, notice is hereby given that legislation will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to provide for a referendum by the voters of Montgomery County, Georgia to increase the size of the Montgomery County Board of Education from five to seven members; to repeal conflicting laws; and for other purposes. This 18th day of December, 1972. L. L. Pete Phillips Representative, 103rd District Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official
Page 2553
organ of Montgomery County, on the following dates: January 3, 10, 17, 1973. /s/ L. L. Pete Phillips Representative, 103rd District Sworn to and subscribed before me, this 26th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 3, 1973. ELECTIONSBOARD OF ELECTIONS IN CERTAIN COUNTIES PROVIDED. (27,000-28,000). No. 172 (House Bill No. 532). An Act to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for qualifications and terms of its members; to provide for a chairman, clerical assistance and other employees; to provide for compensation for such persons and 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. There is hereby created in each county of this State having a population of not less than 27,000 and not more than 28,000 according to the 1970 United States decennial census, or any such future census, a board of elections which shall have jurisdiction over the conduct of primaries and elections in such counties. Created.
Page 2554
Section 2. The board of elections in such counties shall be composed of three members, each of whom shall be an elector and resident of the county, and who shall be selected in the following manner: one member shall be appointed by the chairman of the board of commissioners in each of such counties and one member shall be appointed by the Ordinary in each such county and the third member shall be appointed by those members of the Georgia General Assembly residing within each such county. The members of the board shall serve for terms of office of four years and until their successors are duly appointed and qualified. The members of the board shall elect one of their number to serve as chairman. Composition. Section 3. 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 4. The appointment of each member shall be made by the respective appointing authority filing an affidavit with the Clerk of the Superior Court, no later than thirty (30) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The Clerk of the Superior Court shall record each of such certifications on the minutes of the Court and shall certify the name of each such appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members, within the same time and in the same manner as provided by law for registrars. In the event any appointing authority fails (1) to make a regular appointment within the times specified in this Section and in section 2, or (2) to make an interim appointment to fill a vacancy within ninety (90) days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of such county. Members. Section 5. Each member of the board shall be eligible to succeed himself and shall have the right to resign at any time
Page 2555
by giving written notice of his resignation to the respective appointing authority and to the Clerk of the Superior Court, and shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. Same. Section 6. In the event a vacancy occurs in the office of any appointed member before the expiration of his term, by removal, death or resignation, or otherwise, the respective appointing authority shall appoint or elect a successor to serve the remainder of the unexpired term. The Clerk of the Superior Court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. Vacancies. Section 7. The first members of the board under this Act shall take office on July 1, 1973. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Oath. Section 8. Each board of elections shall: (a) With regard to the preparation for conduct and administration of elections, succeed to and exercise all duties and powers granted to and incumbent upon the Ordinary pursuant to Title 34 of the Ga. Code of 1933, as now or hereafter amended, and/or any other provision of law. Duties. (b) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the Ordinary by Title 34 of the Ga. Code of 1933, as now or hereafter amended. Section 9. The board shall be responsible for the selection, appointment and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. Same. Section 10. Upon the effective date of this Act, the Ordinary shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act
Page 2556
and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records and facilities of every kind pertaining to such powers and duties. Section 11. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Chairman. Section 12. Compensation for the chairman of the board of elections, clerical assistants and other employees shall be such as may be fixed by the governing authority. Compensation for members of the board of elections, not including the chairman, shall be the same as received by members of the board of registrars, not including the chief registrar. Said compensation shall be paid wholly from county funds. Compensation. Section 13. The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Offices. Section 14. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code section 34-103 of the Code of Ga. of 1933, as amended, unless otherwise clearly apparent from the text of this Act. Definitions. Section 15. The effective date of this Act shall be July 1, 1973. Effective date. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1973.
Page 2557
CITY OF TIFTONCHARTER AMENDEDOFFICES OF MAYOR AND VICE MAYOR RENAMED, ETC. No. 175 (House Bill No. 1134). An Act to amend an Act providing a new charter for the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, so as to change the names of the designated offices of mayor and vice mayor to the designated offices of chairman and vice chairman; 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 Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, is hereby amended by striking section 4B in its entirety and inserting in lieu thereof a new section 4B to read as follows: Section 4B. In each municipal election, there shall be elected by the electors of the City of Tifton a chairman and vice-chairman who shall serve during the ensuing calendar year following their election in the capacity of those officers of the commission formerly designated as the mayor and vice-mayor, and the chairman and vice-chairman shall discharge the powers, duties and responsibilities formerly vested in said mayor and vice-mayor. Henceforth, the former positions designated as mayor and vice-mayor of the commission shall be redesignated as chairman and vice-chairman, respectively, as herein provided. Renamed. Any member of the commission and any candidate offering for election to the commission shall be eligible to qualify for the position of chairman or vice-chairman. The candidate for said position who receives the highest number of votes for each respective office shall be the chairman or vice-chairman for the ensuing year if they are members of the commission or have been elected to the commission. In the event any candidate for the position of chairman or vice-chairman who received the highest number of votes for that position shall not be elected to the commission or shall not be a member
Page 2558
of the commission, then that candidate receiving the next highest number of votes for said position shall be the chairman or vice-chairman, as the case may be. Section 2. Said Act is further amended by striking from section 11 the following: Mayor and Vice Mayor, and inserting in lieu thereof the following: chairman and vice chairman, so that when so amended section 11 shall read as follows: Section 11. Be it further enacted that should a vacancy occur on the Commission, including the chairman and vice chairman, by reason of death, resignation, disqualification or otherwise, the remaining members of the Commission shall select a qualified resident of the City of Tifton to fill said vacancy for the unexpired term if the unexpired term is 120 days or less. If the unexpired term is more than 120 days, the Commission shall call a special election within 30 days after the date of said vacancy at which a qualified person shall be elected to fill said vacancy for the unexpired term. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act providing a new charter for the City of Tifton, approved August 14, 1920 (Ga. L. 1920, p. 1625), as amended, so as to change the names of the designated office
Page 2559
of Mayor and Vice Mayor to the designated office of Chairman and Vice Chairman; and for other purposes. This 13 day of February, 1973. /s/ Henry Bostick Representative, 123rd 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 123rd 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 17, 24, March 3, 1973. /s/ Henry Bostick Representative, 123rd District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 3, 1973. CATOOSA COUNTYTAX COMMISSIONERCLERICAL ASSISTANCE ALLOWANCE INCREASED. No. 186 (House Bill No. 877). An Act to amend an Act creating the office of Tax Commissioner of Catoosa County, approved February 10, 1937
Page 2560
(Ga. L. 1937, p. 1267), as amended by an Act approved February 9, 1949 (Ga. L. 1949, p. 402), an Act approved March 3, 1955 (Ga. L. 1955, p. 2519), an Act approved March 5, 1959 (Ga. L. 1959, p. 2154), an Act approved March 28, 1961 (Ga. L. 1961, p. 2641), an Act approved February 28, 1966 (Ga. L. 1966, p. 2072), an Act approved March 17, 1967 (Ga. L. 1967, p. 2232), and an Act approved March 10, 1970 (Ga. L. 1970, p. 2397), so as to increase the clerical assistance allowance 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 Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended by an Act approved February 9, 1949 (Ga. L. 1949, p. 402), an Act approved March 3, 1955 (Ga. L. 1955, p. 2519), an Act approved March 5, 1959 (Ga. L. 1959, p. 2154), an Act approved March 28, 1961, (Ga. L. 1961, p. 2641), an Act approved February 28, 1966 (Ga. L. 1966, p. 2072), an Act approved March 17, 1967 (Ga. L. 1967, p. 2232), and an Act approved March 10, 1970 (Ga. L. 1970, p. 2397), is hereby amended by striking from section 5, the following: nine thousand dollars ($9,000.00), and inserting in lieu thereof, the following: ten thousand dollars ($10,000.00), and by adding at the end of section 5, the following: In no event shall the clerical allowance provided in this Section be used to pay bonuses to employees. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part of the general funds of the county. so that when so amended, section 5 shall read as follows:
Page 2561
Section 5. The compensation of the Tax Commissioner of Catoosa County shall be, as full compensation for any and all duties performed by him as receiver and collector of county, school district and special taxes, a fixed salary of four thousand dollars ($4,000.00) per annum, to be paid in equal semi-monthly installments; and, beginning January 1, 1970, the sum of ten thousand dollars ($10,000.00) per annum, to be paid in equal semi-monthly installments for clerical help necessary for the performance of the duties of said office. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all State, professional and special taxes collected by him, but all commissions due to said tax commissioner for intangible taxes collected, school taxes, and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help, and no person performing such clerical help for the tax commissioner shall be related to said commissioner closer than the fifth degree of consanguinity or affinity. In no event shall the clerical allowance provided in this Section be used to pay bonuses to employees. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part 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. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be requested local legislation to increase the amount for clerical assistance in Catoosa County Tax Commissioner's Office at the January
Page 2562
1973 Session of the General Assembly of the State of Georgia. This the 18th day of December, 1972. /s/ W. R. Andrews Tax Commissioner Catoosa County 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 28, 1972, January 4, 11, 1973. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 21st day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 5, 1973. FRANKLIN COUNTYCOMPENSATION OF SHERIFF'S DEPUTY CHANGED. No. 190 (House Bill No. 624). An Act to amend an Act providing an annual salary for the Sheriff of Franklin County, approved February 28, 1966
Page 2563
(Ga. L. 1966, p. 2169), as amended, and by an Act approved March 2, 1970 (Ga. L. 1970, p. 2559), so as to change the provisions relative to the compensation of the Sheriff's deputy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the Sheriff of Franklin County, approved February 28, 1966 (Ga. L. 1966, p. 2169), as amended, and by an Act approved March 2, 1970 (Ga. L. 1970, p. 2559), is hereby amended by striking from section 7 the following: $3,600.00 and $5,000.00 and inserting in lieu thereof the following: $4,800.00 and $7,500.00, respectively, so that when so amended section 7 shall read as follows: Section 7. The Sheriff is hereby authorized to appoint one (1) deputy sheriff to assist him in the performance of his duties who shall serve at the pleasure of the sheriff. Said deputy shall receive a salary of not less than $4,800.00 nor more than $7,500.00 per year, payable in equal monthly installments, the same to be set by the governing authority of Franklin County in the same manner as the sheriff's salary is set. In the event of an emergency, the sheriff is authorized and empowered, with the approval of the governing authority, to appoint one or more special deputy sheriffs for the duration of the emergency and the salary of said deputy sheriffs shall be set by the governing authority, but in no event shall the salary of any special deputy sheriff be greater than the salary set for the regular deputy sheriff. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2564
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act providing an annual salary for the Sheriff of Franklin County, approved February 28, 1966 (Ga. L. 1966, p. 2169), as amended, so as to change the provisions relative to the compensation of the Sheriff's deputy; and for other purposes. This 20th day of January, 1973. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. T. Mauldin who, on oath, deposes and says that he is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: January 25, February 1, 8, 1973. /s/ A. T. Mauldin Representative, 13th District Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 6, 1973.
Page 2565
McDUFFIE COUNTYADDITIONAL DEPUTY SHERIFFS PROVIDED, ETC. No. 191 (House Bill No. 920). An Act to amend an Act placing the county officers of McDuffie County upon an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, so as to provide for additional deputy sheriffs and their compensation; to change the provisions relating to the furnishing of automobiles for the use of the sheriff's office; to change the compensation of the deputy sheriffs presently employed; to provide 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 county officers of McDuffie County upon an annual salary, approved March 9, 1959 (Ga. L. 1959, p. 2568), as amended, is hereby amended by striking from section 3 the following language: The sheriff is authorized to employ two deputy sheriffs, one of whom shall receive an annual salary of six thousand ($6,000.00) dollars, and the other an annual salary of five thousand four hundred ($5,400.00), both payable in equal monthly installments from county funds. McDuffie County shall furnish and make available to the sheriff's office two automobiles and the county shall maintain and meet all necessary expenses connected with the use of said automobiles by the sheriff's office on official business thereof. The sheriff is authorized to employ a secretary who shall receive an annual salary of two thousand five hundred ($2,500.00), payable in equal monthly installments. McDuffie County shall furnish and maintain uniforms for the use of the deputy sheriffs. The sheriff of McDuffie County is charged with the responsibility of feeding all prisoners confined in the county jail. McDuffie County shall pay to the sheriff the sum of $1.50 per day per prisoner for the purpose of defraying the costs of feeding such prisoners. In addition to the sheriff's annual salary, he shall continue to receive the specified turnkey fees.
Page 2566
Section 2. Said Act is further amended by adding, between sections 3 and 4, a new Section to be known as section 3A, to read as follows: Section 3A. The sheriff is authorized to employ four deputy sheriffs, one of whom shall receive an annual salary of not less than seven thousand two hundred ($7,200) dollars, one of whom shall receive an annual salary of not less than six thousand six hundred ($6,600) dollars, and the two an annual salary of not less than five thousand ($5,000) dollars, all payable in equal monthly installments from county funds. The governing authority of the county shall fix the amount of such salaries. McDuffie County shall furnish and make available to the sheriff's office such automobiles as the governing authority deems necessary, and the county shall maintain and meet all necessary expenses connected with the use of said automobiles by the sheriff's office on official business thereof. The sheriff is authorized to employ a secretary who shall receive an annual salary of not less than two thousand five hundred ($2,500) dollars, payable in equal monthly installments. McDuffie County shall furnish and maintain uniforms for the use of the deputy sheriffs. The sheriff of McDuffie County is charged with the responsibility of feeding all prisoners confined in the county jail. McDuffie County shall pay to the sheriff the sum of not less than $1.50 per day per prisoner for the purpose of defraying the cost of feeding such prisoners. In addition to the sheriff's annual salary, he shall continue to receive the specified turnkey fees. Salaries. 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 1973 session of the General Assembly of Georgia,
Page 2567
a bill to change the compensation of the deputy sheriffs of McDuffie County; to provide for additional deputies; to change the provisions relating to the furnishing of automobiles to the sheriff's office; and for other purposes. This 18th day of January, 1973. /s/ J. Roy McCracken Representative, 77th District /s/ Preston Lewis Representative, 77th District /s/ Glenn Phillips Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston Lewis who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following dates: January 25, February 1, 8, 1973. /s/ Preston B. Lewis Representative, 77th District Sworn to and subscribed before me, this 23rd day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 6, 1973.
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TIFT COUNTYCERTAIN MEMBERS OF BOARD OF COMMISSIONCONTINGENT EXPENSE ALLOWANCE PROVIDED. No. 192 (House Bill No. 941). 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 a contingent expense allowance for the vice chairman and members of said board of commissioners of Tift County other than the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, is hereby amended by adding, between sections 19 and 20, a new Section to be known as section 19A; to read as follows: Section 19A. An annual contingent expense allowance for the vice chairman and each of the commissioners of the board of commissioners of Tift County, other than the chairman, shall be and the same is hereby fixed in the sum of $1,200.00, which shall be in addition to any other compensation provided for said vice chairman and members other than the chairman. Expense allowance. The annual contingent expense allowance herein provided and fixed shall be paid in equal monthly installments from the funds of Tift 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.
Page 2569
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, so as to change the compensation provisions relating to the members of the board of commissioners other than the chairmen; and for other purposes. This 5th day of February, 1973. /s/ Henry Bostick Representative, 123rd 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 123rd District, and that the attached copy of Notice of Intention of Introduce Local Legislation was published in the Tifton Gazette which is the official organ of Tift County, on the following dates: February 10, 17, 24, 1973. /s/ Henry Bostick Representative, 123rd District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 6, 1973.
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GLYNN COUNTYSTATE COURTJUROR SELECTION PROVIDED, ETC. No. 195 (House Bill No. 769). An Act to amend an Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, so as to provide for the number and selection of jurors in said court; to provide for payment of certain court costs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, is hereby amended by striking Section 30 in its entirety and substituting in lieu thereof a new section 30, to read as follows: Section 30. At each trial session of said court, the judge shall, from the petit jurors drawn and summoned, cause to be made up a panel of twelve jurors. All cases and issues to be tried by jury at said trial session, whether civil or criminal, shall be tried by a jury stricken from said panel of twelve. If from any cause said panel should be reduced below twelve, the judge shall cause the panel to be filled by tales jurors to the number of twelve. In all criminal cases tried in said court, the defendant shall be entitled to four peremptory challenges and the State shall be entitled to two. In all civil cases the plaintiff and defendant shall each be entitled to three peremptory challenges. All laws and rules, both civil and criminal, regulating the selection of juries in the superior courts shall apply to said court except where they are inconsistent with the terms of this Act. Jurors. Section 2. Said Act is further amended by striking section 45 in its entirety and substituting in lieu thereof a new section 45, to read as follows: Section 45. (a) Each party filing a suit or proceeding in said court involving the principal sum of $200.00 or less
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in which one copy of summons is issued for service shall deposit with the clerk of said court at the time of filing or commencement of said proceeding the sum of $11.50; for each additional copy of summons issued for service, such party shall deposit the additional sum of $4.00; provided, however, said deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same and, provided, further, if the party making such deposit shall finally prevail in said suit or proceeding, the amount of said deposit shall be taxed as part of the costs against the losing party in said suit, and if recovered as against a losing party defendant, shall be refunded to the party depositing the same, after all costs have been paid. Costs. (b) Each party filing a suit or proceeding in said court involving the principal sum of more than $200.00 shall deposit with the clerk of said court at the time of the filing or commencement of said proceeding the sum of $20.00 as costs of suit; provided, however, said deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same, and provided, further, if the party making such deposit shall finally prevail in said suit or proceeding, the amount of said deposit shall be taxed as part of the costs against the losing party in said suit, and if recovered as against a losing party defendant, shall be refunded to the party depositing the same, after all costs have been paid. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Glynn
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County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, so as to provide for the number and selection of jurors in said court and to provide for payment of certain court costs; to provide an effective date; to repeal conflicting laws; and for other purposes. This 30th day of January, 1973. /s/ Eston A. Harden Representative, 128th District /s/ Charles W. Rogers Representative, 128th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Rogers who, on oath, deposes and says that he is Representative from the 128th 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 31, February 7, 14, 1973. /s/ Charles W. Rogers Representative, 128th District Sworn to and subscribed before me, this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 9, 1973.
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PULASKI COUNTYBOARD OF EDUCATIONNUMBER OF MEMBERS PROVIDED, ETC.REFERENDUM. No. 197 (House Bill No. 180). An Act to provide for the number of members of the County Board of Education of Pulaski County; to provide for the appointment of such members by the Grand Jury; to provide for the term of office, residence requirements, compensation and manner of appointment of such board members; to provide for the method of filling vacancies occurring on said Board of Education; to provide for the qualifications of members of the board; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Education of The Pulaski County School System shall be composed of seven (7) members who shall be appointed as hereinafter provided by the Grand Jury of Pulaski County. Number. Section 2. Immediately after the effective date of this Act, the Grand Jury shall select two (2) additional members of the Board of Education from qualified persons who reside within the corporate boundaries of the City of Hawkinsville, provided that with respect to the first selection of said additional members by the Grand Jury after the effective date of this Act, the term of one shall be three (3) years and the term of the other, five (5) years, and provided further that the term of his replacement shall be five (5) years. Section 3. As the terms of the two members of the Board of Education who reside within the boundaries of the City of Hawkinsville expire, the Grand Jury shall select his replacement from qualified persons who reside within the corporate boundaries of said city, so that at all times two members
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of said board shall reside within the corporate boundaries of said city. Section 4. After said board shall be composed as provided in section 2 hereof, and as the respective terms of the incumbent members of the board at the time of the effective date of this Act expire, the Grand Jury shall select his replacement from qualified persons who reside in the county outside the corporate boundaries of the city of Hawkinsville, so that at all times five (5) members of the board shall reside in the county outside the corporate boundaries of said city. Section 5. For the purpose of this Act, the corporate boundaries of the city of Hawkinsville shall be the boundaries of said city as the same exists at the time of the effective date of this Act and as the same may be extended or otherwise changed from time to time. Section 6. The term of a member of the Board of Education shall be five (5) years, except as provided in section 2 above, and shall hold office until their successors are appointed and qualified. Terms. Section 7. Persons selected as members of the Board of Education shall be at least twenty-one (21) years of age, shall be of good moral character, shall have at least a fair knowledge of the elementary branches of an English education and shall be favorable to the common school system. Qualifications. Section 8. Members of the County Board of Education shall (when approved by the Board of Education) receive a per diem of Twenty ($20.00) Dollars for each day of attendance at meetings of the Board, and while meeting and traveling within or without the State as a member of a committee of the Board on official business first authorized by a majority of the Board, plus reimbursement for actual expenses necessarily incurred in connection therewith, provided that a member who fails to attend any meeting of the Board shall not receive the per diem. Per dieum.
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Section 9. All meetings of the Board of Education shall be open to the public, except where otherwise provided by law. Meetings. Section 10. Whenever a member of the Board of Education who at the time of his appointment, or election by the remaining members of the Board in the case of a vacancy, resides outside the corporate limits of the City of Hawkinsville, moves his residence into the corporate limits of the City of Hawkinsville, the member changing his residence shall immediately cease to be a member of the Board and the vacancy shall be filled by the remaining members of the Board electing a successor who shall possess the same residency qualifications as his predecessor, to serve out the unexpired term of office, and until his successor is duly appointed by the Grand Jury and qualified. Vacancies. Section 11. 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 Pulaski County to issue the call for an election for the purpose of submitting this Act to the voters of Pulaski County for approval or rejection. The Ordinary shall set the date of such election after the first Monday in May, 1973. The Ordinary 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 Pulaski County. The ballot shall have written or printed thereon the words: YES () NO () Shall the Act providing for increasing the members of the Board of Education of Pulaski County to seven (7) members and providing for the appointment of such members by the Grand Jury, and providing for the term of office, place of residence, and qualifications of members of the Board of Education, and providing for the compensation of such members of the Board of Education, and providing for the filling of vacancies on said Board of Education be approved? Referendum.
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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 Pulaski 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 12. The provisions of this Act shall become effective when the voters of Pulaski County approve this Act in the referendum election hereinabove provided. Effective date. Section 13. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Upon recommendation of the September Term, 1972, Pulaski County Grand Jury, notice is hereby given that there will be introduced in the 1973 regular session of the General Assembly a local bill to increase the number of members on the Pulaski County Board of Education from five (5) to seven (7) with the two additional members coming from within the corporate limits of the City of Hawkinsville; to provide for a referendum thereon; to abolish conflicting laws. Ben Jessup, Sr. Representative, 102nd District, Post 3. Georgia, Pulaski County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John C. McCune, who, on oath, deposes and says that he is the Editor and Publisher
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of the Hawkinsville Dispatch News, 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, Georgia, on the following dates: December 20, 1972, December 27, 1972, January 3, 1973. /s/ John C. McCune Sworn to and subscribed before me, this 6th day of January, 1973. /s/ Leon H. Williams Notary Public. My Commission Expires May 15, 1973. (Seal). Approved April 9, 1973. CITY OF EAST POINTCHARTER AMENDEDCORPORATE LIMITS CHANGED, ETC. No. 198 (House Bill No. 299) 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) and the several Acts amendatory thereof, particularly the Act approved March 9, 1972 (Ga. L. 1972, p. 2151); 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 East Point, Fulton County, approved August 19, 1912 (Ga. L. 1912, p. 862) and the several Acts amendatory thereof, particularly the Act approved March 9, 1972 (Ga. L. 1972, p. 2151), is hereby further amended as hereinafter set forth.
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Section 2. Said amendatory Act of 1972 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 existence and identity of the City of East Point in the County of Fulton with all authority, rights, powers, jurisdiction, privileges, exemptions and immunities conferred, and all duties, obligations and liabilities imposed by law within and throughout the geographical area of said county embraced within the existing territorial boundary lines of said city are hereby revised and said city reincorporated and the several Acts incorporating and amending the charter thereof are hereby consolidated and continued unimpaired except as altered and amended by this Act. Section 3. Said amendatory Act of 1972 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. Present Laws, Rights and Liabilities Not Affected. All ordinances and resolutions of said city now in force and not in conflict herewith and in particular those ordinances adopted pursuant to Ga. L. 1965, p. 298, et seq., as amended, known as the `Municipal Home Rule Act of 1965' remain unchanged subject, however, to be amended or repealed by the duly constituted governing authority of said city. All property and property rights now held, owned or possessed by said city and all pending suits or claims by or against said city are preserved and unaltered. Section 4. Said amendatory Act of 1972 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. Corporate Boundaries and Ward Boundaries. (1) The corporate boundaries of said city are hereby defined and described as follows: BEGINNING at the northwest corner of Land Lot 198 of the 14th District of Fulton County, Georgia, and running
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thence east along the north line of Land Lots 198 and 187 a distance of 3,700 feet, more or less, to a point 474 feet east of the southwest corner of Land Lot 186 at the intersection of said Land Lot line with the northerly right-of-way line of the Lakewood Avenue extension; running thence southeasterly, easterly and northeasterly 192.5 feet, 372.1 feet and 130.0 feet, respectively, along the north right-of-way of the Lakewood Avenue extension to a point where the north right-of-way of Lakewood Avenue extension intersects with the north line of Land Lot 187 of the 14th District of Fulton County; running thence easterly along said north line of Land Lot 187 to a point where said north line intersects with the southern right-of-way line of the Lakewood Avenue extension; running thence northeasterly, easterly, and southeasterly along the southern right-of-way line of said Lakewood Avenue extension to a point 800 feet westerly of the southwest corner of Land Lot 154; thence northerly 800 feet west of and parallel with the west line of Land Lot 154 to the north line of Land Lot 167; thence easterly along the north line of Land Lots 167 and 154 a distance of 2,050 feet, more or less, to the west line of the property of the United States; thence southerly 1,700 feet, more or less, and easterly 1,593 feet along the property of the United States to the east line of Land Lot 154; thence southerly along the east line of Land Lot 154, 580 feet, more or less, to the corner of the property of the United States; thence easterly along the south line of said property 2,700 feet, more or less, to the east side of North Main Street; thence southerly 847 feet, more or less, to a point on the east side of North Main Street; thence eastwardly along the city limits of the City of Atlanta and the south side of Lakewood Avenue 4,549 feet, more or less, to a point, 897 feet east of Sylvan Road; thence southerly 1,417 feet; thence west 22 feet; thence southerly 450 feet; thence westwardly 400 feet; thence southerly in a straight line parallel with and 500 feet east of the center line of Sylvan Road, a distance of 4,000 feet to the south side of Cleveland Avenue; thence east along the south side of Cleveland Avenue 550 feet, more or less, to the west side of Springdale Road; thence southerly along the west side of Springdale Road 1,395 feet, more or less, to a southeast corner of the property of Sylvan Heights
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Apartments, Inc.; thence south 89 degrees, 14 minutes 30 seconds west, 450 feet; thence south 0 degrees, 45 minutes 30 seconds east, 191.59 feet; thence south 89 degrees, 14 minutes 30 seconds west, 317 feet, more or less, to a point 200 feet east of the center line of Sylvan Road; thence south 1,400 feet to the south line of Land Lot 100; thence west along the south line of Land Lot 100, 200 feet to the common corner of Land Lots 99, 100, 125 and 126; running thence south along the east line of Land Lot 126 and the west line of Land Lot 99 a distance of 2,200 feet, more or less, to a point, which point is 30.1 feet, more or less, east of that point which is the northern terminus of that line described in a deed dated the 7th day of April, 1961, to the State Highway Department of Georgia recorded in Deed Book 3706, page 288, Fulton County Records; running thence westerly a distance of 30.1 feet to a point, said point being the west side of Sylvan Road and the northern terminus as described in the above mentioned deed, running thence southerly along the west right-of-way of Sylvan Road a distance of 460 feet more or less, to a point located on the west right-of-way of Sylvan Road; running thence in a southwesterly direction a distance of 57.5 feet to a point; running thence in a southwesterly direction a distance of 185.7 feet, said point being located on the south land lot line of Land Lot 126 and 205 feet, more or less, west of the southeast corner of Land Lot 126; running thence west along the south line of Land Lot 126 a distance of 1,190 feet, more or less, to a point; running thence southerly a distance of 640 feet, more or less, to a point on the northwesterly boundary of the right-of-way of Interstate 85; thence running westwardly along the right-of-way of said Interstate 85 and following the curvature thereof (same being an exit ramp and access road to the Atlanta Airport) to a point said right-of-way line intersects with what is now or was formerly the center line of Park Street; running thence westwardly to the east right-of-way line of Whipple Street; running thence south along said east right-of-way line of said Whipple Street to and across Virginia Avenue to the south boundary thereof; thence west along the south side of Virginia Avenue a distance of 525 feet, more or less, to a point; running thence south a distance of 15 feet to a point, said point being located on the
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south right-of-way of Virginia Avenue as widened for additional right-of-way; running thence west along the south right-of-way of Virginia Avenue a distance of 66.8 feet to a point; thence south along the west line of Lot 4 Block DS of the Egan Park Subdivision according to plat recorded in Deed Book 183, page 704 of the records with the Clerk of the Superior Court of Fulton County, Georgia, across an alley and along the west line of Lots 5, 6, and 7 of Block IS of said subdivision 325 feet, more or less; thence east along the north line of Lot 8 of Block IS of said subdivision and continuing east across Delta Avenue 202 feet to the northwest corner of Lot 4 of Block JS of said subdivision; thence south along the east side of Delta Avenue 280 feet; thence east along the north line of Lot 5 of Block OS of said Subdivision 172 feet; thence south 218 feet, more or less, to the southeast corner of Lot 8 of Block OS of said subdivision (same being the south line of Land Lot 130 of the 14th District of Fulton County); thence west along the south line of said Land Lot 130 to the center line of Harrison Road; thence northerly along the center line of Harrison Road to the center line of Virginia Avenue; thence to a point where the north side of Virginia Avenue intersects with the west side of Harrison Road; thence north along the west side of Harrison Road to a point formed by the intersection of the north side of Hardin Avenue and the west side of Harrison Road; thence west along the north side of Hardin Avenue a distance of 203 feet more or less, to a point formed by the intersection of the north side of Hardin Avenue and the center line of an alley; thence north along the center line of an alley to Cambridge Avenue at a point 213 feet west of the southwest corner of East Cambridge Avenue and Harrison Road; thence continuing in a straight line to the center of East Cambridge Avenue; thence east 50 feet, more or less, to the center line of an alley; thence north along the center line of the last mentioned alley 250 feet to a point, 172.8 feet west of the west side of Harrison Road; thence west along the center line of an alley, 255 feet to the east side of Monroe Street; thence south along the east side of Monroe Street, 225 feet to the north side of Cambridge Avenue; thence west along the north side of Cambridge Avenue 690 feet, more or less, to the west line of Land Lot 130; thence north along the west
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line of Land Lot 130 to the south line of East Walker Avenue; thence east 650 feet, more or less, to the northeast corner of South Park property; thence south 190 feet; thence east along the center line of an alley 315 feet, more or less; thence north parallel to and 155 feet west of Harrison Road 810.5 feet to the north line of Land Lot 130; thence westwardly along said north line of said Land Lot 130 a distance of 633 feet; thence northwardly to a point on the north side of Vesta Avenue 130 feet, more or less, east of the intersection formed by the north side of Vesta Avenue and the east side of Elm Street; thence westwardly along the north side of Vesta Avenue to a point formed by the intersection of the north side of Vesta Avenue and the east side of Elm Street; thence northwardly along the east side of Elm Street 283 feet, more or less, to the north side of a branch; thence northwestwardly along said north side of said branch 839 feet to the south side of Willingham Drive; thence westwardly along the south side of said Willingham Drive 387 feet to a point formed by the intersection of the south side of Willingham Drive and the east side of Plant Street; thence southwestwardly along the east side of Plant Street 677 feet, more or less, to the center line of Vesta Avenue and the City of College Park city limits; thence westwardly along the center line of Vesta Avenue and the City of College Park city limits 3,930 feet, more or less, to a point, said point being 20 feet south of and 200 feet west of the intersection of the north side of English Lane and the west side of LaRose Street; thence northwardly 165 feet to an iron pin on the west side of said LaRose Street; thence westwardly 258 feet to an iron pin; thence northwardly 67.1 feet to a point; thence north 59 degrees, 30 minutes west a distance of 60 feet to an iron pin; thence southwestwardly 365.3 feet to a point (same being a point 539 feet east of the west boundary of Land Lot 163 and 25 feet south of the extended center line of said West Vesta Avenue); thence northwesterly 50.8 feet to a point (same being the southeasterly corner of a lot known as 3274 Cloverhurst Drive); thence southwesterly along the southeasterly side of aforesaid lot a distance of 101.0 feet, more or less, to the southwesterly corner of aforesaid lot; thence northwesterly a distance of 50.2 feet to a point; thence westerly a distance of 131.5 feet, more
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or less, to a point; thence southwardly along a boundary line of the City of College Park, 151 feet to an iron pin; thence westwardly along the boundary line of the City of College Park to a point where said line intersects with an extension of the westerly right-of-way line of DeLowe Drive at a point 475 feet north of the south line of Land Lot 190; thence northwardly along the west right-of-way of DeLowe Drive to the southerly right-of-way of Linda Avenue, a distance of 330 feet, more or less; thence westerly along the southerly right-of-way of Linda Avenue a distance of 355 feet, more or less, to a point formed by the intersection of the south right-of-way of Linda Avenue and the west right-of-way of Pollard Street; thence southerly along the extension of the westerly right-of-way of Pollard Street a distance of 8 feet, more or less, to a point (same being the southeasterly corner of a lot known as 3209 Pollard Street); thence westerly along the southern boundary of the aforesaid lot a distance of 214.4 feet, more or less, to a point (same being the southwesterly corner of aforesaid lot); thence southerly 30 feet, more or less, to a point (same being the southeast corner of a lot known as 3214 Harris Drive; running thence in a westerly direction and along the south boundary of said lot a distance of 190 feet to the east side of Harris Drive; thence southerly along the easterly right-of-way of Harris Drive a distance of 85 feet, more or less; thence westerly to a point at the southwest corner of a lot known as 3227 Harris Drive (same point being 200 feet, more or less, west of the west right-of-way of Harris Drive); thence southerly 189 feet, more or less, to a point; thence westerly 237.5 feet, more or less, to a point; thence northwardly 250 feet, more or less, to a point; thence northwesterly a distance of 160 feet, more or less, to the northwesterly corner of a lot known as 3262 Lyle Terrace; thence southwesterly a distance of 110 feet, more or less, to a point at the northeasterly corner of a lot known as 3258 Lyle Terrace; thence northwesterly along the rear of aforesaid lot a distance of 110 feet, more or less, to the northwesterly side of a private alley; thence southwesterly along the northwesterly side of said private alley a distance of 190 feet, more or less, to the northeasterly side of Lyle Terrace; thence northwesterly along the northeasterly side of Lyle Terrace to a point where Lyle Terrace
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narrows to a 20 foot alley (said point being the intersection of the northeasterly side of Lyle Terrace and an extension of the rear boundary of Lots known as 3224 and 3216 Washington Road); running thence in a southwesterly direction across said alley and along the rear boundary lines of lots known as 3216 and 3224 Washington Road a distance of 194 feet, more or less, to the southeasterly corner of a lot known as 3224 Washington Road; thence northwesterly to the intersection of the southeasterly side of Washington Road (said point being the southwesterly corner of the lot last aforesaid at a point 30 feet from the existing center line of Washington Road if measured in a straight line from said center line and at right angles thereto); thence southwesterly along the east side of Washington Road and 30 feet from the center line thereof to a point formed by the intersection of the south boundary of West Lyle Avenue and the southeasterly boundary of Washington Road; thence westerly along the south side of West Lyle Avenue a distance of 7.2 feet to a point on the southeast side of Washington Road, (the same being 22.8 feet from the center line of Washington Road); running thence southwesterly along the southeast side of Washington Road a distance of 3,000 feet, more or less, to a point formed by the intersection of the southeasterly side of Washington Road with the east right-of-way of Carriage Way; running thence in a southerly direction along the east right-of-way of Carriage Way, and following the curvature thereof, a distance of 470 feet, more or less, to a point located on the west right-of-way of Brooks Street (an unopen street); running thence south along the west line of said Brooks Street to the south line of Land Lot 194; thence west along the south line of said Land Lot 194 and the north line of Land Lot 193 to a point 258.7 feet west of the west right-of-way of Brooks Street (an unopen street); thence southeasterly 300 feet to a point; thence northwesterly 154 feet; thence south 41 degrees east, 200 feet to a point; thence south 12 degrees east, 200 feet to a point; thence south 7 degrees west 158 feet to a point; thence southeasterly 371 feet to a point; thence southwesterly 425 feet to a point; running thence south 9 degrees, 17 minutes west 252 feet to an iron pin and the center of Camp Creek; thence south 80 degrees, 43 minutes west along the center of Camp
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Creek, 157.3 feet to an iron pin; thence south 56 degrees 20 minutes west along the center of Camp Creek 100 feet to an iron pin; thence south 65 degrees, 51 minutes west along the center of Camp Creek 132.7 feet to an iron pin; thence southwesterly along the center of Camp Creek and following the curvature thereof 275 feet, more or less, to a point where the center of Camp Creek intersects with the west line of Land Lot 193; running thence south along the west line of Land Lot 193 to a point where said Land Lot line intersects with the south right-of-way line of Camp Creek Parkway; thence westerly along the south right-of-way line of said Camp Creek Parkway to a point where said south right-of-way line of Camp Creek Parkway intersects the west Land Lot line of Land Lot 224; thence south along the west line of Land Lot 224 to the south line of Land Lot 224 and the north line of Land Lot No. 3 of the 13th District of Fulton County; thence south along the west line of Land Lot 3 to a point where said west Land Lot line intersects with the southwest right-of-way line of Janice Drive; thence southeasterly along the southwesterly right-of-way of Janice Drive a distance of 241.7 feet, more or less, to a point on the southwesterly side of Janice Drive, (the same being the northeasterly most corner of Lot 17, Block A of Sun Valley Subdivision); thence southwesterly along the southeasterly boundary of Lot 17, Block A of Sun Valley Subdivision a distance of 183.1 feet to a point where said southeasterly border of Lot 17, Block A of Sun Valley Subdivision intersects with the northeasterly border of Lot 16, Block A of Sun Valley Subdivision; thence southeasterly along the northeasterly border of Lot 16, Block A of Sun Valley Subdivision a distance of 101.9 feet, more or less, to a point; thence southwesterly along the southeasterly border of Lots 16, 15, 14 and 13 of Block A of Sun Valley Subdivision a distance of 357 feet, more or less, to a point on the west line of Land Lot 30 and the east line of Land Lot 31 of the 13th District of Fulton County (said point being the southerly most corner of Lot 13, Block A of Sun Valley Subdivision); thence south along the east line of Land Lot 31 and the west line of Land Lot 30 to a point where said Land Lot line intersects with the southerly side of Sunset Lane; thence south along said Land Lot line a distance of 1,008.4 feet, more or less, to a point on the north
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boundary line of a lot known as 2999 Palm Springs Court; thence easterly along the northern boundary line of the aforesaid lot a distance of 190 feet, more or less, to the northeast corner of the aforesaid lot; thence southerly a distance of 400 feet, more or less, to the southeast corner of a lot known as 2988 Palm Springs Court; thence westerly a distance of 190 feet, more or less, to a point formed by the intersection of the south boundary line of a lot known as 2998 Palm Springs Court and the east line of Land Lot 31 of the 13th District of Fulton County; thence southerly along said Land Lot line to the southeast corner of the aforesaid Land Lot 31; thence easterly along the north line of Land Lot 35 to a point (said point being the intersection formed by the north line of Land Lot 35 and the northwesterly right-of-way of Yates Road); thence southwesterly along the northwesterly side of Yates Road and following the curvature thereof a distance of 569.3 feet, more or less, to a point; thence west a distance of 435.6 feet, more or less, to a point; thence north parallel with the northwesterly side of Yates Road a distance of 120 feet, more or less, to a point; thence west a distance of 115.2 feet, more or less, to a point on the northeasterly right-of-way of a limited access highway (Interstate 285); thence northwestwardly along the aforesaid right-of-way and following the curvature thereof a distance of 423.1 feet, more or less, to a point formed by the intersection of the northeasterly right-of-way of a limited access highway (Interstate 285) and the north line of Land Lot 34; thence westwardly along the north line of Land Lot 34 and the south line of Land Lot 31 to an iron pin at the southeast corner of Land Lot 32 (said point being the common corner of Land Lots 31, 32, 33 and 34 of the 13th District of Fulton County); running thence west along the south line of Land Lot 32 a distance of 545.8 feet to a point on the easterly right-of-way of Campbell Road, also known as Campbell Drive; (having a right-of-way of 50 feet); thence running in a northerly direction along the easterly right-of-way of Campbell Road aforesaid and following the curvature thereof a distance of 443 feet to a point at the southwest corner of property now or formerly owned by Mrs. Grace M. Wilkins (acquired by her by warranty deed recorded in Deed Book 4916, page 321, Fulton County Records); thence running
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east along the south line of said Wilkins property 198.5 feet to a point; thence running in a northerly direction along the easterly line of Wilkins property 81.5 feet to a point on the south line of property now or formerly owned by Minnie Culpepper Zeanah (acquired by her by warranty deed recorded in Deed Book 4913, page 504, Fulton County Records); thence running east along the south line of said Zeanah property 40 feet to a point; thence running in a northerly direction along the easterly line of said Zeanah property 100 feet to a point; thence running west along the north line of said Zeanah property 240 feet to a point on the northeasterly right-of-way line of Campbell Road aforesaid; thence running in a northwesterly direction along the north easterly right-of-way line of Campbell Road 100 feet to a point; thence running east 629.6 feet to a point on the east line of Land Lot 32; thence north along said Land Lot line a distance of 100 feet; thence west a distance of 650 feet, more or less, to the east right-of-way line of Campbell Road; thence northwardly along the eastern right-of-way line of Campbell Road to a point formed by the intersection of an extension of the southern boundary line of Lot 5 of Block B of the W. J. Lee survey of the J. S. Watson property, with the northeasterly right-of-way line of Campbell Road; running thence westerly along the southern boundary of Lot 5, Block B of the aforesaid survey a distance of 1,602 feet, more or less, to the southwest corner of Lot 5 of Block 5 of Block B of the aforesaid survey; running thence north along the westernmost boundary line of Lots 5, 6, and 7 of Block B of the aforesaid survey a distance of 885 feet, more or less, to the northwest corner of Lot 7 of Block B1 thence east along the northern boundary of Lot 7 a distance of 1,477 feet, more or less, to the east right-of-way line of Campbell Road; thence northwardly along the east right-of-way of Campbell Road to a point located at the northwest corner of Lot 4, Block A of the Lee Survey of 1914 of the Watson Subdivision recorded in Plat Book Y, page 5 of Fulton County Records; thence east along the northern boundary of Lot 4, Block A of aforesaid survey a distance of 873 feet to the northeast corner of Lot 4, Block A (same being a point on the east line of Land Lot 32); thence north along said Land Lot line a distance of 478 feet, more or less, to the northeast corner of said Land
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Lot (the same being the common corner of Land Lots 1, 2, 31, and 32 of the 13th District of Fulton County); thence west along the north line of Land Lot 32 a distance of 988 feet, more or less, to the west right-of-way of Campbell Road; thence southeasterly along the westerly right-of-way of Campbell Road a distance of 317 feet, more or less, to the southeast corner of Lot 10, Block B of the W. J. Lee survey of the J. S. Watson property; thence westerly along the southern boundary of Lot 10, Block B of the aforesaid survey to the southwesterly corner of said Lot 10, Block B; (thence northerly along the westerly border of said lot and block a distance of 309 feet, more or less, to the northern line of Land Lot 32; thence westerly along said Land Lot line a distance of 740 feet, more or less, to the northwest corner of said Land Lot (same being the common corner of Land Lot 1 and 32 of the 13th District of Fulton County and Land Lots 155 and 180 of the 9th District of Fulton County); running thence north along the west line of Land Lot 1 of the 13th District of Fulton County, 2,970 feet, more or less, to the south line of Land Lot 256 of said 14th District; thence north along the west line of Land Lots 256 and 255 of the 14th District of Fulton County, 6,000 feet, more or less, to the northwest corner of said Land Lot 255; thence east along the north line of said Land Lot 255 and 226 of the 14th District of Fulton County, 4440 feet, more or less, to an iron pin on the north line of Land Lot 226; thence north a distance of 1,439 feet, more or less, to an iron pin (said iron pin being the southwesterly corner of the parcel described in Ga. L. 1962, p. 3180, et seq.); thence north a distance of 1,434.6 feet, more or less, to an iron pin located on the north line of Land Lot 227 and the south line of Land Lot 228; thence east along said Land Lot line a distance of 1,317.1 feet, more or less, to an iron pin; thence north 200 feet to an iron pin; thence east 310 feet to an iron pin located on the east line of Land Lot 228 and the west line of Land Lot 221; thence northwardly along the west line of Land Lot 221, 220 and 219 to a point on said line 200 feet north of the south line of Land Lot 219; thence easterly 1,205 feet, more or less, to a point 150 feet east of the east side of Maxwell Drive; thence northwardly parallel with and 150 feet east of the east side of said Maxwell Drive a distance of 780 feet to a point 690 feet south of the
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south side of Conley Drive; thence eastwardly 1,638.9 feet to the east line of said Land Lot 219 at a point 1,126.3 feet, more or less, north of the south line of Land Lot 219; thence northwardly along the east line of Land Lot 219 and the west line of Land Lot 198 to the northwest corner of Land Lot 198 and the point of beginning; together with any and all other land heretofore annexed by the City of East Point whether by legislature enactment or pursuant to the `Georgia Home Rule Act' of 1965. (2) Said city shall be divided into four wards to wit: Wards A, B, C and D, which are more particularly described as follows: (a) Ward A: The boundaries of Ward A of said city are as follows: Commencing at the intersection of DeLowe Drive and Headland Drive and following Headland Drive easterly to the intersection with Kimmeridge Drive and southerly along Kimmeridge to the intersection with Lexington Avenue; thence easterly along Lexington Avenue and the curvature thereof to the intersection with Neely Avenue; along Neely Avenue easterly to the intersection with Warren Way; then northerly along Warren Way to the intersection with Headland Avenue and Norman Berry Drive; then easterly along Norman Berry Drive to the intersection with Stanton Road; then northerly along Stanton Road to the intersection with Lakewood Avenue extension and easterly along Lakewood Avenue extension to its intersection with Utoy Creek; then northerly along Utoy Creek to the city limits of East Point; then easterly along the city limits to the intersection with the Central of Georgia and West Point Railway; then southerly along the curvature of the Central of Georgia Railway to the intersection with the city limit boundary; then southerly, westerly, northerly and westerly along the city limits of East Point to the intersection formed with DeLowe Drive; then northerly along DeLowe Drive to the intersection with Headland Drive. All of the interior portion of the aforedescribed parcel comprises Ward A of the City of East Point.
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(b) Ward B: The boundaries of Ward B of said city are as follows: Commencing on North Main Street at the intersection of North Main Street, the Central of Georgia Railroad right-of-way and the city limits of East Point; then easterly, southerly, westerly and southerly along the city limits of East Point to the point where they intersect with the Central of Georgia Railroad right-of-way; then northwesterly, northerly and northeasterly along the curvature of the Central of Georgia Railroad right-of-way to the intersection formed with said right-of-way and North Main Street and the city limit of East Point. All of the interior portion of the aforedescribed parcel comprises Ward B of the City of East Point. (c) Ward C: The boundaries of Ward C of the City of East Point are as follows: Commencing at the intersection of the city limits of East Point and Ben Hill Road and then easterly, northerly and northeasterly along the city limit line of the City of East Point to the easterlymost intersection of the city limits with Utoy Creek; thence southeasterly along Utoy Creek to the intersection with Lakewood Avenue Extension; then westerly and southwesterly along the curvature of Lakewood Avenue Extension to the intersection of Lakewood Avenue Extension with Stanton Road; then southerly along Stanton Road to the intersection with Norman Berry Drive; thence westerly along Norman Berry Drive to the intersection with Warren Way and Headland Drive; then southeasterly along Warren Way to the intersection with Neely Avenue; then westerly along Neely Avenue to the intersection with Lexington Avenue; then along the curvature of Lexington Avenue to the intersection with Kimmeridge Drive; northerly along Kimmeridge to the intersection with Headland Drive; then westerly along Headland Drive to the intersection with DeLowe Drive; then southerly along DeLowe Drive to the intersection with Ben Hill Road; then westerly and northwesterly along the curvature of Ben Hill Road to the city limits of East Point. All of the interior portion
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of the aforedescribed parcel comprise Ward C of the City of East Point. (d) Ward D: The boundaries of Ward D of the City of East Point are as follows: Commencing at the intersection of Ben Hill Road and the city limits; then southeasterly along the curvature of Ben Hill Road to the intersection with DeLowe Drive; and southerly along DeLowe Drive to the city limits; then westerly, southwesterly, southerly, westerly, northerly and easterly along the city limits of East Point to the intersection of said city limits with Ben Hill Road. All of the interior portion of the aforedescribed parcel comprises Ward D of the City of East Point. Section 5. Said amendatory Act of 1972 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. Mayor; Duties. The mayor of said city shall be the chief executive officer thereof, and shall see that all of its laws, ordinances, resolutions, rules and regulations are executed and enforced and that all officers and employees faithfully discharge their duties. He shall have general supervision over the affairs of the city and shall preside at meetings of the city council. He shall convene the city council in special called sessions when he deems it necessary. The mayor shall be a full-time executive officer of said city. Unless otherwise expressly provided by law or this charter, he shall have no vote on any question before the city council except in case of a tie; provided, he shall have power to veto any action of the city council, except an impeachment resolution of removal of the mayor; and no act shall take effect over such veto unless subsequently passed by the affirmative vote of at least six councilmen on a Yea and Nay vote duly recorded on the minutes of the city council; and action of the city council, unless disapproved by the mayor's veto filed in writing with the city clerk within three (3) days from the date of such action, with the reasons for withholding his assent, shall take effect as if signed and
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approved by the mayor, but if he approves it the measure shall go into effect immediately upon such approval. Section 6. Said amendatory Act of 1972 is further amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11, to read as follows: Section 11. Veto by Mayor. At its first regular meeting next after the mayor vetoes a measure, the city council shall reconsider its action on such measure and the reasons assigned by the mayor for his disapproval, and unless such measure be passed again by the affirmative vote of six councilmen at such next regular meeting, it shall not take effect, and said measure shall not again be considered or acted upon within less than ninety (90) days without unanimous consent of all councilmen present, except in case of substantial change of conditions material to the subject matter of such measure. Section 7. Said amendatory Act of 1972 is further amended by striking section 19 in its entirety and inserting in lieu thereof a new section 19, to read as follows: Section 19. Salaries of Mayor and Council. Exclusive of the premiums paid by the city on group insurance and retirement benefits, the mayor shall receive an annual salary of twenty-two thousand dollars ($22,000.00), and the mayor's salary shall not be reduced during his term of office. Each councilman shall receive an annual salary of two thousand six hundred dollars ($2,600.00), exclusive of premiums paid by the city on group insurance and retirement benefits. Said salaries for the mayor and councilmen shall be paid in equal biweekly installments. In addition to the annual salaries set forth above, the mayor shall receive an annual expense allowance of two thousand four hundred dollars ($2,400.00), payable biweekly; and each councilman shall be paid an annual expense allowance of one thousand two hundred dollars ($1,200.00), payable biweekly. In addition thereto, the mayor shall be furnished an efficient private secretary who shall be appointed by him, who alone shall fix her compensation, but within limits allowed by the city council. Her duties and office hours shall be determined by
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the mayor, and she shall be subject to his orders only and may be discharged, removed or disciplined only by him while he remains mayor of said city, subject to her right of a hearing before him in case of her demotion, suspension, discharge or other discipline by him; and she shall otherwise be a `classified' employee of the city entitled alike to the rights, benefits and privileges of other `classified' personnel, including sick and vacation leave, group insurance, disability and retirement benefits and seniority rights after six months of good behavior and efficient service evidenced by a certificate by the mayor, filed with the city council after expiration of such six months' probation, or resolution adopted by the City Council of East Point after such probation, subject to all other laws, ordinances, rules and regulations of the City Council of East Point, except as above provided by this Section; provided, seniority shall not entitle her to appointment by a mayor succeeding the one under whose appointment she serves but shall entitle her to the steno-typist position with said city which becomes vacant for which another with more seniority may be entitled. Section 8. Said amendatory Act of 1972 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. Vacancy in Office of City Councilman. If a vacancy occurs from any cause in the office of a city councilman, the vacancy shall be filled in the following manner: The remaining councilman from the ward in which the vacancy exists shall nominate a person to fill such vacancy for sixty (60) days. The successor councilman shall serve in that capacity until a successor is elected in a special election as hereinafter provided, at which time he and any other qualified person may run to serve the remaining unexpired term of the vacancy to which he succeeded. The City Council of East Point shall, within thirty (30) days from the date such vacancy begins, order a special election to fill such vacancy, and such special election shall be conducted pursuant to the `Georgia Municipal Election Code', approved April 4, 1968 (Ga. L. 1968, p. 885), as now or hereafter amended. The person elected to serve out the unexpired
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term of any vacated council seat shall be sworn and shall take office on the 61st day following the occurrence of the vacancy. If a vacancy occurs for any cause in the office of a councilman during the last two (2) years of the term of such councilman, the appointment made in the preceding manner shall be for the balance of the unexpired term with the successor councilman and any other qualified person able to run for the new term as provided for all other councilmen. Section 9. Said amendatory Act of 1972 is further amended by striking section 35 in its entirety and inserting in lieu thereof a new section 35, to read as follows: Section 35. Personal Financial Interest. Any elected or appointed city officer or employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor supplying the city shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a city officer or employee in the making of such sale or in the making or performance of such contract. Any city officer or employee who has a substantial financial interest in a piece of property requesting rezoning shall disclose such interest. Any city officer or employee who wilfully conceals such a substantial financial interest or willfully violates the requirements of this section shall be guilty of malfeasance in office 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 city manager or the city council. No elected city official shall hold any compensated appointive city office or employment until one year after the expiration of the time for which he was elected to the council. Section 10. Said amendatory Act of 1972 is further amended by striking section 93 in its entirety and inserting in lieu thereof a new section 93, to read as follows:
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Section 93. Qualifications of Recorder. The recorder shall be an attorney at law having been licensed to practice in the State of Georgia for at least five (5) years. He shall have resided in said city for two (2) years next preceding his appointment. Before entering upon the duties of his office, he shall take an oath before some officer authorized to administer oaths that he will truly, faithfully and honestly discharge the duties of his office to the best of his skill and ability without fear, favor, affection, reward or the hope thereof and to do even justice between the city and the accused. This oath shall be entered on the minutes of the city council. The recorder shall hold no other compensated appointive city office or employment until one (1) year after the expiration of the time for which he was appointed to serve as recorder. Section 11. Said amendatory Act of 1972 is further amended by striking section 124 in its entirety and inserting in lieu thereof a new section 124, to read as follows: Section 124. Partisan Elections. All elections for the purpose of electing the mayor and members of the city council shall be partisan and all political parties shall conduct primaries for the purpose of nominating candidates for municipal elections. Section 12. In the event of a vacancy for any reason in the office of the city councilman on the effective date of this Act, the vacancy shall be filled in the following manner: The remaining councilman from the ward in which the vacancy exists shall nominate a person to fill such vacancy for sixty (60) days. The successor councilman shall serve in that capacity until a successor is elected in a special election as hereinafter provided, at which time he and any other qualified person may run to serve the remaining unexpired term of the vacancy to which he succeeded. The City Council of East Point shall, within thirty (30) days from the date such vacancy begins, order a special election to fill such vacancy, and such special election shall be conducted pursuant to the `Georgia Municipal Election Code', approved April 4, 1968 (Ga. L. 1968, p. 885), as now or hereafter amended. The person elected to serve out the unexpired term of any
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vacated council seat shall be sworn and shall take office on the 61st day following the occurrence of the vacancy. Vacancies. Section 13. Nothing in this Act is intended to increase or decrease the geographical area which was embraced within the boundary line of the City of East Point on January 1, 1973. The governing authority of the City of East Point is hereby directed to resolve, by agreement or by any boundary overlap or inaccuracy, where such does or may exist, with the governing authority of each municipality having any portion of its boundary as a common boundary with the City of East Point. Section 14. 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 East Point intends to apply for the passage of local legislation at the 1973 Regular Session of the General Assembly of Georgia, which convenes in January, 1973. The title of the bill or bills to be introduced will be as follows: An Act to amend an Act establishing a new Charter for the City of East Point, approved August 19, 1912 (Ga. L. 1912, p. 862, et seq.), and the several Acts amendatory thereof, and especially the Act approved March 9, 1972 (Ga. L. 1972, p. 2151, et seq.), and for other purposes. This 27th day of November, 1972. City of East Point By: James H. Archer, Jr. City Attorney 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
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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 29th day of November, 1972, and on the 6, 13, 20, 27 days of December, 1972 and Jan. 3, 10, 1973. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 16th day of January, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. (Seal). Approved April 9, 1973. CITY OF WINTERVILLECHARTER AMENDEDPOLICE COURT, PRESIDING OFFICER PROVIDED, ETC. No. 203 (House Bill No. 793). An Act to amend an Act creating a new charter for the City of Winterville (formerly Town of Winterville), approved March 4, 1955 (Ga. L. 1955, p. 2794), so as to empower the mayor and council of said city to elect such person or persons as they deem desirable to preside over the police court established by said city and to impose fines and imprison offenders for breaking the laws and ordinances of said city; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Winterville (formerly Town of Winterville), approved March 4, 1955 (Ga. L. 1955, p. 2794), is hereby amended by striking section 20 in its entirety and inserting in lieu thereof a new section 20 to read as follows:
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Section 20. There shall be a police court established by said city which shall have jurisdiction to try offenses against the laws and ordinances of the municipal government and shall be presided over by the mayor of said city, or the mayor pro tem in the absence or disqualification of the mayor, or such other person or persons as the mayor and council may elect to preside over said police court, such other person's or persons' compensation therefor to be fixed as said mayor and council deem necessary. Section 2. Said Act is further amended by striking section 21 in its entirety and inserting in lieu thereof a new section 21 to read as follows: Section 21. The mayor, mayor pro tem, or such other person elected by the mayor and council as the presiding officer of said police court shall have the power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed two hundred dollars ($200.00), or to imprison offenders for a period of not more than thirty (30) days, or to labor on the public works or the streets of said city for a period of not more than ninety (90) days. He shall have the power to punish for contempt by a fine not to exceed fifty dollars ($50.00) or imprisonment not to exceed thirty (30) days. He shall have the power of a justice of the peace so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force, and to try and to commit the offender to jail in Clarke County, or admit them to bail, for their appearance at the next term of the court of competent jurisdiction to be held in and for said county. Fines. 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.
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Notice of Intention to Seek Local Legislation. Notice is hereby given that The Mayor and Council of the City of Winterville intends to apply to the General Assembly of Georgia at the regular 1973 Session thereof for the passage of a local bill to amend the portion of the charter of The Mayor and Council of the City of Winterville as contained in Ga. Laws 1955, page 2794, et seq., with respect to Police Court; any matter germane to this general subject may be included in such legislation or by amendment thereto; and for other purposes. This 20 day of December, 1972. The Mayor and Council of the City of Winterville Alexander Jarrard Attorneys for the City of Winterville Georgia, Clarke County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, R. W. Chambers, who, being put upon oath, certifies, deposes and swears that he is the publisher of The Daily News; that The 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 Daily News on December 22, and 29, 1972 and on January 5, 1973. /s/ R. W. Chambers Sworn to and subscribed before me, this 23rd day of January, 1973. /s/ Robert Jarrard Notary Public. (Seal). Approved April 9, 1973.
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CITY OF COCHRANCHARTER AMENDEDELECTION BY PLURALITY VOTE PROVIDED. No. 206 (House Bill No. 1159). 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, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3858), so as to provide that candidates who receive a plurality of the votes cast for the office of mayor or alderman shall be nominated or elected to such office; 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, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3858), is hereby amended by striking from section 5A the word majority and substituting in lieu thereof the word plurality, so that when so amended, section 5A shall read as follows: Section 5A. In order to be nominated or elected, a candidate for the office of mayor or alderman must receive a plurality of the votes cast to fill such nomination or office. Plurality vote. Section 2. 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 require a candidate for any elected office of the City of Cochran, Georgia, to receive a plurality vote for election. /s/ Ben Jessup
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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 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County, on the following dates: February 7, 14, 21, 1973. /s/ Ben Jessup Representative, 102nd District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 10, 1973. GWINNETT COUNTYSTATE COURTJURIES TO BE COMPOSED OF SIX MEMBERS, ETC. No. 207 (House Bill No. 1165). An Act to amend an Act establishing the State Court of Gwinnett County (formerly known as the Civil and Criminal Court of Gwinnett County), approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 2839), an Act approved March 7, 1955 (Ga. L. 1955, p. 2833), an Act approved March 29, 1965 (Ga. L. 1965, p. 2810), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2377), so as to provide that the jury, for the trial of all civil and criminal cases tried in the State Court of Gwinnett County, shall be composed of six members; to provide for jury
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panels and the drawing of jurors; to provide for strikes; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Gwinnett County (formerly known as the Civil and Criminal Court of Gwinnett County), approved March 24, 1937 (Ga. L. 1937, p. 1184), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 2839), an Act approved March 7, 1955 (Ga. L. 1955, p. 2833), an Act approved March 29, 1965 (Ga. L. 1965, p. 2810), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2377), is hereby amended by striking from section 13 the following: A panel of 12 shall be required to constitute a jury for the trial of any case in said City Court of Gwinnett. Section 2. Said Act is further amended by inserting, following section 13, a new Section to be designated section 13A, to read as follows: Section 13A. The jury, for the trial of all civil and criminal cases tried in the State Court of Gwinnett County, shall be composed of six members. Said trial jury shall be selected from a panel of 12 jurors. Each side in all civil actions being tried by a jury shall be entitled to three peremptory strikes from such panel of 12, and the remaining six jurors shall serve as the trial jury. In all criminal matters being tried by a jury, the State shall be entitled to two peremptory strikes and the defendant shall be entitled to four peremptory strikes from such panel of 12 jurors, and the remaining six jurors shall serve as the trial jury. Composition. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Take notice that there will be introduced at the 1973 session of the General Assembly of Georgia a Bill to amend the
Page 2603
laws creating the State Court of Gwinnett County; formerly known as Civil and Criminal Court of Gwinnett County; so as to provide for juries composed of six persons; and other purposes. Gib Dean Representative for Gwinnett County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gib Dean 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 Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 12, 19, 26, 1973. /s/ Gib Dean Representative, 60th District Sworn to and subscribed before me, this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 10, 1973. MACONBIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT. No. 208 (House Bill No. 578). An Act to amend an Act known as the Bibb County Water and Sewerage Authority Act, approved March 2, 1966
Page 2604
(Ga. L. 1966, p. 2737), so as to change the name of the Authority; to change the membership of the Authority and provide for elected and appointed members thereof; to provide for terms of office; to provide for the compensation, expenses, duties, powers and authority of members of the Authority; to provide for the filling of vacancies; to provide for bonds; to provide for officers of the Authority; to provide for quorums; to change certain definitions; to provide that the power of eminent domain shall not be exercised by the Authority outside the limits of Bibb County; to delete references to storm water from the provisions of said Act; to grant additional powers to the Authority; to provide for the furnishing of services and the exercise of powers upon compliance with certain restrictions and limitations; to provide that the powers given the Authority shall be cumulative of other powers of municipal corporations and subdivisions; to effect the creation of one entity which may provide for public water, sanitary sewerage and water pollution control; to change certain provisions relative to the maturity of bonds; to change the provisions relative to revenue bonds and the pledge of credit; to provide for the venue of actions against the Authority and for service upon the Authority; to provide for contracts; to provide for the lease or sale of certain facilities and property; to provide for the repeal of certain laws; to provide for other 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 known as the Bibb County Water and Sewerage Authority Act, approved March 2, 1966 (Ga. L. 1966, p. 2737), is hereby amended by striking from section 1 the following: Bibb County, and inserting in lieu thereof the following: Macon-Bibb County,
Page 2605
so that when so amended, section 1 shall read as follows: Section 1. Short Title. This may be cited as the `Macon-Bibb County Water and Sewerage Authority Act'. Section 2. Said Act is further amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. Macon-Bibb County Water and Sewerage Authority. There is hereby created a body corporate and politic, to be known as the Macon-Bibb County Water and Sewerage Authority, which shall be deemed to be 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, except that the Authority or the Trustee acting under any trust indenture shall in no event be liable for any torts committed by its officers, agents or employees. The Authority shall consist of five members, who shall be chosen as hereinafter provided. Three members of the Authority shall be `elected' members, and two members of the Authority shall be `appointed' members. Members. (a) Elected Members. The members of the Board of Water Commissioners in office on March 1, 1973, under the provisions of Section 191 of the Charter of the City of Macon, namely, Gordon Bush, M. L. Leggett and J. Robert Young, or their successors, shall constitute the initial elected members of the Authority. The term of office of each such member shall continue and shall coincide with the term for which each was heretofore elected as a member of the Board of Water Commissioners of the City of Macon. On the third Wednesday of September, 1973, and biennially thereafter, one member of the Authority shall be elected for a term of six years. Any person eligible to vote for members of the General Assembly of Georgia in Bibb County shall be deemed qualified to hold the office of elected member of the Authority; provided that no person shall be eligible to hold office unless at the time of his election, he shall have attained the age of twenty-one years; provided further, that
Page 2606
he shall not remove his residence from Bibb County during his term of office on pain of forfeiture thereof. All elections for members of the Authority shall be conducted by the Macon-Bibb County Board of Elections in accordance with the provisions of Code Title 34, the Georgia Election Code, as the same now exists or may hereafter exist. Should any vacancy occur among the elected members of the Authority with respect to a term having more than 60 days to run, the remaining members of the Authority shall forthwith notify the Ordinary who shall appoint a qualified person to serve until the next general election, at which a successor shall be elected for the unexpired term. The appointee of the Ordinary shall serve until a successor shall have been elected and shall qualify. Any person so elected at such special election shall hold office for the unexpired term for which he was elected. If a vacancy occurs within 60 days from the expiration of the term of the elected member causing the vacancy, no such election shall be held, but the remaining or surviving members of the Authority shall constitute the Authority until the next election. Provided, however, that appointments shall be made in any event and regardless of the time that the vacancy commences if the vacancy of an elected member causes more than one vacancy to exist on said Board. Any person elected to membership on the Authority shall hold office until his successor is elected and qualified. Immediately after election, each elected member of the Authority shall give bond for the faithful performance of his duties in the sum of $10,000.00, payable to the Governor of the State of Georgia and approved by the Ordinary of Bibb County. Each elected member of the Authority shall receive a salary to be fixed by the Authority, payable in monthly installments, not to exceed $4,200.00 per annum. In addition, the elected members of the Authority may be reimbursed for the actual expenses necessarily incurred in the performance of their duties. (b) Appointed Members. There shall be two appointed members of the Authority, one of whom shall be appointed
Page 2607
by the governing authority of the City of Macon and the other shall be appointed by the governing authority of Bibb County. Said appointed members shall serve at the pleasure of the appointing authority, and shall be elected members of the appointing authority. Appointed members shall not be required to give bond, and shall receive no salary, but shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties as members of the Authority. In the event of any future consolidation of the City of Macon and Bibb County, then said combined governments shall appoint two members to said Authority. The Authority shall have full power to organize, adopt rules for its government, provide for the election of a chairman and other officers, and generally to direct the affairs of the Authority. No vacancy on the Authority shall impair the power of the Authority to exercise all of the rights and powers of and perform all of the duties and obligations of the Authority. A majority of the members in office shall constitute a quorum. The Authority shall have perpetual existence; provided, however that nothing herein contained shall preclude the General Assembly of Georgia from amending the Act creating the Authority. Section 3. Said Act is further amended by striking paragraph (a) of section 3 in its entirety and inserting in lieu thereof a new paragraph (a), to read as follows: (a) The word `Authority' shall mean the Macon-Bibb County Water and Sewerage Authority created by section 2 of this Act. Authority defined. Section 4. Said Act is further amended by striking paragraph (b) of section 3 in its entirety and inserting in lieu thereof a new paragraph (b), to read as follows: (b) the word `project' shall be deemed to mean and include the acquisition and construction of systems, plants, works, instrumentalities, and properties: (1) used or useful in connection with the obtaining of a water supply in the conservation, treatment, distribution and sale of water for public and private uses; (2) used or useful in connection
Page 2608
with the collection, treatment and disposal of sewage and like waste water; together with all parts of any such system, plant, work, instrumentality and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewerage disposal plants, intercepting sewers, trunk, connecting and other sewers and water mains, filtration works, pumping stations and equipment. Project defined. Section 5. Said Act is further amended by adding at the end of paragraph (c) of section 4, the following: provided, however, the power of eminent domain shall not be exercised outside the limits of Bibb County;, so that when so amended, paragraph (c) of Section 4 shall read as follows: (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 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, provided, however, the power of eminent domain shall not be exercised outside the limits of Bibb County; Eminent domain.
Page 2609
Section 6. Said Act is further amended by inserting in paragraph (d) of section 4, preceding the words City of Macon, the following: Bibb County, so that when so amended, paragraph (d) shall read as follows: (d) To enter into an agreement with the Bibb County, City of Macon and the Board of Water Commissioners of the said City with respect to acquiring a source of water supply, providing sewerage service, preparing engineering data, plans and specifications for a water and sewerage system, extending water mains, apportioning the costs of constructing, extending and maintaining a water or sewerage system, or both, providing for the testing and inspection of facilities constructed, providing for rates to be charged for water and sewerage services furnished to users of the said system, providing for the reading of meters and keeping of pertinent records, apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system, providing for the ownership of the various facilities constructed or acquired, and providing for such other matters or contingencies as might be necessary or desirable in order to secure for Bibb County a satisfactory and reliable water and sewerage system at the most reasonable cost possible. Powers. Section 7. Said Act is further amended by striking paragraph (e) of section 4 in its entirety and inserting in lieu thereof a new paragraph (e), to read as follows: (e) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys; to fix their respective compensation; and, to provide for pension and retirement plans for these officers, agents and employees including, but not limited to, the transfer to the Authority and maintenance of a pension or retirement plan identical or similar to that heretofore in existence for the officers and employees of the Board of Water Commissioners of the City
Page 2610
of Macon. Provided that any contract for the design of a sewerage system shall contain a provision insuring proper supervision and inspection of the installation of said system, either agreeing with the design engineer to supervise and inspect the installation, or agreeing that the supervision and inspection shall be performed by another engineer not associated with any contractor or subcontractor responsible for installing said system. Personnel. Section 8. Said Act is further amended by redesignating paragraph (1) of section 4 as paragraph (n) and by inserting two new paragraphs, which shall be designated paragraphs (l) and (m), to read as follows: (1) The Authority and any trustee acting under any trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power might be limited as provided in Section 18 hereof. Surplus property. (m) Except as otherwise provided in this Act, the Authority may exercise any of its powers or provide any of its services inside the boundaries of any local government within Bibb County and, when authorized by contract with the governing authority thereof, within the limits of another county. Section 9. Said Act is further amended by adding a new section, following Section 4, to be designated section 4.5, to read as follows: Section 4.5. Additional Powers. Said Authority shall further have full and plenary power to make all rules and regulations for the management and operation of said water and sewerage systems as now existent and as hereafter added to, extended or improved; to fix from time to time, the rates to be charged for water and sewerage service and to classify said rates in a reasonable manner, including, but not limited to the designation of small, intermediate and
Page 2611
large consumers, and industrial, commercial and residential consumers; and to fix from time to time the rates to be charged for sewer services with the right to make reasonable classifications of said rates including, but not limited to, the designation of small, intermediate and large users, and industrial, commercial and residential users and according to biological oxygen demand of sewerage of users. Additionally, and not in limitation of the foregoing, the Authority in fixing water or sewerage rates, either or both, shall be fully authorized and empowered to comply with any State or federal Acts and any lawful regulations adopted pursuant to any such Acts. As a limitation on the power of the Authority, however, if at any time, there are issued and outstanding revenue bonds for the payment of which the revenues of the Authority are pledged, the Authority shall make no decrease in rates for water and sewer service which will in any wise impair the obligations contained in the revenue bonds. Said Authority shall further have the power to promulgate and enforce rules and regulations providing for charges for services rendered in connection with the installation, maintenance and repair of either of said systems and to make reasonable classifications of said systems. The Authority shall further have the power to employ and provide for the compensation of such personnel as shall be necessary in the judgment of the Authority to accomplish the purposes of the Authority. The Authority may require bond of any person handling funds of the Authority. The books of the Authority shall be audited annually by a competent certified public accountant, and an operating statement and a balance sheet showing the affairs of the Authority shall be published quarterly in the official gazette of Bibb County. Said Authority shall further have the power to contract for group life insurance, group accident insurance, group health insurance, group hospitalization insurance and group medical insurance, or any combination thereof and to pay the costs thereof either in whole or in part. The Authority shall further be authorized and empowered to adopt rules and regulations providing for the suspension of service to delinquent customers, and sums due and unpaid to the Authority shall be a lien upon the property of the
Page 2612
customer of the Authority when past due, to the same extent as ad valorem taxes; provided, however, that no such lien shall exist as to third parties until execution therefor shall have been issued by the Authority and placed upon the General Execution Docket of the Superior Court of Bibb County. In the event that sewerage service is discontinued pursuant to this Section the appropriate health authorities shall be immediately notified. Nothing contained in this Act shall be deemed to abrogate or in any wise impair the obligations of any revenue bonds now issued which have water revenues or sewer revenues derived either by the Board of Water Commissioners or by the Bibb County Water and Sewerage Authority pledged as their security, nor shall any provision hereof relieve the Authority from complying with the provisions of law contained in Section 196 of the charter of the City of Macon as the same has been codified and exists on March 1, 1973. Section 10. Said Act is further amended by striking from section 5 the following: shall mature at such time or times not exceeding 30 years from their date or dates,, so that when so amended, section 5 shall read as follows: Section 5. Financing Projects. 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 borrow money for the purpose of paying all or any part of the cost, as herein defined, or any one or more projects and to provide by resolution for the issuance of negotiable revenue bonds for that purpose. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payemnt. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law, as now or hereafter amended, payable semiannually, shall be payable in such medium of payment as to both principal and
Page 2613
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. 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. Same; Credit Not Pledged; Special Power of Contract. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Macon or of Bibb County, nor a pledge of the faith and credit of said City nor said County, but said 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 County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Notwithstanding, however, the City of Macon and Bibb County are hereby authorized to contract with each other and with the Authority for any of the undertakings authorized herein. Such City and County may in connection therewith, jointly or severally, use any funds from any lawful source or from the proceeds of the issue and sale of bonds for such purpose. Section 12. Said Act is further amended by adding at the end of section 20, following the word actions, the following: ; provided, however that the venue of any action against said Authority shall be in the superior court of the county in which the power of the Authority is exercised or services are provided by the Authority if the act giving rise to such action is committed within such county. The Authority may be served by second original in any such action., so that when so amended, section 20 shall read as follows: Section 20. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this
Page 2614
Act or any suit or action against such Authority shall be brought in the Superior Court of Bibb 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; provided, however, that the venue of any action against said Authority shall be in the superior court of the county in which the power of the Authority is exercised or services are provided by the Authority if the act giving rise to such action is committed within such county. The Authority may be served by second original in any such action. Section 13. Said Act is further amended by inserting in section 24, following the words extending and improving such facilities, the following: ; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any persons, firms or corporations, whether public or private, if in the sole judgment of the Authority, such use, lease or sale supports the general purposes of the Authority, so that when so amended, section 24 shall read as follows: Section 24. Purpose of the Authority. Without limiting the generality of any provisions of this Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating adequate water supply, treatment and distribution facilities and sewerage collection, treatment and distribution facilities; making such facilities and the services thereof available to public and private consumers and users located in Bibb County and its environs, including municipalities within and without the said county and to adjoining counties; extending and improving such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any persons, firms or corporations, whether public or private, if in the sole judgment
Page 2615
of the Authority, such use, lease or sale supports the general purposes of the Authority; and, doing all things deemed by the Authority necessary, convenient and desirable for and incident to the efficient and proper development and operation of such type of undertakings. Section 14. Said Act is further amended by striking section 31 in its entirety and inserting in lieu thereof a new section 31, to read as follows: Section 31. Power Cumulative. This Act does not in any way take from Bibb County or the City of Macon, or any other municipality located in Bibb County or in any adjoining county the authority to own, operate and maintain water, sanitary sewerage, and water pollution control facilities, or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia; but the powers herein granted to the Authority shall be in addition to and cumulative of all other powers now or hereafter given to any municipal corporation or political subdivision of this State. Section 15. Said Act is further amended by adding at the end thereof a new section, to be designated section 32, to read as follows: Section 32. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Section 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Ask Local Legislation. Pursuant to the provisions of Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia (informally codified as Section 2-1915, Georgia Code Annotated), notice is hereby given that application will be made to the 1973 Session of the General Assembly of Georgia to
Page 2616
amend an Act approved March 2, 1966, appearing in Ga. L. 1966, Page 2737 et seq, and denominated therein the Bibb County Water and Sewerage Authority Act. The purpose of said legislation will be, alone or in conjunction with other legislation, to amend the aforesaid Act so as to enable all of the duties and responsibilities for the provision of public water and public sanitary sewerage to be consolidated into the Authority created by the aforesaid Act as may be by said legislation revised and reconstituted; and to grant to the Authority created by such Act as so revised or reconstituted such additional powers, duties and responsibilities as to enable the Authority to act as the consolidated public agency for the provision of public water and public sewerage together with all systems, plants, works, instrumentalities and properties used or useful in connection therewith in the entire area of Bibb County both within and without the corporate limits of the City of Macon. Said proposed legislation will also provide for the membership of the Authority and the manner of its selection, as well as any provision germane to the subject of water and sewerage authorities. This 16th day of January, 1973. /s/ E. S. Sell, Jr. County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. Phillip Brown who, on oath, deposes and says that he is Representative from the 89th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: January 20, 27, 1973 and February 3, 1973. /s/ S. Phillip Brown Representative, 89th District
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Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 11, 1973. WHEELER COUNTYCOMMISSIONERCOUNTY CLERKPROVISIONS CHANGED. No. 235 (House Bill No. 29). An Act to amend an Act creating the office of commissioner of Wheeler County, approved August 7, 1924 (Ga. L. 1924, p. 378), as amended particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 2870) so as to change the provisions relative to the county clerk; 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 Wheeler County, approved August 7, 1924 (Ga. L. 1924, p. 378), as amended particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 2870) is hereby amended by striking section 3 of the amendatory Act approved April 5, 1961 (Ga. L. 1961, p. 2870) in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. The said commissioner shall have authority to employ a clerk, to be known as the county clerk, who shall perform such duties and render such services as the commissioner may from time to time prescribe and direct, and the said clerk shall serve at the pleasure of the commissioner or for such term of office as the commissioner may determine and fix. The commissioner may determine
Page 2618
and fix the compensation of said clerk, which compensation shall be paid from the funds of Wheeler County. County clerk. Section 2. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1973 session of the General Assembly of Georgia; a bill to change the compensation of the County Commissioner and the Clerk of the County Commissioner of Wheeler County, Georgia; to repeal conflicting laws; and for other purposes. This 15th day of December, 1972. L. L. Pete Phillips Representative, 103rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: December 22, 29, 1972 January 5, 1973. /s/ L. L. Pete Phillips Representative, 103rd District Sworn to and subscribed before me, this 9th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973.
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WHEELER COUNTYCLERK FOR ORDINARY PROVIDED. No. 236 (House Bill No. 31). An Act to amend an Act providing for the yearly compensation for the Ordinary of Wheeler County, in addition to fees, approved April 5, 1961 (Ga. L. 1961, p. 3027) so as to provide for a clerk for said 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 yearly compensation for the Ordinary of Wheeler County, in addition to fees, approved April 5, 1961 (Ga. L. 1961, p. 3027) is hereby amended by redesignating section 2 as Section 3 and by adding a new section 2 to read as follows: Section 2. The Ordinary of Wheeler County shall be authorized to employ a clerk and fix the compensation of said clerk at not to exceed $200.00 per month. The compensation of said clerk shall be paid from the funds of Wheeler County. 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 1973 session of the General Assembly of Georgia, a bill to change the compensation of the Clerk or Secretary in the Office of Ordinary of Wheeler County, Georgia; to repeal conflicting laws and for other purposes. This 15th day of December, 1972. L. L. Pete Phillips Representative, 103rd District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: December 22, 1972, December 29, 1972, January 5, 1973. /s/ L. L. Pete Phillips Representative, 103rd District Sworn to and subscribed before me, this 9th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973. CERTAIN COUNTIES MAY REQUIRE FILING OF HOTEL AND MOTEL RATES, ETC. (145,000-165,000). No. 249 (House Bill No. 171). An Act to authorize the governing authority 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 or any future such census, to require the filing of hotel and motel rate schedules with the clerks of the superior courts of the counties wherein the hotels or motels are located; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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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 United States decennial census of 1970 or any future such census: (a) The governing authority of such counties shall be authorized to require the annual filing of rate schedules for any room or rooms, lodgings or accommodations furnished by any hotel, motel or public lodging establishment which are regularly furnished for a consideration with the clerk of the superior court of the county wherein the hotel, motel or public lodging establishment is located. For these purposes, the clerk of the superior court shall keep a public lodging index, and such index shall be a matter of public record. (b) The rates of the rooms or apartments must coincide with those on file with the clerk of the superior court of the county in the public accommodations index. No rate shall be increased by more than twenty-five percent (25%) of the average room rate for a 30-day period immediately preceding the time during which any major professional golf tournament is scheduled. (c) For the purposes of this Act, a hotel, motel, or public lodging establishment shall be defined as any premises divided into rooms or apartments designed to serve either permanent or transient guests for daily, weekly or monthly occupancy, in which all or a substantial part of the furnishings are supplied by the owner. The provisions of this Act shall not apply to owner-occupied buildings having fewer than three (3) units, nor to duplexes or apartments rented on a bimonthly or monthly basis. (d) It shall be a misdemeanor to charge more than the rates filed with the clerk of the superior court of the county and, upon conviction, shall be punished by a fine of not less than two hundred and fifty dollars ($250.00) or more than five hundred dollars ($500.00).
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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, 1973. ACT AUTHORIZING IMPOUNDMENT OF VEHICLES ILLEGALLY PARKED AMENDED. (400,000 OR MORE). No. 255 (House Bill No. 317). An Act to amend an Act approved February 27, 1962 (Ga. L. 1962, p. 146) which authorized impounding of vehicles illegally parked on private property, as amended by an Act approved March 15, 1968 (Ga. L. 1968, p. 321), so as to prohibit, in certain cities, impounding from property used in certain ways under certain circumstances; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 1 of an Act approved February 27, 1962 (Ga. L. 1962, p. 146), as amended by an Act approved March 15, 1968 (Ga. L. 1968, p. 321), is hereby amended by adding the following to the first sentence thereof: , except that in all cities having a population of 400,000 or more according to the 1970 or any future United States Decennial Census and whenever such parcel or space of real property is devoted to any use other than as an off-street interior parking facility which contains assigned parking spaces reserved for occupants of a building or structure served by such facility or occupied residential property, such removal right shall not be exercised after the regular activity on such property is concluded for the day unless access to such property from public ways is blocked by a
Page 2623
sturdy chain, cable or rope stretched at least 18[Prime] above grade across all driveways or other ways providing access thereto. so that, when amended, such Section 1 shall read: Section 1. Any person entitled to the possession of any parcel or space of real property shall have the right to remove, or cause to be removed, therefrom any vehicle parked thereon not authorized to be parked at the place where it is found and to store, or cause to be stored, such vehicle at the expense of the owner thereof, provided that there shall have been conspicuously posted on said real property notice that any vehicle parked thereon not authorized to be parked at the place where it is found may be removed at the expense of the owner of such vehicle and information as to where such vehicle can be recovered, except that in all cities having a population of 400,000 or more according to the 1970 or any future United States Decennial Census and whenever such parcel or space of real property is devoted to any use other than as an off-street interior parking facility which contains assigned parking spaces reserved for occupants of a building or structure served by such facility or occupied residential property, such removal right shall not be exercised after the regular activity on such property is concluded for the day unless access to such property from publice ways is blocked by a sturdy chain, cable or rope stretched at least 18[Prime] above grade across all driveways or other ways providing access thereto. The person removing and storing such vehicle shall have a lien against same for the expenses of such removal and storage. Such lien may be asserted and enforced and shall be entitled to the same priorities as that of special liens or personalty authorized by section 67-2003 of the Code of Georgia, as amended. 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, 1973.
Page 2624
CERTAIN TAX COMMISSIONERS AUTHORIZED TO RETAIN PORTION OF VEHICLE LICENSE AND TAG FEE, ETC. (10,000-10,200). No. 264 (House Bill No. 373). An Act to allow the tax commissioner in certain counties to retain as compensation a part of the fee collected for the sale of a motor vehicle license and tag and to retain as compensation part of the fee collected for the transfer of a motor vehicle license and tag; 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 tax commissioner of each county having a population of not less than 10,000 and not more than 10,200, according to the United States Decennial Census of 1970 or any such future census, shall be entitled to retain as compensation that part of the fee collected for the sale of a motor vehicle license and tag presently turned in to the county treasury on a monthly basis to be made a part of the general funds and to retain as compensation that part of the fee collected for the transfer of a motor vehicle license and tag, which part is presently turned in to the county treasury on a monthly basis to be made a part of the general funds. Section 2. The provisions of this Act shall apply to the sale or transfer of a motor vehicle license and tag occurring after January 1, 1973. 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 13, 1973.
Page 2625
CANDLER COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 269 (House Bill No. 422). An Act to amend an Act providing a salary for the sheriff of Candler County in lieu of the fee system of compensation, approved March 11, 1965 (Ga. L. 1965, p. 2301) so as to change the provisions relative to the compensation of the sheriff, the sheriff's deputies, supplies and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act providing a salary for the sheriff of Candler County in lieu of the fee system of compensation, approved March 11, 1965 (Ga. L. 1965, p. 2301), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The Sheriff shall receive an annual salary of not less than $10,000.00 nor more than $12,000.00, the exact amount of such salary within said limits to be fixed by the governing authority of Candler County and to be paid in equal monthly installments from the funds of Candler County. Sheriff. Section 2. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The governing authority of Candler County shall be required to make available for the purpose of compensating such personnel not less than $600.00 nor more than $700.00 per month, the exact amount within said limits to be fixed by said governing authority. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name
Page 2626
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 3. Said Act is further amended by striking section 6 in its entirety and substituting in lieu thereof a new section 6 to read as follows: Section 6. The governing authority of Candler Conuty shall furnish the sheriff one police equipped automobile to be used by him in carrying out his official duties. Said governing authority shall also provide the maintenance and operating expenses for said automobile. The funds for the purchase of said automobile and for the maintenance and operating expenses thereof shall be paid from the funds of Candler County. Automobile. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act providing a salary for the Sheriff of Candler County in lieu of the fee system of compensation, approved March 11, 1965 (Ga. L. 1965, p. 2301) so as to change the provisions relative to the compensation of the Sheriff, the Sheriff's deputies, supplies and equipment; and for other purposes. This 18th day of December, 1972. Hines L. Brantley Representative, 92nd District
Page 2627
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 92nd 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: December 21, 28, 1972 and January 4, 1973. /s/ Hines L. Brantley Representative, 92nd District Sworn to and subscribed before me, this 17th day of January, 1973. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 11, 1976. (Seal). Approved April 13, 1973. CANDLER COUNTYCOMPENSATION OF MEMBERS OF BOARD OF COMMISSIONERS CHANGED, ETC. No. 270 (House Bill No. 423). An Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, so as to change the provisions relative to the compensation of the chairman and members of said Board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 2628
Section 1. An Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), 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. The compensation of the members of said Board of Commissioners, other than the chairman, shall be $100.00 per month and shall be paid from the funds of the County. Members. Section 2. Said Act is further amended by striking section 13 in its entirety and substituting in lieu thereof a new section 13 to read as follows: Section 13. The chairman of the Board of Commissioners of Candler County shall be compensated in the amount of $300.00 per month payable from the funds of Candler County. Chairman. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430) as amended so as to change the provisions relative to the compensation of the Chairman and members of said Board; and for other purposes. This 18th day of December, 1972. Hines L. Brantley Representative, 92nd District
Page 2629
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 92nd 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: December 21, 28, 1972 and January 4, 1973. /s/ Hines L. Brantley Representative, 92nd District Sworn to and subscribed before me, this 17th day of January, 1973. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 11, 1976. (Seal). Approved April 13, 1973. ACT AMENDED AUTHORIZING CERTAIN MUNICIPALITIES TO ADOPT ZONING MAPS SHOWING STREETS, ETC.EXTENSION OF TIME FOR ACQUIRING SUCH STREETS, ETC., MADE, ETC. No. 274 (House Bill No. 446). An Act to amend section 9(b) (3) of an Act approved March 7, 1957 (Ga. L. 1957, pp. 2643, 2647), which empowers certain counties and certain cities and towns located therein, which have zoning authority, to adopt maps showing existing street rights of way and any proposed widening, removal, extension, relocation, narrowing, vacation or abandonment and to restrict the use of land within such proposed or existing rights of way and for other purposes
Page 2630
so as to increase from one hundred (100) days to one hundred eighty (180) days the time period within which such counties, cities or towns must acquire land needed for such proposals or permit sale of affected land free and clear of the use of restriction imposed thereon pursuant to such street maps; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be and it is hereby enacted by the General Assembly of Georgia: Section 1. Section 9(b) (3) of an Act approved March 7, 1957 (Ga. L. 1957, pp. 2643, 2647), is hereby amended to strike from line six (6) the words one hundred days and insert the words one hundred eighty days in lieu thereof so that, when amended, such Section 9(b) (3) shall read: Where the owner or other person having an interest in such property seeks by his appeal the right of sale free from the requirements of said mapped streets plan, or any ordinance, resolution or regulation incident thereto, to order the governing authority of the county or municipality, within one hundred eighty days or less, to either (a) institute condemnation proceedings or make a bona fide offer to acquire the property, or (b) permit the sale of the appellant's property free and clear of the restrictions imposed by the adoption and recording of the mapped streets plan and plat, but subject, however, to any other valid and applicable zoning restrictions. 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, 1973.
Page 2631
WHEELER COUNTYCOMPENSATION OF COUNTY TREASURER CHANGED. No. 278 (House Bill No. 490). An Act to amend an Act relating to the creation of the office of tax commissioner, tax receiver and county treasurer of Wheeler County, approved July 19, 1927 (Ga. L. 1927, p. 731), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3022), so as to change the provisions relative to the compensation of the county treasurer of Wheeler 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 relating to the creation of the office of tax commissioner, tax receiver and county treasurer of Wheeler County, approved July 19, 1927 (Ga. L. 1927, p. 731), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3022), is hereby amended by striking in its entirety the last sentence of section 10 which reads as follows: The county treasurer shall receive a salary of one hundred ($100.00) dollars per month for his services which shall be paid monthly upon the warrant drawn by said commissioner of roads and revenue of said county and said commissioner shall furnish the treasurer's office with well bound books and all other equipment, furniture and fixtures that may be necessary in the proper administration of said office., and inserting in lieu thereof a new section between sections 10 and 11 to be designated section 10A to read as follows: Section 10A. The county treasurer shall receive a salary of $150.00 per month for his services which shall be paid monthly from the funds of Wheeler County. The County Commissioner shall furnish the treasurer's office with well bound books and all other equipment, furniture and fixtures that may be necessary for the proper administration of said office. Salary.
Page 2632
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 1973 session of the General Assembly of Georgia, a bill to change the compensation of the Treasury Office of Wheeler County, Georgia; to repeal conflicting laws and for other purposes. This 15th day of December, 1972. L. L. Pete Phillips Representative, 103rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: December 29, 1972 and January 5, 12, 1973. /s/ L. L. Pete Phillips Representative, 103rd District Sworn to and subscribed before me, this 26th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973.
Page 2633
BURKE COUNTYCOMPENSATION OF SHERIFF CHANGED. No. 280 (House Bill No. 519). 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), an Act approved March 4, 1969 (Ga. L. 1969, p. 2167), and an Act approved March 30, 1971 (Ga. L. 1971, p. 2458), so as to change the compensation of the sheriff of Burke County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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), an Act approved March 4, 1969 (Ga. L. 1969, p. 2167), and an Act approved March 30, 1971 (Ga. L. 1971, p. 2458), is hereby amended by striking from section 2, the following: $12,500.00, and substituting in lieu thereof, the following: $15,000.00, so that when so amended, section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of $15,000.00, payable in equal monthly installments from the funds of Burke 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.
Page 2634
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 1973 Session of the General Assembly of Georgia, a bill to change the compensation of the sheriff of Burke County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 15th day of January, 1973. Preston B. Lewis, Jr. Representative, 77th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston Lewis who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County, on the following dates: January 17, 24, 31, 1973. /s/ Preston Lewis Representative, 77th District Sworn to and subscribed before me, this 5th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973.
Page 2635
CERTAIN SMALL CLAIMS COURTSJURISDICTION CHANGED. (12,800-12,950). No. 288 (House Bill No. 642). An Act to amend an Act creating a Small Claims Court in certain counties of this State, approved March 2, 1966 (Ga. L. 1966, p. 2838), as amended, by an Act approved March 20, 1972 (Ga. L. 1972, p. 2327) so as to change the provisions relative to the jurisdiction of said court and certain fees; 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 of this State, approved March 2, 1966 (Ga. L. 1966, p. 2838), as amended, by an Act approved March 20, 1972 (Ga. L. 1972, p. 2327) is hereby amended by striking from section 1 the following: four hundred dollars ($400.00), and inserting in lieu thereof the following: seven hundred and fifty dollars ($750.00), so that when so amended section 1 shall read as follows: Section 1. There is hereby created and established in each county in this State having a population of not less than 12,800 and not more than 12,950 according to the U. S. Decennial Census of 1970 or any future such census, 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 exceed seven hundred and fifty dollars ($750.00); said jurisdiction 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. Jurisdiction.
Page 2636
Section 2. Said Act is further amended by striking from section 22 the following: three ($3.00), and inserting in lieu thereof the following: four ($4.00), so that when so amended section 22 shall read as follows: Section 22. 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 four ($4.00) dollars. Fees. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. WASHINGTON COUNTYSTATE COURTSALARIES OF JUDGE AND SOLICITOR CHANGED. No. 289 (House Bill No. 658). An Act to amend an Act creating the State Court of Washington County, approved October 31, 1901 (Ga. L. 1901, p. 164), as amended, so as to change the salaries 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 the State Court of Washington County, approved October 31, 1901 (Ga. L. 1901, p. 164),
Page 2637
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. There shall be a judge of the State Court of Washington County, whose election, term of office, and qualifications shall be and remain as now fixed by law, who shall receive a salary of not less than $3,600 per annum or not more than $7,200 per annum which shall be paid to him monthly by the county commissioners of the County of Washington, or other proper authorities having charge of the funds of said County of Washington, and it shall become the duty of the commissioners of said county, or other proper officers, to make provision annually, in levying and collecting taxes, for the assessment and collection of money to pay the salary of the said judge. The judge shall receive no other compensation, but may practice law except in his own court. Judge. Section 2. Said Act is further amended by striking section 4 in its entirety, and inserting in lieu thereof a new section 4, to read as follows: There shall be a solicitor of said State Court, who shall be elected at the same time and in the same manner as the judge of the said State Court, whose term of office shall be for four years, and whose duty it shall be to prosecute all offenses cognizable before said State Court. Provided, however, said solicitor shall not be required to perform the duties of the county attorney. Said solicitor must be at least twenty-one years of age, and a resident of Washington County for two years, and a practicing attorney. All vacancies in said office shall be filled in the same manner as prescribed by this Act for filling vacancies in the office of judge. The said solicitor shall receive a salary of not less than $3,600 per annum or more than $7,200 per annum, to be paid monthly on the first of each month by the Treasurer of the County of Washington; the salary of said solicitor to be paid from sums arising from the fines and forfeitures in said State Court of Washington County; whenever there is a sufficient amount of the same in the hands of said treasurer. Should there at any time, when said solicitor's salary becomes due, not be in the hands of the said treasurer enough
Page 2638
of said funds to pay said salary, then the balance lacking after the funds arising from the fines and forfeitures of said court have been exhausted, shall be made up and paid out of any other funds belonging to the county in the hands of said treasurer, until the full amount of said salary, monthly, is paid. Said solicitor shall receive no other compensation except his Supreme Court fees, as provided for in the fifth section of said Act, to be paid by the State. In the absence of disqualification of said solicitor the State Court Judge shall appoint a solicitor pro tem., who shall receive for his services in every case in which there is a conviction, or plea of guilty which is founded upon an indictment of the grand jury, a fee of five dollars, and in each case founded upon an accusation in which there is a conviction, a fee of ten dollars; provided, the solicitor pro tem. shall not be paid more than twenty dollars for any one term of said court. Solicitor. Section 3. This Act shall become effective on April 1, 1973. Effective date. Section 4. 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, with the concurrence with the Board of Commissioners of Washington County, Georgia, introduce a bill in the 1973 General Assembly of Georgia to amend the Act creating the State Court of Washington County so as to increase the salary of the Judge and Solicitor. This 15th day of December, 1972. T. C. Carr Representative from Washington Co. Georgia, Washington County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David L. Wickersham
Page 2639
who, on oath deposes and says that he is an officer of the Sandersville Georgian, Inc. 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: December 21 and 28 and January 4. /s/ David L. Wickersham Sworn to and subscribed before me, this 13th day of January, 1973. /s/ Thomas Hutcheson Notary Public, Washington County, Georgia. My Commission Expires May 20, 1973. (Seal). Approved April 13, 1973. WASHINGTON COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 290 (House Bill No. 659). An Act to amend an Act placing the sheriff of Washington County upon an annual salary, approved March 12, 1965 (Ga. L. 1965, p. 2395), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3395), and an Act approved March 21, 1970 (Ga. L. 1970, p. 3348), so as to change the compensation of the sheriff, the chief deputy, the four regular deputies and the secretary to 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 Washington County upon an annual salary, approved March 12, 1965 (Ga. L. 1965, p. 2395), as amended, particularly by an Act approved April 9, 1968 (Ga. L. 1968, p. 3395), and an Act
Page 2640
approved March 21, 1970 (Ga. L. 1970, p. 3348), is hereby amended by striking from section 2 the following: $10,400.00., and inserting in lieu thereof the following: $11,000.00., so that when so amended section 2 shall read as follows: Section 2. The Sheriff of Washington County shall receive an annual salary in the amount of $11,000.00. The sheriff shall be paid in equal monthly installments from the funds of Washington County. It is specifically stipulated that the annual salary provided herein for the sheriff shall be in lieu of all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, 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 of Sandersville. Sheriff. 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. Notwithstanding the provisions of section 4, the sheriff of Washington County shall be authorized to appoint one chief deputy, four other full-time deputies, a secretary and a dispatcher. The chief deputy shall be compensated in the amount of $7,200.00 per annum. Each of the four regular deputies shall be compensated in the amount of $6,500 per annum. The dispatcher shall be compensated in the amount of $3,000.00 per annum. The secretary of the sheriff shall be compensated in the amount of $6,000.00 per annum. The chief deputy, the four full-time deputies, the dispatcher and the secretary shall be paid in equal monthly installments from the funds of Washington 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 full-time deputies, dispatcher and secretary and to prescribe their duties and assignments
Page 2641
and to remove or replace any of such employees at will. Two deputies shall be assigned to night patrol. Personnel. 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 Apply for Passage of a Local Bill. Notice is hereby given that I will, with the concurrence with the Board of Commissioners of Washington County, Georgia introduce a bill in the 1973 General Assembly of Georgia to amend the Act creating the Sheriff's Office and Clerk of Court of Washington County so as to increase the compensations in the Sheriff's Department and Clerk of Court. /s/ T. C. Carr Representative, Washington County Georgia, Washington County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David L. Wickersham, who, on oath deposes and says that he is an officer of the Sandersville Georgian, Inc. the Publisher of the Sandersville Progress and that the attached copy of Notice of Intention To Apply For Passage Of A Local Bill was published in the Sandersville Progress which is the official organ of said county, on the following dates: January 18 and 25 and February 1, 1973. /s/ David L. Wickersham Sworn to and subscribed before me, this 7th day of February, 1973. /s/ Helen D. Padgett Notary Public, Washington County, Georgia My Commission Expires April 25, 1973. Approved April 13, 1973.
Page 2642
WASHINGTON COUNTYCOMPENSATION OF SUPERIOR COURT CLERK CHANGED. No. 291 (House Bill No. 660). 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, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2808), and an Act approved March 30, 1972 (Ga. L. 1972, p. 2462), so as to change the compensation of the clerk of the superior court of Washington 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 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, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2808), and an Act approved March 30, 1972 (Ga. L. 1972, p. 2462), is hereby amended by striking from section 2 the following: $18,500.00, and substituting in lieu thereof the following: $20,500.00, 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 $20,500.00, 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
Page 2643
allowed him as compensation for services in any capacity. Clerk. 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 Passage of a Local Bill. Notice is hereby given that I will, with the concurrence with the Board of Commissioners of Washington County, Georgia introduce a bill in the 1973 General Assembly of Georgia to amend the Act creating the Sheriff's Office and Clerk of Court of Washington County so as to increase the compensations in the Sheriff's Department and Clerk of Court. /s/ T. C. Carr Representative, Washington County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom C. Carr who, on oath, deposes and says that he is Representative from the 90th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County, on the following dates: January 18, 25, February 1, 1973. /s/ Tom C. Carr Representative, 90th District
Page 2644
Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973. CERTAIN COUNTIESCOMPENSATION OF COMMISSIONER OF ROADS ACT REPEALED. No. 296 (House Bill No. 716). An Act to repeal an Act fixing the compensation of the commissioner of roads and revenues of certain counties of this State, approved March 21, 1968 (Ga. L. 1968, p. 2659); to provide 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 commissioner of roads and revenues of certain counties of this State, approved March 21, 1968 (Ga. L. 1968, p. 2659), 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. Approved April 13, 1973.
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CERTAIN COUNTIESCOMPENSATION OF TREASURERSACT REPEALED. No. 297 (House Bill No. 717). An Act to repeal an Act fixing the compensation of the county treasurer of certain counties of this State, approved February 28, 1966 (Ga. L. 1966, p. 2530); to provide 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 county treasurer of certain counties of this State, approved February 28, 1966 (Ga. L. 1966, p. 2530), 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. Approved April 13, 1973. CERTAIN COUNTIESCOMPENSATION OF TAX COMMISSIONERSACT REPEALED. No. 298 (House Bill No. 718). An Act to repeal an Act increasing the compensation of tax commissioners of certain counties, approved March 4, 1964 (Ga. L. 1964, p. 2485); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 2646
Section 1. An Act increasing the compensation of tax commissioners of certain counties, approved March 4, 1964 (Ga. L. 1964, p. 2485), 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. Approved April 13, 1973. CERTAIN COUNTIESCOMPENSATION OF ORDINARIESACT REPEALED. No. 299 (House Bill No. 719). An Act to repeal an Act placing the ordinaries of certain counties on a salary system in lieu of the fee system, approved March 2, 1966 (Ga. L. 1966, p. 2736), as amended by an Act approved April 6, 1967 (Ga. L. 1967, p. 2862); to provide 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 ordinaries of certain counties on a salary system in lieu of the fee system, approved March 2, 1966 (Ga. L. 1966, p. 2736), as amended by an Act approved April 6, 1967 (Ga. L. 1967, p. 2852), 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. Approved April 13, 1973.
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WEBSTER COUNTYCOMPENSATION OF TREASURER CHANGED. No. 300 (House Bill No. 758). An Act to amend an Act creating the office of county treasurer for the County of Webster, approved July 28, 1921 (Ga. L. 1921, p. 588), as amended, so as to change the compensation of the treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of county treasurer for the County of Webster, approved July 28, 1921 (Ga. L. 1921, p. 588), 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. The county treasurer shall take a bond in a security or bond company, and the premiums on such bond shall be paid by the board of commissioners of Webster County. The county treasurer shall receive a salary of $1,320.00 per annum for his services, which shall be paid in equal monthly installments from the funds of Webster County upon a warrant drawn by the governing authority of the county. The governing authority of the county shall furnish the treasurer's office with well-bound books and all other things and fixtures that may be necessary in the proper conduct of said office. 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.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act creating the office of County Treasurer for the County of Webster, approved July 28, 1921 (Ga. L. 1921, p. 588), as amended, so as to change the compensation of the treasurer; to repeal conflicting laws; and for other purposes. This 26th day of January, 1973. /s/ Don Castleberry Representative, 96th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he is Representative from the 96th 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: February 1, 8, 15, 1973. /s/ Don Castleberry Representative, 96th District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973.
Page 2649
WEBSTER COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED. No. 301 (House Bill No. 759). An Act to amend an Act creating the office of county tax commissioner of Webster County, approved August 8, 1931 (Ga. L. 1931, p. 610), as amended, 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 county tax commissioner of Webster County, approved August 8, 1931 (Ga. L. 1931, p. 610), as amended, 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. The tax commissioner of Webster County shall receive a salary of $3,300.00 per annum, to be paid in equal monthly installments from the funds of Webster 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 the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act creating the office of County Tax Commissioner of Webster County, approved August 8, 1931 (Ga. L. 1931, p. 610), as amended, so as to change the compensation
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of the Tax Commissioner; to repeal conflicting laws; and for other purposes. This 26th day of January, 1973. /s/ Don Castleberry Representative, 96th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he is Representative from the 96th 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: February 1, 8, 15, 1973. /s/ Don Castleberry Representative, 96th District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973. WEBSTER COUNTYORDINARY PLACED ON SALARY. No. 302 (House Bill No. 760). An Act to abolish the present mode of compensating the Ordinary of Webster County, known as the fee system;
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to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the Ordinary of Webster 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 $2,640.00, 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. Fees. Section 4. The necessary operating expenses of the Ordinary's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably
Page 2652
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 Webster County. Expenses. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to place the Ordinary of Webster County on an annual salary in lieu of the fee system of compensation; to repeal conflicting laws; and for other purposes. This 26th day of January, 1973. /s/ Don Castleberry Representative, 96th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he is Representative from the 96th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
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Stewart-Webster Journal which is the official organ of Webster County, on the following dates: February 1, 8, 15, 1973. /s/ Don Castleberry Representative, 96th District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973. WEBSTER COUNTYCOMPENSATION OF COMMISSIONER CHANGED, ETC. No. 303 (House Bill No. 761). 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 March 1, 1933 (Ga. L. 1933, p. 752), an Act approved April 12, 1963 (Ga. L. 1963, p. 3513), and an Act approved March 30, 1971 (Ga. L. 1971, p. 2581), so as to change the compensation of the Commissioner of Webster County; to provide for expenses; to change the compensation of the clerk of the Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Webster County, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, particularly by an Act approved March 1, 1933 (Ga. L. 1933, p. 752), an Act approved April 12,
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1963 (Ga. L. 1963, p. 3513), and an Act approved March 30, 1971 (Ga. L. 1971, p. 2581), is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9 to read as follows: Section 9. The Commissioner of Webster County shall be compensated in the amount of $5,800 per annum to be paid in equal monthly installments from the funds of Webster County. In addition to the compensation provided above, the Commissioner will receive from the funds of the County an expense allowance of $60 per month and up to $40 per month for actual expenses incurred while on County business outside Webster County. Salary. Section 2. Said Act is further amended by striking section 9A, as enacted by the 1963 amendatory Act approved April 12, 1963 (Ga. L. 1963, p. 3513), which reads as follows: Section 9A. The Commissioner of Roads and Revenues of Webster County shall receive the sum of $60 per month as an expense allowance which shall be in addition to all other compensation and allowances now authorized by law. Said sum shall be paid each month from the funds of Webster County. Expenses. Section 3. Said Act is further amended by striking from section 9A, as enacted by the 1971 amendatory Act approved March 30, 1971 (Ga. L. 1971, p. 2581), the following: one hundred, twenty-five ($125.00) dollars, and inserting in lieu thereof the following: $165.00, so that when so amended section 9A shall read as follows: Section 9A. Said commissioner shall employ a clerk whose compensation shall be $165.00 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
Page 2655
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. Clerk. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Commissioner of Webster County, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, so as to change the compensation of the commissioner; to change the compensation of the clerk of the commissioner; to repeal conflicting laws; and for other purposes. This 26th day of January, 1973. /s/ Don Castleberry Representative, 96th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he is Representative from the 96th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
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Stewart-Webster Journal which is the official organ of Webster County, on the following dates: February 1, 8, 15, 1973. /s/ Don Castleberry Representative, 96th District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973. BURKE COUNTY HOSPITAL AUTHORITYAPPOINTMENT OF SUCCESSOR MEMBERS PROVIDED. No. 308 (House Bill No. 765). An Act to provide for the method of appointing successors to the present members of the Burke County Hospital Authority; 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. As the terms of office of the present three members of the Burke County Hospital Authority, which were selected from recommendations submitted by the Mayor and Council of the City of Waynesboro, shall expire, their successors shall be appointed to the Authority by the Mayor and Council of the City of Waynesboro. As the terms of office of the present six members of the Burke County Hospital Authority, which were selected from recommendations submitted by the Board of Commissioners of Burke County, shall expire, their successors shall be appointed to the Authority by the Board of Commissioners of Burke County.
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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 1973 session of the General Assembly of Georgia, a bill to change the method of appointment of members to the Burke County Hospital Authority; and for other purposes. This 23rd day of January, 1973. /s/ Preston B. Lewis, Jr. Representative, 37th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston B. Lewis, Jr. who, on oath, deposes and says that he is Representative from the 77th 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 31, February 7, 14, 1973. /s/ Preston B. Lewis, Jr. Representative, 77th District Sworn to and subscribed before me, this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973.
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BOARD OF ELECTIONS FOR CERTAIN COUNTIES PROVIDED (66,000-73,000). No. 309 (House Bill No. 777). An Act to provide for a board of elections in certain counties; to define its powers and duties concerning primaries and elections; to provide a method for appointment, resignation and removal of its members; to provide for an ex officio member; to provide for the qualifications and terms of its members; to provide for a chairman, clerical assistance and other employees; to provide for compensation for such persons and 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. There is hereby created in each county of this State having a population of not less than 66,000 and not more than 73,000 according to the 1970 United States decennial census, or any such future census, a board of elections which shall have jurisdiction over the conduct of primaries and elections in such counties. Creation. Section 2. The board of elections in such counties shall be composed of five members, each of whom shall be an elector and resident of the county, and who shall be selected in the following manner: Members. (a) One member shall be appointed by the chairman of the county executive committee of the political party whose candidates, at the last preceding general election, received the largest number of votes in this State for members of the General Assembly, and one member shall be appointed by the chairman of the county executive committee of the political party whose candidates at such election received the next largest number of such votes and two members shall be appointed by the governing authority of the county; provided, however, each of the appointments made by the respective executive committee chairmen shall have been ratified by a majority of the members of each of such respective
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executive committees voting at a meeting duly called and held for such pruposes; provided, further, that in the event such appointments are not ratified by a majority of the members of such executive committees at least sixty (60) days preceding the date on which such members are to take office, then the members of the respective executive committees may elect such members by a two-thirds majority of the membership of such executive committees; provided, further, that in the event the members of said executive committees fail to elect such members at least thirty (30) days preceding the date on which such members are to take office, then such members shall be appointed in accordance with the provisions of Section 4 of this Act. (b) One member shall be the chief registrar of the county, who shall be designated chairman of the board of elections. Section 3. 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 4. The appointment or election of each appointed or elected member shall be made by the respective appointing or electing authority filing an affidavit with the Clerk of the Superior Court, no later than thirty (30) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act. The Clerk of the Superior Court shall record each of such certifications on the minutes of the Court and shall certify the name of each such appointed or elected member and the name and the ex officio member to the Secretary of State and provided for the issuance of appropriate commissions to the members and chairman, within the same time and in the same manner as provided by law for registrars. In the event any appointing or electing authority fails (1) to make a regular appointment or election within the times specified in this section and in section 2(a), or (2) to make an interim appointment
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or election to fill a vacancy within ninety days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of such county. Affidavit. Section 5. Each appointed or elected member of the board shall (1) serve for a term of four years and until his successor is appointed or elected and qualified, except in the event of resignation or removal as hereinafter provided, (2) be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the respective appointing or electing authority and to the Clerk of the Superior Court, and (3) shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as provided for removal of registrars. Terms. Section 6. In the event a vacancy occurs in the office of any appointed or elected member before the expiration of his term, by removal, death or resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve the remainder of the unexpired term. In the event a vacancy occurs in the office of the ex officio member by reason of the death of such member or his removal or resignation as chief registrar, his office on the board of elections shall be filled by the person succeeding to the office of chief registrar. The Clerk of the Superior Court shall be notified of interim appointments or elections and changes in the office of the ex officio member and record and certify such appointments or elections and changes in the same manner as the regular appointment or election of members and designation of the ex officio member. Vacancies. Section 7. The first members of the board under this Act shall take office on July 1, 1973. Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 8. Each board of elections shall: (a) With regard to the preparation for conduct and administration of elections,
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succeed to and exercise all duties and powers granted to and incumbent upon the Ordinary pursuant to Title 34 of the Ga. Code of 1933, as now or hereafter amended, and/or any other provision of law. Duties. (b) With regard to preparation for and conduct of primaries: (1) succeed to all the duties and powers granted to and incumbent upon the Ordinary by Title 34 of the Ga. Code of 1933, as now or hereafter amended, and (2) formulate, adopt and promulgate rules and regulations of the State Executive Committee of each political party, governing the conduct of primaries, to the end that, insofar as practicable, all primaries shall be uniformly conducted by the county executive committee of each political party, poll workers properly trained and voters adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code section 34-902(c), as amended, with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board of elections. Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. Section 9. The board shall be responsible for the selection, appointment and training of poll workers in elections, and such workers shall be appointed, insofar as practicable, from lists provided the board by the county executive committee of each political party. Poll workers. Section 10. With the consent of the governing authority, the board of elections shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets and other material designed to adequately inform and instruct electors of the county with regard to elections. Public Funds.
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Section 11. Upon the effective date of this Act, the Ordinary shall be relieved from all powers and duties to which the board of elections succeeds by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, supplies, materials, books, papers, records and facilities of every kind pertaining to such powers and duties. Section 12. The chairman of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The board of elections shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. Chairman. Section 13. Compensation for the chairman of the board of elections, clerical assistants and other employees shall be such as may be fixed by the governing authority. Compensation for members of the board of elections, not including the chairman, shall be the same as received by members of the board of registrars, not including the chief registrar. Said compensation shall be paid wholly from county funds. Compensation. Section 14. The governing authority of the county shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. Office. Section 15. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code section 34-103 of the Code of Ga. of 1933, as amended, unless otherwise clearly apparent from the text of this Act. Definitions. Section 16. The effective date of this Act shall be July 1, 1973. Effective date.
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Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. CRAWFORD COUNTYCOMPENSATION OF SUPERIOR COURT CLERK CHANGED. No. 315 (House Bill No. 835). An Act to amend an Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, approved March 15, 1963 (Ga. L. 1963, p. 2223), as amended by an Act approved March 21, 1970 (Ga. L. 1970, p. 3037), so as to change the provisions relative to the compensation 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 placing the Clerk of the Superior Court of Crawford County upon an annual salary, approved March 15, 1963 (Ga. L. 1963, p. 2223), as amended by an Act approved March 21, 1970 (Ga. L. 1970, p. 3037), 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 Clerk of the Superior Court of Crawford County is hereby placed on a salary basis of compensation in lieu of the fee basis. The clerk shall receive an annual salary of $12,500.00 to be paid in equal monthly installments from the funds of Crawford County. Clerk. (b) The salary provided for herein shall be paid in lieu of all fees, costs, allowances, and other perquisites of whatever kind as are now or may hereafter be allowed by law to be received or collected by the clerk. All fees, costs, allowances and perquisites of whatever kind as are now or may hereafter be collected by the clerk shall be collected and received by him for the sole use of Crawford County, and shall
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be the property of Crawford County. Such funds shall be held as public funds belonging to Crawford County and shall be accounted for and paid to the fiscal authority of Crawford County by the 15th day of every month for the immediately preceding month. (c) The clerk shall have the right to employ a deputy clerk and such other employees as he deems necessary in the office of the Clerk of the Superior Court of Crawford County. Provided, however, that the salaries of such deputy clerk or other additional employees shall be paid out of the compensation herein provided for the Clerk of the Superior Court of Crawford County. Section 2. 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 there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an act placing the Clerk of the Superior Court of Crawford County on a salary basis of compensation approved March 15, 1963 (Ga. L. 1963, p. 2223), so as to change the provisions relative to the compensation of said clerk; and for other purposes. This 23rd day of January, 1973. /s/ Daniel K. Grahl Representative, 88th District
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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 88th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Post which is the official organ of Crawford County, on the following dates: February 1, 8, 15, 1973. /s/ Daniel K. Grahl Representative, 88th District Sworn to and subscribed before me, this 20th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973. CRAWFORD COUNTYSMALL CLAIMS COURTJURISDICTION EXTENDED, ETC. No. 316 (House Bill No. 836). An Act to amend an Act creating a Small Claims Court for Crawford County, approved April 3, 1972 (Ga. L. 1972, p. 3423), so as to change the provisions relative to the jurisdiction of said Court, Court costs and contempt of Court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court for Crawford County, approved April 3, 1972 (Ga. L. 1972, p.
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3423), is hereby amended by striking from section 1 the following: $400.00 and inserting in lieu thereof the following: $750.00, so that when so amended section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Crawford County. Said Court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $750.00, 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. Jurisdiction. Section 2. Said Act is further amended by striking from section 8, wherever the same appears, the following: $7.50 and inserting in lieu thereof the following: $9.50, so that when so amended section 8 shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $9.50 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $9.50. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny
Page 2667
such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. Costs. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $9.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 3. Said Act is further amended by striking from section 23 the following: ten dollars and twenty-four and inserting in lieu thereof the following: $25.00 and thirty-six, respectively, so that when so amended section 23 shall read as follows: Section 23. The judge of said court shall have the power to impose fines of not more than $25.00 on, or to imprison for not longer than thirty-six 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. Fines.
Page 2668
Section 4. 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 1973 session of the General Assembly of Georgia a bill to amend an act creating a small claims court for Crawford County, approved April 3, 1972 (Ga. L. 1972, p. 3423) so as to change the provisions relative to the jurisdiction of said court, court costs and contempt of court; and for other purposes. This 29th day of December, 1972. Dan K. Grahl, Representative, 88th 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 88th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Georgia Post which is the official organ of Crawford County, on the following dates: January 4, 11, 18, 1973. /s/ Daniel K. Grahl Representative, 88th District Sworn to and subscribed before me, this 20th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973.
Page 2669
WALKER COUNTYORDINARY'S OFFICECOMPENSATION OF PERSONNEL CHANGED. No. 333 (House Bill No. 948). An Act to amend an Act placing the Ordinary of Walker County on a salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as amended by an Act approved January 23, 1970 (Ga. L. 1970, p. 2007), so as to change the total amount which deputies, clerks, assistants, and other personnel of the ordinary's office may receive; 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 Walker County on a salary basis, approved January 27, 1964 (Ga. L. 1964, p. 2014), as amended by an Act approved January 23, 1970 (Ga. L. 1970, p. 2007), is hereby amended by striking from the first paragraph of Section 4 the following: $8,000.00, and inserting in lieu thereof the following: $10,000.00, so that when so amended, the first paragraph of section 4 shall read as follows: Section 4. The above named officer shall have authority to appoint his deputies, clerks, assistants, and other personnel. Said ordinary shall have the authority to set the salary of his deputies, clerks, assistants and other personnel. The combined salaries of said deputies, clerks, assistants, or other personnel appointed by said officer shall not exceed the total sum of $10,000.00 per year. Each deputy, clerk, assistant or other personnel shall be paid monthly from the general funds of Walker County, Georgia. Personnel. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2670
Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia a bill to amend the Act relative of the Office of Ordinary of Walker County, Georgia so as to provide that the maximum amount for the payment of personnel in the Office of Ordinary of Walker County, Georgia shall be Ten Thousand ($10,000.00) Dollars; to repeal all conflicting laws and for other purposes. This 13th Day of December, 1972. /s/ Wayne Snow, Jr. Representative, 1st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 10, 17, 24, 1973. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon, Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973.
Page 2671
CERTAIN POLITICAL SUBDIVISIONS MAY PROVIDE CENTRALIZATION OF GOVERNMENTAL FACILITIES. (63,000-72,000). No. 340 (House Bill No. 1066). An Act to authorize certain counties and all municipalities and other political subdivisions located wholly or partially within such counties to jointly provide for the centralization of their governmental facilities and operations; to authorize said counties, municipalities, and political sub-divisions to sell or lease to each other, to the State or state institutions, or to any public agency, public corporation or authority now or hereafter created, facilities, equipment, or any other real or personal property owned by said counties, municipalities and political subdivisions, for the above stated purpose; to authorize such sale or lease without declaring the property unserviceable, without the taking of bids, and for whatever consideration deemed appropriate by the governing authorities of the counties, municipalities, and political subdivisions involved; to authorize said counties, municipalities, and other political subdivisions to contract with each other as to the allocation or the reimbursement of expenses incurred in the implementation of plans for such centralization, and generally as to any other matters relative to the provisions herein; to define the purposes of the authorization provided herein; 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. In all counties of this State having a population of not less than 63,000 and not more than 72,000 according to the United States decennial census of 1970 or any future such census and all municipalities and other political subdivisions located wholly or partially within such counties, are hereby authorized to jointly provide for the centralization of their governmental facilities and operations. Toward this end, said counties, municipalities, and political subdivisions are authorized to sell or lease to each other, to
Page 2672
the State or state institutions, or to any public agency, public corporation or authority now or hereafter created, facilities, equipment, or any other real or personal property owned by said counties, municipalities, and political subdivisions. Such sale or lease may be accomplished without declaring the facilities, equipment, or property unserviceable, without the taking of bids, and for whatever consideration deemed appropriate by the governing authorities of the counties, municipalities, and political subdivisions involved. Said counties, municipalities, and political subdivisions are further authorized to contract with each other as to the allocation or reimbursement of any costs, debts, or other expenses incurred in connection with the planning or designing of any joint or mutual undertaking initiated in furtherance of the purposes of this Act, as well as to the costs or expenses resulting to any of the participating political subdivisions due to any temporary or permanent loss of existing facilities or equipment during the period of implementation of such plans, or as to any other matters relative to the provisions of this Section. Section 2. The purpose of the authorization provided herein is to facilitate the centralization of governing activity in the more populous counties of this State, wherein a large portion of the citizens and taxpayers are within the concurrent jurisdiction of and subject to taxation by two or more local governing authorities or political subdivisions; to facilitate further the combination or consolidation of departments or services by said political subdivisions, and thereby eliminate, where possible, a duplication of services and/or expenses. 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 13, 1973.
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CORONERSCERTAIN COMPENSATION FIXED. (23,600-23,800). No. 345 (House Bill No. 1138). An Act to fix the compensation for coroners in certain counties; to repeal certain Acts; 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 23,600 and not more than 23,800, according to the United States Decennial Census of 1970 or any future such census, the coroner shall be compensated in the amount of one hundred twenty-five ($125.00) per month, which shall be in lieu of any fees which any such coroner is entitled to receive. Such compensation shall be paid from the funds of any such county. Salary. Section 2. An Act providing for the compensation of the coroners in certain counties, approved February 8, 1955 (Ga. L. 1955, p. 149), is hereby repealed in its entirety. An Act providing for the compensation of the coroners in certain counties, approved April 5, 1961 (Ga. L. 1961, p. 3141), is hereby repealed in its entirety. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. CERTAIN COUNTIESBOARD OF COMMISSIONERSMONTHLY MEETING PROVIDED. (23,000-23,500). No. 346 (House Bill No. 1203). An Act to provide the date for the regular monthly meeting of the board of commissioners of certain counties; to provide
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an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any other provision of law to the contrary notwithstanding, the board of commissioners of each county in this State having a population of not less than 23,000 nor more than 23,500, according to the United States Decennial Census of 1970, or any future such census, shall hold its regular monthly meeting on the first Tuesday in each month at the county courthouse. Meetings. 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 13, 1973. CERTAIN COUNTIESCRIMINAL COURTSDEFINED AS AGENCY UNDER GEORGIA RECORDS ACT. (600,000 OR MORE). No. 364 (Senate Bill No. 241). An Act to provide that the criminal court of certain counties shall be an agency as that term is defined in the Georgia Records Act, approved April 7, 1972 (Ga. L. 1972, p. 1267) to provide for disposition of certain accusations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The criminal court of each county having a population of 600,000 or more according to the United Decennial Census of 1970, or any such future census, shall be an
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agency as that term is defined in the Georgia Records Act, approved April 7, 1972 (Ga. L. 1972, p. 1267), and notwithstanding any other provisions of any law, the clerk of the criminal court of said counties is hereby authorized to dispose of original accusations which are more than thirtyfive (35) years old in accordance with said Georgia Records 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 1973 Session of the General Assembly of Georgia a Bill to amend an Act establishing the Criminal Court of Atlanta (now Criminal Court of Fulton County), approved September 6, 1891 (Ga. L. 1890-91. Vol. II, p. 935), as amended, and for other purposes. This 23 day of January, 1973. Fulton County By: John Tye Ferguson Webb, Parker Young Ferguson County Attorneys Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the Editor 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 24, 31 days of
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January, 1973, and on the 7th day of February, 1973. As provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 7th day of February, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 15, 1975. Approved April 13, 1973. CERTAIN COUNTIESACT REPEALED REQUIRING CERTAIN RETENTION OF TAX DEEDS, ETC. (500,000 OR MORE). No. 365 (Senate Bill No. 242). An Act to repeal an Act providing that in counties having a population of 500,000 or more according to the Federal Census of 1960 or any future Federal Census, the Tax Commissioner or Tax Collector shall retain the physical custody of all tax deeds as agent for the grantee, approved April 5, 1961 (Ga. L. 1961, p. 2936); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that in counties having a population of 500,000 or more, according to the Federal Census of 1960, or any future Federal Census, the Tax Collector or Tax Commissioner shall retain the physical custody of all tax deeds, approved April 5, 1961 (Ga. L. 1961, p. 2936), as amended, 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 2677
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973. CERTAIN COUNTIESREPEAL OF ACT PROVIDING FOR SALE OF TAX FI. FAS. MADE. (500,000 OR MORE). No. 366 (Senate Bill No. 243). An Act to repeal an Act providing that in counties having a population of 500,000 or more according to the 1960 Federal Census or any future Federal Census, the sale or transfer of tax fi. fas., shall be optional with the Tax Commissioner or Tax Collector, approved April 5, 1961 (Ga. L. 1961, p. 3087), 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. An Act providing that in counties having a population of 500,000 or more according to the 1960 Federal Census or any future Federal Census, the sale or transfer of tax fi. fas. shall be optional with the Tax Commissioner or Tax Collector, approved April 5, 1961 (Ga. L. 1961, p. 3087), as amended, is hereby repealed in its entirety. Section 2. This Act shall become effective upon approval by the Governor or its otherwise becoming law. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 13, 1973.
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CERTAIN MUNICIPALITIES MAY AUTHORIZE CERTAIN CONSUMPTION OF ALCOHOLIC BEVERAGES, ETC., DURING CERTAIN HOURS. (400,000 OR MORE). No. 376 (Senate Bill No. 368). An Act to provide that in all municipalities of this State having a population of 400,000 or more according to the United States Decennial Census of 1970 or any future such census, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, such sales for consumption on the premises shall be authorized during certain hours; 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 provisions of any other law of this State to the contrary notwithstanding, in all municipalities of this State having a population of 400,000 or more according to the United States Decennial Census of 1970 or any future such census, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, at the discretion of the governing body of such municipality, such sales for consumption on the premises shall be authorized at any time from 11:55 p.m. on Saturdays and the three hours immediately following such time. 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 in conflict with this Act are hereby repealed. Approved April 13, 1973.
Page 2679
L. C. MOONE ROAD DESIGNATED. No. 19 (Senate Resolution No. 178). A Resolution. Designating the L. C. Moone Road; and for other purposes. Whereas, the State of Georgia recently lost one of its most distinguished and outstanding citizens with the passing of the Honorable L. C. Moone; and Whereas, he was born in 1889 and passed away in 1972; and Whereas, he served as a Commissioner of Wilkes County, a justice of the peace, a member of the Democratic Executive Committee, a member of the A.S.O., and a deacon of the Friendship Baptist Church; and Whereas, he was a well-known farmer and was interested in all civic affairs; and Whereas, the Honorable L. C. Moone maintained his residence on the road running between Georgia Highway 17 and Georgia Highway 79, which runs through the community of Broad. Now, therefore, be it resolved by the General Assembly of Georgia that the road which runs between Georgia Highway 17 and Georgia Highway 79 and which runs through the community of Broad is hereby designated as the L. C. Moone Road. Be it further resolved that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to the family of L. C. Moone, the State Department of Transportation and to the Board of Commissioners of Wilkes County. Approved April 13, 1973.
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DAWSON COUNTYPROVISIONS CHANGED RELATIVE TO SHERIFF'S DEPUTIES. No. 378 (Senate Bill No. 403). An Act to amend an Act placing the sheriff of Dawson County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2252), as amended, so as to change the provisions relative to 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 the sheriff of Dawson County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2252), 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 sheriff shall have the authority to appoint a chief deputy sheriff and two additional deputies. The chief deputy shall be compensated in the amount of $5,900.00 per annum, one deputy shall be compensated in the amount of $2,700.00 per annum and the remaining deputy shall be compensated in the amount of $2,200.00 per annum, such compensation for each such officer to be paid in equal monthly installments from the funds of Dawson County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be compensated as such deputies, and to prescribe their duties and assignments and to remove or replace such deputies at will and within his sole discretion. 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 1973 Session of the General Assembly of Georgia a
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bill to change the method of compensation of and/or the method of compensation of the Ordinary, Clerk of Superior Court, Tax Commissioner, Chairman of the Board of County Commissioners, the Sheriff's Dept. and also to provide for one other full time Deputy Sheriff all of Dawson County, Georgia; to provide an effective date for the foregoing; and for other purposes. Senator 50th District Maylon London Representative 8th District Boyd Thomason Representative 8th District Andy Roach Representative 8th District Joe Frank Harris 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 Dawson County Advertiser which is the official organ of Dawson County, on the following dates: January 18, 25, February 1, 1973. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 7th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 13, 1973.
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CITY OF MORGANTONNEW CHARTER. No. 379 (Senate Bill No. 404). An Act to amend an Act incorporating the Town of Morganton, approved December 17, 1902 (Ga. L. 1902, p. 512), so as to change the name of said town to the City of Morganton; to provide for definitions; to provide for the corporate limits; to provide for corporate powers; to provide that all ordinances, bylaws, rules and regulations in force in the Town of Morganton which are not inconsistent with this Act shall remain in force until amended or repealed by the mayor and council; to provide for the election of the mayor and councilmen; to provide certain restrictions on candidates and their supporters; to provide for a city council; to provide for certain powers and duties of the mayor; to provide for a vice mayor; to provide for the filling of vacancies in the offices of mayor and councilmen; to provide for certain restrictions on councilmen; to provide for a city clerk and for an official city newspaper; to provide for city legislation; to provide for certain rules and regulations; to provide for the organization and personnel of the city government; to provide for the administrative duties of the mayor; to provide for a city attorney; to provide for a city court, city court judge and clerk; to provide for certain other officers and employees; to provide for the appointment, suspension and removal of employees; to provide for an oath of office; to provide for official bonds; to provide that certain political activities shall be prohibited; to provide that officers and employees shall not profit from connection with the city; to provide for the fiscal administration of the city government; to provide for city purchasing; to provide for the sale of city property; to provide for annual audits; to provide for property taxes; to provide for a tax levy; to provide tax due dates and tax bills; to provide for collection of delinquent taxes; to provide for certain special assessments; to provide for disbursements; to provide for an official depository; to provide for certain restrictions on actions for damages against the city; to provide that general laws may be used; to provide for certain penalties; to provide for severability; to provide for all procedures, requirements
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and other matters in connection with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Morganton, approved December 17, 1902 (Ga. L. 1902, p. 512), is hereby amended by striking section 1 through section 18 in their entirety and substituting in lieu thereof, the following new charter: ARTICLE I CHARTER, DEFINITIONS, CORPORATE LIMITS AND CORPORATE POWERS. Section 1.01. Charter. This Act shall constitute the whole charter of the City of Morganton in Fannin County, Georgia. The City of Morganton in Fannin County, Georgia, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of the City of Morganton, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02. Definitions. As used in this Act the following words and terms shall have the following meanings: (a) `City' shall mean the City of Morganton in Fannin County, Georgia, formerly the Town of Morganton. (b) `Councilman' shall mean a person elected to the city council as provided in this Act. `Member of the council' shall mean the mayor and each councilman. (c) `At large' shall mean the entire city, as distinguished from representation by wards or other districts.
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(d) `Public way' shall mean any land used by the public as a passage way, including but not limited to streets, roads, highways, expressways, freeways, boulevards, avenues, parkways, alleys, lanes, sidewalks, walks, bridges, viaducts, subways, underpasses, tunnels, and other thoroughfares, and including the rights-of-way of such public ways. (e) `Agency' shall mean any office, court, utility, board, commission, institution, or other organization in charge of or administering any public function or municipal affair of the city. (f) `Officer' shall mean and include the mayor, councilman, city judge, member of boards and commissions, and any other persons classified as public officers by the laws or judicial decisions of this State. An `officer' as herein defined shall fill an `office', and an `employee' shall fill a `position of employment'. (g) `Elector' shall mean a person residing within the city who is qualified to vote therein. (h) The masculine shall include the feminine and the singular shall include the plural and vice versa. (i) The word `shall' is mandatory; `may' is permissive. Section 1.03. Corporate limits. The corporate limits of the City of Morganton shall be as described in section 2 of an Act incorporating the Town of Morganton, approved December 17, 1902 (Ga. L. 1902, p. 512) and that Section of said Act is hereby continued in full force and effect for the purpose of describing the corporate limits of the City of Morganton. Section 1.04. Corporate powers. The corporate powers of the city, to be exercised by the city council, shall include the following: (a) To levy and to provide for the assessment and collection of taxes on all property subject to taxation.
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(b) To levy and to provide for the collection of license taxes on privileges, occupations, trades, and professions. A collection fee of one dollar ($1.00) may be added to each such license tax. (c) To levy and provide for the collection of registration fees on automobiles and trucks owned by residents of the city, and also on automobiles and trucks owned by nonresidents and operated within the city with any regularity. Such registration fees on trucks or automobiles may be graduated according to their tonnage capacities, weight or horsepower. (d) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose or matter of national or State interest. (e) To acquire, dispose of, and hold in trust or otherwise any real, personal or mixed property, inside or outside the city. (f) To condemn property, inside or outside the city, for present or future use, under Section 36-202 of the Code of Georgia, 1933, or under other applicable public acts. (g) To acquire, operate and dispose of public utilities, subject to the provisions of applicable general laws. (h) To grant franchises or make contracts for public utilities and public services, not to exceed a period of twenty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor. (i) To regulate the rates and services of public utilities in so far as not in conflict with such regulation 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
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buildings, libraries, sewers, drains, sewage treatment, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements, inside or outside the city, and to regulate the use thereof, and for such purposes property may be taken under Section 36-202 of the Code of Georgia or other applicable public acts. (k) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots of lands. A real estate owner shall be liable for an injury or damage sustained by reason of a defective sidewalk adjoining his lot or land and the city shall not be liable for any such injury or damage, if a city officer or employee, authorized to do so by the city council, at least ten days prior to occurrence of the injury or damage served him with personal notice or sent a notice by ordinary mail to the owner of record that the sidewalk should be repaired and placed in a safe condition. (l) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (m) To provide for the collection and disposal of garbage, rubbish and refuse. Charges may be imposed to cover the costs of such services which, if unpaid, shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. (n) To define, regulate and prohibit any act, practice, conduct, or use of property, detrimental, or likely to be deterimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (o) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness and safety of inhabitants
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of the city, and to provide for the enforcement of such standards. (p) To regulate and license weights and measures. (q) To provide that persons given jail sentences in the city court shall work out such sentences on the streets or any public works of the city or in a city workhouse established for this purpose, as provided by ordinance; or the council may provide for the commitment of city prisoners to the county correctional institution or jail by agreement with the appropriate county officers. (r) To regulate and license or prohibit the keeping or running at large of animals and fowls and to provide for the impoundment of same in violation of any ordinance or lawful order and for their disposition, by sale, gift, or humane killing when not redeemed as provided by ordinance. (s) To regulate any railroad crossings or trains within the city. (t) To regulate and license vehicles operated for hire in the city, to limit the number of such vehicles, to require the operators thereof to be licensed, to require public liability insurance of such vehicles in amounts prescribed by ordinance, and to regulate and rent parking spaces in public ways for the use of such vehicles. (u) To levy and provide for the collection of special assessments for public improvements. (v) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as a misdemeanor. (w) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants, and all implied powers necessary to carry into execution all powers granted in the Act as fully and completely as if such powers were fully enumerated herein.
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No enumeration of particular powers in this Act shall be held to be exclusive of others nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to cities under the constitution or applicable public acts of the State. Section 1.05. Ordinances. All ordinances, bylaws, rules and regulations now in force in the Town of Morganton incorporated by an Act approved December 17, 1902 (Ga. L. 1902, p. 512), not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by said mayor and councilmen of said city. ARTICLE II CITY COUNCIL Section 2.01. 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 Monday in November 1973, an election shall be conducted by the city election managers, in accordance with the provisions of the Georgia Municipal Election Code, Title 34A of the Code of 1933, as amended, to elect a mayor and five councilmen from the city at large by post. Each elector shall be entitled to vote for one candidate for mayor and five candidates for councilman. In the first election the candidate for councilman receiving the highest number of votes for their respective posts and the mayor shall be elected for terms of office beginning when the terms of the present mayor and five councilmen expire and expiring at 12:00 a.m. on the first Monday in January 1975, or when their successors are elected and qualified, whichever is later. Thereafter, annual elections shall be held on the first Monday in November in each year to elect in the same manner the mayor and five councilmen who shall serve for terms of one year and until their successors are elected and qualified. The terms of office of the mayor and councilmen elected after the 1973 election shall
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begin at 12:01 a.m. on the first Monday in January next following their election. No informality shall invalidate such an election, provided it is conducted fairly and in substantial conformity with the requirements of this Act and the Georgia Municipal Election Code. Section 2.02. Restrictions on candidates and their supporters. If a candidate or any person in his behalf directly or indirectly gives or promises to any person or persons any office, employment, money, benefit, or anything of value in connection with his candidacy, upon conviction thereof he shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment not to exceed one year, or by both such fine and imprisonment, and shall thereafter be ineligible to hold any office or position of employment in the city government for a period of five years. Section 2.03. City council. The mayor and five councilmen shall compose the city council, in which is vested all corporate legislative and other powers of the city, except as otherwise provided in this Act. The council shall be the final judge of the election and qualifications of its members. The city council shall be authorized to fix the compensation and allowances of the mayor and councilman, but such compensation and allowances shall be fixed at the first regular meeting held in January of each year and shall not be changed during the year. The council shall hold regular public meetings at a stated time and place, as provided by ordinance. The council shall meet in special session on written call of the mayor or any two councilmen and served on the other members personally or left at their residences at least twelve hours in advance of the meeting, but such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. The Council shall exercise its powers only in public meetings. A majority of the council shall constitute a quorum. The council may by ordinance adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members.
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Section 2.04. Mayor as presiding officer. The mayor shall preside at meetings of the council, shall have a vote only in case of a tie but no veto power, shall be the ceremonial head of the city, shall sign ordinances and resolutions on their final passage, shall sign deeds, bonds and contracts when authorized by the council to do so, shall be the officer to accept process against the city, and shall perform other duties imposed by this Act and ordinances not inconsistent with this Act. Section 2.05. Vice-mayor. The council at the first regular meeting, after the newly elected councilmen have taken office following each annual election, shall elect from its membership a vice-mayor for a term of two years. In the event that no decision is reached at such first regular meeting, the council shall, within five ballots to be taken within ten days following such meeting, elect the vice-mayor, otherwise the councilman who received the highest number of votes when he was last elected shall become vice-mayor. The vice-mayor shall perform the duties of the mayor during his absence or inability to act, and shall fill out any unexpired term in the office of mayor, in which case a new vice-mayor shall be elected by majority vote of the council. Section 2.06. 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, has been continuously disabled for a period of six months so as to prevent him from discharging the duties of his office, accepts any Federal, State, county, or other municipal office or position of employment except as a notary public or member of the National Guard or other reserve component of the U. S. Armed Forces, or is convicted of malfeasance or misfeasance in office, or felony, a violation of the Act or a violation of the election laws of the State. The council shall appoint a qualified person to fill such a vacancy for the remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for fifteen days, the mayor or vice-mayor in case of a vacancy in the office of mayor, shall appoint a qualified person to fill the vacancy. At no time shall there be more than two members so appointed holding office, and if a vacancy occurs with two members so appointed
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on the council, a special election shall be held by the election managers on the eighth Wednesday following occurrence of the vacancy, at which election a mayor or councilman, as the case may be, shall be elected to serve the remainder of the unexpired term of the vacant office; provided that no such election shall be held if a regular annual election will occur within six months. Candidates in such a special election shall be nominated as provided in section 2.01 of this Act. Section 2.07. Restrictions 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 to direct or request the appointment of any person to, or his removal from, any office or position of employment, or to interfere in any way with the performance of duties by the mayor or any other officer or employee. The council shall deal with the various agencies, officers and employees of the city, except boards or commissions authorized by this Act, solely through the mayor, and shall not give orders to any subordinates of the mayor, either publicly or privately. Nothing herein contained shall prevent the council from conducting such inquiries into the operation of the city government and the conduct of the city's affairs as it may deem necessary. The office of any councilman violating any provision of this Section shall immediately become vacant upon his conviction in a court of competent jurisdiction. Section 2.08. City clerk. The mayor shall appoint a city clerk, who shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor.
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Section 2.09. Official city newspaper. The council by resolution shall designate a newspaper of general circulation in the city as the official city newspaper. Section 2.10. 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 done by ordinance under this Act, shall be done only by ordinance. The affirmative vote of at least three members of the council or of two members and the mayor in cases of a tie vote, shall be required to pass any motion, resolution or ordinance. The original copies of all ordinances, resolutions and motions shall be filed and preserved by the city clerk and kept available for public inspection. Section 2.11. Rules and regulations. The council may by ordinance authorize officers and agencies of the city to promulgate formal rules and regulations within their respective jurisdictions, subject to such restrictions and standards of guidance as the council may prescribe. No such formal rule or regulation shall take effect until it is filed with the city clerk, who shall file and preserve the original copy in his office. Such rules and regulations shall be included as a separate section of the official code and shall be reproduced and distributed in loose-leaf form as required by section 2.10. Amendments of such rules and regulations shall be accomplished only by setting forth complete sections or subsections in their amended form. ARTICLE III ORGANIZATION AND PERSONNEL Section 3.01. Organization. The city government shall be organized into a department of general government, and such other departments as may be 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 any number of offices and positions of employment, and may transfer or change the functions and duties of offices,
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positions of employment, departments, and agencies of the city, subject to the following exceptions: (a) the number of members and authority of the council, as provided in this Act, shall not be changed, (b) all officers and employees of the city, except as otherwise specifically provided in this Act, shall be appointed and removed by and shall be under the discretion and control of the mayor, and (c) the office of mayor shall not be abolished, nor shall his powers, as provided in this Act be reduced. Section 3.02. Administrative duties of mayor. The mayor shall be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city, and the city attorney shall take such legal actions as the mayor may direct for such purposes. He shall have authority to appoint, promote, demote, transfer, suspend and remove all officers and employees and to direct and control their work, except as otherwise provided in the Act. He shall submit to the council annual budgets, reports, and such other information as he may deem necessary or the council may require. He shall have authority to make allotments of funds within the limits of appropriations and no expenditure shall be made without his approval. If no other employee is designated as purchasing agent, he shall act as purchasing agent for the city. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such other powers and duties as may be provided by ordinances not inconsistent with this Act. Section 3.03. City attorney. The mayor may 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 city court, shall attend all meetings of the council, shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs, shall approve as to form and legality all contracts,
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deeds, bonds, ordinances, resolutions, motions, prescribed by the council or mayor. Section 3.04. City court. A city court, presided over by a city judge on a full or part-time basis as may be prescribed by ordinance, is hereby established, which shall have jurisdiction over violations of this Act and ordinances of the city. The city court shall also have concurrent jurisdiction with that of a justice of the peace over offenses against the criminal laws of the State committed within the city. The city judge shall have authority to impose fines, costs, forfeitures, and imprisonment in a jail or workhouse, as provided in this Act and by ordinance, and except as provided in this Act his authority and powers and the procedure in the city court shall be the same as provided by State law for a justice of the peace. Appeals from the city court shall be to the superior court. Warrants, subpoenas and other processes of the city court shall be executed by police officers of the city, who for such purposes shall have the same powers and authority of a sheriff in executing process of a superior court. The city attorney, or assistant city attorney; shall be the prosecuting officer of the court. Section 3.05. City judge and city court clerk. The council shall appoint and fix the salary of the city judge for terms of one year, and such salary shall not be changed during a term of office. The council may impeach and remove the city judge for neglect or refusal to enforce the laws of the State and ordinances of the city, or for other misconduct in office or neglect of duty, but any person so removed may appeal to the superior court and thence to the supreme court of the State. The council shall fill a vacancy in this office by appointment for the unexpired term. The city judge shall excuse himself from a case in which (a) he is interested, (b) he is related to the defendant by blood or marriage within the third degree, or, (c) for any reason he believes that he will be prejudiced, and such a case, as well as cases during the absence or disability of the city judge, shall be heard and decided by an acting city judge appointed by the mayor. The mayor may remove the acting city judge at any time without cause. The compensation of an acting city judge shall be fixed by ordinance. The council may authorize a city
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court clerk and other personnel, to assist and to be appointed and removed by the city judge, to perform such duties as may be prescribed by ordinance or by the city judge. Section 3.06. Other officers and employees. The council by ordinance, after receiving the written recommendations of the mayor, may establish offices and positions of employment and may abolish, combine or modify them in accordance with such recommendations. The powers and duties of such offices and positions of employment may be defined by ordinance, and if not defined by ordinance shall be defined in formal rules and regulations issued by the mayor as provided in Section 2.11 of this Act, but in any event, the mayor may require officers and employees of the city, except those appointed by and accountable to the council, to perform such additional duties as may be considered necessary by him for the proper and efficient conduct of the city's affairs. Public utilities owned or operated by the city may be under the supervision of the mayor and employees appointed by him or may be under boards or commissions appointed by and answerable to the council, as provided by ordinance. The salaries of all employees of the city shall be fixed by ordinance under a pay plan applying uniformly to all employees having similar responsibilities and doing like work. Section 3.07. 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 and removed by the mayor. During a suspension, an employee's salary may be reduced or eliminated, as determined by the mayor. Before suspending for more than thirty days or removing an employee, the mayor shall serve the employee with a written notice of intention to suspend or remove him, containing a clear statement of the grounds for such proposed action and notification that the employee may appeal to the personnel board by filing, within ten days, with the city clerk, written notice of his intention to do so. The personnel board shall be composed of three members appointed by the council for three year terms, except that of the first appointees one shall be for a term of one year and one for two years.
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The personnel board shall elect a chairman from its membership and shall adopt rules governing conduct of its business. The decisions of the personnel board in cases of such appeals by employees shall be final. Section 3.08. Oath of office. 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 Morganton, and that I will faithfully discharge the duties of the office of...... Section 3.09. Official bond. The mayor and every officer, agent, and employee of the city having duties embracing the receipt, disbursement, custody, or handling of money, and other officers and employees as may be required by ordinance, shall give a fidelity bond or faithful performance bond, as provided by ordinance, with some surety company authorized to do business in the State of Georgia as surety, in such amount as shall be prescribed by ordinance. All such bonds and sureties thereto shall be subject to approval by the council. The cost of such bonds shall be paid by the city. All such bonds shall be kept in the custody of the city clerk, except that the city clerk's bond shall be in the custody of the mayor. Section 3.10. Political activity prohibited. No officer or employee of the city, other than the mayor, councilmen, city judge and city attorney, shall continue in the employment of the city after becoming a candidate for nomination or election to any public office. No person shall directly or indirectly give, render, or pay any money, service or other valuable consideration to any person for or on account of or in connection with any test, appointment, proposed appointment, promotion, or proposed promotion to any office or position of the city government. No person shall orally, by letter, or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political
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party or political purpose from any officer or employee of the city. An officer or employee of the city, other than the mayor and councilmen, shall not make any contribution to the campaign funds of any candidate in any city election, and shall not take any part in the management, affairs or political campaign of any city election, other than in the exercise of his rights as a citizen to express his opinions and to cast his vote. Any person who by himself or with others willfully or corruptly violates any provision of this Section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine or not more than fifty dollars ($50.00), or by imprisonment for not more than one year, or by both such fine and imprisonment. Any person who is convicted under this Section shall be ineligible to hold any office or position of employment in the city government for a period of five years thereafter, and if he be an officer or employee at the time of conviction shall immediately forfeit and vacate the office or position he holds. Section 3.11. Officers and employees not to profit from connections with city. No officer or employee of the city shall profit personally, directly, or indirectly, from any contract, purchase, sale, or service, between the city government and any person or company, nor shall any officer or employee accept any free or preferred service, benefits of concessions from any person or company, except that free transportation may be provided to policemen and firemen on official duty. ARTICLE IV. FISCAL ADMINISTRATION. Section 4.01. Fiscal year. The fiscal year of the city government shall begin on the first day of July and shall end on the thirtieth day of June of the succeeding year, but another fiscal year may be fixed by ordinance for the entire city government or for any utility. Section 4.02. Action by council on budget. Before the beginning of the ensuing fiscal year, the council shall adopt an appropriation ordinance, based on a budget with such
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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 original appropriation ordinance at any time during a current fiscal year. Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation. At the end of each month, the mayor shall submit a detailed budget report to the council, showing estimated and actual receipts and expenditures or encumbrances for that month and the fiscal year to the end of that month, as well as the amount encumbered or expended in excess of any of the itemized estimates of expenditures supporting the appropriations. Section 4.03. Allotments. The mayor shall have authority to make periodic allotments of appropriated funds, and no contracts or purchases, except those made by the council, may be made in excess of the amount allotted by the mayor for any allotment period. In no event may contracts or purchases be made in excess of appropriations. Any expenditures except for salaries and wages may be reduced or eliminated through such allotment control. Section 4.04. City 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. Section 4.05. Sale of city property. The mayor may sell any city property which is obsolete, surplus or unusable,
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if the proceeds do not exceed five hundred dollars ($500.00), without taking bids, but sealed bids shall be taken or a public auction shall be held for any sale producing more than five hundred dollars ($500.00); provided that any sale for more than one thousand dollars ($1,000.00) or any sale of real estate shall be subject to approval by the council. Section 4.06. Annual audit. The 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 council, at a time agreed to between him and the council. Section 4.07. 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 1 in each year, shall be subject to the property tax levied by the city. Appeals involving city property assessments may be taken as provided by general law. Section 4.08. 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 ninety days prior to the due date of a second installment if two installments are authorized by ordinance, the property tax in effect the last fiscal year shall continue in effect as the tax rate for the new fiscal year. Section 4.09. Tax due dates and tax bills. The due dates of property taxes shall be fixed by ordinance and provision may be made for equal semi-annual installments. The city shall send tax bills to taxpayers, showing the assessed valuations, amounts of taxes due, tax due dates, and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent thirty days after a due date at which time a penalty of five percent (5%) shall be added and thereafter such taxes shall be subject to interest at the rate of one-half of one percent ( of 1%) for each month or fraction thereof until paid. On and after the date when such
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taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Section 4.10. 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 any police officer of the city under the laws governing execution of such process from a justice of the peace, or by the county trustee, as provided by general law, or by the city attorney acting in accordance with general laws providing for the collection of delinquent city or county taxes, or by any two or more of the foregoing methods, and by the use of any available legal processes and remedies. A lien shall exist against all property on which city property taxes are levied, as of the assessment date of January 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 4.11. Special assessments. The city may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates (after the due date of each installment if paid on an installment basis), shall thereupon be subject to a penalty of five percent (5%), and shall thereafter be subject to interest at the rate of one-half of one percent ( of 1%) for each month or fraction thereof until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes. Section 4.12. Disbursement by checks. All disbursements shall be made by checks signed in such manner as provided by ordinance.
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Section 4.13. 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. Restrictions on actions for damages against city. No action shall be maintained against the city for damages unless a written statement by the claimant or by his agent, attorney or representative, setting forth the basis for his claim, shall have been filed with the mayor within sixty days after such cause of action shall have occurred, except that when the claimant is an infant or non compos mentis, or an injured person dies within sixty days, the time limit for filling a claim shall be one hundred and twenty days. No officer or employee of the city may waive this requirement. Section 5.02. General laws may be used. The council in its discretion may elect to use the provisions of any general laws of the State in addition to or instead of the provisions of this Act. Section 5.03. Penalties. The violation of any provision of this Act, for which a penalty is not specifically provided herein, is hereby declared to be a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment not to exceed one year, or by both such fine and imprisonment. Section 5.04. 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
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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 5.05. All laws and parts of laws in conflict with this Act are hereby repealed. 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 local legislation will be introduced in the 1973 regular session of the Georgia General Assembly to amend the city charter for the Town of Morganton; to abolish conflicting laws; to re-write provisions in said charter and for other purposes. Georgia, Fannin County. I, Lowell Kirby, do solemnly swear that I am the Publisher of The McCaysville Citizen, printed and published at McCaysville, in the state of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Town of Morganton, Georgia; Notice of Intent to Introduce Local Legislation was inserted in the McCaysville Citizen in space of 100 words on dates as follows: January 11-18-25, 1973. Subscribed and sworn to before me. /s/ Lowell Kirby This 7th day of March, 1973. /s/ Charles F. Galloway Notary Public, Georgia State at Large. My Commission Expires Aug. 17, 1976. Approved April 13, 1973.
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CITY OF DAHLONEGACHARTER AMENDEDQUALIFICATIONS OF RECORDER CHANGED. No. 380 (Senate Bill No. 414). An Act to amend an Act providing a new charter for the City of Dahlonega, approved March 27, 1972 (Ga. L. 1972, p. 2765), so as to change the provisions relative to the qualifications of the recorder; 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 Dahlonega, approved March 27, 1972 (Ga. L. 1972, p. 2765), is hereby amended by striking from subsection (b) of section 7.02 the following: , and shall be qualified to vote in City elections., and by inserting a period following the word years where it appears immediately preceding such stricken language so that when so amended subsection (b) of section 7.02 shall read as follows: (b) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years. The compensation of the recorder shall be fixed by the council. 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 the local bill will be introduced in the regular 1973 session of the General Assembly to amend the city charter of the city of Dahlonega; to change the residential requirements for the municipal court recorder
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and other city officials; to abolish conflicting laws and for other purposes. Maylon K. Lonodn State 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 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: February 9, 16, 23, 1973. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 10th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 13, 1973. RABUN COUNTYCORONER PLACED ON SALARY. No. 381 (Senate Bill No. 415). An Act to place the Coroner of Rabun County upon a monthly salary in lieu of fees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. The Coroner of Rabun County is hereby placed upon a salary of $100.00 per month in lieu of the fee system of compensation formerly allowed said officer. Said salary shall be in lieu of all fees, commissions, emoluments and perquisites of whatever kind formerly allowed the Coroner of Rabun County for his services as such. Said salary shall be paid from the funds of Rabun County. Salary. Section 2. The governing authority of Rabun County is hereby authorized to furnish the Coroner with such supplies and equipment as may be necessary for him to effectively discharge the duties of his office. Supplies. 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. Notice is hereby given that a local bill will be introduced in the 1973 regular session of General Assembly of Georgia to place the Rabun County coroner on a monthly salary, to provide material and equipment for the coroner, to amend the existing law and for other purposes, this the 2nd day of January, 1973. 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 Notice of Intention to Introduce Local Legislation was published in the Clayton
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Tribune which is the official organ of Rabun County, on the following dates: January 11, 18, 25, 1973. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 10th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 13, 1973. RABUN COUNTYCOMPENSATION OF SHERIFF INCREASED, ETC. No. 382 (Senate Bill No. 417). An Act to amend an Act placing the sheriff of Rabun County upon an annual salary, approved April 5, 1965 (Ga. L. 1965, p. 3218), as amended, so as to provide that the governing authority of Rabun County shall pay to the sheriff the sum of not less than $3.00 per day per prisoner for feeding prisoners confined in the common jail; to provide for additional compensation for the sheriff; to provide that the sheriff shall be authorized to employ kitchen personnel for the sheriff's department; to provide for the duties of such personnel; 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 Rabun County upon an annual salary, approved April 5, 1965 (Ga. L. 1965, p. 3218), as amended, is hereby amended by adding, following
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section 3, a new section to be designated section 3A, to read as follows: Section 3A. Any other provision of law to the contrary notwithstanding, the governing authority of Rabun County shall pay to the sheriff a sum not less than $3.00 per day per prisoner for feeding prisoners confined in the common jail. Such sums shall be paid from the funds of Rabun County. Section 2. Said Act is further amended by adding, following section 3A, a new section to be designated section 3B, to read as follows: Section 3B. In addition to all other compensation received by the sheriff, the governing authority of Rabun County shall pay to the sheriff the sum of $1,200.00 per annum. The sheriff is hereby authorized to use such additional compensation or any portion thereof for the purchase of liability insurance to protect the sheriff and his deputies and employees from liability for acts or omissions arising out of or related to the performance of their duties. Said sum shall be paid from the funds of Rabun County. The sheriff shall be authorized to purchase such insurance as he shall deem necessary, acting in his sole discretion. Liability insurance. Section 3. Said Act is further amended by adding, following section 3B, a new section to be designated section 3C, to read as follows: Section 3C. The sheriff is hereby authorized to employ kitchen personnel for the sheriff's department and to prescribe the duties of such personnel. Such personnel shall be compensated from the funds of Rabun County in an amount not less than $3,800.00 per annum, the exact compensation to be submitted by the sheriff in his proposed budget. Such compensation shall be paid in equal monthly installments from the funds of Rabun County. Personnel. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved
Page 2708
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 Intent to Introduce Local Legislation. Notice is hereby given that a local bill will be introduced in the 1973 regular session of the General Assembly to amend the act involving the Sheriff's office of Rabun County, to change the compensation, to provide personnel, to abolish conflicting laws, and for other purposes, this 29th day of January, 1973. 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 Notice of Intention to Introduce Local Legislation was published in the Clayton Tribune which is the official organ of Rabun County, on the following dates: February 8, 15, 22, 1973. /s/ Maylon K. London Senator, 50th District Sworn to and subscribed before me, this 10th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 13, 1973.
Page 2709
HABERSHAM COUNTYSTATE COURTSECRETARY FOR SOLICITOR PROVIDED, ETC. No. 383 (Senate Bill No. 419). An Act to provide for a secretary for the Solicitor of the State Court of Habersham County; to fix the compensation for such secretary and provide for payment of same; 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 Solicitor of the State Court of Habersham County shall be authorized to employ a secretary at a salary not to exceed $125.00 per month, to be approved by the Habersham County Board of Commissioners and to be paid monthly from the funds in the county treasury. Said Solicitor shall have the sole right to select the secretaries employed hereunder, who shall serve at the pleasure of said Solicitor, and who shall perform such duties and services as prescribed by the Solicitor. Secretary. 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 1973 session of the General Assembly of Georgia, a bill to provide for a secretary for the Solicitor of the State Court of Habersham County; to fix the compensation of
Page 2710
such secretary and provide for payment of same; and for other purposes. This 18th day of January, 1973. /s/ Hubert G. Ritchie State Representative, 11th District Georgia, Habersham County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amilee C. Graves, who, on oath, deposes and says that she is Publisher of the Tri-County Advertiser, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: January 25, 1973, and February 1 and 8, 1973. /s/ Amilee C. Graves Publisher, Tri-County Advertiser Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Carolyn F. Palmer Notary Public. My Commission Expires December 4, 1976. (Seal). Approved April 13, 1973. SECRETARY OF STATE AUTHORIZED TO CONDUCT CERTAIN LAND LOT SURVEY IN COBB COUNTY. No. 21 (House Resolution No. 103-332). A Resolution. Authorizing a survey to be made by the Secretary of State; and for other purposes.
Page 2711
Whereas, the Secretary of State, pursuant to law, performs the duties formerly performed by the Surveyor General; and Whereas, certain properties involved in the 18th District, Second Section of Cobb County, and more specifically Land Lots 53, 54, 55, 56, 57, 58, 60, 61, 62, 63 and 64 cannot be adequately defined or described because of the uncertainty of the Land Lot lines of the Land Lots herein enumerated; and Whereas, it is of great interest of the owners of properties to have these Land Lot lines clearly established because in many instances the correct location of Land Lot corners and Land Lot lines are necessary to adequately define or describe real estate contiguous to or in close proximity to said Land Lots and said Land Lot lines; and Whereas, it is of the utmost importance that said Land Lots and Land Lot lines be located as correctly as possible to the original location of said Land Lots and Land Lot lines as the same were originally established. Now, therefore, be it resolved by the General Assembly of Georgia that the Secretary of State, or such authority as may be delegated by him, is hereby authorized to reestablish, relocate and properly mark the locations of Land Lots 53, 54, 55, 56, 57, 58, 60, 61, 62, 63 and 64 in the 18th District, Second Section of Cobb County. Be it further resolved that the Secretary of State, upon establishing the location of said Land Lots, is hereby authorized and directed to mark the north, east, south and west lines of said Land Lots. Be it further resolved that the Secretary of State is hereby authorized to use funds appropriated to the Office of the Secretary of State or otherwise made available to the Secretary of State for the purpose of carrying out this Resolution. Approved April 13, 1973.
Page 2712
FULTON COUNTYCERTAIN COURTSCERTAIN RESTRICTIONS APPLICABLE TO ASSISTANT DISTRICT ATTORNEYS REMOVED, ETC. No. 388 (Senate Bill No. 54). An Act to amend an Act entitled An Act to provide for the retirement of the Judges and the Solicitor-General of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County and judge of the Juvenile Court of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 2930), so as to remove certain restrictions and limitations upon payments and benefits applicable to assistant district attorneys and to place said assistant district attorneys on the same basis as to payments and benefits as the other persons who are members of the fund created by said Act; to allow certain eligible persons to become members of the retirement fund; and prescribe the procedures connected therewith; to change the composition of the board of trustees of the fund created by said Act both as to number and membership; 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 provide for the retirement of the judges and the Solicitor-General of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County and the judge of the Juvenile Court of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 2930), is hereby further amended by striking subsection (b) in section 1 of said Act approved April 5, 1971 (Ga. L. 1971, p. 2930), in its entirety, and substituting in lieu thereof a new subsection (b) to read as follows: b. 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. Payments.
Page 2713
Section 2. Said Act is hereby further amended by striking from section 5(c) of said Act as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 2930), the word and figures July 1, 1971 and inserting in lieu thereof the word and figures July 1, 1973. Section 3. Said Act is hereby further amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. There is hereby created a fund to be known as the Judges and Solicitor Generals' Retirement Fund of Fulton County. The Trustees of said Fund shall be the Chairman of the Board of Commissioners of Fulton County or in his stead and by his designation the County Manager of Fulton County, the Clerk of said Board of Commissioners, the District Attorney of the Atlanta Judicial Circuit or his designate, the Solicitor-General of the Criminal Court of Fulton County or his designate, two judges who are members of the Fund, who shall be selected by a majority of such Judges annually, and the chief fiscal officer of Fulton County. The chief fiscal officer of Fulton County shall be ex officio the treasurer of said Fund and shall be the receiving and disbursing officer thereof under the terms of this Act and amendments to the same and with the advice of the Trustees of said Fund. Fund created. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of Georgia convening in January, 1973, 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, and for other purposes. Lewis R. Slaton District Attorney Atlanta Judicial Circuit
Page 2714
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 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 20, 27 days of December, 1972, and on the 3, 10 days of January, 1973. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 10th day of January, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. Approved April 17, 1973. CARROLL COUNTYSTATE COURTCOMPENSATION OF SOLICITOR CHANGED, ETC. No. 389 (Senate Bill No. 63). An Act to amend an Act establishing the State Court of Carroll County (formerly City Court of Carrollton), approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2746), so as to change the compensation of the solicitor of said Court; to authorize the solicitor to appoint a secretary who shall be compensated out of the salary paid to the solicitor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 2715
Section 1. An Act establishing the State Court of Carroll County (formerly City Court of Carrollton), approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2746), 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. (a) 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 judges thereof shall appoint some competent attorney to act as solicitor pro tem. The solicitor of said State Court shall receive an annual salary of fifteen thousand one hundred twenty dollars ($15,120.00), 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 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: Salary. `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.'
Page 2716
(b) The solicitor shall have the authority to appoint a secretary who shall be compensated out of the salary paid to the solicitor by Carroll County. The solicitor shall have the authority to appoint such 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 other personnel needed by his office, together with the suggested compensation to be paid each employee. The compensation of such personnel shall be commensurate with the compensation received for similar work in Carroll County, but shall not be less than the compensation paid to such personnel on February 1, 1972. It shall be within the sole discretion of the solicitor to set the compensation of each employee within his office. It shall be within the sole power and authority of the solicitor, during his term of office, to designate and name the person or persons who shall be employed as such 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act establishing the State Court of Carroll County (formerly City Court of Carrollton), approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2746), so as to change the salary of the solicitor of said Court; to authorize the solicitor to appoint a secretary who shall be compensated out of the salary paid to the solicitor; and for other purposes. This 20th day of Dec., 1972. J. Ebb Duncan Senator, 30th District
Page 2717
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 21, December 28, January 4. Sworn to on the 10th day of January, 1973. /s/ Stanley Parkman Publisher Sworn to and subscribed to before me, on the 10th day of January, 1973. /s/ Linda Spence Notary Public. Approved April 17, 1973. STATE COURTSCERTAIN COUNTIESJUDGES INCLUSION IN RETIREMENT LAWS PROVIDED (145,000-165,000). No. 391 (Senate Bill No. 67). An Act to provide for the inclusion of the Judge of the State Court within the definition of permanent employee within the meaning of the pension or retirement laws existing in certain counties under certain conditions; to provide for the inclusion of all previous time as a permanent employee; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 2718
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 United States Decennial Census of 1970 or any future such census, any duly elected or appointed Judge of the State Court in said counties shall be included as a permanent employee, and thereby entitled to membership, under any existing pension or retirement laws of said counties, provided any such judge has been a member thereof for a period of at least twenty years previous to his becoming judge. Section 2. All such previous years of service as a member of such pension laws shall be credited to said judge in ascertaining his benefits under said pension laws, provided that said judge has paid in, and not had returned to him, sufficient contributions to entitle him to said previous years under the terms of said pension laws. Section 3. After becoming a member of said county pension or retirement fund, as aforesaid, said judge shall thereafter be subject to all the terms and conditions thereof, as are other members, including the requirement of contribution to the same. Section 4. The provisions of this Act shall become effective January 1, 1973. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. FULTON COUNTYPENSION FUNDEMPLOYEES OF ATLANTAFULTON COUNTY RECREATION AUTHORITY INCLUDED, ETC. No. 393 (Senate Bill No. 79). An Act to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations
Page 2719
governing the payment of pensions to county employees, approved March 3, 1939 (Ga. L. 1939, p. 571), as amended, so as to provide that members of the pension fund shall include employees of the Atlanta-Fulton County Recreation Authority provided that such employees are employed by Fulton County, and that the Atlanta-Fulton County Recreation Authority reimburses Fulton County for all employer contributions; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees, approved March 3, 1939 (Ga. L. 1939, p. 571), is further amended as follows: In addition to the persons presently authorized to be members of the Fulton County Employees' Pension Fund, the term member as used in the aforementioned Act shall include all officers or employees of the Atlanta-Fulton County Recreation Authority, provided that such officers or employees shall be employed by Fulton County and the Atlanta-Fulton County Recreation Authority shall reimburse Fulton County for all employer contributions made on behalf of such officers or employees. Contributions for persons eligible to participate in the Fulton County Employees' Pension Fund under the provisions of this amendment shall be based upon the total compensation of such individuals from both Fulton County and the Atlanta-Fulton County Recreation Authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legislation. Notice is hereby given of intention to apply to the January, 1973 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
Page 2720
said County... and for other purposes; and any matter germane to this general subject may be included in such legislation or by amendment thereto. Lula B. Carson Executive Secretary 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 27th day of December, 1972, and on the 3, 10 days of January, 1973. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 12th day of January, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. Approved April 17, 1973. FULTON COUNTYPENSION FUNDATLANTAFULTON COUNTY RECREATION AUTHORITYPRIOR SERVICE CREDIT ALLOWED. No. 394 (Senate Bill No. 80). An Act to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees, so as to provide prior service credit for service as an employee
Page 2721
of the Atlanta-Fulton County Recreation Authority, 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: That an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees, approved March 3, 1939 (Ga. L. 1939, p. 571), as amended, is further amended as follows: Section 1. Any officer or employee of Fulton County who is qualified for pension benefits under this Act, as amended, who is employed by the Atlanta-Fulton County Recreation Authority 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: (1) No credit shall be given for part-time or temporary service. Credit. (2) Application must be made for credit within six (6) months after the passage of this Act, or after becoming eligible for the credit, whichever is later. (3) 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. (4) It shall be the responsibility of the officer or employee making application for such credit to furnish to the Board of Trustees proof for the years of service and the monthly rate of compensation in such manner as the Board may, by rules, prescribe.
Page 2722
(5) The total amount of creditable service under this amendment and for prior service with the State of Georgia or Member of the General Assembly thereof, or any municipality located in whole or in part in Fulton County, 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 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legislation. Notice is hereby given of intention to apply to the January, 1973 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; and any matter germane to this general subject may be included in such legislation or by amendment thereto. Lula B. Carson Executive Secretary 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
Page 2723
27th day of December, 1972, and on the 3, 10 days of January, 1973. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 12th day of January, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. Approved April 17, 1973. FULTON COUNTYPENSION FUND ADDITIONAL BENEFITS PROVIDED. No. 395 (Senate Bill No. 82). An Act to amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. L. 1939, p. 571), as amended, so as to provide additional pension benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. L. 1939, p. 571), as amended, is hereby further amended as follows: Section 1. (a) Pension payments due to former officers and employees who have retired as a matter of right prior to enactment of this law, shall be paid in addition to all other amounts that have been awarded, a monthly pension increase of $15.00. Provided, however, that this pension increase
Page 2724
shall only apply to those officers and employees receiving a monthly pension of $400.00 or less. Increase. (b) 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 $15.00. Provided, however, this pension increase shall only apply to those dependents where the deceased officer or employee was entitled to a pension of $400.00 or less. Section 2. Increased benefits payable under the terms of this Act shall be paid out of pension funds of Fulton County and shall become effective the date this amendment is approved by the Governor, or otherwise becomes law. Effective date. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Legislation. Notice is hereby given of intention to apply to the January, 1973 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; and any matter germane to this general subject may be included in such legislation or by amendments thereto. Lula B. Carson Executive Secretary 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
Page 2725
county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 27th day of December, 1972, and on the 3, 10 days of January, 1973. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 12th day of January, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. Approved April 17, 1973. FULTON COUNTYTEACHERS AND EMPLOYEES RETIREMENT FUNDMONTHLY EARNINGS DEFINED. No. 396 (Senate Bill No. 92). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, particularly as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2948), so as to provide that in computing pension benefits the definition of monthly earnings shall be the average monthly salary during the highest three years of service, in lieu of the average of the highest five years' salary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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
Page 2726
County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, be further amended as follows: The Act approved March 3, 1962 (Ga. L. 1962, p. 2948), amending said Act, is hereby amended by striking the second sentence of Section 1(c) of said 1962 Act, reading as follows: `Monthly earnings shall be the average of the highest five (5) years' salary during the employment', and substituting in lieu thereof the following sentence: `Monthly earnings shall be the average monthly salary during the highest three years' salary during the employment.' Monthly earnings defined. 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. Section 4. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January 1973 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 hereto
Page 2727
amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. Douglas H. Purdie 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 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 14, 21, 28 days of December, 1972, and on the 4th day of January, 1973. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 9th day of January, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. Approved April 17, 1973. FULTON COUNTYTEACHERS AND EMPLOYEES RETIREMENT FUNDDEPENDENTS' BENEFITS INCREASED, ETC. No. 397 (Senate Bill No. 93). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay
Page 2728
to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, particularly as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2948), as amended, so as to increase the amount of dependent benefits from 60% to 70%; to reserve the right of the General Assembly to reduce benefits under this amendment under certain circumstances, if teachers and employees later qualify for benefits under the Federal O.A.S.I. program; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia that the Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, be further amended as follows: Section 1. The Act approved March 3, 1962 (Ga. L. 1962, p. 2948), amending said Act, is hereby amended by striking from the first sentence of section 1(e) of said 1962 Act, as amended, the words and figure sixty percent (60%) and inserting in lieu thereof the words and figure seventy percent (70%) so that said sentence when amended shall read as follows: (e) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to all the other benefits, as set forth in the relevant sections of this Act, as amended prior to this amendment; provided, however, that partial pensions and pensions for total and permanent disability or death shall be computed by the same formula as is used for computing service pensions in subparagraph (c) above, and, provided, further, that pensions for beneficiaries designated under the terms of this Act, as amended, shall be seventy percent (70%) of the amount the pensioner was receiving or would have received had he exercised his right to retire.
Page 2729
Section 2. This amendment, if enacted, shall be predicated upon an acknowledgment that the General Assembly in adopting this amendment reserves the right to further amend this amendment and reduce the benefits provided under this amendment in the event the employees and teachers of the Board of Education of Fulton County should qualify for benefits under the Federal O.A.S.I. program; provided, further, that the benefits of this amendment shall in no event be reduced by an amount greater than the Social Security to which the beneficiary of such employee may be entitled because of such employee's participation in benefits under the Federal O.A.S.I. program. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 4. 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 5. 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 1973 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 hereto
Page 2730
amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. Douglas H. Purdie 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 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 14, 21, 28 days of December, 1972, and on the 4th day of January, 1973. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 9th day of January, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. Approved April 17, 1973. FULTON COUNTYTEACHERS AND EMPLOYEES RETIREMENT FUNDCERTAIN MILITARY SERVICE CREDITED. No. 398 (Senate Bill No. 94). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay
Page 2731
to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended, particularly as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 3813), so as to provide prior service credit for active full time military duty heretofore provided for teachers is extended to other employees under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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: The Act approved April 3, 1972 (Ga. L. 1972, p. 3813), which provided prior service credit to teachers for active full-time military duty, is hereby amended as follows: (a) Subparagraph (i) of Section 1 of said 1972 Act is deleted in its entirety. (b) Subparagraph (ii) of Section 1 of said 1972 Act is amended by substituting the word employee wherever the word teacher appears. 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. 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
Page 2732
that all of the requirements of law relating to the 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 1973 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 hereto amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. Douglas H. Purdie 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 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 14, 21, 28 days of December, 1972, and on the 4th day of January, 1973. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 9th day of January, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. Approved April 17, 1973.
Page 2733
CERTAIN STATE COURTSJUDGES EMERITUSSOCIAL SECURITY PAYMENTS SHALL NOT REDUCE COMPENSATION, ETC. (150,000-165,000). No. 399 (Senate Bill No. 99). An Act to amend an Act providing the procedures whereby a Judge of the State Court of any county having a population of not less than 150,000 and not more than 165,000 according to the 1970 United States Decennial Census or any such future census shall be eligible to become a Judge Emeritus of such Court, approved April 3, 1972 (Ga. L. 1972, p. 3371), so as to provide that Social Security benefits shall not reduce the compensation payable to any Judge Emeritus under the provisions of this Act; to change the salary of the secretary of the Judge Emeritus; to provide 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 the procedures whereby a Judge of the State Court of any county having a population of not less than 150,000 and not more than 165,000 according to the 1970 United States Decennial Census or any such future census shall be eligible to become a Judge Emeritus of such Court, approved April 3, 1972 (Ga. L., 1972, p. 3371), 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. 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 any such Judge Emeritus is actually receiving from any pension or retirement system, except the Federal Social Security system. The Judge Emeritus shall have the right of election between any
Page 2734
pension or retirement system that said Judge is eligible to receive compensation under. Compensation. 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 Judge Emeritus shall be empowered to appoint and secure a competent secretary to serve his office at a salary not to exceed $5,229.00 per annum, which shall be divided into twelve (12) equal monthly payments, to be paid monthly out of the treasury of the county in which said Judge Emeritus serves by the person or persons charged by law with paying out the money of said county. The governing authority of the said county shall have the authority to increase said compensation provided for the secretary of such Judge Emeritus at any time the governing authority deems it practical and necessary. Secretary. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. FULTON COUNTYUNINCORPORATED AREASCERTAIN FIRE PREVENTION SUMS INCREASED. No. 404 (Senate Bill No. 239). An Act to amend an Act establishing a method for providing fire prevention systems in the unincorporated portion of Fulton County; approved March 21, 1951 (Ga. L. 1951, p. 3068), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2275), an Act approved March 9, 1959 (Ga. L. 1959, p. 2589), an Act approved April 2, 1963 (Ga. L. 1963, p. 2579), and an Act approved
Page 2735
April 17, 1969 (Ga. L. 1969, p. 2853), so as to increase the sum which may be expended for fire prevention and protection without the creation of a fire district; to provide 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 method of providing fire prevention systems in the unincorporated portion of Fulton County, approved March 21, 1951 (Ga. L. 1951, p. 3068), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2275), an Act approved March 9, 1959 (Ga. L. 1959, p. 2589), an Act approved April 2, 1963 (Ga. L. 1963, p. 2579), and an Act approved April 17, 1969 (Ga. L. 1969, p. 2853), is further amended by striking from section 6(b) thereof the words and figures thirty thousand ($30,000.00) dollars and inserting in lieu thereof the words and figures thirty-five thousand ($35,000.00) dollars, so that said Section as amended hereby shall read as follows: Section 6. (b) Nothing herein shall be construed or applied to prevent Fulton County from establishing not more than four fire stations for the protection of lives and property against fire in the unincorporated areas of Fulton County. In each station the total expenditure for equipment, supplies and salaries shall be limited to the sum of thirty-five thousand ($35,000.00) dollars per annum, for each of said stations, provided, however, such limitation shall not apply to the expenditure of any bond funds for capital purposes or to the expenditure of any sums raised by taxation upon the district benefited by the erection and maintenance of a fire station, or to the expenditure of any funds contributed or donated by any person, firm or corporation for such purposes, or to the expenditure of any funds received under contract by Fulton County for furnishing fire service to any person, firm or corporation within the unincorporated areas, all of such expenditure being authorized in addition to limitation from general funds which Fulton County is authorized to expend under the provisions of this Act. Expenditures.
Page 2736
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 at the January 1973 Session of the General Assembly of Georgia, a bill to amend an Act establishing a method for providing fire prevention systems in the unincorporated portion of Fulton County, approved March 21, 1951 (Ga. L. 1951, p. 3068), as amended, and for other purposes. This 23 day of January, 1973. Fulton County By: John Tye Ferguson Webb, Parker, Young Ferguson County Attorneys Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that he is the Editor 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 24, 31 days of January, 1973, and on the 7th day of February, 1973. As provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 7th day of February, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. Approved April 17, 1973.
Page 2737
FULTON COUNTYCIVIL COURTDESTRUCTION OF CERTAIN RECORDS AUTHORIZED. No. 405 (Senate Bill No. 240). An Act to amend an Act creating the Municipal Court of Atlanta (now the Civil Court of Fulton County); approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2200), and an Act approved March 27, 1972 (Ga. L. 1972, p. 3000), so as to authorize the destruction of certain records of said court more than twenty years old; to authorize the destruction or disposition of original papers in dispossessory proceedings and proceedings against tenants holding over more than two years old; to authorize the destruction of cancelled checks and pay-out stubs more than ten years old; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Municipal Court of Atlanta (now the Civil Court of Fulton County), approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved March 9, 1959 (Ga. L. 1959, p. 2200), and an Act approved March 27, 1972 (Ga. L. 1972, p. 3000), is further amended by striking from section 23 (b) thereof, as the same was added by the aforesaid amendatory Act of 1959, the words and figures: twenty-five (25) and inserting in lieu thereof the words and figures twenty (20) so that said Section as amended hereby shall read as follows: Section 23 (b). From and after the passage of this Act, the Clerk of the Civil Court of Fulton County shall be authorized and may from time to time upon the direction of the chief judge of said court, destroy or dispose of old records of said court which have served their usefulness and, which in the opinion of said chief judge, have no further value to the court or to the public, but are merely occupying valuable filing space. The authority hereby granted shall include all of the books, papers and documents of said court now in the possession of said clerk or which may hereafter come into
Page 2738
his possession, of any nature and kind whatsoever, which in the case of civil pleadings are at least twenty (20) years old and in the case of criminal warrants, are at least five (5) years old, and which, as aforesaid, in the opinion of the chief judge of said court have served their usefulness and are no longer of value to anyone. Nothing in this Act shall authorize the destruction or disposal of the minutes, the dockets or the indices of the Civil Court of Fulton County. Authorization. Section 2. Said Act is further amended by striking from section 30A thereof as the same was added by said amendatory Act of 1972, the words five years, and inserting in lieu thereof the words two years, so that said section as amended hereby shall read as follows: Section 30A. Notwithstanding any other provision of law, the Clerk of the Civil Court of Fulton County is hereby authorized to dispose of the original papers in any dispossessory proceedings or any proceeding against tenants holding over at any time following two years from the expiration of the time for filing a notice of appeal from any final order in such proceedings. Section 3. Said Act is further amended by inserting following section 30A thereof, a new section to be known as section 30B, which shall read as follows: Section 30B. Notwithstanding any other provisions of law, the Clerk of the Civil Court of Fulton County is hereby authorized to dispose of cancelled checks and pay-out stubs after the same have been retained for a period of at least ten (10) years from the date thereof. 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, 1973 Session of the General Assembly of Georgia a Bill to amend an Act creating a Municipal Court of Atlanta, (now the Civil Court of Fulton County), approved
Page 2739
March 20, 1913 (Ga. L. 1913, p. 145), as amended, and for other purposes. This 23 day of January, 1973. Fulton County By: John Tye Ferguson Webb, Parker, Young Ferguson County Attorneys Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she is the Editor 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 24, 31 days of January, 1973, and on the 7th day of February, 1973. As provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 7th day of February, 1973. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Dec. 15, 1975. Approved April 17, 1973. CITY OF OAKWOODCHARTER AMENDEDMINIMUM STREET WIDTHS PROVIDED, ETC. No. 407 (Senate Bill No. 263). An Act to amend an Act incorporating and granting a new charter to the City of Oakwood, approved March 4, 1966
Page 2740
(Ga. L. 1966, p. 3227), so as to provide for the minimum width of the driving surface of streets; to provide for the minimum width of the right-of-way of streets; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating and granting a new charter to the City of Oakwood, approved March 4, 1966 (Ga. L. 1966, p. 3227), is hereby amended by adding at the end of section 53 the following: Streets in the City shall have a driving surface of at least 40 feet in width and a right-of-way on each side of the street at least 10 feet in width. so that when so amended section 53 shall read as follows: Section 53. Streets, powers generally. The city shall have the power and authority to open, lay out, grade, widen, construct, pave, repave, curb, and otherwise permanently improve any and all streets, sidewalks, and ways, and to maintain, relocate, repair, repave, extend, abandon or close them, and to construct, maintain, repair, replace and remove street curbing, sidewalks, alleys or ways. To provide funds for these purposes, all sidewalks, curbing and service sewer construction costs, except costs of service sewers which cannot serve the abutting real estate nor the owners thereof, shall be assessed against the abutting real estate and owners thereof, as previously provided in section 51, but only on the side of the street on which such improvements are made, if on one side only. One-third of the cost of street construction may be assessed against abutting real estate and owners thereof on one side of such street, and one-third against abutting real estate and the owners thereof on the other side, the city paying the remaining third. In real estate subdivisions all street construction costs shall be assessed against the abutting real estate and owners thereof. Cost of maintenance and repair of all city streets shall be paid out of the city treasury, except in special cases provided for by the city ordinances. Streets in the city shall have a driving surface
Page 2741
of at least 40 feet in width and a right-of-way on each side of the street at least 10 feet in width. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act incorporating and granting a new charter to the City of Oakwood, approved March 4, 1966 (Ga. L. 1966, p. 3227), so as to provide for the minimum width of the driving surface of streets; to provide for the minimum width of the right-of-way of streets; to repeal conflicting laws; and for other purposes. This 29th day of January, 1973. Howard T. Overby Senator, 49th District Doug Whitmire Representative, 9th District W. M. Williams Representative, 9th District Joe T. Wood Representative, 9th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times
Page 2742
which is the official organ of Hall County, on the following dates: January 29, February 5, 12, 1973. /s/ Howard T. Overby Senator, 49th District Sworn to and subscribed before me, this 14th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. Approved April 17, 1973. TOWN OF WATKINSVILLECHARTER AMENDEDELECTION PROVISIONS CHANGED, ETC. No. 409 (Senate Bill No. 270). An Act to amend an Act reincorporating the Town of Watkinsville, approved August 29, 1891 (Ga. L. 1890-91, Vol. II, p. 720), as amended, particularly by an Act approved February 27, 1962 (Ga. L. 1962, p. 2435), so as to provide that the Mayor shall be elected by a majority vote; to provide for staggered terms for Councilmen; to provide for Council Posts; 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 reincorporating the Town of Watkinsville, approved August 29, 1891 (Ga. L. 1890-91, Vol. II, p. 720), as amended, particularly by an Act approved February 27, 1962 (Ga. L. 1962, p. 2435), is hereby amended by striking section V in its entirety and inserting in lieu thereof a new section V, to read as follows:
Page 2743
Section V. (a) Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. (b) An election shall be conducted annually in said Town, at such place or places as may be designated by the Mayor and Council, on the third Wednesday in September. On the third Wednesday in September, 1973, the Mayor and five Councilmen shall be elected. The Mayor shall be elected by a majority vote, and he shall serve for a term of office of two years and until his successor is duly elected and qualified. The candidates for Councilmen shall announce their candidacy for one of five Posts. Posts to be filled shall be designated as Posts One, Two, Three, Four and Five, respectively. These candidates elected to Posts One and Two in the 1973 election shall each serve for a term of office of two years and until their successors are duly elected and qualified. Those candidates elected to Posts Three, Four and Five in the 1973 election shall each serve for a term of office of three years and until their successors are duly elected and qualified. Thereafter, all Councilmen elected in subsequent elections shall each serve for a term of office of two years and until their successors are duly elected and qualified. Persons seeking election as Councilmen must designate the particular Post for which they are offering as a candidate. The candidates receiving a plurality of the votes cast shall be declared as Councilman for the particular Post for which they qualified. Election. (c) The Mayor and Councilmen shall be elected by the qualified voters of the entire Town of Watkinsville. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that I shall introduce a bill in the 1973 session of the General Assembly to amend the Town Charter of the Town of Watkinsville, so as to provide that the Mayor shall be elected by a majority vote; to provide for
Page 2744
staggered terms of Councilmen; to provide for Council Posts; and for other purposes. This 2nd day of January, 1973. Paul C. Broun Senator, 46th District Georgia, Oconee County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clifton B. Bostock, who on oath, deposes and says that he is the publisher and editor of The Oconee Enterprise, official organ of Oconee County, Georgia, and that the attached copy of Notice of intention to introduce local legislation was published in The Oconee Enterprise on the following dates: January 3, 1973; January 10, 1973; and January 17, 1973. /s/ Clifton B. Bostock Editor and Publisher of The Oconee Enterprise Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Wendell L. Dawson Notary Public, Georgia State at Large. My Commission Expires May 27, 1974. Approved April 17, 1973. RICHMOND COUNTYCIVIL COURTCONTEMPT PENALTY CHANGED, ETC. No. 411 (Senate Bill No. 282). An Act to amend an Act creating the Civil Court of Richmond County, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, particularly by an Act approved March
Page 2745
31, 1971 (Ga. L. 1971, p. 2745), so as to redefine the words principal amount sworn to or claimed to be due; to change the penalty for punishment for contempt; to change the compensation of the associate judge; to change the compensation of the chief judge; to change the compensation of the clerk of said court; to change the compensation of the chief deputy clerk of said court; to change the compensation of the deputy clerks of said court; to change the compensation of the sheriff of said court; to change the compensation of the chief deputy sheriff and deputy sheriffs; to provide for two office secretaries whose salaries shall be fixed by the chief judge; to change the compensation of the court reporter 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 Civil Court of Richmond County, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2745), is hereby amended by striking section 2 of said amendatory Act of 1971 in its entirety and inserting in lieu thereof a new section 2, to read as follows: 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 $10,000.00, 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 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 plaintiff,
Page 2746
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. Jurisdiction. Section 2. Said Act is further amended by striking section 7 of said amendatory Act of 1971 in its entirety and inserting in lieu thereof a new section 7, to read as follows: 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, 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 $300.00 and/or thirty 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
Page 2747
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. Judges. Contempt. Section 3. Said Act is further amended by striking section 8 of said amendatory Act of 1971 in its entirety and inserting in lieu thereof a new section 8, to read as follows: 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 $13,500.00 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 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. Section 4. Said Act is further amended by striking section 9 of said amendatory Act of 1971 in its entirety and inserting in lieu thereof a new section 9, to read as follows: Section 9. The salary of the chief judge of Civil Court shall be $17,250.00 per annum; the salary of the clerk of said court shall be fixed by the chief judge from time to time at an amount not to exceed $9,345.00 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 $7,396.00 per annum, and the clerk of
Page 2748
said court shall have the power by and with the consent of the chief judge of said court to appoint six 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 $6,200.00 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 $9,350.00 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 $7,600.00 per annum, and eleven 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 $6,800.00 per annum; and two office secretaries whose salaries shall be fixed by the chief judge from time to time at an amount not to exceed $5,200.00 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 for paying out the money of said county and charged as part of the expenses of said court. Chief judge. Section 5. Said Act is further amended by striking section 9A of said amendatory Act of 1971 in its entirety and inserting in lieu thereof a new section 9A, to read as follows: Section 9A. In addition to the personnel which the chief judge may appoint as hereinbefore provided, said judge 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
Page 2749
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 $5,400.00 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 6. All laws and parts of laws in conflict with this Act are hereby repealed. 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 1973, for the enactment of the local legislation to amend the Act creating the Civil Court, Richmond County, Georgia, approved August 28, 1931, page 270, as heretofore amended. Said Acts appear in Ga. L. 1965, pp. 2144 through 2167, and Ga. L. 1966, pp. 3312 through 3315 approved March 7, 1966, an Act approved April 13, 1967, Ga. L. 1967, pp. 3044-3050, and an Act approved March 24, 1970, Ga. L. 1970, pp. 3436-3452, Act approved March 31, 1971, Ga. L. 1971, pp. 2745-2768. This 14th day of December 1972. L. W. Cooper Chief Judge, Civil Court Richmond County Georgia Sworn to and subscribed before me, this 14th day of December, 1972. /s/ Donna D. Hobbs Notary Public Richmond County, Georgia.
Page 2750
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 29, 1972-January 5, 12, 1973. W. S. Morris, III Pres. Publisher, Pres., Southeastern Newspapers Corp., Publisher of the Augusta Herald Sworn to and subscribed before me, this 12th day of January, 1973. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Ga. My Commission Expires Feb. 13, 1973. Approved April 17, 1973. SMALL CLAIMS COURTCERTAIN COUNTIESJURISDICTION CHANGED, ETC. (34,500-39,500). No. 415 (Senate Bill No. 306). An Act to amend an Act creating a small claims court in certain counties in this State, approved March 7, 1957 (Ga. L. 1957, p. 2635), as amended, so as to change the jurisdiction of said courts; to change the cost provisions of said courts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 2751
Section 1. An Act creating a small claims court in certain counties in this State, approved March 7, 1957 (Ga. L. 1957, p. 2635), as amended, is hereby amended by striking from section 1 the following: $500.00, and inserting in lieu thereof the following: $750.00, so that when so amended, section 1 shall read as follows: Section 1. There is hereby created and established 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 or any future such census, 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 exceed $750.00, said jurisdiction 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 including like powers granted to justices of peace by the laws of the State of Georgia. Jurisdiction. Section 2. Said Act is further amended by striking section 8 in its entirety and inserting a new section 8 to read as follows: Section 8. The plaintiff, when he files his claim, shall deposit the sum of $7.60 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $7.60. If a party shall fail to pay an accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in
Page 2752
the discretion of the judge, and such costs shall be taxed in the cause at his discretion. Costs. Section 3. Said Act is further amended by striking from section 10(a) the following: seven dollars and fifty cents ($7.50), and inserting in lieu thereof the following: seven dollars and sixty cents ($7.60), so that when so amended, section 10 (a) shall read as follows: Section 10 (a). 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 filed 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 sixty cents ($7.60) for every such claim case. The same practice and procedure shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five (5) days after a claim affidavit and bond is 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 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973.
Page 2753
CITY OF THOMASVILLEBOARD OF EDUCATIONELECTION OF MEMBERS PROVIDED, ETC. No. 418 (Senate Bill No. 313). An Act to amend an Act establishing a system of public schools in the City of Thomasville, approved November 30, 1900 (Ga. L. 1900, p. 451), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2359), so as to provide that henceforth citizens elected to the Board of Education for the City of Thomasville shall be chosen to fill seven distinct and designated posts; that these shall be seven consecutively numbered posts to be filled, to-wit: Posts numbered One, Two, Three, Four, Five, Six and Seven; to provide for the identification of such posts by reference to the names of the incumbent members of the board of education; to provide that Posts One, Four and Five shall be designated by certain geographical boundaries and that Posts Two, Three, Six and Seven shall be arbitrary designations and shall have no reference to political or geographical subdivisions of the city; to provide that any Act or ordinance extending the city limits of the city shall provide also which of the posts designated by certain geographical boundaries such extension shall be made a part of; to provide that candidates for Posts One, Four and Five must live within the geographical boundaries of the post they seek and that candidates for Posts Two, Three, Six and Seven may live anywhere within the city; to provide that each candidate shall indicate the post to which he seeks election; that at the general election held in the year 1973, there shall be chosen a candidate to fill each of the Posts numbered One, Two and Three; that they shall be elected for a term of four years beginning January 1, 1974, and that at the general election to be held in the year 1975, there shall be elected a candidate to fill each of the Posts numbered Four, Five, Six and Seven; that they shall be elected for a term of four years beginning January 1, 1976; to provide for the time, place and manner of elections, for the supervision and control of these elections, for the tabulation of votes, and for run-off elections; and for the filling of vacancies on the board as they might occur; to provide for the eligibility
Page 2754
of candidates; to provide for the qualification of voters in these elections; to provide that this Act shall in no wise change the existing charter or form of government of the City of Thomasville except as to the manner of the election and the terms of office of the members of the Board of Education for the City of Thomasville; to provide the effective date of this Act; to repeal all laws or parts of laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a system of public schools in the City of Thomasville, approved November 30, 1900 (Ga. L. 1900, p. 451), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2359), 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. There shall be a board of education for said City of Thomasville under the corporate name of the Board of Education for the City of Thomasville, with the right to sue and to be sued in the said corporate name. Said board shall consist of seven (7) members, to be elected by the qualified voters of said city. Henceforth the citizens elected to the Board of Education for the City of Thomasville shall be chosen to fill seven (7) distinct and designated posts; that these shall be seven (7) consecutively numbered posts to be filled as follows: Posts numbered One, Two, Three, Four, Five, Six and Seven. (Post number One is the post now held by Sam L. Martin; Post Number Two is the post now held by William B. King; Post number Three is the post now held by Nat M. Williams; Post Number Four is the post now held by Ernie Morgan; Post number Five is the post now held by Charlie Beene; Post number Six is the post now held by James W. Keyton, Jr.; Post number Seven is the post now held by Thomas K. Vann, Jr.). Post number One shall consist of the geographical area within the City of Thomasville described as follows: Board of Education. Begin at a point where the western margin of U. S. Highway 19 (Business) intersects with the southern margin of Pine Tree Boulevard west on the north side of the City of
Page 2755
Thomasville, run thence in a southeasterly direction along said Highway 19 to a point where said Highway 19 (also known at that point as South Madison Street) intersects on the northeast with Remington Avenue and on the southwest with Lee Street; continue thence in the same southeasterly direction along Madison Street to a point where Madison Street intersects with South Street; run thence in a southerly direction along South Street to a point where South Street intersects with Pear Street; run thence in a westerly direction along Pear Street to a point where Pear Street intersects with the continuation of South Street; run thence along said continuation of South Street to a point where South Street intersects with Azalea Street, run thence along an imaginary line running in the same direction as said continuation of South Street to a point where such imaginary line would intersect with Pine Tree Boulevard South, said point being on the southern City limits line of the City of Thomasville; run thence in a westerly direction along said city limits line and continue along said city limits line to a point where said city limits line intersects with U. S. Highway 19 (Business) on the north side of the City of Thomasville, said point being the point of beginning of the description of the geographical area designated as Post number One. Post no. 1. Post Number Four shall consist of the geographical area within the City of Thomasville described as follows: Begin at a point where the eastern margin of U. S. Highway 19 (Business) intersects with the southern margin of Pine Tree Boulevard North on the north side of the City of Thomasville, run thence in a southeasterly direction along said Highway 19 to a point where said Highway 19 (also known at that point as South Madison Street) intersects on the northeast with Remington Avenue; run thence in a northeasterly direction along Remington Avenue to a point where Remington Avenue intersects with Pine Tree Boulevard East, said point being on the eastern city limits of the City of Thomasville; run thence along said city limits line in an easterly direction and continue along said line to a point where said city limits line intersects with U. S. Highway 19 (Business) on the north side of the City of
Page 2756
Thomasville, said point being the point of beginning of the description of the geographical area designated as Post number Two. Post no. 4. Post number Five shall consist of the geographical area within the City of Thomasville described as follows: Begin at a point where the southeasterly margin of Remington Avenue intersects with the western margin of Pine Tree Boulevard East on the East side of the City of Thomasville, run thence in a southwesterly direction along Remington Avenue to a point where Remington Avenue intersects with South Madison Street; run thence in a southeasterly direction along South Madison Street to a point where South Madison Street intersects with South Street; run thence in a southerly direction along South Street to a point where South Street intersects with Pear Street; run thence in a westerly direction along Pear Street to a point where Pear Street intersects with the continuation of South Street; run thence along said continuation of South Street to a point where South Street intersects with Azalea Street; run thence along an imaginary line running in the same direction as said continuation of South Street to a point where such imaginary line would intersect with Pine Tree Boulevard South, said point being on the southern city limits line of the City of Thomasville; run thence in an easterly direction along said city limits line and continue along said line to a point where said city limits line intersects with Remington Avenue on the east side of the City of Thomasville, said point being the point of beginning of the description of the geographical area designated as Post number Three. Post no. 5. Any Act or ordinance providing for the extension of the city limits of the City of Thomasville shall designate whether such extension is a part of Post One, Four or Five or the manner in which such extension shall be apportioned among more than one of said Posts. Posts numbered Two, Three, Six and Seven shall be arbitrary designations and shall have no reference to political or geographical subdivisions of the city.
Page 2757
Candidates for Post One must live within the geographical area described as Post One; candidates for Post Four must live within the geographical area described as Post Two; candidates for Post Five must live within the geographical area described as Post Five; candidates for Posts Two, Three, Six and Seven may live anywhere within the City of Thomasville. Each candidate at the time of requesting that his or her name be placed on the ballot shall plainly indicate the post to which he or she seeks election. At the general election to be held in the year 1973 there shall be chosen a candidate to fill each of the Posts numbered One, Two and Three, and they shall be elected for a term of four years, to begin on January 1, 1974, and to continue until their successors are elected and qualified. At the election to be held in the year 1975 there shall be elected a candidate to fill each of the Posts numbered Four, Five, Six and Seven, who shall be elected for a term of four years, to begin on January 1, 1976, and to continue until their successors are elected and qualified. It is the purpose and intent of this Act that there shall always be seven (7) members duly elected to serve on said board; their elections, the post in which they serve, and the duration of their terms to be determined by a continuation of the pattern, as set out hereinabove, at each successive general election. Said elections shall be held at the same time and place as those general elections held for the purpose of electing the members of the Board of Commissioners for the City of Thomasville and shall be under the supervision and control of the Board of Commissioners of said city and under the laws now of force for holding elections for members of the Board of Commissioners or formerly for mayor and aldermen for said city. The returns for said elections shall be made to said Board of Commissioners who shall declare the results thereof. In the event that at these general elections no candidate shall receive a simple majority of the votes cast for persons seeking election to the same designated post, then and in that event, a new run-off election shall be called by the Board
Page 2758
of Commissioners to be held on the second Tuesday in December immediately following the general election. At this election it shall be determined which of the two candidates receiving the highest number of votes, among those candidates seeking election to the same designated posts, shall be elected to serve in such posts. In the event that a run-off election should result in a tie vote, a new election shall be called by the Board of Commissioners to determine which of these candidates shall be elected. Vacancies on the board of education caused by death, resignation, removal from the city, or otherwise, shall be filled by the board of education, a majority vote of all the remaining members being necessary for such election. No person shall be eligible for election to said board who is not eligible for election for commissioner of said city. No person shall be eligible for election to membership on said board who at the time of his election is a commissioner of said city. All citizens of the City of Thomasville who have registered and have been qualified as registered voters of said City of Thomasville in accordance with the Act of the General Assembly of the State of Georgia for 1931, page 992 et seq. shall be eligible to vote in each general election for one candidate for each of the posts to be filled at such general election. Provided: that, all such elections shall be held at one voting precinct at the City Hall in said city, at which all voters therein shall cast their ballots. Section 2. It is the intent and purpose of this Act that it shall in no wise change the existing charter or form of government of the City of Thomasville, except as to the manner of election, terms of office of the members of the board of education to be elected after the effective date of this Act. Intent. Section 3. Nothing contained in this Act shall affect the term of office of the present Board of Education of the City of Thomasville or any other officer of the City of Thomasville now serving as such, or any officer of the City of
Page 2759
Thomasville elected at the general election of the City of Thomasville held on the first Tuesday in December, 1971. Section 4. This Act shall become effective upon its approval by the Governor or opon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given to whom it may concern that after three (3) weeks' publication of this notice, and within sixty (60) days hereof, there will be introduced for passage by the Legislature of Georgia a bill with the title and caption as follows: An Act to amend an Act establishing a system of public schools in the City of Thomasville, approved November 30, 1900, (Ga. L. 1900, p. 451), as amended by Acts approved July 20, 1904, (Ga. L. 1904, p. 328), August 19, 1911, (Ga. L. 1911, p. 1599), August 7, 1914, (Ga. L. 1914, p. 1205), July 30, 1915, (Ga. L. 1915, p. 852), July 29, 1919, (Ga. L. 1919, p. 1360), March 9, 1945, (Ga. L. 1945, p. 1111), March 9, 1945, (Ga. L. 1945, p. 1127), February 9, 1949, (Ga. L. 1949, p. 396), April 5, 1961, (Ga. L. 1961, Vol. II, p. 3451), February 27, 1962, (Ga. L. 1962, p. 2301), March 14, 1967, (Ga. L. 1967, Vol. II, p. 2115), and March 21, 1968 (Ga. L. 1968, p. 2359), so as to provide that henceforth citizens elected to the Board of Education for the City of Thomasville shall be chosen to fill seven distinct and designated posts; that these shall be seven consecutively numbered posts to be filled, to-wit: Posts numbered One, Two, Three, Four, Five, Six, and Seven; to provide for the identification of such posts by reference to the names of the incumbent members of the Board of Education; to provide that Posts One, Four and Five shall be designated by certain geographical boundaries and that Posts Two, Three, Six and Seven shall be arbitrary designations and shall have no reference to political or geographical subdivisions of the City; to provide that any Act or ordinance extending the city limits of the City shall provide
Page 2760
also which of the posts designated by certain geographical boundaries such extension shall be made a part of; and to provide that candidates for Posts One, Four and Five must live within the geographical boundaries of the post they seek and that candidates for Posts Two, Three, Six and Seven may live anywhere within the city; to provide that each candidate shall indicate the post to which he seeks election; that at the General Election held in the year 1973, there shall be chosen a candidate to fill each of the Posts numbered One, Two and Three; that they shall be elected for a term of four years beginning January 1, 1974; and that at the General Election to be held in the year 1975, there shall be elected a candidate to fill each of the Posts numbered Four, Five, Six and Seven; that they shall be elected for a term of four years beginning January 1, 1976; to provide for the time, place and manner of elections for the supervision and control of these elections, for the tabulation of votes and for run-off elections; and for the filling of vacancies on the Board as they might occur; to provide for the eligibility of candidates; to provide for the qualification of voters in these elections; to provide that this Act shall be no wise change the existing Charter or form of government of the City of Thomasville except as to the manner of the election and the terms of office of the members of the Board of Education for the City of Thomasville; to repeal all laws or parts of laws in conflict herewith; to provide the effective date of this Act; and for other purposes. This the 17th day of January, 1973. Michael N. Herndon Senator, 10th District, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michael N. Herndon who, on oath, deposes and says that he is Senator from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Enterprise which is the official organ of Thomas
Page 2761
County, on the following dates: January 19, 26, February 2, 1973. /s/ Michael N. Herndon Senator, 10th District Sworn to and subscribed before me, this 20th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1973. DADE COUNTYCOMPENSATION OF COMMISSIONER CHANGED, ETC. No. 419 (Senate Bill No. 322). An Act to amend an Act creating the office of Commissioner of Roads and Revenues for Dade County, approved March 9, 1959 (Ga. L. 1959, p. 2382), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2967), an Act approved February 28, 1966 (Ga. L. 1966, p. 2505), an Act approved March 17, 1967 (Ga. L. 1967, p. 2261), and an Act approved February 13, 1970 (Ga. L. 1970, p. 2042), so as to change the provision relative to compensation of the commissioner; to increase the allowance for employing 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 creating the office of Commissioner of Roads and Revenues for Dade County, approved March 9, 1959 (Ga. L. 1959, p. 2382), as amended by an Act approved March 3, 1962 (Ga. L. 1962, p. 2967), an Act approved February 28, 1966 (Ga. L. 1966, p. 2505), an Act approved
Page 2762
March 17, 1967 (Ga. L. 1967, p. 2261), and an Act approved February 13, 1970 (Ga. L. 1970, p. 2042), 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 commissioner shall be compensated in the amount of $10,500.00 per annum, to be paid in equal monthly installments from the funds of Dade County, and the commissioner shall devote his full time to the duties of his office. He shall also be paid from the county funds at the end of each calendar month the sum of $200.00 for traveling expenses outside and inside the county on county business; provided that said commissioner uses his individually owned automobile in traveling on county business outside and inside the county. This expense allowance is to cover all of said commissioner's traveling expenses, except that, when traveling outside the county on county business on trips exceeding round trip mileage of 150 miles and requiring overnight stay, he shall be entitled to $35.00 per diem. Attending County Commissioner's Association meetings shall be considered county business. Before receiving such per diem pay the commissioner must file a signed itemized statement therefor. Salary. Section 2 . 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. The commissioner shall have and exercise all the powers which are vested by law in the judges of the inferior courts and ordinaries when sitting for county purposes except that of supplying by appointment all vacancies in county offices and in ordering elections to fill them, and is hereby expressly given complete power, authority and control relative to county matters of Dade County, which shall include the power and authority to do all things and perform all acts which are necessary and essential to carry on the affairs of Dade County. The commissioner is hereby authorized to employ necessary personnel including a county attorney and a clerk or deputy and fix their compensation to assist in the performance of the duties imposed by this Act. However, the expense for hire of a clerk, deputy, or other clerical help in his office shall not exceed $5,000 in
Page 2763
any calendar year. However, in the event such clerk or deputy travels outside the county on county business, or attending schools or training courses related to county business operations, and such trip involves over 150 miles round trip travel, and requires overnight stay, such clerk or deputy shall be entitled to receive 10 cents per mile and $20.00 per diem as additional compensation upon filing with the commissioners a signed itemized statement therefor. In the event the commissioner needs additional help in his office from time to time he is hereby authorized to employ such help but the expense therefor shall not exceed $1,200.00 in any calendar year. Powers. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Notice is hereby given that there will be introduced at the 1973 session of the General Assembly of the State of Georgia a bill to amend an act creating the office of the County Commissioner of Dade County, as amended March 9, 1950, so as to change the compensation of the Commissioner; to change the per diem of said Commissioner when on certain overnight stays; to change the compensation of the clerical help of said Commissioner; to repeal conflicting laws and for other purposes. This 26th day of December, 1972. /s/ Douglas Miller Commissioner of Dade County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. G. Summers who,
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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: December 28, 1972 and January 4, 11, 1973. /s/ E. G. Summers Senator, 53rd District Sworn to and subscribed before me, this 8th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1973. DADE COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 420 (Senate Bill No. 323). An Act to amend an Act placing the Sheriff of Dade County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2193), as amended by an Act approved March 17, 1967 (Ga. L. 1967, p. 2264), so as to change the compensation of the sheriff; to change the provisions relative to the salaries and expenses of deputy sheriffs and personnel of the sheriff's office; to provide for the formulation, submission and approval of an annual budget for the operation of the sheriff's office; to provide for the arbitration of disputes relative to budgetary matters; to prohibit county law enforcement agencies other than the sheriff's department in the unincorporated area of Dade County; to provide for other matters relative to the foregoing; to provide
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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 Dade County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2193), as amended by an Act approved March 17, 1967 (Ga. L. 1967, p. 2264), is hereby amended by striking from section 2 the following: $7,200.00, and inserting in lieu thereof the following: $10,000.00, so that when so amended, section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of $10,000.00, payable in equal monthly installments from the funds of Dade County. Salary. Section 2. Said Act is further amended by striking section 3 in its entirety. Section 3. Said Act is further amended by adding between section 3 and section 4, a new Section, to be designated section 3A, to read as follows: Section 3A. (a) The fiscal year of the Sheriff of Dade County shall commence on January 1 and end on December 31 of each year. At such time as is designated for the preparation of county budgets, but in any event no later than June 1 of each year, the sheriff shall certify to the governing authority of Dade 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 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
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for the ensuing year. Each proposed budget shall show the estimated amounts of all proposed expenditures for operattion 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: Budget. (1) Salary of the sheriff. (2) Salaries of deputies and assistants. (3) Travel expenses. (4) Miscellaneous Expenses. (5) Equipment. (6) Investigations. (7) Salaries for jailers, cooks, and secretarial help. (8) Such other items as may be required by the governing authority. The sheriff shall furnish the governing authority of Dade County all relevant and pertinent information concerning expenditures made in previous years and concerning the proposed expenditures, which said governing authority shall 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. Not later than June 15 of each year such budget shall be reviewed by the governing authority, and if said budget is approved by said governing authority, the same shall be the budget for the ensuing year or until amended as hereinafter provided, and the governing authority is hereby authorized and directed to expend the sums provided in such budget for the operation of such office. The sheriff shall not submit nor shall the governing authority of Dade County approve a budget for the operation of the sheriff's
Page 2767
office in excess of $50,000 per annum. However, if said governing authority disapproves the budget submitted by the sheriff, it shall enter its disapproval thereon in writing within ten (10) days from the filing of same in its office and shall transmit the same to the advisory board to the governing authority of Dade County, hereinafter created. (b) There is hereby created an advisory board to the governing authority of Dade County to approve, revise or fix the annual budget for the operation of the office of the sheriff in the event the sheriff and the governing authority of Dade County cannot agree upon the proposed annual budget. The advisory board shall be composed of one member appointed by the sheriff, one member appointed by the governing authority of Dade County, and one member appointed by the members appointed by the governing authority and sheriff. If the members appointed by the sheriff and governing authority cannot agree upon the appointment of the third member, the senior judge of the superior court of Dade County shall appoint such third member. Said persons appointed to the advisory board shall be 21 years of age or over, qualified to vote for members of the General Assembly, and residents of Dade County. Said persons shall be appointed to terms of office of one (1) year each and until their successors are elected and qualified. Advisory board. (c) Upon receipt of such annual budget by the advisory board of the governing authority, it shall review the same and it is hereby empowered to approve the budget as submitted; revise the same or set a new budget for the operation of the sheriff's office within five (5) days from the date of disapproval by the governing authority. Provided, however, that prior to the rendition of a final decision altering, revising, or setting a new budget for the sheriff, the said advisory board shall set a time and date certain for the sheriff to appear and present evidence supporting said budget. (d) The advisory board may act on any budget or application for amendment to said budget at any regular or special meeting at which a majority of the board members are
Page 2768
present and the decision of a majority of said members shall control. (e) The budget for the sheriff as finally determined and set by said board shall be signed by a majority of the advisory board and filed in the office of the governing authority where it shall be kept as a part of the minutes of said office and said budget as finally set by said board shall be conclusive and the sheriff and the governing authority shall abide by same until amended as hereinafter provided. A copy of the final budget shall be served upon the sheriff. (f) For every fiscal year after the 1974 fiscal year, the budget, with all amendments thereto, for the year immediately preceding shall be operative for and during the time allowed herein for the review of the new budget by the governing authority and advisory board; provided, however, that the budget as finally approved by the governing authority or set by the advisory board shall be retroactive to the first day of the year for which said budget is submitted. For the fiscal year 1974, the governing authority shall pay all sums which become due and payable under the budget submitted by the sheriff notwithstanding the fact that the budget might not have been approved; provided, however, that if the governing authority disapproves one or more of the budgets submitted by the sheriff, it shall be authorized to revise the same and pay only the sums it deems necessary for the period provided herein for the review of the budget by the advisory board, and provided further, that the budget as finally determined and set by the advisory board shall be retroactive to the first day of the year for which said budget is submitted. (g) If for any reason it appears to the sheriff that the budget finally determined is insufficient due to an emergency or any cause to operate the sheriff's office, the sheriff shall file a written application requesting an amendment of such budget with the governing authority. The governing authority shall review said application for amendment and shall, within five (5) days from the filing of same, enter its decision thereon. If the same is approved by the governing
Page 2769
authority, it shall be authorized and is hereby directed to expend the sums called for in the budget so amended. If the same is disapproved by the governing authority, it shall immediately and within five (5) days from the filing of such application in its office, submit same to the advisory board to the governing authority and said advisory board shall act on said application within ten (10) days from the filing of same. The advisory board shall have authority to amend said budget and is hereby empowered to direct the governing authority to make additional expenditures for the operation of such sheriff's office. Any such amendment allowed by the advisory board shall be retroactive to the date of filing of application for same. The sheriff shall have the right to file application for amendment to his budget from time to time as the need may arise. In filing such application, it shall not be necessary to meet any formal requisite of pleading, the only thing being required is that a written statement be filed that there is a need for amendment and the amount requested. (h) At such time as application for amendment is filed, the advisory board shall set a date and time certain for hearing evidence of the need for such amendment and the officer filing same shall be notified of the time fixed by the board. Section 4. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof, a new section 6, to read as follows: Section 6. The 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 and to fix their respective compensation. 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 2770
Section 5. 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 necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from funds of the county budgeted and appropriated for such purposes as provided by the provisions of section 3 of this Act. All supplies, materials, furnishings, furniture and utilities and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office and the operation of the jail shall be furnished by the county and shall be paid from funds budgeted and appropriated for the operation of the sheriff's office as provided by section 3. Expenses. Section 6. Said Act is further amended by adding between section 7 and section 8 a new Section, to be designated section 7A, to read as follows: Section 7A. There shall be no county law enforcement agency in the unincorporated areas of Dade County other than the Dade County Sheriff's Department. Section 7. The provisions of this Act shall become effective January 1, 1974, except section 1 and section 3, which shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Notice is hereby given that there will be introduced at the 1973 session of the General Assembly of the State of Georgia a bill to amend an act establishing a salary system of compensation for the Sheriff of Dade County, approved February 28, 1966, as amended, as to change the compensation of the Sheriff; to authorize the Sheriff to hire a chief deputy, to provide a budget for the entire expense of the Sheriff's
Page 2771
department including the Sheriff and Chief Deputy's salary; for the total operation of the Sheriff's department; to provide for submission of said budget to the office of the County Commissioner; to provide for arbitration in the event of disapproval of said budget by the County Commissioner; to authorize the sheriff to sell all confiscated automobiles, trucks, motorcycles, guns, burners, tanks, piping and other materials, the proceeds of which shall be paid into the county treasury; to repeal conflicting laws; and for other purposes. To provide that the sheriff shall be the sole law officer in the county. This the 26th day of December, 1972. Charles C. Morgan Sheriff, Dade County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. G. Summers 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 offical organ of Dade County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ E. G. Summers Senator, 53rd District Sworn to and subscribed before me, this 8th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1973.
Page 2772
DADE COUNTYCOMPENSATION OF ORDINARY INCREASED, ETC. No. 421 (Senate Bill No. 324). An Act to amend an Act placing the Ordinary of Dade County on a salary basis in lieu of a fee basis, approved March 9, 1959 (Ga. L. 1959, p. 2390), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2229), and an Act approved February 21, 1970 (Ga. L. 1970, p. 2121), so as to change the compensation of the Ordinary of Dade County; to provide an effective date; to increase the allowance for employing deputies and clerks; 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 Dade County on a salary basis in lieu of a fee basis, approved March 9, 1959 (Ga. L. 1959, p. 2390), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2229), and an Act approved February 21, 1970 (Ga. L. 1970, p. 2121), is hereby amended by striking from section 2, the following: $7,200.00, and substituting in lieu thereof, the following: $8,500.00, so that when so amended, section 2 shall read as follows: Section 2. The salary of said ordinary shall be $8,500.00 per year payable in equal monthly installments at the end of each calendar month by the Commissioner of Dade County out of the general funds of Dade County. Salary. Section 2. Said Act is further amended by striking from section 6, the following: $2,400.00,
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and substituting in lieu thereof, the following: $4,200.00, so that when so amended, section 6 shall read as follows: Section 6. The Ordinary of Dade County may employ deputies and clerks for said office, but none of such deputies or clerks shall be paid out of county funds, except that the Commissioner of Dade County shall on or before the 10th day of each month reimburse said ordinary out of county funds for such sums as he may have paid out for hire of such deputies or clerks during the previous calendar month, upon presentation of statement thereof, provided, however, that such sums shall in no event exceed $4,200.00 in any calendar year. 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 to Introduce Legislation. Notice is hereby given that there will be introduced at the 1973 session of the General Assembly of the State of Georgia a bill to amend an act creating the office of Ordinary of Dade County, as amended, so as to change the compensation of the Ordinary; and to provide that all sources of revenue heretofore paid said officer shall be paid to the treasury of Dade County; for clerical help; to repeal conflicting laws and for other purposes. This the 26th day of December, 1972. Charles W. Gray Ordinary, Dade County, Georgia
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. G. Summers 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: December 28, 1972 and January 4, 11, 1973. /s/ E. G. Summers Senator, 53rd District Sworn to and subscribed before me, this 8th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1973. CERTAIN COUNTIESCOMPENSATION OF SHERIFF'S PERSONNEL CHANGED (145,000-165,000). No. 422 (Senate Bill No. 328). An Act to amend an Act changing from the fee to the salary system certain county officers of all counties in this State having a population of not less than 145,000 inhabitants and not more than 165,000 inhabitants according to the United States decennial census of 1970, or any future such census, approved March 28, 1961 (Ga. L. 1961, p. 2688), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3140), so as to change the compensation provisions relative to employees in the sheriff's office; to
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provide 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 all counties in this State having a population of not less than 145,000 inhabitants and not more than 165,000 inhabitants according to the United States decennial census of 1970, or any future such census, approved March 28, 1961 (Ga. L. 1961, p. 2688), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3140), is hereby amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. On and after the date of approval of this Act the sheriff's deputies and assistants in all such counties shall consist of the following: all of whom shall be named from time to time by the sheriff and all and each of whom shall serve as such at the will of the sheriff and be discharged by such sheriff without any claim to any unearned salary or salaries; and the salaries of such deputies and assistants shall be fixed by the sheriff from time to time at an amount not to exceed the following: Personnel. 1 Chief Deputy $979.88 per month 1 Major 882.08 per month 1 Chief Criminal Investigator 782.29 per month 2 Captains 782.29 per month 1 ID Fingerprint Expert 728.41 per month 1 Chief Civil Deputy 782.29 per month 4 Civil Deputies 728.41 per month 6 Lieutenants 728.41 per month 20 Criminal Investigators 728.41 per month 1 Chief Jailer 959.44 per month 61 Patrol Deputies 516.00 to 665.54 per month 2 Bookkeepers (1 jail, 1 office) 656.56 per month 1 Secretary 656.56 per month 13 Assistant Jailers Turnkeys 516.00 to 610.46 per month 9 Clerk-Dispatchers 516.00 to 610.46 per month 6 Deputy Clerks (PBX Operators) 419.79 to 546.09 per month 2 Mechanic Helpers 536.16 per month 4 Office Clerks 419.79 to 546.09 per month 4 Matrons 409.58 to 466.77 per month 1 Assistant Bookkeeper (office) 556.56 per month
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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 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 17, 1973. MILLER COUNTYSTATE COURTACT CREATING REPEALED, ETC.REFERENDUM. No. 427 (Senate Bill No. 349). An Act to repeal an Act creating the State Court of Miller County (formerly the City Court of Miller County), approved March 2, 1935 (Ga. L. 1935, p. 538), as amended; to provide for the disposition of all suits, cases, papers, processes, books, indexes, and all other matters and materials of said court; to provide an effective date; to provide for a referendum; to provide for other matters relative
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to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Miller County (formerly the City Court of Miller County), approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, is hereby repealed in its entirety, and the State Court of Miller County, as provided for therein, is hereby abolished. Section 2. All mesne and final processes for the State Court of Miller County which have not been executed at the time that this Act takes effect shall be returned to the Superior Court of Miller County, Georgia. All civil and criminal cases pending in said State Court of Miller County on the effective date of this Act are hereby transferred to the Superior Court of Miller County. All books, papers and records attaching to such civil actions or such criminal actions shall be transferred to the proper offices of the Superior Court of Miller County, and in all other respects the Superior Court of Miller County shall, on and after the effective date of this Act, stand substitute for the said State Court of Miller County in civil and criminal matters of every kind and nature, and all subsequent proceedings shall be the same as if such cases had been originally filed in the Superior Court of Miller County. All books, records, indexes and property of any nature whatsoever shall be and become the property of the Superior Court of Miller County on and after the effective date of this Act. Nothing contained herein shall be construed to prohibit the Superior Court of Miller County from transferring any pending cases transferred to it by the provisions of this Act to the Court of Ordinary of Miller County or any other court of competent jurisdiction when such cases involve actions coming within the jurisdiction of the Court of Ordinary or such other courts as provided by the Constitution and laws of this State. Disposition of suits. Section 3. It shall be the duty of the Ordinary of Miller County to issue the call for an election for the purpose of submitting this Act to the voters of Miller County for approval or rejection. The Ordinary shall set the date of such
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election for the same day as the general election for members of the General Assembly to be held in 1974. 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 Miller County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act abolishing the State Court of Miller County be approved? Referendum. All persons desiring the 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 at 11:59 p.m. on the 30th day of November, 1974, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Miller 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 at the request of County Commissioners there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to abolish the State Court of Miller County; to provide for the disposition of all suits, cases, papers and other matters of said court; to provide for referendum; and for other purposes. This 30th day of January, 1973. Henry Worsley, Chairman County Commissioners, Miller County, Georgia
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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 Miller County Liberal which is the official organ of Miller County, on the following dates: February 1, 8, 15, 1973. /s/ Julian Webb Senator, 11th District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1973. CITY OF LEXINGTONNEW CHARTER. No. 429 (Senate Bill No. 361). An Act to create a new charter for the City of Lexington; to prescribe the corporate limits of said city; to provide for the government of said city and its corporate powers; to provide for governing authority of said city and for the election, terms of office and powers and duties of the members thereof; to provide for all matters relative to the foregoing; to provide for severability; to repeal specific Acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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ARTICLE I CHARTER, CITY LIMITS AND CORPORATE POWERS Section 1.01. Act to Constitute Charter. This Act shall constitute the entire charter of the City of Lexington, Geogia, repealing and replacing, except as provided in section 1.02, the charter as provided by an Act approved December 13, 1899 (Ga. L. 1899, p. 239), as amended. The City of Lexington, Georgia, in the County of Oglethorpe, and the inhabitants thereof, shall continue to be a body corporate and politic under the name and style, City of Lexington, 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 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 Limits. The corporate limits of the City of Lexington, Georgia, shall be the territory now embraced in and known, and heretofore incorporated in the town of Lexington. 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
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accordance with the laws of 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, 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
Page 2782
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, or under any power or procedure of eminent domain now or hereafter provided by the General Assembly of Georgia. (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 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, said expense to be a lien upon the property for which execution may issue as for property taxes. (m) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment,
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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; to establish fire prevention standards and 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 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 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
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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 to also 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 to in the discretion of the mayor and council by ordinance alter, open or close public streets and public alleys and ways. (v) To regulate land use by the adoption of zoning ordinances, planning ordinances, and other regulatory ordinances; and said ordinances may be adopted pursuant to any general or special public act existing at the time of adoption. (w) To engage the necessary personnel to administer and enforce ordinances, rules, and regulations adopted by the mayor and council. 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.
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ARTICLE II CITY GOVERNMENT Section 2.01. Establishment of City Government. The corporate governmental powers of the City of Lexington shall be vested in a mayor and five councilmen, who shall exercise their powers in such manner as prescribed by this charter, the Constitution and applicable 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 Lexington. 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, 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 Lexington and must be a bona fide resident of the City of Lexington 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. (a) Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. (b) Beginning in 1973 and continuing thereafter, an election shall be held once every two years in said city at such place or places as may be designated by the mayor and council, on the last Saturday in December. (c) The mayor and councilmen of the City of Lexington shall be elected by vote of the entire city. Section 2.04. Terms of Office. The terms of office for mayor and councilmen shall begin on January 1st of the year next succeeding their election and shall continue for two years and until their successors are elected and qualified. The mayor and councilmen shall be installed in office by taking and subscribing the following oath:
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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 Lexington; 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. The mayor elect and councilmen elect shall be installed in office on the first day of January. If the first day of January should fall on Sunday, or if any such officer shall fail to be installed on that day, such installation shall take place as soon thereafter as practicable. Section 2.05 Council. The Council shall hold regular public meetings at a stated time and place as provided by ordinance. The mayor and council of said city shall have full power to fix the time, place and rules of procedure of their regular sessions. The mayor, or the mayor pro tem. and two councilmen, shall have power to convene the council in special session whenever it is deemed proper. The mayor and council shall have the power to establish rules of procedure of their special sessions. The mayor and council shall have full and ample power to do and perform any of their duties or powers at a special or called session as at a regular session. The council may, by ordinance, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the council. A majority of the council shall constitute a quorum. Section 2.06. Mayor as Presiding Officer; Mayor's Vote; Veto Power. (a) The mayor shall preside at meetings of the city council; he shall not be allowed to vote except in the following instances: (1) In the case of a tie vote by the council on any question or measure; (2) In all elections by the mayor and council of the subordinate officers of said city, and members of boards,
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authorities and commissions elected by the mayor and council, even though his vote results in a tie vote and the failure to elect any such officer or member. Where the mayor's vote in the election of a subordinate officer or member causes a tie vote and results in a failure to elect any person to such office, said mayor shall have the power to appoint some competent person to fill such office until such time as the mayor and council shall by a majority vote elect some person to fill such office. (b) Said mayor shall have veto power and the mayor shall have five days after meetings of the council in which to file with the clerk in writing his dissent, but the council may, at the same meeting or at any subsequent meeting within thirty days, pass any such ordinances, order or resolution notwithstanding the veto by a vote of at least three councilmen on a yea and nay vote duly recorded in the minutes. (c) Further, said mayor 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 any such other duties imposed by this charter and by duly adopted ordinances. Section 2.07. Mayor Pro Tem. The mayor and council, annually at their first meeting in January, shall elect one of said councilmen as mayor pro tempore, who shall, in the absence, disability, or disqualification of the mayor, perform all the duties and exercise all the rights, powers and privileges of the office of mayor. Section 2.08. Vacancy in Office of Mayor or Councilman. (a) A vacancy shall exist if the mayor or a councilman resigns, dies, removes his residence from the city, or is absent from four consecutive 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
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in office, or of a felony or any violation of election laws. (b) 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, when a councilman shall be elected to fill the remainder of the unexpired term. (c) 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. Provided, however, that in the event such vacancy occurs within six months next 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., or by any councilman elected by the council for that purpose, and provided further that in the event such vacancy should occur within three months prior to a regular annual election, then in that event no special election shall be called or held, and the vacancy shall be filled by the mayor pro tem., or by any councilman elected by the council for that purpose who shall serve until such regular annual election and the vacancy shall be filled by election of a mayor for the remainder of the unexpired term. Section 2.09. Compensation. For carrying out their duties, the mayor shall receive a salary not to exceed one hundred and twenty-five dollars per annum and the councilmen shall receive a salary not to exceed sixty dollars per annum. Section 2.10. City Clerk; Deputies. (a) The mayor and council of said city, annually at their first meeting in January, or as soon thereafter as practical, may elect a city clerk and such deputy city clerks as they deem necessary. The city clerk shall also 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 names of members present and absent,
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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. (b) 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 $3,000.00, said bond payable to the City of Lexington 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. The mayor and council may require a similar bond to be given by deputy city clerks. Section 2.11. City Legislation. (a) 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. (b) Each ordinance shall be in written form before being voted upon. A majority of those persons present shall be required to pass any resolution or ordinance. The mayor and council shall have the power to establish by ordinance the procedure, manner and method by which ordinances and resolutions shall be enacted by the mayor and council. (c) The mayor and council shall have the power to provide for the recording and preservation of all ordinances and resolutions and for the codification, printing and distribution of all city ordinances, resolutions and regulations. (d) The mayor and council may adopt any standard code of technical regulations by references thereto in an adopting ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally. The method and manner of authenticating
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the matter adopted by reference shall be prescribed in the adopting ordinance. The mayor and council may adopt by reference, in any ordinance, maps, charts, plats of survey, schedules of rates and fees, and similar compilations and documents without attaching said materials to the adopting ordinance, provided the adopting ordinance shall prescribe the manner in which said material shall be authenticated and said material is on file with the city clerk and available for public inspection. Section 2.12. City Code. The mayor and council may provide for the preparation of a general codification of all city ordinances having the force and effect of law. The general codification may be adopted by the mayor and council by ordinance and be published together with this charter, and any amendment thereto and such codes of technical regulations and other rules and regulations as the mayor and council may specify. This compilation, if done, shall be known and cited officially as The Code of the City of Lexington. The mayor and council may make such code available for purchase by the public at a reasonable price as fixed by the mayor and council. ARTICLE III ORGANIZATION AND PERSONNEL Section 3.01. Organization. (a) 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 or 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. (b) In all cases where personnel are elected or appointed, the mayor shall have the right to vote thereon as heretofore provided in this charter.
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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. The mayor shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city; and the city attorney shall take such legal action as the mayor may direct for such purposes. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter. Section 3.03. City Attorney. The mayor and council may appoint a city attorney. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a part; 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. City Manager. The mayor and council are hereby authorized to appoint a city manager for an indefinite term, who shall serve at the pleasure of the mayor and council. He shall have such duties as the mayor and council shall provide, including whatever duties, powers and authority possessed by the mayor and council they desire to delegate to him. Any such delegation may be withdrawn at any time. The mayor and council shall fix the compensation of the city manager. Section 3.05. Marshal. The mayor and council shall appoint annually a marshal who shall be the chief police officer of the city. The marshal shall be responsible to the mayor and council for the enforcement of all ordinances, rules and regulations of the city, and shall perform such duties as are delegated to him by the mayor and council. Section 3.06. 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:
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I do solemnly swear (or affirm) that I will support the Constitution of the United States and of the State of Georgit; that I will in all respects observe the provisions of the charter and ordinances of the City of Lexington, and I will faithfully discharge the duties of the office of....., so help me God. Section 3.07. 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. ARTICLE IV FISCAL ADMINISTRATION Section 4.01. Property Taxes. (a) All property subject to taxation for state or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the city, and shall be returned for taxes on or before April 1. (b) 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 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. If a return is not made by the property owner, then there shall be assessed a penalty of ten percent of the taxes due on said property. (c) The mayor and council may provide by ordinance that owners of real property shall not be required to make any returns after their initial return if there has been no change in the status of the property.
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(d) 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 4.02. 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 4.03. Tax Due Date and Tax Bills. (a) 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 rates 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 in addition to fi. fa. charge shall be added and thereafter such taxes shall be subject to interest at the rate of nine percent per annum, from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record.
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(b) Said city shall have the right, power and authority to provide by ordinance for the return of all real and personal property for taxation; to provide for the compelling of such return; and to provide penalties for failure to do so; to double tax defaulters, after due notice and hearing to be prescribed by the mayor and council, for the current or any previous year, not in 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 4.04. 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 marshal 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 and county taxes. Section 4.05. Transfer of Executions. The clerk of the City of Lexington 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 of 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 4.06. Special Assessments. The mayor and council may assess all or part of the cost of constructing, reconstructing, widening or improving or paving any public
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way, street, sidewalk, curbing, drains, gutters, sewers, water mains 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, and shall thereafter be subject to interest at the rate of seven percent 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, 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. Sale of City Property. The mayor and council may sell any city property which is obsolete, surplus or unusable, at public or private sale, with or without advertisement, and for such consideration as the mayor and council shall deem equitable and just to the city. 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 last Saturday in December of each odd-numbered year. Officials elected at any regular election shall take office on the first day of 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
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(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 a qualification fee as prescribed by ordinance. 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 percent of the number of qualified voters registered to vote in the last general election of 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 resident of the City of Lexington 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 Lexington 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 laws of the State. Section 5.06. Time of Election. The polls shall be opened from 7:00 o'clock a.m. local time to 7:00 o'clock p.m. local time.
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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 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 Lexington 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. 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. Section 5.11. Absentee Ballots. The mayor and council at its discretion is authorized to provide by ordinance for absentee ballots for any city election. ARTICLE VI MAYOR'S COURT Section 6.01. Creation. There is hereby established 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 as often as necessary. In the absence or disqualification of the mayor, the mayor protem., who shall be chosen by the councilmen from their number, shall hold said court, and in the absence or disqualification of both the mayor and mayor pro tem. any of the councilmen may hold said court. Said court shall have the power to preserve order and compel attendance of witnesses, punish for contempt by imprisonment not exceeding thirty days, or fine not exceeding fifty dollars, one or both;
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said mayor shall have full authority upon conviction to sentence any offender to labor upon the streets or other public works in said city for a period not exceeding ninety days, or impose a fine not exceeding one hundred dollars, or to sentence said offender to be confined and imprisoned in the guard house or other place of confinement in said city for a period not exceeding ninety days. Either one or more of said penalties may be imposed in the discretion of the mayor or acting mayor. ARTICLE VII MISCELLANEOUS 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 were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7.02. Specific Repealer. An Act approved December 13, 1899 (Ga. L. 1899, p. 239), as amended, is hereby repealed in its entirety, effective July 1, 1973; provided, however, the members of the governing authority of the City of Lexington heretofore elected shall continue to serve as members of the governing authority of said city as provided by this Act in accordance with the provisions of subsection (a) of section 2.03 of this Act; provided, further, that the corporate limits of said city shall continue to be the territory hereinbefore embraced in the City of Lexington. Section 7.03. General Repealer. All law and parts of laws in conflict with this Act are hereby repealed.
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Public Notice Legislation will be submitted to provide for a new charter for the City of Lexington. H. T. Callaway Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sam P. McGill who, on oath, deposes and says that he is Senator from the 24th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oglethorpe Echo which is the official organ of Oglethorpe County, on the following dates: January 25, February 1, 8, 1973. /s/ Sam P. McGill Senator, 24th District Sworn to and subscribed before me, this 1st day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. Approved April 17, 1973. EVANS COUNTYCOMPENSATION OF SHERIFF'S DEPUTIES CHANGED. No. 434 (Senate Bill No. 374). An Act to amend an Act providing a salary for the sheriff of Evans County in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2416), as amended, by an Act approved April 9, 1968 (Ga. L. 1968,
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p. 3458), so as to change the provisions relative to 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 providing a salary for the sheriff of Evans County in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2416), as amended, by an Act approved April 9, 1968 (Ga. L. 1968, p. 3458), 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 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. The sheriff 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 Evans 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. Salaries. 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 1973 session of the General Assembly of Georgia, a bill to amend an act providing for compensation of Deputy Sheriffs of Evans County; and for other purposes. Joseph E. Kennedy, Senator, Fourth District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Claxton Enterprise which is the official organ of Evans County, on the following dates: February 15, 22, March 1, 1973. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1973. CERTAIN COUNTIESCOMPENSATION OF CERTAIN OFFICIALS FIXED. (145,000-165,000). No. 437 (Senate Bill No. 388). An Act to fix the compensation of certain elected officials in certain counties; to provide the procedure connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provisions of law to the contrary, in all counties of this State having a population of not less than 145,000 nor more than 165,000, according to the 1970 United States Decennial Census, or any
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such future census, the following elected county officials shall receive the following annual salaries: (a) Sheriff $18,500 (b) Ordinary $16,500 (c) Clerk of the Superior Court $16,200 (d) Judge of the State Court $17,250 (e) Solicitor of the State Court $13,500 (f) Assistant Solicitor of the State Court $ 7,500 (g) Coroner $ 8,000 (h) Assistant Coroner $ 2,000 (i) Treasurer $14,500 (j) Tax Commissioner $14,500 (k) Chairman of the Board of Commissioners $ 6,600 (l) County Commissioners $ 4,200 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 17, 1973. TOWN OF ENIGMACHARTER AMENDEDELECTION DATE CHANGED, ETC. No. 438 (Senate Bill No. 389). An Act to amend an Act providing a new charter for the Town of Enigma, approved April 2, 1963 (Ga. L. 1963, p. 2627), so as to change the municipal election date; to provide when certain candidates shall assume office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act providing a new charter for the Town of Enigma, approved April 2, 1963 (Ga. L. 1963, p. 2627), is hereby amended by deleting from section 3 the following sentences: On the first Monday of January, 1964, there shall be an election of one mayor and four councilmen., and All elections for mayor and councilmen shall be held on the first Monday of each year as their respective terms expire., and by adding at the end thereof the following: The municipal general election shall be conducted on the second Monday in December of each year. Candidates who are elected to office in the 1973 and 1974 general elections shall take office on the date on which their predecessor's term of office expires and shall serve for a term of office of two (2) years and until their successors are duly elected and qualified. Thereafter, all candidates elected to office shall take office on the first day of January following their election and shall serve for a term of office of two (2) years and until their successors are duly elected and qualified., so that when so amended, section 3 shall read as follows: Section 3. Be it further enacted by the authority aforesaid that the municipal government of said Town of Enigma shall consist of a mayor and four councilmen. The present mayor and councilmen of the Town of Enigma shall continue in office until the expiration of the term for which they have been elected, and until their successors are duly elected and qualified, and they shall have and exercise all of the rights, powers and duties hereby conferred on the mayor and council of the Town of Enigma. The two councilmen receiving the highest number of votes shall serve a term of two (2) years; the two councilmen receiving the next highest number of votes shall serve a term of one (1) year. At the conclusion of the respective terms of each councilman, there shall be another election for their successors
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who shall serve for two (2) years. Each councilman thereafter shall serve for a term of two (2) years. The term of office of mayor shall be two (2) years. The purpose and intent of this section is to provide for a mayor whose term of office shall be for two years, and four councilmen with staggered terms of two years each. The municipal general election shall be conducted on the second Monday in December of each year. Candidates who are elected to office in the 1973 and 1974 general elections shall take office on the date on which their predecessor's term of office expires and shall serve for a term of office of two (2) years and until their successors are duly elected and qualified. Thereafter, all candidates elected to office shall take office on the first day of January following their election and shall serve for a term of office of two (2) years and until their successors are duly elected and qualified. 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 of intention to introduce during the 1973 session of the Georgia Legislature local legislation amending the charter of Enigma and for other purposes. Robert A. Rowan, Senator, Eighth District. Georgia, Berrien County. Personally appeared before me, a Notary Public within and for above state and county, Mr. S. T. Hamilton who, on oath, deposes and says that he is the publisher of The Berrien Press which is the official organ of Berrien County, and that the attached copy of Notice of Intention to Introduce
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Local Legislation was published therein on the following dates: January 25, February 1, February 8. /s/ S. T. Hamilton Publisher Sworn to and subscribed before me, this 27th day of February 1973. /s/ Barbara Boyd Notary Public, Georgia State at Large. My Commission Expires Oct. 2, 1974. Approved April 17, 1973. BERRIEN COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 439 (Senate Bill No. 390). An Act to amend an Act placing the sheriff of Berrien County upon an annual salary, approved January 26, 1965 (Ga. L. 1965, p. 2003), as amended by an Act approved March 21, 1970 (Ga. L. 1970, p. 3198), so as to change the compensation of the sheriff; to provide how such compensation may be increased; to change the provisions relative to the employment, compensation and allowances of employees within the sheriff's office; to change the provisions relative to the motor vehicles used by the sheriff's office; to change certain of the allowances of the sheriff; to provide the procedures connected with all of 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 sheriff of Berrien County upon an annual salary, approved January 26, 1965 (Ga. L. 1965, p. 2003), as amended by an Act approved March 21, 1970 (Ga. L. 1970, p. 3198), is hereby amended by striking
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in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff shall receive an annual salary of not less than $13,000 nor more than $15,000, the exact amount to be fixed by the governing authority of Berrien County, and to be paid in equal monthly installments from the funds of Berrien County. Salary. Section 2. Said Act is further amended by striking in its entirety section 4 and substituting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff shall have the authority to appoint three full deputies and one clerk to assist him in the discharge of the official duties of his office. He shall also be authorized to employ such other personnel to assist him as the governing authority of Berrien County shall authorize, and they shall receive such compensation as said governing authority shall authorize. All such personnel's compensation shall be paid from county funds. The aggregate compensation of the full-time deputies shall not exceed $22,000 per annum, and the clerk shall receive an annual salary of $3,600. The governing authority of Berrien County shall have the authority to increase the compensation of the deputies and clerk above such sums. All of the personnel within the sheriff's office shall be deemed to be county employees entitled to all of the benefits and perquisites of county employees and entitled to participate in all programs available to county employees. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Deputies. Section 3. Said Act is further amended by striking in its entirety section 6 and substituting in lieu thereof a new section 6 to read as follows:
Page 2807
Section 6. The governing authority of Berrien County shall furnish and make available to the sheriff's office four motor vehicles which shall be appropriately equipped for law enforcement purposes. All expenses connected with the purchase, operation and maintenance of such vehicles shall be borne by Berrien County. In lieu of the county furnishing and/ or maintaining such vehicles, the sheriff and governing authority of Berrien County shall be authorized to contract with each other respecting such matters. Automobiles. Section 4. Said Act is further amended by striking in its entirety section 7 and substituting in lieu thereof a new section 7 to read as follows: Section 7. The sheriff shall receive from Berrien County the sum of $42.00 per month as a contingent expense allowance. In addition thereto, he shall receive from county funds $600.00 each year for the purpose of purchasing and maintaining his uniforms. Expenses. 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, except for the provisions of Section 3 which shall become effective on July 1, 1973. 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 of intention to introduce during the 1973 session of the Georgia Legislature local legislation changing the method of compensating the Sheriff's Department and for other purposes. Robert A. Rowan, Senator, Eighth District. Georgia, Berrien County. Personally appeared before me, a Notary Public within and for above state and county, Mr. S. T. Hamilton who, on
Page 2808
oath, deposes and says that he is the publisher of The Berrien Press which is the official organ of Berrien County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 25, February 1, February 8. /s/ S. T. Hamilton Publisher Sworn to and subscribed before me, this 27th day of February 1973. /s/ Barbara Boyd Notary Public, Georgia State at Large. My Commission Expires Oct. 2, 1974. Approved April 17, 1973. BERRIEN COUNTYTAX COMMISSIONER'S OFFICECOMPENSATION OF CERTAIN PERSONNEL CHANGED. No. 440 (Senate Bill No. 391). An Act to amend an Act creating the office of tax commissioner of Berrien County, approved July 3, 1931 (Ga. L. 1931, p. 390), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3188), so as to change the provisions relative to the compensation received by the employees of the tax commissioner's office; to provide that employees within the tax commissioner's office shall be county employees; to provide to the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Berrien County, approved July 3, 1931 (Ga. L. 1931, p. 390), as amended, particularly by an Act approved
Page 2809
March 21, 1970 (Ga. L. 1970, p. 3188), 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 tax commissioner shall receive for his services as such an annual salary of $8,400.00, payable in equal monthly installments from the funds of Berrien County. Salary. Section 2. Said Act is further amended by inserting between sections 9 and 10 a new section 9A to read as follows: Section 9A. The tax commissioner shall be authorized to employ one full-time deputy to assist him in discharging the official duties of his office. Such deputy shall receive an annual salary of $5,600.00, payable in equal monthly installments from the funds of Berrien County. Such compensation may be increased by the governing authority of Berrien County. The tax commissioner shall be authorized to employ such additional personnel to assist him as the governing authority of Berrien County shall authorize. Such personnel shall receive such compensation as said governing authority shall approve. All such deputies and employees shall be county employees and shall be entitled to all of the benefits and perquisites of other county employees and entitled to participate in all programs provided for such employees. The necessary operating expenses of the tax commissioner's office shall be paid from any funds of the county available for such purposes. All supplies, materials, equipment, furnishings, furniture and utilities, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Berrien 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.
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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention To Introduce Local Legislation. Notice is hereby given of intention to introduce during the 1973 session of the Georgia Legislature local legislation changing the method of compensating the tax commissioner's office and for other purposes. Robert A. Rowan, Senator, Eighth District. Georgia, Berrien County. Personally appeared before me, a Notary Public within and for above state and county, Mr. S. T. Hamilton who, on oath, deposes and says that he is the publisher of The Berrien Press which is the official organ of Berrien County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 25, February 1, February 8. /s/ S. T. Hamilton Publisher Sworn to and subscribed before me, this 27th day of February 1973. /s/ Barbara Boyd Notary Public, Georgia State at Large. My Commission Expires Oct. 2, 1974. Approved April 17, 1973. BERRIEN COUNTYCOMPENSATION OF MEMBERS OF BOARD OF COMMISSIONERS CHANGED. No. 441 (Senate Bill No. 392). An Act to amend an Act creating a board of commissioners of Berrien County, approved September 20, 1887 (Ga. L. 1886-87, Vol. 2, p. 664), as amended, particularly by an
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Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2127), so as to provide for a change in the compensation of the members of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Berrien County, approved September 20, 1887 (Ga. L. 1886-87, Vol. 2, p. 664), as amended, particularly by an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2127), is hereby amended by striking in its entirety section 1A and substituting in lieu thereof the following: Section 1A. Any other provisions of this Act to the contrary notwithstanding, the members of the board of commissioners of Berrien County shall have the authority to fix their own compensation. Provided, however, the aggregate compensation to be received by all members of the board shall not exceed $750.00 per month. In addition to the salary provided for herein, the said commissioners shall also be reimbursed from the funds of said county for all actual and necessary travel expenses when traveling outside the limits of said county for county purposes. Salaries 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 by intention to introduce during the 1973 session of the Georgia Legislature local legislation changing the compensation of county commissioners and for other purposes. Robert A. Rowan, Senator, Eighth District Georgia, Berrien County. Personally appeared before me, a Notary Public within and for above state and county, Mr. S. T. Hamilton who, on
Page 2812
oath, deposes and says that he is the publisher of The Berrien Press which is the official organ of Berrien County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 25, February 1, February 8. /s/ S. T. Hamilton Publisher Sworn to and subscribed before me, this 27th day of February 1973. /s/ Barbara Boyd Notary Public, Georgia State at Large. My Commission Expires Oct. 2, 1974. Approved April 17, 1973. RICHMOND COUNTYCOUNTY BOARD OF TAX ASSESSORS CREATED. No. 443 (Senate Bill No. 398). An Act to carry into effect an amendment to the Constitution, as found in Ga. L. 1956, pp. 453, et seq.; to prescribe the powers and duties of said Board; to provide for the composition, tenure and compensation of said Board; to prescribe the manner of the selection of Chief Tax Appraiser; to require all persons in Richmond County, within and without the corporate limits of the City of Augusta required to make returns of taxable property to make a single return thereof by a specified time; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. These terms, when used in this Act, shall have the following definitions unless a different meaning clearly appears from the context:
Page 2813
(a) Board shall mean the Richmond County Board of Tax Assessors. (b) City shall mean the City of Augusta. (c) County shall mean Richmond County. Section 2. The existing Board of Tax Assessors for Richmond County and the City Council of Augusta are hereby abolished, and the Act providing for a joint Board of Tax Assessors, as found in Ga. L. 1969, pp. 2514 et seq., is hereby repealed in its entirety. Section 3. There is hereby created a County Board of Tax Assessors for Richmond County for the entire territorial area of the City and County. Said Board shall consist of six members, one from each Legislative District of the Georgia House of Representatives entirely within the boundaries of Richmond County. The members of the County Board of Tax Assessors shall be appointed by the governing authority of the County. Of the six members initially appointed, two shall serve for two years, two for three years and two for four years, and thereafter, the term of office of each member shall be four years. In case of vacancy on the Board at any time, caused by death, resignation, removal or otherwise, the vacancy shall be filled and the appointment shall be made in the same manner as herein provided for the appointment of the members of the Board. The members of the Board may be removed by the appointing authority only for cause shown for the failure to perform the duties. Board created. Members. Section 4. The Board shall assess all real estate and personal property. The members of the Board shall elect one member as Chairman and one member as Vice-Chairman, each to serve for a term of one year, with the right to succeed himself as such. The compensation of each Board member shall be $200.00 per month, to be paid by the governing authority. Duties. Section 5. The Chief Tax Appraiser shall be hired by the Board, subject to the approval of the governing authority,
Page 2814
for a two-year term. Said Chief Tax Appraiser shall not be under tenure and is expressly excluded from the provisions of the existing Tenure Act of the County and any future Tenure Act for the County. Chief tax appraiser. Section 6. Said Board shall have all the duties, powers, authority and compensation given to County Tax Assessors under the laws of the State of Georgia, as they now or hereinafter exist. Said Board shall comply with all property tax laws of the State of Georgia, as they now or hereinafter exist, in the exercise of its duties and powers. Powers. Section 7. All returns required of taxpayers within the City and County shall be made on such form as may be prescribed by the Board on or before January 31st of each year. Returns. Section 8. Said Board shall each year make available to the City the fair market values of all property subject to City ad valorem taxation, in compliance with Georgia Code Ann. sec. 92-4004. Section 9. All employees of the City retained by the governing authority shall suffer no loss of pay, allowances or retirement benefits as a result of this Act. Section 10. This Act shall become effective on April 1, 1973, or 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. Notice of Intent to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced at the 1973 Session of the General Assembly of Georgia to repeal the Act (Ga. L., 1969, pp. 2514 Et. Seq.) which was to carry into effect an amendment to the Constitution, as found in Ga. L. 1956, pp. 453 Et. Seq., consolidating and combining the Boards of Tax Assessors of
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Richmond County and the City Council of Augusta; to repeal conflicting laws, and for other purposes. This 31st day of January, 1973. Robert C. Daniel, Jr. County Attorney Georgia, Richmond County. Personally appeared before me a notary public, the undersigned, William S. Morris, III, who, on oath says that he is the president of the Southeastern Newspaper Corporation, publisher of the Augusta Herald, a Daily Newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies 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 February 3, 10, 17, 1973. /s/ William S. Morris, III President Southeastern Newspaper Corporation Publisher of the Augusta Herald, Augusta, Richmond County, Georgia Sworn to and subscribed before me, this 23 day of February, 1973. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires Feb. 19, 1977. Approved April 17, 1973.
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HALL COUNTYCORONER PLACED ON SALARY, ETC. No. 444 (Senate Bill No. 399). An Act to place the coroner of Hall County on a monthly salary in lieu of the fee system of compensation; to provide for the appointment of certain 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. In lieu of all fees, cost, perquisites and emoluments of whatever kind and nature now or hereafter allowed by law to coroners for service as such, the coroner of Hall County is hereby placed on a salary of three hundred ($300.00) dollars per month to be paid from the funds of Hall County. Salary. Section 2. 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 fifteenth day of each month next following the month in which they were collected or received. Fees. Section 3. The coroner of Hall County shall be authorized to appoint a qualified person to discharge the duties of the coroner in the temporary absence of such coroner. Such person shall be compensated by the coroner from the salary provided for the coroner in section 1. Absence. Section 4. This Act shall become effective on 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.
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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Legislation. Notice to introduce local legislation to set the compensation of the Hall County Coroner. /s/ Howard Overby Senator /s/ Bill Williams Representative /s/ Joe T. Wood Representative /s/ Doug Whitmire Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard T. Overby who, on oath, deposes and says that he is Senator from the 49th 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: February 15, 22, March 1, 1973. /s/ Howard T. Overby Senator, 49th District Sworn to and subscribed before me this 7th day of March, 1972. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1973.
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CERTAIN COUNTIESCERTAIN EMPLOYEESCOMPENSATION INCREASED. (145,000-165,000). No. 445 (Senate Bill No. 408). An Act to provide additional compensation for certain employees of certain counties whose compensation is fixed by the General Assembly; 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 nor more than 165,000, according to the 1970 United States Decennial Census or any future such census, the compensation of all permanent full-time county employees, whose salaries are fixed by the General Assembly and who have been in the employment of the county for at least 12 months, shall be increased by five percent (5%) for each employee. The compensation of all permanent part-time county employees, whose salaries are fixed by the General Assembly and who have been in the employment of the county for at least 12 months, shall be increased by two and one-half percent (2%) for each employee. Section 2. Nothing contained within this Act shall apply to: (1) judges of the superior court; (2) the sheriff and his employees; Exemptions. (3) judges and employees of the civil court; (4) judges, the solicitor, assistant solicitor, and probation officers of the state court; (5) assistant coroners; (6) all other elected officials of such county. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.
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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. LEE COUNTYPERSONNEL PROVIDED FOR ORDINARY, ETC. No. 449 (House Bill No. 81). An Act to amend an Act establishing an annual salary for the Ordinary of Lee County in lieu of the fee system of compensation, approved March 25, 1965 (Ga. L. 1965, p. 2401) so as to provide for a clerk and other clerical assistance for 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 an annual salary for the Ordinary of Lee County in lieu of the fee system of compensation, approved March 25, 1965 (Ga. L. 1965, p. 2401) is hereby amended by adding a new section between sections 7 and 8 to be designated section 7A and to read as follows: Section 7A. The Ordinary shall have the authority to appoint a clerk of the court of ordinary, and said clerk shall receive a salary of not less than $3,600.00 and not more than $4,800.00 per annum to be paid in equal monthly installments from the funds of Lee County. The amount of said clerk's salary shall be fixed by the governing authority of Lee County. The Ordinary shall have the further authority to employ such clerical assistants as may by necessary to carry out the duties of his office. The compensation of such clerical assistants shall be fixed by the governing authority of Lee County and shall be paid from the funds of Lee County. Personnel. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved
Page 2820
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 1973 Session of the General Assembly of Georgia, a bill to fix the salary of the Deputy Clerk of the Court of Ordinary of Lee County, Georgia: to provide the procedure connected therewith; to provide with an effective date; and for other purposes. James W. Forrester Ordinary, Lee County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Colquitt Odom who, on oath, deposes and says that he is Representative from the 114th 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, 1972. /s/ Colquitt Odom Representative, 114th District Sworn to and subscribed before me this 10th day of February, 1973. /s/ Yvonne Redding Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1975. (Seal). Approved April 17, 1973.
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PEACHTREE CITYCHARTER AMENDEDPROVISION FOR ADDITIONAL TERRITORY MADE, ETC. No. 450 (House Bill No. 94). An Act to amend an Act incorporating Peachtree City, approved March 9, 1959 (Ga. L. 1959, p. 2409), as amended by an Act approved March 5, 1970 (Ga. L. 1970, p. 2286), so as to provide for additional territory which might be incorporated within the corporate limits; to stagger the terms of office of the councilmen; to change the dates on which elected officials shall take office; to provide for the numbering of posts for the council; to provide for annual elections; to change the qualifications of electors; to provide the procedures for the registration of electors, preparation of elector's list and the maintenance thereof; to change the date on which the application for registration shall be closed; to provide that property shall be assessed and taxed at 40% of its fair market value; to change the deadline for the return of property for taxation; to change the date on which taxes become due; to change certain of the provisions relating to business, occupational and professional taxes; to provide that the city may expend funds for certain employee benefit programs; to provide for 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. An Act incorporating Peachtree City, approved March 9, 1959 (Ga. L. 1959, p. 2409), as amended by an Act approved March 5, 1970 (Ga. L. 1970, p. 2286), is hereby amended by adding at the end of Section 2 the following: , and such tracts and parcels as shall be incorporated within the corporate limits of said city pursuant to law., so that when so amended section 2 shall read as follows: Section 2. The corporate limits of said city shall be and are defined as follows: All that territory and the inhabitants
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thereof embraced and contained in the sixth land district of Fayette County, Georgia, being land lots numbered 24 to 63, inclusive, and all that territory and the inhabitants thereof embraced and contained in the seventh land district of Fayette County, Georgia being land lots numbered 64 to 68, inclusive, and land lots numbered 90 to 103, inclusive, and land lots numbered 122 to 135 inclusive, and land lots numbered 155 to 162, inclusive, and such tracts and parcels as shall be incorporated within the corporate limits of said city pursuant to law. Corporate limits. Section 2. Said Act is further amended by striking in its entirety section 9 and substituting in lieu thereof a new section 9 to read as follows: Section 9. The municipal general election shall be conducted on the first Tuesday of December each year. For the purposes of electing councilmen, positions on the council shall be numbered as Posts 1 through 4, respectively. At the 1973 general election, candidates who are elected to Posts 1 and 2 on the council shall serve for an initial term of office of one year and until their successors are duly elected and qualified. Candidates elected in said election to Posts 3 and 4 shall serve for an initial term of office of two years and until their successors are duly elected and qualified. The term of office of the mayor shall be two years and until a successor is duly elected and qualified. Thereafter, successors to such offices shall be elected in the general election which is conducted immediately prior to the expiration of the respective term of office and they shall serve for terms of office of two years and until their successors are duly elected and qualified. Candidates elected to office shall take office on the date of the first scheduled meeting of the council in January following their election. That candidate for each respective office who shall receive the highest number of votes cast for such office by the electors of said city shall be elected to such office. Election. Candidates elected to office shall on or before the day of assuming office qualify by taking and subscribing before some officer authorized by law to administer oaths, the following oath: `I (A.B.), do solemnly swear that I will well and
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truly perform the duties of mayor (or councilmen as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of Peachtree City and the common interest thereof. So help me God.' Such oath shall be filed with the city clerk, who shall spread the same upon the minutes of the meeting of the council of Peachtree City, next following such filing, unless such oath is filed during a regular meeting of the said council in which latter case such oath shall be spread upon the minutes of the meeting then in session. Section 3. Said Act is further amended by striking in its entirety section 19 and substituting in lieu thereof a new section 19 to read as follows: Section 19. No person shall vote in any primary or election conducted by the city unless he shall be duly registered and possesses the qualifications prescribed by Code section 34A-501. Qualifications of voters. Section 4. Said Act is further amended by striking in its entirety section 20 and substituting in lieu thereof a new section 20 to read as follows: Section 20. The city shall maintain its own system of registration of electors. The procedure for the registration of electors, preparation of elector's lists and the maintenance of such lists and system of such registration shall be as is provided for in Code Chapter 34A-5. Twenty days prior to any primary or election conducted by said city, the registrars shall cease taking applications to qualify persons to vote in such primary or election. Voters list. Section 5. Said Act is further amended by striking from section 26 wherever it shall appear the word May and substituting in lieu thereof the word April, so that when so amended section 26 shall read as follows: Section 26. All properties subject to taxation by said city shall be returned for taxation at their true and fair market value by the owners thereof or their duly authorized
Page 2824
agents, to the clerk, who shall act as ex officio tax commissioner and tax receiver. Such returns shall be made by the taxpayer on or before April 1 of each year. If such properties are not returned by April 1, or if returned at less than their fair market value, the clerk shall assess such properties at their fair market value from the best information obtainable as to their value for the taxable year, but such assessment shall not become final until twenty days after such property owner shall be notified of said assessment by registered mail by said clerk. If the property owner is dissatisfied with such assessment as made, said owner shall file his objections in writing with the city council within such twenty days from the date of the within notification and if no appeal is made within such twenty day period the assessment of the tax commissioner shall be and become final. Taxation. Section 6. Said Act is further amended by striking in its entirety the first sentence of section 27 and substituting in lieu thereof the following: All property subject to ad valorem taxation shall be assessed at 40% of its fair market value and taxed according to 40% of its fair market value and pursuant to Code Section 92-4004 by a levy of Peachtree City against such property. All ad valorem taxes shall be due and payable on December 20, in the year for which they are levied and assessed, and all taxes shall bear interest at seven percent (7%) per annum from their due date, and said city shall have a lien upon all property of the taxpayer prior and superior to all other liens from the first day of January of the year for which such taxes are levied and assessed, except as otherwise provided by law., so that when so amended section 27 shall read as follows: Section 27. All property subject to ad valorem taxation shall be assessed at 40% of its fair market value and taxed according to 40% of its fair market value and pursuant to Code Section 92-4004 by a levy of Peachtree City against such property. All ad valorem taxes shall be due and payable on December 20, in the year for which they are levied
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and assessed, and all taxes shall bear interest at seven percent (7%) per annum from their due date, and said city shall have a lien upon all property of the taxpayer prior and superior to all other liens from the first day of January of the year for which such taxes are levied and assessed, except as otherwise provided by law. If such taxes are not paid on said due date then execution shall be issued in the name of the city by the clerk not later than fifteen (15) days thereafter and recorded on the general execution docket tax fi. fas. for taxes not paid when due, and proceed at once to advertise, levy and collect same as provided by law for collection of ad valorem taxes. At any such sale, the city shall have the right to purchase any such property so sold. Such tax fi. fas., however, may be sold and transferred by the clerk, with the approval of the council, for the full amount of taxes and accrued interest and costs. Said clerk, as ex officio tax commissioner and tax receiver, shall perform such other duties as may be incident to the office or the duties thereof, and such others as may be required by ordinance. Assessment. Section 7. Said Act is further amended by striking in its entirety section 30 and substituting in lieu thereof the following: Section 30. The council shall have full power and authority to provide, by ordinance, a tax or license ordinance for each of the businesses, occupations or professions, trades or vocations which, under the laws of this State, are subject to municipal license; classifications of different classes of businesses, occupations or professions; pro ration of the license fee or tax; to enact all other rules and regulations necessary and proper in the premises. Licenses, etc. Section 8. Said Act is further amended by inserting between sections 31 and 32 a new Section, to be known as section 31A, to read as follows: Section 31A. The council of Peachtree City shall be authorized to provide insurance, retirement, and pension benefits, coverage under Federal Old Age and Survivors Insurance programs, hospitalization benefits and workmen's
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compensation benefits for its employees, their dependents and survivors, and shall be authorized to expend therefor funds of said city. Employee benefits. 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 following local legislation will be introduced in the 1973 Session of the General Assembly of Georgia: An act to amend an Act incorporating Peachtree City, approved March 9, 1959 (Ga. L. 1959, p. 2409), as amended by an Act approved March 5, 1970 (Ga. L. 1970, p. 2286), so as to provide for additional territory which might be incorporated within the corporate limits; to stagger the terms of office of the councilmen; to change the dates on which elected officials shall take office; to provide for the numbering of posts for the council; to provide for annual elections; to change the qualifications of electors; to provide the procedures for the registration of electors, preparation of elector's list and the maintenance thereof; to change the date on which the application for registration shall be closed; to provide that property shall be assessed and taxed at 40% of its fair market value; to change the deadline for the return of property for taxation; to change the date on which taxes become due; to change certain of the provisions relating to business, occupational and professional taxes; to provide that the city may expend funds for certain employee benefit programs; to provide for the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. Mayor and Council Peachtree City, Howard A. Morgan Mayor Georgia, Fayette County. Personally appeared before me, Jim Wood, Publisher of The Fayette County News, a weekly newspaper in Peachtree
Page 2827
City, Fayette County, Georgia; which said newspaper is the official organ of Fayette County, Georgia; Notice of Intention to Introduce Legislation; a copy of which is attached hereto, duly appeared in said newspaper on the following dates, towit: December 13th, 20th and 27th, 1972. /s/ Jim Wood Sworn and subscribed to before me, this the 28th day of December, 1972. /s/ Faye A. Lipford Notary Public. My Commission Expires May 29, 1976. (Seal). Approved April 17, 1973. CITY OF ATLANTACHARTER AMENDEDBOARD OF EDUCATIONTAX RATE TO BE FIXED BY BOARD, ETC. No. 451 (House Bill No. 121) An Act to amend an Act establishing a new charter for the City of Atlanta approved February 28, 1874 (Ga. L. 1874, p. 116, et seq.), and the several Acts amendatory thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. Be and it is hereby enacted by the General Assembly of Georgia: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said
Page 2828
notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. Section 2 of an Act approved March 15, 1961 (Ga. L. 1961, p. 2417, et seq.), which amended an Act establishing a new charter for the City of Atlanta approved February 28, 1874 (Ga. L. 1874, p. 116, et seq.), is hereby repealed and the following new section 2 is hereby substituted in lieu thereof: Section 2. There shall be assessed, levied and collected an annual ad valorem tax for the support of public schools and for educational purposes, at the millage rate determined by the Board of Education, to be billed and collected as other ad valorem taxes are billed and collected in accordance with this Charter, the basis for the billing and collection of such tax to be the millage as set forth in an annual written request signed by the Chairman of the Board of Education and filed with the Board of Aldermen, the format and time of annual filing of such request to be the only action by the governing authority of the City of Atlanta necessary to levy such tax annually. All revenue derived from such school and educational ad valorem tax shall be paid into the treasury of the City of Atlanta and shall be remitted monthly to the Board of Education free from any charge except the direct cost of collecting such tax. 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 herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Sidney J. Marcus, author of the attached bill, who, after being
Page 2829
duly sworn, says that the notice attached hereto has been published in the newspaper in which the Sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: 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 1973 Session of the General Assembly of Georgia, which convenes on Monday, January 8, 1973, 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 14th day of December, 1972. /s/ Henry L. Bowden, City Attorney City of Atlanta This 10th day of January, 1973. /s/ Sidney J. Marcus Sworn to and subscribed before me, this the 11th day of January, 1973. /s/ Amelia Smith Notary Public, Georgia State at Large My Commission Expires Oct. 11, 1976. (Seal). Approved April 17, 1973.
Page 2830
CITY OF ATLANTACHARTER AMENDEDSTREET PAVING PROVIDED, ETC. No. 452 (House Bill No. 122). An Act to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874 (Ga. L. 1874, p. 116, et seq.), and the several Acts amendatory thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. Be and it is hereby enacted by the General Assembly of the State of Georgia that an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874 (Ga. L. 1874, p. 116, et seq.), and the several Acts amendatory thereof, be and the same are further amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. The following new Article V containing new section 7.2.104 is hereby adopted and made a part of the Charter of the City of Atlanta: ARTICLE V. Section 7.2.104. The governing authority of the City of Atlanta may, in their discretion and from time to time, pave or surface or cause to be paved or surfaced, with materials as they shall from time to time select, any one or more streets, alleys or public ways (and include therewith sidewalks,
Page 2831
curbs, gutters and driveways or any or none of such works) now existing or hereafter designated, accepted or otherwise created, anywhere within the corporate limits of the City as now or hereafter defined and assess the full cost of such paving or surfacing, including any sidewalk, curb, gutter and driveway, upon the real property abutting on each side of the street, alley or public way so improved; provided, however, that the governing authority of the City of Atlanta may, from time to time, adopt and amend standards, rules and regulations under which for any one or more of such projects or parts thereof, the governing authority may allow deferred or installment payments of such assessment and lien not inconsistent herewith for all or different categories of persons owning and living on property abutting such streets where the financial circumstances of all or certain of such persons invite such relief. 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 or parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Grace T. Hamilton, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the Sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: 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 1973 Session
Page 2832
of the General Assembly of Georgia, which convenes on Monday, January 8, 1973, 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 14th day of December, 1972. /s/ Henry L. Bowden, City Attorney City of Atlanta This 12th day of January, 1973. /s/ Grace T. Hamilton Sworn to and subscribed before me, this the 19th day of January, 1973. /s/ Ralph H. Witt Notary Public, Georgia State at Large. My Commission Expires Jan. 26, 1975. (Seal). Approved April 17, 1973. CERTAIN POLICE DEPARTMENTSPENSIONSSERVICE REQUIREMENTS CHANGED, ETC. (300,000 OR MORE). No. 457 (House Bill No. 175). 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,
Page 2833
and the several Acts amendatory thereof, providing a system of pensions and other benefits for such members and their dependents; so as to provide that there shall be changed from ten (10) to five (5) years the period of active service required of an employee before compensation would become payable by virtue of the death of such employee other than in line of duty; so as to provide that there shall be changed from ten (10) to five (5) years the required period of active service or employment of an employee before such employee would be entitled to receive a disability pension because of total and permanent disability because of accident, injuries or illness outside of police duties, and not from the employee's own indiscretion; so as to change certain of the population figures and census contained therein; so as 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 same, that the Act described in the caption hereof, as amended, be and the same is hereby further amended as follows: Section 1. By striking the words and figures ten (10) years from the first sentence of the amended Section VI as set forth in Section 3 of an Act approved March 4, 1966 (Ga. L. 1966, pp. 3172, et seq.), which amended Section 1 of an Act approved April 5, 1961 (Ga. L. 1961, pp. 3466, et seq.), which amended an Act approved March 26, 1947 (Ga. L. 1947, pp. 675, et seq.), all of said Acts being amendments to the Act set forth in the caption of this Act; and by enacting in lieu thereof the words and figures five (5) years; and by striking the third sentence of said section in its entirety and by enacting in lieu thereof the following sentence: To illustrate, for five (5) years of service the beneficiary would be entitled to three-fourths (3/4) of five-twentyfifths (5/25) of the full pension the deceased policeman would have been entitled to had he served twenty-five (25) years, and for any number of years of service beyond five (5) years and not more than twenty-four (24) years the beneficiary would be entitled to three-fourths (3/4) of whatever proportion of the pension the deceased would have been entitled
Page 2834
to for twenty-five (25) years service as the number of years of active service bears to twenty-five (25). so that said section, as amended, shall read as follows: Where any policeman participating in the provisions of this Act shall die while in active service and after having not less than five (5) years of active service prior to his death, his widow, provided she has been designated as beneficiary, was the lawful wife of such policeman at the time of his death and had been married to him for at least one year prior to his death, shall be entitled to receive a pension during her life or until she remarries, representing three-fourths (3/4) of the amount that said policeman would have been entitled to receive in the future had such policeman not died but had become as of the date of his death totally and permanently disabled within the provisions of this Act from accident, injuries or illness outside of police duties and not from his own indiscretion. Such pension shall be graduated according to the length of service of the deceased policeman before his death. To illustrate, for five (5) years of service the beneficiary would be entitled to three-fourths (3/4) of five-twentyfifths (5/25) of the full pension the deceased policeman would have been entitled to had he served twenty-five (25) years, and for any number of years of service beyond five (5) years and not more than twenty-four (24) years the beneficiary would be entitled to three-fourths (3/4) of whatever proportion of the pension the deceased would have been entitled to for twenty-five (25) years service as the number of years of active service bears to twenty-five (25). In determining the number of years of service fractional parts of years shall be counted. To illustrate, if the deceased policeman had served eighteen (18) years and nine (9) months, the beneficiary would be entitled to three-fourths (3/4) of eighteen and seventy-five one-hundreds twentyfifths of the pension the deceased would have been entitled to had he served twenty-five (25) years. In the event of the death or remarriage of such policeman's widow, while receiving such pension and there then be a minor child or children of such policeman under sixteen (16) years of age, such pension shall be continued to such child
Page 2835
or children until the youngest child shall attain the age of sixteen (16) years. If such policeman dies while on active duty without leaving a widow who is entitled to a pension under the provisions hereof but should leave a minor child or children under sixteen (16) years of age, and has been paying the percentage of his salary provided under this Act for a beneficiary, then a pension graduated as herein provided shall be paid to such minor child or children until the youngest reaches the age of sixteen (16) years. The foregoing provisions shall be retroactive to March 26, 1947. Service. Section 2. By striking in the first sentence and condition of Section 4a the words and figures 10 years, as contained in Section 4 of an Act approved March 4, 1966 (Ga. L. 1966, pp. 3172, et seq.), which amended Section 4a as contained in Section 4 of an Act approved March 8, 1945 (Ga. L. 1945, pp. 1067, et seq.), which amended Section 2 of an Act approved March 16, 1939 (Ga. L. 1939, pp. 356, et seq.), all of said Acts being amendments to the Act set forth in the caption of this Act, and enacting in lieu thereof the figures and words five (5) years, so that said section, as amended, shall read as follows: Section 4a. Any member of said pension fund who shall hereinafter become because of accident, injuries or illness outside of police duties, and not from his own indiscretion, totally and permanently disabled within the meaning of said term as defined by law, may apply for a disability pension and if such pension is approved by a majority of the Board of Trustees the same shall be granted upon the following conditions: No person shall be granted any pension whatsoever for such disability until such person has been in the employment of the department for a period of five (5) years. Such person shall be entitled to receive as a pension such percentage of the full pension provided for as his years of service bears to twenty-five (25) years. That is to say, a person granted a pension at the expiration of ten (10) years shall be entitled to ten-twentyfifths (10/25) of the amount he would receive had he served a period of twenty-five (25) years. To illustrate, if he has served eleven (11) years, he would receive eleven-twentyfifths (11/25) of the amount he would have received if he had served twenty-five (25)
Page 2836
years, or, if such person had served twenty (20) years, he would receive twenty-twentyfifths (20/25) of whatever sum he would receive had he served twenty-five (25) years. In determining the number of years of service fractional parts of years shall be counted. That is to say, a person who has served eighteen (18) years and nine (9) months would be pensioned on a basis of eighteen and seventy-five one- hundreds twentyfifths (18.75/25) of the full pension or for eighteen (18) and three-fourths (3/4) years of service. The disability pensions herein provided for shall be continued to the beneficiary after the death of such pensioner at three-fourths (3/4) of the rate paid the pensioner wherever a provision had been made for the beneficiary. Where no beneficiary has been named, or none exists, the disability pension shall cease at the death of the pensioner. Permanently disabled. Section 3. By repealing the words ten years in section 6 of an Act approved March 13, 1957 (Ga. L. 1957, pp. 3244, et seq.), which was an amendment to the Act set forth in the caption of this Act, and by substituting in lieu thereof the words five years, so that said section, as amended, shall read as follows: Any person entitled to disability benefits arising from disability not in line of duty under the provisions of this Act, as amended, may receive such benefits after he has been in the active employment of the City for a period of five years. Section 4. 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, providing a system of pensions and other benefits for such members and their dependents, is hereby amended so as to change certain of the population figures and census contained in said Act and the amendments thereto by striking therefrom, wherever the same may appear, the following:
Page 2837
having a population of 150,000 or more according to the last census of the United States, and by inserting in lieu thereof the following: having a population of 300,000 or more, according to the United States Decennial Census of 1970, or any such future census. 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 herewith are hereby repealed. Approved April 17, 1973. CERTAIN MUNICIPALITIESFIRE DEPARTMENTSPENSIONSSERVICE REQUIREMENTS CHANGED, ETC. (300,000 OR MORE). No. 458 (House Bill No. 177). An Act to amend the 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 for the payment of a pension to the widow of any member or pensioner whose death should occur not in line of duty but after such member or pensioner had completed five (5) years of active service or employment prior to his death; so as to provide that there shall be changed from ten (10) to five (5) years the period of time which one otherwise entitled to disability benefits might receive such after being in the active employment of the City; so as to change certain of the population figures and
Page 2838
census contained therein; so as 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 same, that the Act described in the caption hereof, as amended, be and the same is hereby further amended as follows: Section 1. By striking Section 5a, as contained in section 3 of an Act approved March 4, 1966 (Ga. L. 1966, pp. 2996, et seq.), which amended Section 5a, as contained in section 3 of an Act approved March 9, 1945 (Ga. L. 1945, pp. 1080, et seq.), which amended an Act approved March 28, 1935 (Ga. L. 1935, pp. 450, et seq.), which amended an Act approved August 24, 1931 (Ga. L. 1931, pp. 223, et seq.), all of said Acts being amendments to the Act set forth in the caption to this Act, and enacting in lieu thereof the following so as to provide for the payment of a pension to the widow of any member or pensioner whose death should occur not in line of duty but after such member or pensioner had completed five years of active service or employment prior to his death, and so as to provide that there shall be changed from ten to five years the period of time which one otherwise entitled to disability benefits might receive such after being in the active employment of the city: Section 5a. Should any member become totally disabled not in line of duty but not on account of injuries or ill health brought about on account of his own indiscretion so as to make such member unfit for fire duty or service, he shall receive a pension graduated as follows: After five (5) years of service, he shall be entitled to receive as a pension five-twentyfifths (5/25) of the pension that he would receive if he had served twenty-five (25) years, and each year thereafter there shall be a graduated increase based upon the number of years that he serves as bears to his years of service based upon the twenty-five (25) years. To illustrate, if he becomes totally disabled after eleven (11) years of service, he would be entitled to receive eleven-twentyfifths (11/25) of the full pension that he would be entitled to after twenty-five (25) years of service and progressively thereafter, so that if he should become disabled after twenty-four
Page 2839
(24) years of service, he would be entitled to receive twenty-four twentyfifths (24/25) of the pension he would be entitled to after serving twenty-five (25) years, but in no event shall he receive more than twenty-five twentyfifths (25/25) of the amount of pension he would have received after serving twenty-five (25) years. Service. Upon the death of any member or pensioner not in line of duty but after the completion of five (5) years of active service or employment prior to the date of such death, his widow, if any, shall be paid during the rest of her life or until she remarries three-fourths (3/4) of the pension that the member or pensioner would have been entitled to if he himself had applied for a pension at the time of his death and graduated according to the length of service of the deceased husband before his retirement on account of disability or before his death and the said graduated scale shall be on the same ratio and computed in the same manner as set out above in this section as to a member becoming totally disabled after five (5) years of service and applying for a disability pension except that the widow shall be entitled to only three-fourths (3/4) of the amount of pension that her husband would have been entitled to. To illustrate, after five (5) years of service, she would be entitled to three-fourths (3/4) of fivetwentyfifths (5/25) of the full pension that her husband would have been entitled to if he had served twenty-five (25) years, and the illustrations as applied to the first part of this Act are applicable here except that the widow would only be entitled to recover three-fourths (3/4) of the amount that her deceased husband would have been entitled to. Provided, however, that no such widow shall receive any sum hereunder, unless she was the lawful wife of said pensioner prior to the time he became disabled. If said pensioner or member die without leaving a widow, or if pensioner's widow was not the lawful wife of pensioner prior to his disability, the pensioner's minor child or children except children adopted subsequent to said pensioner's retirement from active service shall be paid the same gross sums according to the same graduated scale as set out above for the widow until such child or children reach the age of sixteen (16) years. In determining the number of years of service, fractional parts of years shall be counted. That is
Page 2840
to say, the person who has served eighteen (18) years and nine (9) months would be pensioned on a basis of eighteen and seventy-five one-hundredths twentyfifths (18.75/25) of the full pension or for eighteen (18) and three-fourths (3/4) years of service. Section 2. By repealing the words ten years in section 6 of an Act approved March 13, 1957 (Ga. L. 1957, pp. 2854, et seq.), which was an amendment to the Act set forth in the caption of this Act, and by substituting in lieu thereof the words five years, so that said Section, as amended, shall read as follows: Any person entitled to disability benefits arising from disability not in line of duty under the provisions of this Act, as amended, may receive such benefits after he has been in the active employment of the city for a period of five years. Section 3. 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 change certain of the population figures and census contained therein, is hereby amended by striking therefrom, wherever the same may appear the following: having a population of more than 150,000 as disclosed by the United States Census of 1920, or any subsequent census;, and by inserting in lieu thereof the following: having a population of more than 300,000 as disclosed by the United States Decennial Census of 1970, or any such future census;. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.
Page 2841
Section 5. That all laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. CERTAIN MUNICIPALITIESPENSION FOR GENERAL EMPLOYEES, ETC.BENEFITS CHANGED, ETC. (300,000 OR MORE). No. 463 (House Bill No. 203). An Act to amend the Act approved August 20, 1927 (Ga. L. 1927, pp. 265, et seq.), as amended, providing that cities having a population of more than 200,000 (as provided in an amendment to said Act in Ga. L. 1972, p. 3801, section 1, approved April 13, 1972), as disclosed by the United States census of 1920, or any subsequent census, and having a population of more than 300,000 (as provided in an amendment to said Act in Ga. L. 1972, p. 3803, section 1, approved April 13, 1972), according to the United States Decennial Census of 1970, or any such future 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 thereof: particularly as amended by Acts approved March 6, 1962 (Ga. L. 1962, pp. 3140, et seq.), and as amended by Acts approved March 4, 1966 (Ga. L. 1966, pp. 3106, et seq.); to provide that in determining pensions for total and permanent disability or death incurred in line of duty, as referred to in Section 1(e) of Ga. L. 1962, pp. 3140, et seq., such pensions shall be computed as therein set out or shall be a monthly pension equal to the amount such employee would have been eligible to receive with 35 years' service, whichever is greater; to provide for the payment to the widow, or minor children, or a member who shall die as a result of injuries incurred in the line of duty that compensation such member would have been entitled to receive during the year after his death; to repeal conflicting laws; and for other purposes. Be and it is hereby enacted by the General Assembly of Georgia as follows:
Page 2842
Section 1. That section 1(e) of the amendment to said Act, approved March 6, 1962 (Ga. L. 1962, pp. 3140, et seq.), amended by an Act approved March 4, 1966 (Ga. L. 1966, pp. 3106, et seq.), be amended by inserting the following provisions immediately before the last sentence of said section: Whenever any officer or employee shall become totally and permanently disabled as a result of an injury or illness sustained in the line of duty, regardless of the length of time of employment of such officer or employee, the pension for total and permanent disability or death resulting therefrom shall be computed by the same formula as is used for computing service pensions in subparagraph (c) above, or a monthly pension equal to the amount such officer or employee would have been entitled to receive with thirty-five (35) years' service, provided the average monthly earnings used in said computations shall not be less than the salary constituting the highest step in the salary range assigned to the job of such officer or employee immediately before such officer or employee becoming disabled or deceased, whichever is greater. So that said section, as amended, shall read as follows: Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to all the other benefits, as set forth in the relevant sections of this Act, as amended, prior to this amendment; provided, however, that partial pensions and pensions for total and permanent disability or death shall be computed by the same formula as is used for computing service pensions in subparagraph (c) above, and, provided, further, that pensions for beneficiaries designated under the terms of this Act, as amended, shall be one-half (1/2) of the amount the pensioner was receiving or would have received had he exercised his right to retire. Provided, however, that in no event shall the designated beneficiary receive less than she would have received under this Act, as amended, prior to this amendment. Provided, further, that, if said beneficiary is more than five (5) years younger than the pensioner, there shall be deducted from her pension one-twelfth (1/12) of two per cent (2%) per month for each month that she is more than
Page 2843
five (5) years younger than the pensioner; provided, however, that said reduction of one-twelfth (1/12) of two per cent (2%) per month shall not apply, if the beneficiary is sixty (60) years or more of age at the time she becomes eligible for benefits. Whenever any officer or employee shall become totally and permanently disabled as a result of an injury or illness sustained in the line of duty, regardless of the length of time of employment of such officer or employee, the pension for total and permanent disability or death resulting therefrom shall be computed by the same formula as is used for computing service pensions in subparagraph (c) above, or a monthly pension equal to the amount such officer or employee would have been entitled to receive with thirty-five (35) years' service, provided the average monthly earnings used in said computations shall not be less than the salary constituting the highest step in the salary range assigned to the job of such officer or employee immediately before such officer or employee becoming disabled or deceased whichever is greater. In determining pensions for total and permanent disability or death, referred to above, fractional parts of years of service shall be counted. Section 2. That Section 1 of the amendment to said Act, approved March 6, 1962 (Ga. L. 1962, pp. 3140, et seq.), as subsequently amended, be amended by adding a new subsection to be designated as (j), and which shall read as follows: When any person covered by the provisions of this Act shall die as a result of injuries incurred in the line of duty, the compensation to which he would have been entitled shall be continued for one year and paid to his widow, or minor children (natural or legally adopted), if no widow. Any compensation received by the member due to said injury shall be deducted from the one year's compensation herein provided for. At the expiration of the one year period referred to above, the pension benefits for widow shall be computed by the same formula as set forth in subsection (e) above. The pension benefits for widow provided by this amendment shall be continued to the minor child or children (natural or legally adopted) upon the death or remarriage
Page 2844
of the widow until the youngest child shall have become 18 years of age. 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. That all laws and parts of laws in conflict herewith are hereby repealed. Approved April 17, 1973. CITY OF ATLANTACHARTER AMENDEDTIME FOR ISSUING DELINQUENT TAX EXECUTIONS CHANGED. No. 464 (House Bill No. 208). 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, particularly an Act approved February 20, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2490); to repeal conflicting laws; and for other purposes. Be and it is hereby enacted by the General Assembly of the State of Georgia that an Act entitled An Act to establish a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, particularly an Act approved February 20, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2490), be further amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby
Page 2845
declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. That Section 2 of an Act approved February 20, 1953 (Ga. L. 1953, Jan.-Feb. Sess., pp. 2490, 2491), be amended by striking therefrom the words December 1st wherever they appear and substituting in lieu thereof the words December 20th; and by striking the words December 2nd and substituting in lieu thereof the words December 21st so that said section 2, when amended, should read as follows: If any ad valorem tax or portion of ad valorem tax is not paid at the time prescribed by ordinance, execution shall be issued for the entire tax or the unpaid balance of the entire tax on December 20th and shall bear interest from August 15; provided however, if December 20th of any year shall fall on Sunday, then the fi. fa. shall be dated December 21st. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, William H. Alexander, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the Sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: 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 1973 Session
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of the General Assembly of Georgia, which convenes on Monday, January 8, 1973, 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 14th day of December, 1972. Henry L. Bowden, City Attorney City of Atlanta This 15th day of January, 1973. /s/ William H. Alexander Sworn to and subscribed before me, this the 15th day of January, 1973. /s/ Amelia Smith Notary Public, Georgia, State at Large My Commission Expires Oct. 11, 1976. (Seal). Approved April 17, 1973. BURKE COUNTYSUPERIOR COURT TERMS CHANGED. No. 465 (House Bill No. 215). An Act to amend an Act changing the terms of the Superior Court of Burke County, approved March 2, 1966 (Ga. L. 1966, p. 109), so as to change the date for the beginning of the terms of the Superior Court of Burke County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act changing the terms of the Superior Court of Burke County, approved March 2, 1966 (Ga. L. 1966, p. 109), is hereby amended by striking Section 1 in its entirety, which reads as follows: Beginning with the year 1966 and each year thereafter, the Superior Court of Burke County shall convene on the fourth Monday in April and the fourth Monday in October. and substituting in lieu thereof a new Section 1, to read as follows: Section 1. Beginning with the year 1973 and each year thereafter, the Superior Court of Burke County shall convene on the second Monday in May and November. 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 17, 1973. CITY OF PERRYCHARTER AMENDEDQUALIFYING FEES FOR CERTAIN OFFICES INCREASED. No. 466 (House Bill No. 221). An Act to amend an Act creating a new charter for the City of Perry, approved March 29, 1937 (Ga. L. 1937, p. 2029), as amended, particularly by an Act approved March 10, 1970 (Ga. L. 1970, p. 2341), so as to increase the qualifying fees of candidates for the offices 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 creating a new charter for the City of Perry, approved March 29, 1937 (Ga. L. 1937, p. 2029), as
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amended, particularly by an Act approved March 10, 1970 (Ga. L. 1970, p. 2341), is hereby amended by striking from the last paragraph of section 4 the following: $10.00., and $25.00., and inserting in lieu thereof the following: $100.00. and $200.00., respectively, so that when amended the last paragraph of section 4 will read as follows: Candidates qualifying for the office of councilmen, at the time of their qualification, shall be required to pay a qualification fee of $100.00. Candidates qualifying for the office of mayor at the time of their qualification, shall be required to pay a qualification fee of $200.00. Fees. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the city of Perry, approved March 29, 1937 (Ga. L. 1937, p. 2029), as amended; and for other purposes. This 19th day of December, 1972. Larry Walker Representative, 100th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker who, on oath, deposes and says that he is Representative from the 100th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston
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County, on the following dates: December 28, 1972 and January 4 11, 1973. /s/ Larry Walker Representative, 100th District Sworn to and subscribed before me, this 15th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF PERRYCHARTER AMENDEDMAYOR AND COUNCILELECTION BY MAJORITY VOTE PROVIDED, ETC. No. 467 (House Bill No. 222). An Act to amend an Act creating a new charter for the City of Perry, approved March 29, 1937 (Ga. L. 1937, p. 2029), as amended, particularly by an Act approved March 10, 1970 (Ga. L. 1970, p. 2341), so as to provide that the mayor and councilmen shall be elected by a majority vote; 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 Perry, approved March 29, 1937 (Ga. L. 1937, p. 2029), as amended, particularly by an Act approved March 10, 1970 (Ga. L. 1970, p. 2341) is hereby amended by adding a new section between sections 4 and 5 to be designated section 4A and to read as follows:
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Section 4A. Candidates for mayor and councilmen shall be elected only by a majority of the votes cast at the elections provided for by section 4 of this Act. Candidates for councilman shall designate the council post for which they are offering. In the event no candidate for mayor or no candidate for any council post receives a majority of the votes cast at said elections, then a runoff election shall be held in accordance with the provisions of subsection (b) of Code section 34A-1407 of the `Georgia Municipal Election Code.' Majority vote required. Section 2. Said Act is further amended by striking section 15 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 1973 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Perry, approved March 29, 1937 (Ga. L. 1937, p. 2029), as amended; and for other purposes. This 19th day of December, 1972. Larry Walker Representative, 100th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker who, on oath, deposes and says that he is Representative from the 100th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston
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County, on the following dates: December 28, 1972 and January 4 11, 1973. /s/ Larry Walker Representative, 100th District Sworn to and subscribed before me, this 15th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF LEESBURGNEW CHARTER. No. 468 (House Bill No. 238). An Act to create a new charter for the City of Leesburg, Georgia, and to repeal and replace the charter provided by an Act establishing a new charter for the Town of Leesburg, approved December 21, 1898 (Ga. L. 1898, p. 204), as amended; 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: CITY OF LEESBURG ARTICLE I Section 1.10. Incorporation. This Act shall constitute the whole charter of the City of Leesburg repealing and replacing the charter provided by an Act of the General Assembly approved December 21, 1898 (Ga. L. 1898, p. 204) as amended. The City of Leesburg, Georgia, in the county of
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Lee and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of City of Leesburg, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.11. Incorporation. The City of Leesburg, Georgia, in the County of Lee, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Leesburg, Georgia. Under that name, said City shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with, may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.12. Corporate Boundaries. (a) The boundaries of the City of Leesburg shall be those existing on the effective date of this Act with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of Leesburg, at all times, shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the City Clerk and to be designated, as the case may be: Map (or Description) of the Corporate Limits of the City of Leesburg, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map or description. Such entries or additions shall be made by and under the direction of the mayor. Photographic, typed, or other copies of such map or description certified by the City Clerk shall be admitted in evidence in all courts and shall have the same force and effect as with the original map or description.
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(b) The City Council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.13. Specific Powers. The corporate powers of the government of the City of Leesburg, to be exercised by the governing authority, may include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions, and to license and regulate such privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the City, to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city; (4) To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this Charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City; (6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;
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(7) To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia, 1933, or under other applicable Public Acts as are or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage, disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of 5 years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission; (10) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the City; (11) To grant franchises and rights-of-way throughout the streets and roads for the use of public utilities; (12) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, airports, hospitals, and charitable, cultural 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
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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, as are or may be enacted; (13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license all building trades, and to license the construction and erection of buildings and all other structures. The provisions of this subsection shall not be construed to authorize the establishment of standards for, or the regulation of the electrical wiring and equipment by or for a utility rendering communication services and required by it to be utilized in the rendition of its duly authorized service to the public; (15) To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (16) To regulate or prohibit junk dealers; pawn shops; the use and sale of firearms; and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (18) To license, tax, regulate, or prohibit professional fortune telling or palmistry;
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(19) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances; (20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (21) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the City; (22) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (25) To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges;
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(26) To levy a fee, charge of sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (27) To charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (28) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; (29) To define a nuisance and provide for its abatement whether on public or private property; (30) To provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (31) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the City and to provide for the enforcement of such standards; (32) To provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;
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(33) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the City and to prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other conduct and activities within said City which, while not constituting an offense against the laws of this State, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the City or to the welfare of the citizens thereof; (34) To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinance enacted thereunder; (35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the City; (36) To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (37) To provide and maintain a system of pensions and retirement for officers and employees of the City; (38) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (39) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (40) To create, alter or abolish departments; boards, offices, commissions and agencies of the City, and to confer
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upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the City and the inhabitants thereof, and for preserving the health, peace, order and good government of the City; (42) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of the State of Georgia; (43) To exercise the power of arrest through duly appointed policemen; (44) To establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City; (45) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this Charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.
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Section 1.14. General Powers . In addition to all other powers granted, the City shall be vested with any and all powers which municipal corporations are or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the City was heretofore authorized to exercise upon the effective date of this Charter. Section 1.15. Construction . The powers of the City shall be construed liberally and in favor of the City. The specific mention or failure to mention particular powers in this Charter shall not be construed as limiting in any way the general power of the City as stated in this Charter. It is the intention hereof to grant the City full power and right to exercise all governmental authority necessary for the effective operation and conduct of the City and all of its affairs. Section 1.16. Exercise of Powers . All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. Section 1.17. Ordinances . All ordinances, bylaws, rules and regulations now in force in the city not inconsistent with this Charter, are hereby declared valid and of full effect and force until amended or repealed by the governing authority. ARTICLE II Legislative Branch Section 2.10. Creation; Composition; Number; Election . The legislative authority of the government of the City of Leesburg except as otherwise specifically provided in this Charter, shall be vested in a City Council to be composed of a mayor and 5 councilmen. The mayor and councilmen shall
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be elected in the manner provided by Article IV of this Charter. Section 2.11. Terms and Qualification of Office . The members of the Council shall serve for terms of 2 years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the City for a period of 1 year immediately prior to the date of the election of mayor or members of the Council and shall continue to reside therein during his period of service, and shall be registered and qualified to vote in municipal elections of the City of Leesburg, and unless he shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies . (a) VacanciesThe office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this Charter or the laws of the State of Georgia. (b) Forfeiture of OfficeThe mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this Charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this Charter; or (3) is convicted of a crime involving moral turpitude. (c) Filling of VacanciesA vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article IV. Section 2.13. Compensation and Expenses . The councilmen shall receive as compensation for their services the amount of $300.00 per year. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office.
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Section 2.14. Prohibitions. (a) Holding other Office. Except as authorized by law, no member of the Council shall hold any other elective City office or City employment during the term for which he was elected. (b) Voting When Personally Interested. Neither the mayor nor any other member of the Council shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and Investigations. The Council may make inquiries and investigations into the affairs of the City and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be punished as provided by ordinance. Section 2.17. General Power and Authority of the Council. (a) Except as otherwise provided by law or by this Charter, the Council shall be vested with all the powers of government of the City of Leesburg as provided by Article I. (b) In addition to all other powers conferred upon it by law, the Council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this Charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Leesburg and may enforce such ordinance by imposing penalties for violation thereof. (c) The council may by ordinance create, change, alter, abolish, or consolidate offices, agencies and departments, of the City and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this Charter. Section 2.20. Chief Executive Officer. The mayor shall be the chief executive of the City of Leesburg. He shall possess,
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have, and exercise all of the executive and administrative powers granted to the City under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this Charter. Section 2.21. Term; Qualification; Compensation. The mayor shall be elected for a term of 2 years and until his successor is elected and qualified. He shall be a qualified elector of the City of Leesburg, shall meet the qualifications required of members of the State House of Representatives by the Georgia Constitution, and shall have been a resident of the City of Leesburg for a period of 1 year immediately preceding his election. He shall continue to reside in the City of Leesburg during the period of his service. The compensation of the mayor shall be $600.00 per year. Section 2.22. Powers and Duties. As the chief executive of the City of Leesburg, the mayor shall: (a) see that all laws and ordinances of the City are faithfully executed; (b) appoint and remove all officers, department heads, and employees of the City except as otherwise provided in this Charter; (c) exercise supervision over all executive and administrative work of the City and provide for the coordination of administrative activities; (d) prepare and submit to the Council a recommended annual operating budget and recommended capital budget; (e) submit to the Council at least once a year a statement covering the financial conditions of the City and from time to time, such other information as the Council may request; (f) recommend to the Council such measures relative to the affairs of the City, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient;
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(g) call special meetings of the Council; (h) examine and audit all accounts of the City before payment; (i) require any department or agency of the City to submit written reports with connection to the affairs thereof whenever he deems it expedient; (j) perform other duties as may be required by law, this Charter or ordinance. Section 2.23. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem, or in his absence or disability for any reason, any one of the councilmen chosen by the Council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. The compensation of the mayor pro tem shall be $380.00 per year. ARTICLE III EXECUTIVE BRANCH Organization and General Provisions Section 3.10. Administrative and Service Departments. (a) The Council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments and agencies of the City, as they shall deem necessary for the proper administration of the affairs and government of the City. The Council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the City. (b) The operations and responsibilities of each department now or hereafter established in the City shall be distributed
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among such divisions or bureaus as may be provided by ordinance of the Council. Each department shall consist of such officers, employees, and positions as may be provided by this Charter or by ordinance, and shall be subject to the general supervision and guidance of the mayor and Council. (c) Except as otherwise provided by this Charter, the directors of departments and other appointed officers of the City shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this Charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the City Council. Section 3.20. City Manager. 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 so doing, the Council may specifically delegate the City manager any of the administrative or budgetary duties of the mayor. Section 3.30. City Attorney. The Council shall appoint a City attorney and shall provide for the payment of such attorney for services rendered to the City. The City attorney shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in the 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 may be required of him by virtue of his position as City attorney.
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Administrative Officers Section 3.40. City Clerk. The Council may appoint a City Clerk to keep a journal of the proceedings of the City Council and to maintain in a safe place all records and documents pertaining to the affairs of the City, and to perform such other duties as may be required by law or as the Council may direct. Section 3.41. Tax Collector. The Council may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this Charter and the ordinances of the City, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. Section 3.42. City Accountant. The Council may appoint a City accountant to perform the duties of an accountant. Section 3.43. Consolidation of Functions. The Council may consolidate any two or more of the positions of City Clerk, City tax collector, and City accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The City manager may also, with the approval of the City council, perform all or any part of the functions of any of the positions or offices in lieu of appointing other persons to perform the same. Personnel Administration Section 3.50. Position Classification and Pay Plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the Council for approval. Said plans may apply to all employees of the City of Leesburg, and of any of its agencies and offices. When a pay plan has been adopted the Council shall not increase or decrease the salaries of the individual employees except by amendment of said pay plan.
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Section 3.51. Personnel Policies. The Council shall adopt rules and regulations consistent with this Charter concerning: (1) the method of employee selection and probationary periods of employment; and (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Leesburg. ARTICLE IV ELECTIONS RepresentationGeneral Provisions Section 4.10. Regular Elections; Time for Holding. On the first Thursday in January, 1974, and on this date biennially, an election shall be held for a mayor and 5 councilmen who shall take office on the first Tuesday in February following the election. Section 4.11. Qualifying: Nomination of Candidates, Absentee Ballots. The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of election in the City of Leesburg. Conduct of Elections Section 4.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Leesburg as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code approved April 4, 1968, (Ga. L. 1968, p. 885) as now or hereafter amended.
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Section 4.21. Special Elections; Vacancies. In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, the Council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within 6 months of the expiration of the term of office of the mayor or any councilman, said vacancy in office shall be filled by appointment by the remaining members of the Council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this Charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as now or hereafter amended. ARTICLE V Miscellaneous Section 5.10. Specific Repealer. An Act entitled: An Act to establish a new charter for the Town of Leesburg, in the County of Lee, State of Georgia, to grant certain privileges to said town; to repeal all Acts in conflict; to define the limits of the same; to provide for the election of officers; to prescribe their duties, rights and powers; and for other purposes., approved December 21, 1898 (Ga. L. 1898, p. 204), as amended, is hereby repealed in its entirety. Section 5.11. 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 1973 Session of the General Assembly of Georgia, a bill to create a new charter for the city of Leesburg, Georgia, and for other purposes, being an act to repeal and replace an act of the General Assembly of Georgia, approved December 21, 1898, and the acts amendatory thereof, entitled, New Charter for the City of Leesburg. This 11th day of December, 1972. Thad Gibson Attorney for the City of Leesburg.
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Colquitt Odom who, on oath, deposes and says that he is Representative from the 114th 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 13, 20, 27, 1972. /s/ Colquitt H. Odom Representative, 114th District Sworn to and subscribed before me, this 15th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CHATTAHOOCHEE COUNTYBOARD OF COMMISSIONERSCOMPENSATION OF CLERK CHANGED. No. 469 (House Bill No. 242). An Act to amend an Act entitled An Act to repeal an Act approved August 5, 1913, and all Acts amendatory thereof, creating a board of commissioners of roads and revenues in and for the County of Chattahoochee, providing for the appointment, qualifications, duties, etc., of the commissioners; providing for a clerk, etc., (Ga. L. 1913, pp. 353-357); and creating in lieu thereof a new board of commissioners of roads and revenues for said county; providing for the election thereof, defining their jurisdiction, prescribing, their qualifications, duties, powers and
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compensation; and providing for the employment of a clerk for said board; and for other purposes., approved March 16, 1937 (Ga. L. 1937, p. 1283), as amended, so as to change the compensation of the clerk of the Board of Commissioners of Chattahoochee County; 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 repeal an Act approved August 5, 1913, and all Acts amendatory thereof, creating a board of commissioners of roads and revenues in and for the County of Chattahoochee, providing for the appointment, qualifications, duties, etc., of the commissioners; providing for a clerk, etc., (Ga. L. 1913, pp. 353-357); and creating in lieu thereof a new board of commissioners of roads and revenues for said county; providing for the election thereof, defining their jurisdiction, prescribing, their qualifications, duties, powers, and compensation; and providing for the employment of a clerk for said board; and for other purposes., approved March 16, 1937 (Ga. L. 1937, p 1283), as amended, is hereby amended by striking from section 9 the following: one hundred fifty ($150.00) dollars per month, and inserting in lieu thereof the following: two hundred fifty ($250.00) dollars per month, so that when so amended, section 9 shall read as follows: Section 9. The commissioners shall elect a clerk for said board, whose duty it shall be to keep, in a well-bound book, a complete record of the acts and doings of said board and said clerk shall perform any other duties as the board may require of him and shall hold office at the will of said board, and shall receive such compensation as the board may fix, not to exceed the sum of two hundred fifty ($250.00) dollars per month. Before entering upon the discharge of his duties, said clerk shall give bond in the amount of one thousand ($1,000.00) dollars subject to the approval of the commissioners, conditioned for the faithful performance of his duties as clerk, payable to the Governor. Clerk.
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Section 2. All laws and parts of laws in conflict with this Are are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia a bill to change the compensation of the Clerk of the Board of Commissioners of Chattahoochee County; to repeal conflicting laws; and for other purposes. Don Castleberry Representative-Elect 96th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he is Representative from the 96th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattahoochee County, on the following dates: December 29, 1972 and January 5, 12, 1973. /s/ Don Castleberry Representative, 96th District Sworn to and subscribed before me, this 15th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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CHATTAHOOCHEE COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED. No. 470 (House Bill No. 243). An Act to amend an Act abolishing the office of tax collector and tax receiver and creating the office of Tax Commissioner of Chattahoochee County, approved March 9, 1935 (Ga. L. 1935, p. 601), as amended, 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 abolishing the office of tax collector and tax receiver and creating the office of Tax Commissioner of Chattahoochee County, approved March 9, 1935 (Ga. L. 1935, p. 601), as amended, is hereby amended by striking from section 4 the following: less than $150.00 per month nor more than $200.00 per month, and inserting in lieu thereof the following: less than $300.00 per month nor more than $400.00 per month, so that when so amended, section 4 shall read as follows: Section 4. The salary of the Tax Commissioner of said County of Chattahoochee shall not be less than $300.00 per month nor more than $400.00 per month, the exact amount of the salary of the Tax Commissioner of Chattahoochee County to be determined by the Board of Commissioners of Chattahoochee County at their first regular meeting in March of each and every year. The tax commissioner shall be compensated in equal monthly installments from the funds of Chattahoochee County. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia a bill to change the compensation of the Chattahoochee County Tax Commissioner; to repeal conflicting laws; and for other purposes. /s/ Don Castleberry Representative-Elect, 96th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he is Representative from the 96th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Enquirer which is the official organ of Chattahoochee County, on the following dates: December 29, 1972 and January 5, 12, 1973. /s/ Don Castleberry Representative, 96th District Sworn to and subscribed before me, this 15th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF PERRYCHARTER AMENDEDWOODLAND LOT TAX PROHIBITION STRICKEN. No. 471 (House Bill No. 252). An Act to amend an Act creating a new charter for the City of Perry, approved March 29, 1937 (Ga. L. 1937, p. 2029), as amended, particularly by an Act approved February 7,
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1950 (Ga. L. 1950, p. 2125), so as to strike the provision of said charter prohibiting the taxation of woodland of five or more acres until it is laid off in lots; 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 Perry, approved March 29, 1937 (Ga. L. 1937, p. 2029), as amended, particularly by an Act approved February 7, 1950 (Ga. L. 1950, p. 2125), is hereby amended by striking the following sentence: No field or woodland exceeding five (5) acres shall be subject to taxation until the same is laid off into city lots. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Perry, approved March 29, 1937 (Ga. L. 1937, p. 2029), as amended; and for other purposes. This 19th day of December, 1972. Larry Walker Representative 100th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker who, on oath, deposes and says that he is Representative from the 100th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston
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County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ Larry Walker Representative, 100th District Sworn to and subscribed before me, this 15th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. STEPHENS COUNTYCORONER PLACED ON SALARY. No. 472 (House Bill No. 254). An Act to abolish the present mode of compensating the Coroner of Stephens 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 Coroner of Stephens County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.
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Section 2. The Coroner of Stephens County shall receive a monthly salary of $100.00, payable monthly from county funds. Salary. Section 3. After the effective date of this Act, said coroner 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 treasurer 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 coroner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The necessary operating expenses of the coroner's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Stephens County. Expenses. 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.
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Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the January 1973 session of the General Assembly of Georgia, a bill to abolish the present mode of compensating the coroner of Stephens County, known as the fee system; to provide in lieu thereof an annual salary; to provide for the collection, disposition and accounting of all fees, fines, forfeitures, costs, commissions, allowances, penalties, funds, moneys or any other emoluments or perquisites formerly allowed the coroner; to provide the procedures connected therewith; and for other purposes. This 12th day of December, 1972. C. L. Mills, Toccoa, Ga. Chairman, Stephens County Commission January 10, 1973. Charles A. Hamilton, publisher of The Toccoa Record, a weekly newspaper with general circulation in the County of Stephens, State of Georgia, does hereby certify that the following advertisement was published in The Toccoa Record on December 14, 21, and 28, 1972 as it herein appears. /s/ Charles A. Hamilton The foregoing appeared before me, this day and duly affixed his signature. /s/ Mary Chambers Notary (Seal). Approved April 17, 1973.
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NEWTON COUNTYTAXATION PROVIDED FOR BUSINESSES IN UNINCORPORATED AREAS. No. 474 (House Bill No. 296). An Act to authorize the Board of Commissioners of Newton County, for regulatory and revenue purposes, to levy, assess and collect a license fee from any person, firm or corporation, except those subject to regulation by the Georgia Public Service Commission, who may maintain a place of business or who in any manner engage in any type of business in any area outside the incorporated limits of municipalities; to authorize the Board to levy and collect excise taxes in connection with any amusement or sporting activity in any unincorporated area of Newton County; to provide that the Board shall have the right to regulate and exercise police powers over businesses within the unincorporated areas of said county; to provide penalties for violations; to provide for all other 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 Newton County is hereby authorized, for regulatory and revenue purposes, to levy, assess and collect a license fee from any person, firm or corporation, except those subject to regulation by the State Public Service Commission, who may maintain a place of business or who may in any manner engage in any type of business in any area of Newton County outside the incorporated limits of municipalities and to levy and collect excise taxes in connection with any amusement or sporting activity in any unincorporated area of Newton County. To provide for public welfare, health and security of the people of Newton County, the Board shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county, except those subject to regulation by the State Public Service Commission and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any regulations adopted by the Board shall constitute a misdemeanor
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and shall be punishable as such upon conviction thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to authorize the Board of Commissioners of Newton County, Georgia, to regulate, levy, assess and collect license fees according to the local constitutional amendment passed by the people of Newton County, Georgia in the November General Election of 1972. This 26th day of December, 1972. J. W. (Jim) Morgan Representative, District No. 70 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 70th 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 28, 1972 and January 4, 11, 1973. /s/ J. W. Morgan Representative, 70th District Sworn to and subscribed before me, this 15th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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CERTAIN MUNICIPALITIESFIRE DEPARTMENTINCREASED PENSION BENEFITS PROVIDED. (300,000 OR MORE). No. 475 (House Bill No. 302). An Act to amend the Act approved August 13, 1924 (Ga. L. 1924, pp. 167-173), and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid fire departments so as to provide increased pension benefits for such members and their dependents; 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 approved August 13, 1924 (Ga. L. 1924, pp. 167-173), providing a system of pensions and other benefits for members of paid fire departments in cities having certain population, and the several Acts amendatory thereof, be and the same is hereby further amended as follows: Section 1. A. Pension payments due to former officers and employees who have retired as a matter of right prior to the effective date of this Act, and who have to their credit twenty-five years or more of active service with said city and have been awarded pensions under the terms of this Act, as amended, shall have their pensions recomputed on the following basis: (1) Subject to the limitations hereinafter set forth, there shall be paid to such former officers and employees a basic pension of $190.00 per month. (2) In addition to the basic pension provided in the preceding subparagraph, there shall be paid the sum of $6.00 per month for each full year's active service in excess of twenty-five years. For each full year's active service in excess of thirty-five years, there shall be paid an additional $10.00 per month. The record kept in the office of the Department of Finance, Division of Pensions, shall be conclusive as to the time served.
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(3) The aggregate of all pension benefits payable to former officers and employees under the provisions of this Act shall be limited in that the same shall not exceed seventy-five (75%) per cent of the average monthly salary paid to such officer or employee for the last year of employment in active service. B. Former officers and employees who retired prior to the effective date of this Act, but who had less than twenty-five years of active service with said city, but who had been awarded pensions under the terms of this Act as heretofore amended, shall be paid that proportion of the basic pension provided in Paragraph (1) of subsection A of Section 1 above as the length of their service, measured in full years of service, bears to twenty-five years. C. No recomputation provided for under this Act shall be made, if the result thereof would be to reduce pension payments already received by any former officer or employee. D. 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 recomputed under the terms and provisions of this Act, so as to make the same applicable to such deceased former officers and employees, and the benefits payable to their dependents on account thereof. E. 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 the retirement, resignation or other withdrawal from service of such former officer or employee. F. Increased benefits payable under the terms of this Act shall be paid out of general funds of the City of Atlanta. G. The provisions of this Act shall be effective as of January 1, 1973. Effective date. Section 2. Said Act, approved August 13, 1924 (Ga. L. 1924, p. 167), as amended, is hereby amended by striking
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from said Act, and the amendatory Acts thereof, wherever the same shall appear, the following: having a population of more than 150,000 by the United States Census of 1920, and any subsequent census, and inserting in lieu thereof the following: having a population of more than 300,000 according to the United States Decennial Census of 1970, or any such future census. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. CERTAIN MUNICIPALITIESPOLICE DEPARTMENTSINCREASED PENSIONS PROVIDED. (300,000 OR MORE). No. 476 (House Bill No. 303). An Act to amend the Act approved February 15, 1933 (Ga. L. 1933, p. 213 et seq.), providing for pensions for members of police departments in cities having a certain population and for other purposes, more fully set out in the caption of said Act, and the several Acts amendatory thereof, so as to provide increased pension benefits for such members and their dependents; 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 approved February 15, 1933 (Ga. L. 1933, p. 213 et seq.), providing for pensions for members of police departments in cities having a certain population, and the several Acts amendatory thereof, be and the same is hereby further amended as follows:
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Section 1. A. Pension payments due to former officers and employees who have retired as a matter of right prior to the effective date of this Act, and who have to their credit twenty-five years or more of active service with said city and have been awarded pensions under the terms of this Act, as amended, shall have their pensions recomputed on the following basis: (1) Subject to the limitations hereinafter set forth, there shall be paid to such former officers and employees a basic pension of $190.00 per month. (2) In addition to the basic pension provided in the preceding subparagraph, there shall be paid the sum of $6.00 per month for each full year's active service in excess of twenty-five years. For each full year's active service in excess of thirty-five years, there shall be paid an additional $10.00 per month. The record kept in the office of the Department of Finance, Division of Pensions, shall be conclusive as to the time served. (3) The aggregate of all pension benefits payable to former officers and employees under the provisions of this Act shall be limited in that the same shall not exceed seventy-five (75%) per cent of the average monthly salary paid to such officer or employee for the last year of employment in active service. B. Former officers and employees who retired prior to the effective date of this Act, but who had less than twenty-five years of active service with said city, but who have been awarded pensions under the terms of this Act as heretofore amended, shall be paid that proportion of the basic pension provided in Paragraph (1.) of subsection A of Section 1 above as the length of their service, measured in full years of service, bears to twenty-five years. C. No recomputation provided for under this Act shall be made, if the result thereof would be to reduce pension payments already being received by any former officer or employee.
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D. 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 recomputed under the terms and provisions of this Act, so as to make the same applicable to such deceased former officers and employees, and the benefits payable to their dependents on account thereof. E. 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 the retirement, resignation or other withdrawal from service of such former officer or employees. F. Increased benefits payable under the terms of this Act shall be paid out of general funds of the City of Atlanta. G. The provisions of this Act shall be effectiye as of January 1, 1973. Effective date. Section 2. Said Act, approved February 15, 1933 (Ga. L. 1933, p. 213), as amended, is hereby amended by striking from said Act, and the amendatory Acts thereof, wherever the same shall appear, the following: having a population of 150,000 or more, according to the last census of the United States, and inserting in lieu thereof the following: having a population of more than 300,000 according to the United States Decennial Census of 1970. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973.
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CERTAIN MUNICIPALITIESPENSION BENEFITS INCREASEDGENERAL EMPLOYEES. No. 477 (House Bill No. 304). An Act to amend an Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.), providing that cities having a certain population shall furnish pensions to officers and employees of such cities, and for other purposes, so as to provide increased pension benefits for such officers and employees and their dependents; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.), providing that cities having a certain population shall furnish pensions to officers and employees of such cities, and for other purposes, and the several Acts amendatory thereof, be further amended as follows: Section 1. A. Pension payments due to former officers and employees who have retired as a matter of right prior to the effective date of this Act, and who have to their credit twenty-five years or more of active service with said city and have been awarded pensions under the terms of this Act, as amended, shall have their pensions recomputed on the following basis: (1) Subject to the limitations hereinafter set forth, there shall be paid to such former officers and employees a basic pension of $190.00 per month. (2) In addition to the basic pension provided in the preceding subparagraph, there shall be paid the sum of $6.00 per month for each full year's active service in excess of twenty-five years. For each full year's active service in excess of thirty-five years, there shall be paid an additional $10.00 per month. The record kept in the office of the Department of Finance, Division of Pensions, shall be conclusive as to the time served.
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(3) The aggregate of all pension benefits payable to former officers and employees under the provisions of this Act shall be limited in that the same shall not exceed seventy-five (75%) per cent of the average monthly salary paid to such officer or employee for the last year of employment in active service. B. Former officers and employees who retired prior to the effective date of this Act, but who had less than twentyfive years of active service with said city, but who have been awarded pensions under the terms of this Act as heretofore amended, shall be paid that proportion of the basic pension provided in Paragraph (1.) of subsection A of section 1 above as the length of their service, measured in full years of service, bears to twenty-five years. C. No recomputation provided for under this Act shall be made, if the result thereof would be to reduce pension payments already being received by any former officer or employee. D. 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 recomputed under the terms and provisions of this Act, so as to make the same applicable to such deceased former officers and employees, and the benefits payable to their dependents on account thereof. E. 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. F. Increased benefits payable under the terms of this Act shall be paid out of general funds of the City of Atlanta. G. The provisions of this Act shall be effective as of January 1, 1973. Effective date.
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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1973. CITY OF JEFFERSONNEW CHARTER. No. 481 (House Bill No. 452). An Act to reincorporate the City of Jefferson in the County of Jackson; 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 in force in the City of Jefferson, which are not inconsistent with this Act; 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 enactment of city legislation; to provide that certain political activity shall be prohibited; to provide for planning; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for special assessments; 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 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:
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ARTICLE I CHARTER, CITY LIMITS AND CORPORATE POWERS Section 1.01. Reincorporation. This Act shall constitute the whole charter of the City of Jefferson, Georgia, repealing and replacing the charter as provided by Ga. L. 1899, p. 214, as amended, particularly but not limited to Ga. L. 1909, p. 974; Ga. L. 1912, p. 1014; Ga. L. 1914, p. 1014; Ga. L. 1916, p. 755; Ga. L. 1916, p. 757; Ga. L. 1917, p. 696; Ga. L. 1918, p. 705; Ga. L. 1919, p. 1062; Ga. L. 1923, p. 693; Ga. L. 1941, p. 1566; and Ga. L. 1961, p. 2952. The City of Jefferson, Georgia, in the County of Jackson, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Jefferson, 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 Jefferson shall extend three quarters of a mile in every direction from the center of the public square as it is presently located in said city, and in addition shall include the area described as follows: All those tracts or parcels of land lying and being in the 245th District, G. M. of Jackson County, Georgia, and designated as Lots Numbers 1 through 24 inclusive as shown by plat of W. T. Dunahoo and Associates, dated February 19, 1972, said plat being of record in the Office of the Clerk of the Superior Court of Jackson County, Georgia, in Plat Book 6, page 379. Except from Tract 19 thereof all of those lots of the subdivision of the Jefferson Mills Welfare Association shown as Lots Numbers 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, 22, 23, 25, 26, 27, 28, 29, 30 and 31 on plat of said subdivision, said plat being prepared by Nat Hancock, Surveyor, dated May, 1948, and recorded in the Office of the Clerk of Jackson Superior Court in Plat Book 2, page 201. Except from Tract 17 thereof all of those lots of the Southworth subdivision shown as Lot Number 10 Block C
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on plat of said subdivision, said plat being prepared by Nat Hancock, Surveyor, dated October, 1957, and recorded in the Office of the Clerk of Jackson Superior Court in Plat Book 3, page 189. Section 1.03. Corporate Powers. 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, 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 boundaries of the city, for present or future use,
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and for any corporate purpose deemed necessary by the mayor and council, under Section 36-202 of the Code of Georgia of 1933, or under other applicable public acts. (f) To acquire, construct, operate, distribute, sell and dispose of public utilities, including but not limited to a waterworks system, sewerage system, a natural gas system, an electric 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, or the regulations of the Public Service Commission or any other State or Federal agency having jurisdiction in such matters. (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 of 1933, or other applicable public acts. (i) To prescribe standards of health and sanitation and to provide for the enforcement of such standards.
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(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 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. The provisions of this subsection shall not be construed to authorize the establishment of standards for, or the regulation of the electrical wiring and equipment by or for a utility rendering communication services and required by it to be utilized in the rendition of its duly authorized service to the public. (n) To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works or on the public streets of the city as provided by ordinances; 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 the appropriate county or governmental officers.
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(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 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 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 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 or State law. (s) 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. (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.
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(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 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. 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 Jefferson shall be vested in a mayor and five aldermen to be known as the Mayor and Council of the City of Jefferson. The mayor and council shall be elected by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution, and applicable general laws of the state of Georgia, or if not prescribed,
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in such manner as prescribed by the duly established ordinances of the City of Jefferson. Section 2.02. Qualification for Mayor and Aldermen. To be eligible for the office of mayor or alderman, 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 and must have been a bona fide resident of the City of Jefferson for at least six months next preceding the election in which he offers as a candidate. No person shall be eligible as mayor or alderman 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 Aldermen. Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. The said City of Jefferson is hereby divided into four wards, to be known as first, second, third and fourth, as follows: First ward begins in the center of Sycamore Street at the intersection of Martin Street and follows the center of Martin Street to the center of Westmoreland Drive, thence along the center of Westmoreland Drive in a westerly direction to Dickson Street, thence along the center of Dickson Street to intersection of Elder Avenue, thence along Elder Avenue in an easterly direction to the intersection of U. S. Highway 129; thence along the center of U. S. Highway 129 in a southerly direction to the intersection of the Georgia Power Transmission line; thence along the Georgia Power Transmission line in a southerly direction for approximately 382 feet; thence in a westerly and southerly direction following the incorporate limits to the intersection of the Old Lawrenceville Road; thence along the center of the Old Lawrenceville Road in an easterly direction to the intersection of Anderson Street; thence along the center of Anderson Street to the intersection of Skyline Drive, thence along the center of Skyline Drive in an easterly direction to the intersection of Hoschton Street; thence along the center of Hoschton Street in a northerly direction to the intersection
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of Lawrenceville Street; thence along the center of Lawrenceville Street in an easterly direction to the intersection of Hill Street; thence along the center of Hill Street in a southerly direction to the center of Lee Street; thence along the center of Lee Street in an easterly direction to Sycamore Street to the beginning corner. Second ward begins at the center of Gordon Street on the South side of public square; thence south along the center of Gordon Street to a point where Gordon Street turns sharply in a westerly direction to the intersection of U. S. Highway 129; thence along the center of U. S. Highway 129 in a southerly direction to the incorporate limits; thence easterly along the incorporate limits, and continuing along the incorporate limits to the center of Georgia Highway 82; thence along Georgia Highway 82 in a northerly direction to the northern boundary of the corporate limits, thence along the corporate limits in a westerly direction, then a southerly direction to the intersection of Elder Avenue, thence along Elder Avenue in an easterly direction to the intersection of Dickson Street, thence along the center of Dickson Street in a southerly direction to the intersection of Westmoreland Drive, thence along the center of Westmoreland Drive to the center of Martin Street; thence along the center of Martin Street in a southerly direction to the intersection of Sycamore Street; thence along the center of Sycamore Street in a westerly direction to the beginning corner. Third ward begin at the West side of Public Square at the center of Lee Street; thence along the center of Lee Street in a southwesterly direction to the corporate limits on the East side of Lee Street; thence in a southeasterly direction along the corporate limits, to the intersection of the Gainesville-Midland Railroad right of way, then in a southerly direction along the West side of Railroad right of way and around the present incorporate limits, thence in a northerly direction along the eastern boundary of the railroad right of way and continuing along the corporate limits to the intersection of U.S. Highway 129, thence along the center of U.S. Highway 129 in the center of Gordon Street in an easterly direction, a northerly direction to the beginning corner, this is to also include tracts Numbers 20 and 21 as shown on plat drawn by W. T. Dunahoo and Associates, dated February 19, 1972, and recorded as aforesaid. Fourth ward begins in
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the center of Lee Street at the intersection of Hill Street; thence westward along the center of Lee Street and then along the line west of Lee Street to the southwest incorporate limits; thence in a westerly direction and then a northeasterly and westerly direction the incorporate limits to the intersection of the Old Lawrenceville Road, thence along the center of the Old Lawrenceville Road in an easterly direction to the intersection of Anderson Street; thence along the center of Anderson Street in a northerly direction to the intersection of Skyline Drive, thence along the center of Skyline Drive in an eastward direction to the intersection of Hoschton Street; thence along the center of Hoschton Street in a northerly direction to Lawrenceville Street; thence along the center of Lawrenceville Street in an easterly direction to the intersection of Hill Street; thence along the center of Hill Street in a southerly direction to the beginning corner. On the first Monday in December, 1973, and every two years thereafter the qualified voters of the first and third wards, respectively, shall elect an alderman from each ward who shall serve for two years, and until their successors are elected and qualified, and there shall be elected by the qualified voters of said city an alderman-at-large who shall serve two years and until his successors are elected and qualified. On the first Monday in December, 1974, and every two years thereafter a Mayor shall be elected by the qualified voters by the said City to serve two years and until his successor is elected and qualified. Said Mayor shall be eligible for a second successive term but ineligible again thereafter until one term of office has intervened. On the first Monday in December, 1974, and on said date every two years thereafter, there shall be elected by the qualified voters by the second and fourth wards an alderman who resides in said ward from each respectively. The candidate receiving a majority of the votes cast for mayor shall be declared elected, and the candidate for each aldermanic position receiving a majority of the votes cast shall be declared as alderman for that ward for which he qualified. Section 2.04. Terms of Office. The terms of office for mayor and aldermen shall begin on the first Monday in
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January following their respective election, and shall continue for two years 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 aldermen, 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 aldermen, 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 an oath, or an affidavit by the mayor, or the mayor pro-tem and two aldermen, 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 alderman 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 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
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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 aldermen are present when the sepcial 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. A majority of the council shall constitute a quorum. The council may, by ordinance, adopt rules and bylaws to govern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The mayor and council may provide by ordinance for punishment for contemptuous behavior conducted in their presence. Section 2.06. Powers and Duties of Mayor. The mayor shall preside at meetings of the council, shall have a vote only in the case of a tie vote by the council (and in the election of the officers of said city); shall have the power to veto any ordinance, order or resolution passed by the council, and all ordinances, orders or resolutions passed by the council shall be transmitted by the clerk of council to the mayor, and the same shall not become operative as an ordinance, order or resolution of the council unless the same is approved by the mayor and returned to the city council by its next regular meeting, or unless the mayor fails by the next regular meeting of the council to approve or disapprove such ordinance, order or resolution, and in case the mayor shall fail to approve or disapprove such ordinance, order or resolution, the same may be reconsidered by the council and passed 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, orders 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 as are imposed by this charter and duly adopted ordinances.
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Section 2.07. Mayor Pro-tem. The council, at the first regular meeting, and after the newly elected aldermen 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 of the council to elect a mayor pro-tem at such first regular meeting, the council shall, within five ballots to be taken within ten days following such meeting, elect the mayor pro-tem, otherwise the alderman who received the highest number of votes when he was last elected shall become 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 Alderman. A vacancy shall exist if the mayor or an alderman resigns, dies, moves his residence from the city or ward, 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 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 aldermen. 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 of 1933) as it now exists or may hereafter by amended, so long as the vacancy occurs at least three (3) months prior to the 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,
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during said period, to exercise all of the powers of the mayor, hereinbefore or hereinafter provided. Section 2.09. 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 (or she) shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor. The mayor and council shall require the clerk-treasurer, before entering upon discharge of his (or her) duties, to give good and sufficient bond in an amount to be decided by the mayor and council, but not less than ($2,500), said bond payable to the City of Jefferson, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council, and the premium thereon shall be paid by the city. Section 2.10. Compensation and Expense. The mayor and council may determine the salary of the mayor and aldermen by ordinance, provided that salary changes enacted shall not become effective until the first regular meeting after the next general election. Each alderman 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 2.11. 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.
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Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall put 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. No ordinance, except in the case of an emergency which shall be stated in the ordinance and become effective upon its adoption if approved by at least four members of the council, shall be approved until it shall have been read at two consecutive council meetings not less than five 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 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, departments and agencies of the city, except that the number of members and authority of the city council, as provided in this Act, shall not be changed, and the office of mayor shall not be abolished, nor shall his powers, as provided in this Act, be reduced. Section 3.02. Administrative Duties of Mayor. The mayor shall be the executive head of the city government, responsible for the efficient and orderly administration of the affairs of the city. 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 affairs of the city and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter.
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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 (mayor'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 affairs of the city. 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 alderman as the case 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 Jefferson, 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 the City of Jefferson, so help me God. Section 3.05. Political Activity Prohibited. No officer or employee of the city, other than the mayor and aldermen, shall continue in the employment of the city after becoming a candidate for nomination or election to any city office. Section 3.06. Official Bond. The mayor and every officer, agent and employee of the city having duties embracing the receipt, disbursement, custody, or handling of money, and other officers and employees as may be required by ordinance, shall give a fidelity bond or faithful performance bond, as provided by ordinance, with a surety company authorized to do business in the State of Georgia as surety,
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in such amount as shall be prescribed by ordinance. All such bonds and sureties thereto shall be subject to approval by the council. The cost of such bonds shall be paid by the city. All such bonds shall be kept in the custody of the city clerk, except that the city clerk's bond shall be in the custody of the mayor. Section 3.07. City Planning and Renewal. The council may create and establish a planning commission or join any regional or county planning commission pursuant to the provisions of general law as they now exist or 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 provided by law. Section 4.02. Mayor to Submit Annual Budget. On or before a date fixed by the council, but not later than forty-five days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the next fiscal year, showing separately for the general funds, each utility and each other fund the following: (a) the revenue and expenditure during the preceding fiscal year, (b) appropriations and estimated revenue and 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.
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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 before a date fixed by the council but not later than fortyfive 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
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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 or in the process of construction or acquisition. (b) Before the beginning of the ensuing fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the council considers necessary or desirable. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the council. Section 4.07. Sale of City Property. The mayor and council may sell any city property which is obsolete, surplus, or unusable at public or private sale, with or without advertisement; and for such consideration as the mayor and council shall deem equitable and just to the city. Section 4.08. Annual Audit. The mayor and council shall employ a certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report with the mayor and council and shall prepare a summary of the report which shall be furnished or made available to the mayor and every alderman. Section 4.09. Publication of Financial Statement. As soon as practicable after the close of the fiscal year, but within six months after the close thereof, the mayor and council shall cause to be published in a local newspaper a statement of financial condition which shall contain a statement of revenues and expenditures showing all municipal accounts as of the close of such preceding fiscal year. Such statement
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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 October 1 of each year and shall become past due or delinquent if not paid on or before December 20 of each year. The council by ordinance may 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, of a new or increased assessment; provided that such notice shall not be required, nor may appeals by 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 (17-) mills, of assessed 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 Jefferson. Section 4.12. Tax Due Date and Tax Bills. The due date of property taxes shall be October 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,
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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 (7%) percent per annum, from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. 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 at which said returns are due; to provide the time or times when said taxes shall be due and payable. Section 4.13. Collection of Delinquent Taxes. The 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 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 Jefferson 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
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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 4.15. 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. ARTICLE V ELECTIONS Section 5.01. Regular Elections. Time for holding and taking office. The regular elections for mayor and aldermen shall be held on the first Monday in December (of each year) (as provided in Section 2.03 of this Act). 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
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clerk not less than thirty (30) days nor more than sixty (60) 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 clerk 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 Jefferson for at least thirty 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 Jefferson where provision is made for election by the qualified voters thereof, shall be conducted as to special or general election 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 be correspondingly changed so as to avoid any conflict between this 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-604 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 Jefferson, whether special or general elections,
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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 Jefferson 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 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 Jefferson 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
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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 Jackson 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 protem. (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 assuming the 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 impartiality. 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 Jefferson passed in accordance with this charter, for each offense in an amount not to exceed five hundred dollars ($500.00), to imprison offenders for a period of not more than six months, or at labor on the roads and streets or other public works of said city for not more than six months; and the said 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
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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 Jefferson 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 Jefferson. 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 Jackson 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 courts 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 Jefferson, 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 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 for all services in the arrest and prosecution of offenders
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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 for the proper administration of said court. Section 6.06. Rules for Court. The recorder shall have full power and authority, with the approval of the mayor and council, to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures to the operation of the superior courts under the general laws of the State of Georgia. ARTICLE VII SEVERABILITY Section 7.01. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain of 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 part 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.
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Notice of Intention to Introduce Local Legislation. Georgia, Jackson County. Notice is hereby given that there will be introduced at the January, 1973 Session of the General Assembly of Georgia a Bill to create a new charter for the City of Jefferson; and for other purposes. This 15th day of December, 1972. Mayor and Council City of Jefferson Georgia, Jackson County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared Herman Buffingon, who, being put upon oath certifies, deposes and swears that he is the Publisher of The Jackson Herald; that the Jackson Herald is the newspaper in which Sheriff's advertisements are published in Jackson County, Georgia; and that the foregoing notice of intent to apply for local legislation was published in The Jackson Herald on December 20th, 1972, December 27th, 1972 and January 3rd, 1973. /s/ Herman Buffington Certified, sworn to and subscribed before me, this 16th day of January, 1973. /s/ Doris M. Elrod Notary Public. (Seal). Approved April 17, 1973. MACON TRANSIT AUTHORITY ACT OF 1972. No. 482 (House Bill No. 453). An Act to create the Macon Transit Authority; to prescribe the duties, powers, privileges, exemptions and immunities thereof; to authorize the authority to acquire,
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construct, own and operate a transit system to transport passengers both within and without the City of Macon; to provide that the authority shall not be empowered to obligate the State of Georgia, or any county, municipality, political subdivision or public body of the State to pay any of its debts; to provide for issuance and sale of revenue bonds and other evidences of indebtedness by the authority, and for the uses to be made thereof and of the proceeds thereof; to provide for the validation thereof; to provide that the authority shall be exempt from taxation; to provide for severability; 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: Section 1. It is hereby found, declared and determined that the public convenience and necessity require the creation of a Public Authority to operate a transit system in the City of Macon for transportation of passengers both within and without the City of Macon. Section 2. This Act shall be known as the Macon Transit Authority Act of 1972. Section 3. There is hereby created the Macon Transit Authority. Section 4. The Authority is a public corporation of the State of Georgia. The Authority is not an arm or agency of the City of Macon nor of Bibb County but is a body corporate and politic created by this Act and the powers granted the Authority by this Act are not restricted by limitations, constitutional or otherwise, upon the powers of the City of Macon nor of Bibb County. Public corporation. Section 5. The Authority has perpetual succession. Section 6. The governing and administrative body of the Authority shall be a Board consisting of five members, appointed by the Mayor and confirmed by City Council. Members of the Board shall be residents of the City of Macon at
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least 25 years of age and must remain residents of the City at all times during their terms of office on the Board. Initial appointments of Board members shall be for one, two, three, four and five-year terms respectively. At the expiration of the initial terms, appointments shall be for five years each. Members of the Board shall be eligible for reappointment. Vacancies on the Board, except by expiration of term, shall be filled by appointment for the unexpired term in which the vacancy occurs. Board. A majority of the Board shall constitute a quorum and a majority of the Board may act for the Authority in any manner. No member of the Board or employee of the Authority shall have directly or indirectly any financial interest, profit or benefit in any contract, work or business of the Authority nor in the sale, lease or purchase of any property to or from the Authority. Members of the Board shall serve without remuneration but shall be entitled to reimbursement for actual expenses incurred on Authority business, provided that such expenses have been authorized in advance of their being incurred. The Board shall select one of its members as Chairman and another member as Vice Chairman and shall also elect a Secretary-Treasurer, who shall not necessarily be a member of the Board. Regular meetings of the Board shall be held at least quarterly, the time, place and notice of such meetings to be fixed by the Board. All motions, resolutions and all other proceedings of the Authority and all documents and records in its possession shall be public records and open to public inspection, except such documents and records as shall be kept or prepared by the Board for use in negotiations, actions or proceedings to which the Authority is a party. The Chairman of the Board shall be eligible to vote on all motions coming before the Board. The affirmative vote of at least three members of the Board shall be necessary for adoption of any resolution or the passing of any motion.
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Section 7. The Secretary-Treasurer, elected by the Board, shall hold office at the pleasure of the Board. Before entering upon the duties of his office, the Secretary-Treasurer shall execute a bond with corporate surety, to be approved by the Board. The bond shall be payable to the Authority in whatever penal sum may be directed by the Board, conditioned upon the faithful performance of the duties of the office and the payment of all moneys received by him according to law and the orders of the Board. The Board may at any time require a new bond from the Secretary-Treasurer in such penal sum as may then be determined. The books and records of the Authority shall be audited at least annually, at the expense of the Authority, by a Certified Public Accountant, selected by the Board. Secretary-Treasurer. Section 8. All funds deposited by the Authority in any bank shall be placed in the name of the Authority and shall be withdrawn or paid out only by clerk or draft on the bank, signed by the Secretary-Treasurer and counter-signed by the Chairman or Vice Chairman of the Board. The Board may designate any of its members or any officer or employee of the Authority to affix the signature of the Secretary-Treasurer to any draft or check for payment of salaries or wages and for the payment of any other obligation of not more than five hundred dollars ($500.00). Funds. Section 9. Powers of Authority. (a) The powers of the Authority shall include, but shall not be limited to, those conferred by Chapter 87-8 of the Code of Georgia, 1933, annotated, as amended, and shall also include those specifically granted by this Act, which may be exercised only to accomplish the purpose for which the authority is created, namely to own and operate a transit system for the purpose of transporting persons within and without the City of Macon: (1) To receive and administer gifts, grants and donations. (2) To adopt a seal to be impressed upon its instruments and may provide for the impression of such seal by printed or lithographed facsimile thereof. Any executed instrument bearing the seal of the Authority shall be prima facie evidence
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of its execution by the Authority and that its execution was duly, regularly and legally authorized by the Authority. (3) To acquire by grant, purchase, gift, devise or lease, and to hold, use, sell, lease or dispose of real and personal property of every kind and nature whatsoever, licenses, patents, rights and interests necessary for the full exercise, or convenient or useful for the carrying on of any of its powers pursuant to this Act. (4) To acquire, construct, complete, develop, own, operate and maintain a transit system including power to acquire by purchase, lease, gift or otherwise all or any part of any patents, licenses, rights, interest, engineering studies, data or reports owned or held by any person, firm or corporation and determined by the Authority to be necessary, convenient or useful to the Authority in connection with the acquisition, construction, completion, development, operation or maintenance of such transit system. (5) To appoint and employ officers, agents and employees, including fiscal agents, engineering, architectural and construction experts and attorneys, and to fix their compensation, as may be necessary for the efficient operation of the Authority. (6) To borrow money for any of its corporate purposes and to issue notes or bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property or income as security therefor and to provide for the payment of the same and the rights of the holders thereof. (7) To sue and be sued in its corporate name in all courts of competent jurisdiction. (8) To have and to exercise the usual powers of public and private corporations performing similar functions which are not in conflict with the Constitution and laws of this State or of the United States of America.
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(9) To make and execute all instruments and contracts for the acquisition of existing transportation facilities, acquisition of new facilities and, properties and such other matters and things as may be needful and necessary to the proper and efficient operation of the business of the Authority. (10) To accumulate its funds from year to year and to invest the same in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested. (11) To procure and enter into contracts for any type of insurance and indemnity against loss or damage to its property from any cause, including loss of use and occupancy, against death or injury of any person, against employers' liability, against any act of any member, officer or employee of the Board or the Authority in the performance of the duties of his office or employment or any other insurable risk. (12) 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 powers granted to it may be enjoyed as the Board may deem necessary or expedient in facilitating the business of the Authority. (13) To exercise the right and power of eminent domain for the condemnation of real or personal property or any right or interest therein for its use in the operation of the business of the Authority, including the power to acquire real property in fee simple or any lesser estate or interest. (14) To have the continuing power and authority at any time and from time to time to provide by resolution for the issuance of negotiable revenue bonds pursuant to and in accordance with the Revenue Bond Law of the State of Georgia (Chapter 87-8, Code of Georgia, 1933, annotated, Ga. L. 1937, p. 761, as amended by Ga. L. 1957, p. 36), for the purpose of paying all or any part of the cost of acquisition, construction, alteration and improvement of said transit system and charges incident thereto. The Authority shall likewise
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have the power and authority to issue refunding bonds. For the purpose of evidencing the obligation of the Authority to repay any money, borrowed by the Authority for any of the aforesaid purposes, the Authority may, pursuant to resolution adopted by the Board, from time to time issue and dispose of its interest bearing revenue bonds and may also from time to time issue and dispose of its interest bearing bonds to refund any such bonds at maturity or pursuant to redemption provisions, or at any time before maturity with the consent of the holders thereof. Said Authority may issue such types of revenue bonds as may be determined by the Board, including bonds on which principal and interest are payable: (i) exclusively from income or revenues of the operations of the Authority financed with proceeds of such bonds, or together with any proceeds and grants from any governmental agency, subdivision, instrumentality, corporation, person or any other source; or (ii) from income and revenues of any unpledged assets of the Authority generally. Any such bonds may be secured by mortgage or deed to secure debt on any real or personal property of the Authority, except as may be prohibited by law. Neither the members of the Board nor any person executing bonds on behalf of the Authority shall be personally liable thereon by reason of the issuance thereof. The bonds shall not be, and shall so state on the face thereof, a debt of the City of Macon, the County of Bibb, or the State of Georgia and they shall not directly or indirectly or contingently be obligated to levy or pledge any form of taxation whatever therefor or to make any appropriation for the payment thereof. Bonds of the Authority shall be confirmed and validated in accordance with the provisions of the State Revenue Bond Law, hereinbefore referred to, and as the same may hereafter be amended, and when validated the judgment of validation shall be final and conclusive with respect to such bonds and against the Authority issuing the same.
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Section 10. All construction contracts and all contracts for the purchase of supplies, equipment and services, when the expense thereof shall exceed $1,000.00, shall be awarded to the lowest and best bidder, after advertising for bids therefor, to be published twice in the official newspaper of the County of Bibb, which is presently the Macon News. Bids. Section 11. The Authority shall fix the rates, fares, tolls and other charges for all transportation facilities comprising the transit system acquired, constructed or operated under the terms of this Act, for use thereof by persons utilizing such facilities. Subject to such contractual obligations as may be entered into by the Authority and the holders of revenue bonds issued under this Act, the Authority is authorized to change such rates, fares, tolls and charges from time to time as conditions warrant. All rates, fares, tolls and charges shall be at all times fixed to yield annual revenue at least equal to annual operating and maintenance expenses, including insurance costs and all redemption payments and interest charges on the revenue bonds at any time issued and outstanding hereunder, as the same become due, and all sums required for sinking funds, reserve funds or other trust funds, or otherwise required to comply with the provisions of any covenant in the revenue bond indenture or indentures pursuant to which such revenue bonds have been issued. The bond redemption and interest payments shall constitute a first, direct and exclusive charge and lien on all such rates, fares, tolls and charges and other revenues and interest thereon, and sinking funds created therefrom, received from the use and operation of the system; and all such rates, fares, tolls and charges and other revenues, together with interest thereon, shall constitute a trust fund for the security and payment of such bonds and, except as to the extent provided in any indenture with respect to the payment therefrom of expenses for other purposes, including administration, maintenance, improvements or extensions of the system, shall not be used or pledged for any other purpose so long as such bonds, or any of them, are outstanding and unpaid. The Authority may provide that the rates, fares, tolls and charges established are minimum rates, fares, tolls and charges and subject to increase or decrease in accordance only with the terms of the indenture under which the revenue bonds are issued. Rates.
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Section 12 . The Authority shall be exempt from payment of all taxes and assessments, ad valorem, sales, use, income and otherwise, imposed by the State of Georgia or by any of its subdivisions or taxing districts upon any property, real and personal, acquired or owned by the authority or under its jurisdiction, control, possession or supervision, and upon its activities in the operation and maintenance of any such properties, and on the income derived by the Authority from the operation of said transit system or otherwise. The bonds of the Authority, their transfer and the income therefrom, shall always be exempted from taxation by the State or any of its subdivisions or taxing districts. Tax exemption. Section 13 . This Act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof; and the specific powers, authority and immunities granted hereby are to be construed in illustration of and not in limitation of, the general powers, authorities and immunities granted by the authority of this Act. Construction. Section 14 . 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; and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this Act, or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. In so far as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Severability. Section 15 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 16 . All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia at its 1973 Session for enactment of local legislation to create the Macon Transit Authority; to prescribe the duties, powers, privileges, exemptions and immunities thereof; to authorize the Authority to lease, acquire, construct, own and operate a transit system to transport passengers both within and without the corporate limits of the City of Macon; to provide that the Authority shall not be empowered to obligate the State of Georgia, or any county, municipality, political subdivision or public body of the State to pay any of its debts; to provide for the issuance and sale of revenue bonds and other evidences of indebtedness by the Authority, and for the uses to be made thereof and of the proceeds thereof; to provide for the validation thereof; to provide that the Authority shall be exempt from taxation; to fix the venue or jurisdiction of actions by and against the Authority; to provide for the separate enactment of each provision of such legislation; and for other purposes. This notice is given pursuant to the provisions of Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia of 1945 (Section 2-1915 Georgia Code, 1933, Annotated). This 13th day of December, 1927. Lawton Miller City Attorney City of Macon Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert A. Berlin who, on oath, deposes and says that he is Representative from the 89th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
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Macon News which is the official organ of Bibb County, on the following dates: December 16, 23, 30, 1972. /s/ Robert A. Berlin Representative, 89th District Sworn to and subscribed before me, this 19th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CARROLL COUNTYCORONER PLACED ON SALARY. No. 483 (House Bill No. 457). An Act to abolish the present mode of compensating the Coroner 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 Coroner 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.
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Section 2 . The Coroner of Carroll County shall receive a monthly salary of $100.00, payable monthly from county funds. Salary. Section 3 . After the effective date of this Act, said coroner 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 coroner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4 . The necessary operating expenses of the coroner's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Carroll County. Expenses. 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.
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Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the January 1973 Session of the General Assembly of Georgia, Bill to change the compensation of the Coroner of Carroll County, Georgia and for other purposes. This the 20th day of December, 1972. Kenneth Crawford 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 21, December 28, January 4. Sworn to on the 4th day of January, 1973. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 4th day of January, 1973. /s/ Linda Spence Notary Public (Seal). Approved April 17, 1973. TOWN OF RIVERSIDEMAXIMUM AMOUNT OF AD VALOREM TAX INCREASED. No. 484 (House Bill No. 461). An Act to amend an Act incorporating the Town of Riverside, approved August 22, 1907 (Ga. L. 1907, p. 894), as amended, so as to change the maximum amount of ad
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valorem taxation which the mayor and aldermen may levy and collect; 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 Riverside, approved August 22, 1907 (Ga. L. 1907, p. 894), as amended, is hereby amended by striking from section 6 the following: ten cents, and inserting in lieu thereof the following: two dollars, so that when so amended section 6 shall read as follows: Section 6. The mayor and aldermen shall have the power to abate nuisances, tax itinerant shows, vendors and the like; to issue special taxes and licenses for all classes of business or occupations as in their discretion they may see fit, according to the terms of this charter; and to pass all ordinances for the benefit and good government of said town of Riverside as they may deem proper, not inconsistent herewith; they shall have the right to levy an ad valorem tax for general purposes on all property in said town, both real and personal, and not exceeding two dollars on the hundred dollars. Tax. Section 2. 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 1973 regular session of the General Assembly of Georgia of a local bill to amend An Act to Create and Incorporate the Town of Riverside, in Colquitt County, Georgia, and for other purposes, approved August 22, 1907, (Ga. L. 1907, pp. 894-897), and Acts amendatory thereof, and for other purposes.
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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 122nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County, on the following dates: December 21, 28, 1972 and January 4, 1973. /s/ Dorsey R. Matthews Representative, 122nd District Sworn to and subscribed before me, this 19th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. DeKALB COUNTYINCORPORATED CITIES IN DeKALB COUNTYFIREMEN WITHIN NOT REQUIRED TO WORK MORE THAN CERTAIN HOURS. No. 485 (House Bill No. 485). An Act to provide that neither DeKalb County nor any incorporated municipality located wholly within DeKalb County shall require any person employed by the county or any such municipality in the capacity of a fireman, to be on duty as such for more than an average of 56 hours per week computed over any 52 consecutive-week period; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. Neither DeKalb County nor any incorporated municipality located wholly within DeKalb County shall require any person employed by the county or any such municipality in the capacity of a fireman, to be on duty as such, and as his normal working hours, more than an average of 56 hours per week computed over any 52 consecutive-week period. Section 2. This Act applies to normal working hours and does not in any way preclude exceeding an average of 56 hours per week computed over any 52 consecutive-week period as a result of local disasters, major conflagrations and other similar emergencies wherein exceeding these average hours established is clearly necessary in the public interest to preserve life and property. 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 1973 session of the General Assembly of Georgia, a bill to limit the number of hours that a fireman may be on duty in DeKalb County and municipalities within DeKalb County; and for other purposes. This 29th day of Dec., 1972. Hugh S. Jordan Representative 58th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh Jordan who, on oath, deposes and says that he is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
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DeKalb New Era which is the official organ of DeKalb County, on the following dates: January 4, 11, 18, 1973. /s/ Hugh Jordan Representative, 58th District Sworn to and subscribed before me, this 25th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. STEWART COUNTYSHERIFF'S OFFICEOPERATING EXPENSES CHANGED, ETC. No. 486 (House Bill No. 486). An Act to amend an Act abolishing the present method of compensating the Sheriff of Stewart County, known as the fee system, and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2573), as amended, so as to change the compensation provisions relating to deputies; to change the provisions relating to operating expenses 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 abolishing the present method of compensating the Sheriff of Stewart County, known as the fee system, and providing in lieu thereof an annual salary approved February 28, 1966 (Ga. L. 1966, p. 2573) as amended, is hereby amended by striking from section 4 the following: four thousand eight hundred ($4,800.00),
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and inserting in lieu thereof the following: six thousand ($6,000.00), so that when so amended, section 4 shall read as follows: Section 4. The sheriff shall have the authority, upon approval of the governing authority of the county, to appoint a deputy who shall be compensated in the amount of not less than three thousand six hundred ($3,600.00) per annum and not more than six thousand ($6,000.00) per annum, payable in equal monthly installments from the funds of Stewart County. Said compensation shall be set by the governing authority of said County. The sheriff shall also have the authority to appoint extra deputies or other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. However, the governing authority of said county shall approve such deputies or other personnel and shall fix their compensation. 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 deputy, extra deputies, or other personnel and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion. Section 2. Said Act is further amended by striking from section 5 the following: including a radio for one automobile, and inserting in lieu thereof the following: including a radio for one or more 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 compensation of the sheriff, his deputies, extra deputies, and other personnel, shall be paid from any funds of the county available for such purposes. All supplies, materials, furnishings, furniture,
Page 2932
utilities and equipment, especially including a radio for one or more automobiles furnished by said county, and the repair, replacement, and maintenance thereof as may be reasonably necessary in 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. 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 1973 Session of the General Assembly of Georgia a bill to change the compensation of the Deputy Sheriff of Stewart County; to repeal conflicting laws; and for other purposes. Don Castleberry Representative-Elect 96th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he is Representative from the 96th 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 4, 11, 18, 1973. /s/ Don Castleberry Representative, 96th District Sworn to and subscribed before me, this 26th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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MONTGOMERY COUNTYBOARD OF COMMISSIONERSPROVISION REPEALED AUTHORIZING PAYMENT OF SALARY TO ASSISTANT TAX COMMISSIONER. No. 487 (House Bill No. 487). An Act to amend an Act creating a board of commissioners of roads and revenues for Montgomery County, and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, particularly by an Act approved February 27, 1970 (Ga. L. 1970, p. 2173), so as to repeal section 16-A of said Act authorizing the board of commissioners to pay an annual salary to the assistant to the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Montgomery County, and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, particularly by an Act approved February 27, 1970 (Ga. L. 1970, p. 2173), is hereby amended by striking section 16-A which reads as follows: Section 16-A. The board of commissioners is hereby authorized to pay the assistant to the tax commissioner of Montgomery County an annual salary of up to $1,200.00 payable in equal monthly installments from the funds of Montgomery County, to be determined by the board., in its entirety. 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.
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Notice for Local Legislation for Montgomery County. Notice is hereby given that there will be introduced at the 1973 regular session of the General Assembly of Georgia, a bill to change the compensation of the Tax Commissioner of Montgomery County, Georgia. To repeal conflicting laws and for other purposes. This 2nd day of January, 1973. L. L. Pete Phillips Representative 103rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Moniter which is the official organ of Montgomery County, on the following dates: January 3, 10, 17, 1973. /s/ L. L. Pete Phillips Representative, 103rd District Sworn to and subscribed before me, this 26th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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MONTGOMERY COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED. No. 488 (House Bill No. 489). An Act to amend an Act creating the office of the tax commissioner of Montgomery County, approved March 12, 1935 (Ga. L. 1935, p. 735), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 2945), so as to change the compensation of the tax commissioner; to provide for an assistant to the tax commissioner; to provide for said assistant's compensation to be paid from the tax commissioner's salary; to provide 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 Montgomery County, approved March 12, 1935 (Ga. L. 1935, p. 735), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 2945), is hereby amended by striking section 6 in its entirety and inserting in lieu thereof the following: Section 6. The Tax Commissioner of Montgomery County shall receive an annual salary of $10,100.00 to be paid in equal monthly installments from the funds of Montgomery County. Said salary 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. Out of said salary, the tax commissioner shall provide for the compensation of all assistants, deputies, clerks or other personnel that he may employ in carrying out the duties of his office. 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.
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Notice for Local Legislation for Montgomery County Notice is hereby given that there will be introduced at the 1973 regular session of the General Assembly of Georgia a bill to change the compensation of the Tax Commissioner of Montgomery County, Georgia. To repeal conflicting laws and for other purposes. This 2nd day of January, 1973. L. L. Pete Phillips Representative 103rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Moniter which is the official organ of Montgomery County, on the following dates: January 3, 10, 17, 1973. /s/ L. L. Pete Phillips Representative, 103rd District Sworn to and subscribed before me this 26th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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WHEELER COUNTYSUPERIOR COURT CLERKSECRETARY PROVIDED. No. 489 (House Bill No. 491). An Act to provide for the employment of secretarial help for the Clerk of the Superior Court of Wheeler 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 . The Clerk of the Superior Court of Wheeler County is hereby authorized to employ a secretary to assist him in carrying out the duties of his office. Said Clerk of the Superior Court of Wheeler County shall fix the compensation of such secretary but not to exceed the sum of $200.00 per month, payable from the funds of Wheeler County. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice Of Intention To Introduce Local Legislation Notice is hereby given that there will be introduced at the 1973 session of the General Assembly of Georgia, a bill to change the compensation of the Clerk of the Clerk of Court of Wheeler County, Georgia; to repeal conflicting law and for other purposes. This 15th day of December, 1972. L. L. Pete Phillips Representative 103rd District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates; January 5, 12, 19, 1973. /s/ L. L. Pete Phillips Representative, 103rd District Sworn to and subscribed before me this 26th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY COURT OF SOPERTONSALARY OF JUDGE CHANGED, ETC. No. 490 (House Bill No. 492). An Act to amend an Act establishing the City Court of Soperton, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, particularly by an Act approved March 14, 1969 (Ga. L. 1969, p. 2201), so as to change the salary of the judge of said court; to authorize and direct all clerical help of said court to be paid from county funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act establishing the City Court of Soperton, approved August 18, 1919 (Ga. L. 1919, p. 519), as amended, particularly by an Act approved March 14, 1969 (Ga. L. 1969, p. 2201), said amendatory Act (Ga. L. 1969, p. 2201), is hereby amended by striking section 3 of said Act in its entirety and by inserting in lieu thereof a new section 3, to read as follows: Section 3. (a) The salary of the judge of said court shall be $4,800 per annum and the salary of the solicitor of said court shall be $2400 per annum. The judge and solicitor may succeed themselves in office. No person is disqualified from serving as solicitor of said court because he holds another county office. Salary. (b) All clerical help employed by the State Court of Treutlen County to assist said court in carrying out its functions and duties shall be paid from the funds of Treutlen County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1973 regular session of the General Assembly of Georgia, a bill to change the compensation of the Judge and Secretary of the State Court of Treutlen County, Georgia; to repeal conflicting laws and for other purposes. This 2nd day of January, 1973. L. L. Pete Phillips Representative 103rd District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Soperton News which is the official organ of Treutlen County, on the following dates: January 4, 11, 18, 1973. /s/ L. L. Pete Phillips Representative, 103rd District Sworn to and subscribed before me this 26th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TREUTLEN COUNTYORDINARYSALARY PROVIDED IN ADDITION TO FEES. No. 491 (House Bill No. 493). An Act to provide for the yearly compensation for the Ordinary of Treutlen County, in addition to fees which he now receives; 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 Ordinary of Treutlen County shall be compensated in the amount of eighteen hundred ($1800.00) dollars per annum, to be paid from the funds of Treutlen
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County, in equal monthly installments, in addition to any fees which he now receives. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to change the compensation of the Ordinary of Treutlen County, Georgia, to repeal conflicting laws, and for other purposes. This 26th day of December, 1972. L. L. Pete Phillips Representative 103rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says that he is Representative from the 103rd 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 28, 1972 and January 4, 11, 1973. /s/ L. L. Pete Phillips Representative, 103rd District
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Sworn to and subscribed before me this 26th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TREUTLEN COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 492 (House Bill No. 494). An Act to amend an Act placing the sheriff of Treutlen County, Georgia, on a salary system in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2080), so as to change the compensation of the sheriff and his deputy; to authorize and direct the governing authority of the County to provide automobiles to the sheriff's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Treutlen County, Georgia, on a salary system in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2080), is hereby amended by striking from subsection (a) of section 2 the following: $7,200.00, and inserting in lieu thereof the following: $8,000.00, so that when so amended subsection (a) of section 2 shall read as follows:
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(a) The sheriff shall receive an annual salary of $8,000.00, payable in equal monthly installments from the funds of Treutlen County. Sheriff. Section 2. Said Act is further amended by striking from section 8 of said Act the following: The first deputy shall receive an annual salary of $4,800.00, payable in equal monthly installments from the funds of Treutlen County., and by inserting in lieu thereof the following: The first deputy shall receive a monthly salary of $600.00, payable bi-monthly on the first and fifteenth of each month. Said salary is to be paid from the funds of Treutlen County., so that when so amended said section 8 shall read as follows: Section 8. The sheriff is hereby authorized to appoint one or more deputies, with the approval of the governing authority of Treutlen County. The first deputy shall receive a monthly salary of $600.00, payable bi-monthly on the first and fifteenth of each month. Said salary is to be paid from the funds of Treutlen County. All other deputies shall receive such salary as is determined and set by the governing authority of Treutlen County, to be paid in equal monthly installments from funds of Treutlen County. Deputies. Section 3. Said Act is further amended by striking subsection (a) of section 9 in its entirety and inserting in lieu thereof a new subsection (a) of section 9 to reads as follows: (a) The governing authority of Treutlen County is hereby authorized and directed to provide for the purchase and maintenance of all automobiles necessary for the sheriff to carry out the duties of his office. The governing authority of Treutlen County is further authorized and directed to equip such automobiles as necessary with short-wave radios. Said purchase, maintenance, operation, and depreciation costs for said automobiles, and the purchase and installation
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of said radios shall be paid from the funds of Treutlen County. Automobiles. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to change the compensation of the Sheriff, and Deputy Sheriff of Treutlen County, Georgia, to repeal conflicting laws, and for other purposes. This 26th day of December, 1972. L. L. Pete Phillips Representative 103rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says that he is Representative from the 103rd 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 28, 1972 and January 4, 11, 1973. /s/ L. L. Pete Phillips Representative 103rd District
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Sworn to and subscribed before me this 26th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF LINCOLNTONCHARTER AMENDEDQUALIFICATIONS OF MAYOR AND COUNCILMEN CHANGED, ETC. No. 493 (House Bill No. 499). An Act to amend an Act creating a new charter for the City of Lincolnton, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3117), as amended by an Act approved March 30, 1965 (Ga. L. 1965, p. 2973), so as to change the qualifications for candidates for the office of mayor and councilman; to change the provisions relative to the police court; to provide for the employment of a judge of the police court; to provide for the qualifications, compensation and term of office of the judge of the police court; to change the maximum fines which may be imposed by the police court; to change the date for returning property for ad valorem taxation; to increase the maximum amount of ad valorem property taxes which may be levied and imposed by said city; to change the provisions relative to the sale of city-owned personal property; to provide for other 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 new charter for the City of Lincolnton, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3117), as amended by an Act approved March
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30, 1965 (Ga. L. 1965, p. 2973), is hereby amended by striking section 13 in its entirety, and inserting in lieu thereof a new section 13, to read as follows: Section 13. No person shall be eligible for the office of mayor or councilman of said city unless he shall have resided in said city one year immediately preceding his election and shall be a qualified voter in muncipal 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 of said city. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor and councilmen, unless such candidate shall file with the clerk of said city, fifteen 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 in said ballot as a candidate either for mayor or 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 or councilman of said city unless such person shall file said above notice within the time above provided. Qualifications. Section 2. Said Act is further amended by striking section 21 in its entirety, and inserting in lieu thereof a new section 21, to read as following: Section 21. There shall be a court in said city to be known as the `Police Court', for the trial of all offenders against the laws and ordinances of said city as often as necessary. The mayor and council shall employ a judge to preside over the Police Court. Said judge shall serve at the pleasure of the mayor and council and shall receive such compensation as shall be fixed by the mayor and council. To be eligible for employment as judge of the Police Court a person must have a high school education, must have been a resident and domiciled in the City of Lincolnton for a period of twelve months immediately preceding his employment, and must not have been convicted of any crime involving moral turpitude. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production
Page 2947
of books and papers to be used as evidence and punish for contempt. The judge of the Police Court shall not have the power to try any alleged offender without first having written charges preferred against such offender. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed $200, imprisonment in the city prison or the county jail, having previously arranged with the county officers, not to exceed thirty days, or to work the streets in the city chain gang, or other public places as the judge may direct, not to exceed thirty days. The punishment of confinement in the city or county jail and that of a sentence to work on the streets in the city chain gang shall not both be inflicted in any one case, and neither the punishment or confinement in the city or county jail, or that of a sentence to work in the city chain gang on the streets of said city shall be inflicted except as an alternative upon failure or refusal to pay such a fine as may be fixed by the judge. In addition to said above punishment, such fines imposed by the judge may be collected by execution. Police court. Section 3. Said Act is further amended by striking section 28 in its entirety, and inserting in lieu thereof a new section 28, to read as follows: Section 28. All persons owning property in the City of Lincolnton 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 first of each year; and the books for recording same shall be open on January first and close on March 30 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns. Section 4. Said Act is further amended by striking section 33 in its entirety, and inserting in lieu thereof a new section 33, to read as follows: Section 33. For the purpose of raising revenue for the support and maintenance of the government of said City of Lincolnton and for the ordinary current expenses thereof,
Page 2948
the mayor and council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes and bonds, and other evidences of debt, money used in banking and every other species of property in said city owned or held therein, of not exceeding two dollars on the hundred worth of taxable property, exclusive of the taxes for public schools as now authorized by law; and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said town authorities and to provide a fund for the payment of the annual interest on said bonds greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that the said mayor and councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually by the assessment; levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said mayor and council so desire. Tax levy. Section 5. Said Act is further amended by striking section 115 in its entirety, and inserting in lieu thereof a new section 115, to read as follows: Section 115. The mayor and council of said city shall have the power and authority to sell any property belonging to said town and which shall become unnecessary and useless for said city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the city the following procedure shall be followed: Before any such property shall be sold a resolution shall be passed and adopted by the mayor and council either in regular or special session, which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city
Page 2949
that the same be disposed of. Except as otherwise provided herein, said property shall be sold only at public outcry to the highest bidder for cash on the regular sales day on which sheriff's sales are held and after advertisement of said sale once a week for four weeks in the newspaper of said county in which the sheriff's advertisements appear. Such sale shall be at the place and during the hours of sheriff's sales in said county and the procedure of such sales shall be the same as provided for sales of property by a sheriff. The mayor and council shall have the authority to sell any personal property of the city with a value not to exceed $500 by private sale without the necessity of advertisement, if the mayor and council shall deem such private sale to be in the best interest of the city. Sale of property. 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 1973 regular session of the General Assembly of Georgia, a bill to amend an Act providing a new charter for the City of Lincolnton, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p.3117), as amended, so as to change the qualifications for candidates for the office of mayor or councilmen; to change the provisions relative to elections so as to conform the same to the provisions of the Georgia Municipal Election Code; to provide for an assistant clerk and treasurer, the oath, the bond, the compensation, and the removal from office; to increase the bond of the Clerk and Treasurer; to change the provisions relative to the police court and the judge thereof; to change the time of returning property for purposes of taxation; to change the provisions relative to taxation; to change the provisions
Page 2950
relative to the sale of personal property; to repeal conflicting laws; and for other purposes. This 8th day of January, 1973. City of Lincolnton By: F. Hughes Willingham Mayor Homer Moss Walter Remsen Boyd Aycock Roy Varner Walker Norman Councilmen. 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 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following dates: January 11, 18, 25, 1973. /s/ Ben Barron Ross Representative 72nd District Sworn to and subscribed before me this 29th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
Page 2951
GORDON COUNTYCLERK OF COUNTY COMMISSIONER TO BE APPOINTED AT COMMISSIONER'S PLEASURE. No. 494 (House Bill No. 501). An Act to amend an Act creating the office of County Commissioner of Gordon County, Georgia, approved August 4, 1920 (Ga. L. 1920, p. 541), as amended, particularly by an Act approved March 4, 1961 (Ga. L. 1961, p. 2243), so as to provide that the clerk of the Commissioner shall be appointed by the commissioner and shall serve at the pleasure of the commissioner; to provide for the compensation of the clerk; to provide for the giving of bond by the clerk; to provide for the duties of the clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of County Commissioner of Gordon County, Georgia, approved August 4, 1920 (Ga. L. 1920, p. 541), as amended, particularly by an Act approved March 4, 1961 (Ga. L. 1961, p. 2243), is hereby amended by striking section 16 in its entirety and inserting in lieu thereof a new section 16, to read as follows: Section 16. The commissioner is hereby authorized to appoint a clerk, who shall serve at the pleasure of the commissioner. The clerk shall receive such compensation as shall be fixed by the commissioner, and such compensation shall be payable in equal monthly installments from the funds of Gordon County. The clerk shall give bond for the faithful performance of his duties in the sum of $1,000, payable to the Commissioner of Gordon County. It shall be the duty of the clerk to keep a book of minutes and other records and do such clerical work as is necessary in carrying out the work of his office. Clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2952
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1973 regular session of the General Assembly of Georgia, a bill to amend an Act creating the office of Commissioner of Gordon County, approved August 4, 1920 (Ga. L. 1920, p. 541), as amended, so as to change the provisions relative to the Clerk of the Commissioner and provide for the appointment of the Clerk by the Commissioner; to provide for matters relative thereto; to repeal conflicting laws; and for other purposes. This 19th day of December, 1972. Tom Shanahan Representative 7th District James B. Langford Senator 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Shanahan 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 Calhoun Times which is the official organ of Gordon County, on the following dates: December 20, 27, 1972 and January 3, 1973. /s/ Tom Shanahan Representative 7th District Sworn to and subscribed before me this 31st day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
Page 2953
TOWN OF MANSFIELDCHARTER AMENDEDCOUNCILMEN TO RECEIVE FEES FOR ATTENDING MEETINGS, ETC. No. 495 (House Bill No. 502). An Act to amend an Act establishing a new charter for the Town of Mansfield, located in Newton County, Georgia, approved August 21, 1906 (Ga. L. 1906, p. 838), as amended, so as to provide for councilmen to receive a fee for attending meetings; to provide for payment of fees; to change the provisions relating to the financial affairs of such town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the Town of Mansfield, located in Newton County, Georgia, approved August 21, 1906 (Ga. L. 1906, p. 838), as amended, is hereby amended by adding at the end of section 10 the following. Each councilman shall be paid $5.00 for each meeting he attends. Such councilmen shall be paid in December each year for all meetings attended by such councilmen during the past twelve months., so that when so amended, section 10 shall read as follows: Section 10. Be it further enacted, that the mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all meetings the mayor, if present, shall preside, and he may vote in all cases of a tie. He may also vote in all elections for officers by the board, whether there be a tie or not. The mayor and three members of the council shall constitute a quorum for the transaction of business. A less number, in the absence of a quorum, may adjourn a regular meeting to a future time. Each councilman shall be paid $5.00 for each meeting he attends. Such councilmen shall be paid in December each
Page 2954
year for all meetings attended by such councilmen during the past twelve months. Fees. Section 2. Said Act is further amended by adding after section 15 a new Section, to be designated section 15A, to read as follows: Section 15A. The mayor and councilmen may select some bank in said town as a depository, and may require the treasurer or other appropriate officer of said town to deposit all funds of the town therein. Said depository may be selected upon such rules, regulations, conditions and requirements as the mayor and councilmen may be ordinance prescribe. The funds of the town held in such depository shall not be reduced below the amount of $5,000.00 without the approval of the mayor and councilmen. Depository. 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 to the 1973 session of the General Assembly of Georgia for passage of local legislation affecting the Town of Mansfield and the amount and manner in which the Mayor and Council are paid and for other purposes. This 31st day of December, 1972. J. W. (Jim) Morgan Representative 70th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Morgan who, on oath, deposes and says that he is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in
Page 2955
the Covington News which is the official organ of Newton County, on the following dates: January 4, 11, 18, 1973. /s/ James Morgan Representative 70th District Sworn to and subscribed before me this 31st day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF PORTERDALECHARTER AMENDEDCOMPENSATION OF MAYOR AND COUNCILMEN CHANGED. No. 496 (House Bill No. 503). An Act to amend an Act providing for the compensation of the mayor and councilmen of the municipality of Porterdale, approved April 17, 1969 (Ga. L. 1969, p. 2846), so as to change the compensation of the mayor and councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the mayor and councilmen of the municipality of Porterdale, approved April 17, 1969 (Ga. L. 1969, p. 2846), 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. Beginning with the month following the month in which this Act shall become effective, the mayor
Page 2956
of the municipality of Porterdale shall receive an annual salary of $1050.00, the councilman serving as treasurer shall receive an annual salary of $425.00, and the other councilmen shall each receive an annual salary of $325.00, all such salaries payable in equal monthly installments from the funds of the municipality of Porterdale. Salaries. 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 of intention to apply to the 1973 session of the General Assembly of Georgia for passage of local legislation affecting the Town of Porterdale and the amount and manner in which the Mayor and Council are paid and for other purposes. This 31st day of December, 1972. J. W. (Jim) Morgan Representative 70th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Morgan who, on oath, deposes and says that he is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
Page 2957
Covington News which is the official organ of Newton County, on the following dates: January 4, 11, 18, 1973. /s/ James Morgan Representative 70th District Sworn to and subscribed before me this 31st day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TATTNALL COUNTYCOMPENSATION OF CHAIRMAN OF BOARD OF COMMISSIONERS CHANGED, ETC. No. 497 (House Bill No. 515). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Tattnall County, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved February 28, 1969 (Ga. L. 1969, p. 2137), so as to change the compensation of the chairman and members of the Board of Commissioners; to provide for a secretary for the chairman; 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 Tattnall County, approved August 18, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved February 28, 1969 (Ga. L. 1969, p. 2137), is hereby amended by striking section 15 in its
Page 2958
entirety and inserting in lieu thereof a new section 15 to read as follows: Section 15. The members of the Board of Commissioners shall receive as their compensation, a sum of not less than $200.00 per month nor more than $250.00 per month. The chairman shall receive as his compensation the sum of $4,800.00 per annum, to be paid in equal monthly installments. The chairman shall be authorized to employ a secretary for his office and said chairman shall receive $600.00 per annum for compensating such secretary. The said commissioners may elect a clerk of said board whose duty it shall be to keep a record of the actings and doings of the board, at the courthouse in said county, said records to be open to the inspection of any citizen of said county at all times, if the same does not conflict with the meetings of the board, and shall perform such other duties as may be assigned him by said board and shall keep all the books and records of his office in a neat first-class and businesslike condition at all times. Such clerk shall receive compensation for all his duties as such clerk in the amount of $350.00 per month. Said clerk may be either a man or woman. Said clerk before entering upon his duties shall give bond with good security in a sum fixed by the commissioners, not less than $2,500.00, payable to and approved by the commissioners, conditioned for his faithful performance of all the duties of such clerk. Said commissioners before entering upon their duties as such shall take an oath before the ordinary of said county for the faithful performance of their duties. Salaries. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. At the 1973 Session of the General Assembly of Georgia, I will introduce Legislation and seek passage thereof of a Bill to increase the salary of the Chairman of the County Commissioners of Tattnall County from $3600.00 a year to $4800.00 per year. He shall also receive $600.00 per year for a Secretary.
Page 2959
Also to increase the salary of the Members of the Tattnall County Board of Commissioners from $150.00 per year to not less than $200.00 per month or more than $250.00 per month. This is being done to comply with a Resolution unanimously adopted by the Tattnall County Board of Commissioners. Dewey Rush Representative 104th District 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 104th 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 11, 18, 25, 1973. /s/ Dewey D. Rush Representative, 104th District Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
Page 2960
TATTNALL COUNTYBOARD OF EDUCATIONCOMPENSATION OF CHAIRMAN AND MEMBERS CHANGED. No. 498 (House Bill No. 516) An Act to amend an Act providing for elections of members of the Board of Education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, so as to change the compensation of the chairman and members of the Board of Education of Tattnall County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for elections of members of the Board of Education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), 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. At the first meeting of the board, which is conducted in January of each year, the board shall elect one of its members as chairman and such other officers as the board shall desire. The chairman shall vote only on questions on which there is a tie. The members of the board shall receive as compensation for their services on the board a sum of not less than $125.00 per month nor more than $175.00 per month. The chairman shall receive as compensation for his service on the board a sum of not less than $200.00 per month nor more than $300.00 per month. The exact amount of such compensation to be received by the chairman and members shall be determined by the board, and chairman in case of a tie, but such amount shall be within the limitations provided above. Salary. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.
Page 2961
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. At the 1973 Session of the General Assembly of Georgia, I will introduce Legislation and seek passage thereof of a Bill to increase the salary of the Chairman of the Board of Education of Tattnall County from $150.00 per month to not less than $200.00 per month or more than $300.00 per month. Also to increase the salaries of the Members of the Board of Education of Tattnall County from $75.00 per month to not less than $125.00 per month or more than $175.00 per month. This is being done to comply with a Resolution unanimously adopted by the Tattnall County Board of Education. Dewey Rush, Representative, District 104 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 104th 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 11, 18, 25, 1973. /s/ Dewey D. Rush Representative, 104th District Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
Page 2962
TATTNALL COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 499 (House Bill No. 517). An Act to amend an Act abolishing the fee system of compensating the Sheriff of Tattnall County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2155), as amended, so as to change the salary of the sheriff; to change the provisions relating to the allowance for automobiles; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the Sheriff of Tattnall County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2155), 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 shall receive an annual salary of $11,000.00, payable in equal monthly installments from the funds of Tattnall County; provided, however, effective April 1, 1974, said salary shall be increased by ten percent. The salary prescribed herein for said officer shall include his compensation for his services as ex officio Sheriff of the City Court of Reidsville. Salary. Section 2. Said Act is further amended by striking from section 6 the following: 10 cents, and inserting in lieu thereof the following: not less than 10 cents, so that when so amended, section 6 shall read as follows:
Page 2963
Section 6. The sheriff at his own expense shall furnish such automobiles as shall be necessary to carry out the duties of his office. The governing authority of Tattnall County shall reimburse the sheriff for the expenses of operating and maintaining said vehicles at the rate of not less than 10 cents per vehicle for each mile said vehicles travel in connection with the official business of the sheriff's office. The sheriff shall be responsible for feeding prisoners confined in the county jail; however, the governing authority of Tattnall County shall reimburse the sheriff for the expenses connected therewith. Tattnall County shall also reimburse the sheriff and any of his deputies for any expenses incurred for food and lodging while on official business outside the confines of Tattnall County. Expenses. Section 3. This Act shall become effective April 1, 1973. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. At the 1973 Session of General Assembly of Georgia, I will introduce Legislation and seek passage thereof, A Bill to increase the salary of the Sheriff of Tattnall County by 10 per cent effective April 1, 1973, and an additional 10 per cent effective April 1, 1974. This was recommended by the October Term of the Tattnall County Grand Jury and unanimously approved by the Tattnall County Commissioners. Dewey Rush, Representative, District 104. 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 104th District, and that the attached copy of Notice of
Page 2964
Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 11, 18, 25, 1973. /s/ Dewey Rush Representative, 104th District Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TATTNALL COUNTYCOMPENSATION OF SUPERIOR COURT CLERK CHANGED, ETC. No. 500 (House Bill No. 518). An Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, approved April 6, 1967 (Ga. L. 1967, p. 2723), as amended so as to change the compensation provisions relating to the clerk; to change the salary provisions relating to deputy clerks; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall County and providing in lieu thereof an annual salary, approved April 6, 1967 (Ga. L. 1967, p. 2723), 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:
Page 2965
Section 2. The clerk shall receive an annual salary of $11,000.00, payable in equal monthly installments from the funds of Tattnall County; provided, however, that said salary may be increased ten percent by the governing authority of Tattnall County, said increase to be effective April 1, 1974. The salary prescribed herein for said officer shall include his compensation for his service as ex officio Clerk of the State Court of Tattnall County (formerly City Court of Reidsville), and said salary shall be his sole compensation for his services as Clerk of the Superior Court of Tattnall County and Clerk of the State Court of Tattnall County. Salary. Section 2. Said Act is further amended by striking from section 4 the following: $7,800.00, and inserting in lieu thereof the following: $9,000.00, so that when so amended, section 4 shall read as follows: Section 4. The clerk shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The governing authority of Tattnall County shall make available to the clerk the sum of $9,000.00 annually for the purpose of compensating all such personnel and it shall be the duty of the clerk to fix the respective compensation of each of his employees. It shall be within the sole power and authority of the clerk, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Personnel. Section 3. This Act shall become effective April 1, 1973. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2966
Notice of Local Legislation. At the 1973 Session of the General Assembly of Georgia, I will introduce Legislation and seek passage thereof of a Bill to increase the salary of the Clerk of Courts of Tattnall County by 10 per cent effective April 1, 1973. The Clerk shall not have less than $9,000.00 per year to pay salaries for two Deputy Clerks. This was recommended by the October Term of the Tattnall County Grand Jury and unanimously approved by the Tattnall County Commissioners. Dewey Rush, Representative, District 104. 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 104th 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 11, 18, 25, 1973. /s/ Dewey Rush Representative, 104th District Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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WALNUTGROVE-YOUTH WATER AUTHORITY ACT AMENDEDERROR CORRECTED. No. 501 (House Bill No. 521). An Act to amend an Act creating the Walnutgrove-Youth Water Authority, approved April 3, 1972 (Ga. L. 1972, p. 3623), so as to correct a typographical error referring to Tift County in section 3(b); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia. Section 1. An Act creating the Walnutgrove-Youth Water Authority, approved April 3, 1972 (Ga. L. 1972, p. 3623), is hereby amended by striking from subsection (b) of section 3 the following: Tift, and inserting in lieu thereof the following: Walton, so that when so amended, subsection (b) of section 3 shall read as follows: (b) The word `project' shall be deemed to mean and include the acquisition, construction and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within and without the territorial boundaries of Walton County, and additions and improvements to and extensions of such facilities and the operation and maintenance of same so as to assure an adequate water system. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 2968
Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to amend the Act creating the Walnutgrove-Youth Water Authority and for other purposes. This the 15th day of January, 1973. Bobby Carrell Representative, District 71 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Carrell 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 Walton Tribune which is the official organ of Walton County, on the following dates: January 18, 25, February 1, 1973. /s/ Bobby Carrell Representative, 71st District Sworn to and subscribed before me, this 6th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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CITY OF TOCCOACHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 502 (House Bill No. 524). An Act to amend an Act of the General Assembly of Georgia incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as heretofore amended, so as to add additional lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa to be included in the city limits of said city; to repeal conflicting laws; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act that an Act incorporating the City of Toccoa, approved December 20, 1897, (Ga. L. 1897, p. 341 et seq.), as amended, be, and the same is hereby amended by adding to section three, at the end thereof the following: The corporate limits of the City of Toccoa, Georgia shall also include the following described lots, tracts or parcels of land adjacent to the present city limits of the City of Toccoa, which the owners of said lots, tracts or parcels of land have by written petition to the City Commission of the City of Toccoa requested that said acres, now outside the city limits of the City of Toccoa, be added and included in the city limits of the City of Toccoa, Georgia, to-wit: All that tract or parcel of land lying and being in the 440th G.M.D. Stephens County, Georgia, and being Lot No. 1 of the Addway Court Sub-division as shown by a plat of survey recorded in Plat Book 6, page 16, Office Clerk Superior Court, Stephens County, Georgia. Said plat being dated March 22, 1972, and prepared by Clelland A. Tyson, Ga. Reg. Surveyor No. 1515. Said lot being more fully described as follows: BEGINNING at the 40 ft. right of way intersection of Addington Drive and the 40 ft. right of way of Addington Court as shown by the plat above mentioned to said point of beginning being on the S side of Addington Court and on the E side
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of Addington Drive running thence from said beginning point S 52 degrees 34 minutes E 147.1 along the 40 ft. right of way of Addington Court to a point; said point separating Lots 1 and 2, thence S 22 degrees 21 minutes W 193.8 ft. to a point; run thence N 54 degrees 43 minutes W 115.5 ft. to a point; run thence N 09 degrees 44 minutes E 97.1 ft. to a point; run thence N 17 degrees 26 minutes East 111.2 ft. back to the beginning corner. Said tract being all of Lot No. 1 as shown on said plat above mentioned consisting of 0.59 acres. Reference is made to the above mentioned plat and the description as contained therein as to Lot No. 1 and is incorporated herein as fully and completely as shown in said plat. The above described property being a portion of 7.2 acres conveyed by M. M. Murphy and Daisy E. Murphy to Burton Boykin by Warranty Deed dated January 31, 1972, and recorded in Deed Book 111, page 664, Office Clerk Superior Court, Stephens County, Georgia. AND ALSO: All that tract or parcel of land lying and being in the 440th G.M.D. Stephens County, Georgia, and being Lot. No. 2 of the Addway Court sub-division as shown by a plat of survey recorded in plat book 6, page 16, Office Clerk Superior Court, Stephens County, Georgia. Said plat being dated March 22, 1972, and prepared by Clelland A. Tyson, Ga. Reg. Surveyor, No. 1515. Said lot being more fully described as follows: BEGINNING at the intersection of the 40 ft. right of way af Addington Drive and the 40 ft. right of way of Addington Court at a point shown on said plat as being on the S side of Addington Court and the E side of Addington Drive. Running thence from said point down Addington Court S 52 degrees 34[prime] E 147.1 ft. to a point which point is the point of beginning herein conveyed, run thence S 22 degrees 21[prime] W 193.8 ft. along Lot No. 1 to a point run thence S 54 degrees 43[prime] E 125.0 ft. to a point; run thence N 23 degrees 26[prime] E 127.7 ft. to a point located on the Circle of Addington Court; thence run in a W direction following the contour of said Circle 91.3 ft. to a point; run thence following the contour of said circle in a W direction 15.0 ft. to a point; run thence N 52 degrees 34[prime] W along Addington
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Courts Southern boundary 72.4 ft. back to the beginning point. Being all of Lot No. 2 and consisting of 0.49 acres. Reference is made to the above mentioned plat and the description as contained therein as to Lot No. 2 and is incorporated herein as fully and completely as shown in said plat. The above described property being a portion of 7.2 acres conveyed by M. M. Murphy and Daisy E. Murphy to Burton Boykin by Warranty Deed dated January 31, 1972, and recorded in Deed Book 111, page 664, Office Clerk Superior Court, Stephens County, Georgia. AND ALSO: All that tract or parcel of land situate, lying and being in Stephens County, Georgia, and being Lots Eight (8) and Nine (9) of the Harper Home Site Sub-division and more particularly described as follows: BEGINNING at an iron pin corner on the Northeast side of State Highway No. 17, next to Lot No. 7 of said Sub-division, and running thence North 41 degrees 12 minutes East 150 feet to an iron pin corner; thence South 48 degrees 48 minutes East 150 feet to an iron pin corner; thence South 41 degrees 12 minutes West 73 feet to an iron pin corner on the North side of Narrow Street; thence along the North side of Narrow Street South 85 degrees 20 minutes west 99.29 feet to the point of curvature at the intersection of Narrow Street and State Highway No. 17; thence following the curve of the intersection of said streets on a radius of 20 feet, 16 feet to a point on the Northeast side of State Highway No. 17; thence North 48 degrees 48 minutes West 66.54 feet to the point of beginning, all according to plat and survey thereof by John W. Burroughs, Registered Surveyor, dated April 27, 1951. AND ALSO: All that tract or parcel of land situate, lying and being in the 440th District, Stephens County, Georgia, and being Lot No. Seven (7) of the Harper Home Site Subdivision and more particularly described as follows: BEGINNING at an iron pin corner on the Northeast side of State Highway No. 17, said iron pin corner being Seventy-Five (75) feet Southeast from the intersection of Rountree Road and State Highway No. 17, and running thence along the Northeast side of State Highway No. 17, South 41 degrees 12 minutes East Seventy-Five (75) feet to an iron pin corner;
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thence North 48 degrees 48 minutes East One Hundred Fifty (150) feet to an iron pin corner; thence North 41 degrees 12 minutes West Seventy-Five (75) feet to an iron pin corner; thence South 48 degrees 48 minutes West One Hundred Fifty (150) feet to the beginning iron pin corner, all according to plat and survey by John W. Burroughs, Jr., dated December 6, 1950. AND ALSO: All that tract or parcel of land situate, lying and being in the 440th District, G.M., Stephens County, Georgia, located on the Northwest side of Collier Road, and being more fully described as follows: BEGINNING at an iron pin corner on the Northwest side of Collier Road next to Lot 72 of the Meadowbrook Sub-division, the present City limits Line of the City of Toccoa, and running thence along the Line of Lot 72 North 43 degrees 27 minutes West 98.83 feet to an iron pin corner next to Lot 71; thence along the line of Lot 71 North 43 degrees 33 minutes West 87.37 feet to an iron pin corner next to Lot 70 of said sub-division; thence along the line of Lot 70 North 44 degrees 13 minutes West 84.26 feet to an iron pin corner next to the McAvoy property; thence along the line of McAvoy North 53 degrees 26 minutes East 278.60 feet to an iron pin corner next to Lot 51 of the Meadowbrook Sub-division; thence along the line of Lot 51 of the Meadowbrook sub-division and the line of the Collier lots South 29 degrees 26 minutes East 267.75 feet to an iron pin corner on the Northwest side of Collier Road South 55 degrees 08 minutes West 101.75 feet, south 50 degrees 13 minutes West 110 feet to the beginning iron pin corner, and being Lots Sixty-Eight (68) and Sixty-Nine (69) of the Meadowbrook Sub-division. AND ALSO: All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and lying adjacent to property of City of Toccoa, and being more particularly described as follows: BEGINNING at an iron pin corner on the North side of the right of way of Collier Road, said iron pin being located at the Southwest corner of property herein described at the Southeast of Lot No. 20 of the Dewey Collier Sub-division; thence running along the line of Lot No. 20 of said sub-division, which line is also the line of the existing City Limits of the
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City of Toccoa North 29 degrees 53 minutes West 200 feet to an iron pin corner next to other property of Dewey Collier; thence running North 69 degrees 47 minutes East 184.32 feet to an iron pin corner next to Lot No. 18; thence running South 29 degrees 53 minutes East 200 feet to an iron pin corner on the North side of Collier Road; thence along the North right of way line of Collier Road South 69 degrees 47 minutes West 184.32 feet to the iron pin point of beginning and being Lot No. 19 according to sketch of survey of lots 18 and 19 for the Dewey Collier Sub-division by James H. Garrett, Jr., Registered Surveyor, dated January 1, 1957, a copy of said plat being attached hereto as Exhibit A and incorporated herein by reference, and as hereinbefore stated, the existing City Limit line extends up to the Western boundary of Lot No. 19 which is herein described. AND ALSO: All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and in the 440th District, G.M., and described as follows: BEGINNING at a stake next to Block 7 and running thence along the line of said Block South 23 East 35.42 chains to a stake on the W. M. Jordan lands; thence along Jordan line South 68.40 West 3.98 chains to a stake on Block No. 9; thence along the line of Block No. 9 North 23 West 35.70 chains to a stake on Collins Road; thence along said road 2.33 chains; thence 1.80 chains to the beginning corner, and containing Fourteen and one-tenth (14.1) acres, more or less, according to M. B. Collier Survey of the L. M. Collins Estate lands, as shown by plat recorded on Surveyor's Record No. 1, page 220, Stephens County, Georgia. Being the same property fully described in a plat and survey dated February 17, 1971, a copy of which is recorded in Plat Book 5, page 238, Stephens County Records, and a copy of said plat being attached hereto as Exhibit A and incorporated herein by a reference the existing City Limit line extends through a portion of Lots 1 and 42 as fully shown on the attached plat. AND ALSO: All that tract or parcel of land lying and being in the 440th District, G. M., Stephens County, Georgia, and being located adjacent to the City Limits of the City of Toccoa and being a 10 foot wide strip of land, said property
Page 2974
beginning 10 feet South of a creek which is located on the western boundary of the property of the undersigned, with creek forming the Southeast corner of the property of Paul Smith and said creek being also common to the corner of Martin Realty Company property, Paul Smith and John Addington; thence running in a Northern direction along the line of Paul Smith property and unopened street 10 feet wide to the Southern boundary line of Dr. Elton Copelan; thence running in a Northeastern Direction, again 10 feet wide, along the property of Dr. Elton Copelan to a point 10 feet past the corner common to Dr. Copelan and Burt Boykin, as measured along the Northern property line of John Addington, the undersigned annexing to the City of Toccoa a 10 foot strip of land from the Martin Realty Company property located off Rothell Road, along the Eastern boundary line of Paul Smith property and unopened street and along the Southern line of Dr. Elton Copelan to a point 10 feet past the Southeast corner of the Dr. Copelan property and the Southwest corner of the Boykin property. AND ALSO: Being a 10 foot strip of land off the eastern boundary of Lot No. 134 in the Meadowbrook Sub-division in the Toccoa 440th District G. M., Stephens County, Georgia, said 10 foot strip of land running along the Northern boundary of Cedar Lane from Rothell Road in a Southwestern direction to property now owned by Martin Realty Company. AND ALSO: All that tract or parcel of land lying and being in G.M.D. 440, Stephens County, Georgia and more particularly described as follows: BEGINNING at an iron pin corner on the Northeast side of Rothell Road at the Southeast corner of Lot No. 149; thence running along the Northeast side of Rothell Road North 55 degrees 53 minutes West 70 feet to an iron pin corner; thence running North 49 degrees 10 minutes East 70 feet to an iron pin corner; thence running North 44 degrees 23 minutes East 150 feet to an iron pin corner; thence running along other property of Martin Realty Company South 63 degrees 23 minutes East Ninety (90) feet to an iron pin corner; thence running along the Northwest line of Lot No. 149 South 26 degrees 07 minutes West 169.1 feet back to the iron pin point of beginning
Page 2975
and being all of Lot Number 148 of the Meadowbrook Sub-division, all according to sketch of survey by James H. Garrett, Jr., R.S. dated August 28, 1965, revised July 1, 1967, reference being made to said sketch of survey and made a part of this description. Being the same property conveyed by Martin Realty Company to Marvin L. Lipes by Warranty Deed dated August 30, 1969, which Deed is recorded in Deed Book 102, page 387 in the Office of the Clerk of Superior Court, Stephens County, Georgia. AND ALSO: All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being adjacent to the City Limits of the City of Toccoa and being more particularly described as follows: BEGINNING at an iron pin corner on the northeast corner of Lot No. 147 of the Meadowbrook Sub-division, all according to sketch of survey of Meadowbrook Sub-division for Martin Realty Company by James H. Garrett, Jr., Registered Surveyor dated August 25, 1963; thence running South 63 degrees 23 minutes East 50 feet to an iron pin corner located at the Northwest corner of Lot No. 147 of Meadowbrook Sub-division; thence with the back lines of Lots 148, 149 and 150 of Meadowbrook Sub-division South 63 degrees 23 minutes East 255.9 feet next to property of now or formerly Rothell; thence along the eastern boundary of the Meadowbrook Sub-division, with Rothell and Addington property North 18 degrees 58 minutes West 399.25 feet to an iron pin corner which is the Southeastern corner of Lot No. 222 of the Meadowbrook Sub-division and which is next to a branch; thence following the line of the branch and along the Eastern boundaries of Lot No. 221, 220 and 219 to an iron pin corner at the Northwest corner of Lot No. 146 of Meadowbrook Sub-division; thence following along the Northeastern lines of Lots 146 and 147 South 35 degrees 51 minutes East 113 feet South 41 degrees 30 minutes East 82.70 feet to the beginning iron pin corner, all of said lot reference being made to the lots of Meadowbrook Sub-division, by James H. Garrett, Jr., Registered Surveyor of plat above referred to.
Page 2976
AND ALSO: All that tract or parcel of land lying and being in the County of Stephens, State of Georgia, and in Toccoa 440th District, G.M., and being more particularly described as follows: BEGINNING at a point on the South side of State Highway No. 17, 227.7 feet from the Southeast corner of Addington Drive and State Highway 17 and running thence South 48 degrees 21 minutes East along the South right-of-way line of State Highway 17 for a distance of 26.3 feet to a point; thence South 50 degrees 14 minutes East along said right-of-way line of State Highway No. 17 for a distance of 154.1 feet to a point; thence South 53 degrees 19 minutes East along said right-of-way line of State Highway No. 17 for a distance of 181.5 feet to a point; thence South 56 degrees 48 minutes East continuing along said right-of-way line of State Highway No. 17 for a distance of 123.3 feet to an iron pipe; thence South 21 degrees 46 minutes West along western right-of-way line of proposed street for a distance of 875.8 feet to an iron pipe; thence North 39 degrees 05 minutes West for a distance of 212.9 feet to an iron pin; thence North 34 degrees 35 minutes West for a distance of 271.9 feet to an iron pin; thence North 53 degrees 05 minutes West for a distance of 266.0 feet to an iron pin on the eastern right-of-way line of Addington Drive; thence North 19 degrees 21 minutes East along eastern right-of-way line of Addington Drive for a distance of 277.1 feet to a point; thence North 22 degrees 20 minutes East continuing along said right-of-way line of Addington Drive for a distance of 240.6 feet to a point; thence North 20 degrees 56 minutes East continuing along said right-of-way line of Addington Drive for a distance of 77.8 feet to an iron pin; thence South 49 degrees 42 minutes East for a distance of 171.2 feet to an iron pin; thence North 41 degrees 39 minutes East for a distance of 145.0 feet to an iron pin and the point of beginning. Said tract of land contains 11.407 acres, as shown on plat of survey made by Tyson and Associates, Inc., Lavonia, Georgia, dated November 23, 1971. AND ALSO: All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, on the Southwest side of Georgia Highway 17 and more fully described as follows: BEGINNING at an iron pin at the Southwest corner of the intersection of Georgia Highway 17
Page 2977
and Addington Drive and running thence along the right-of-way of Georgia Highway 17 South 43 degrees 21 minutes East 227.7 feet to an iron pin corner next to Doyal Development Company lands; thence South 41 degrees 39 minutes West 145 feet to an iron pin corner; thence North 49 degrees 42 minutes West 171.2 feet to an iron pin corner on the Southeast side of Addington Drive; thence along the right-of-way of Addington Drive North 20 degrees 56 minutes East 160 feet to the beginning iron pin corner and containing 0.678 acre, according to plat and survey by Clelland A. Tyson, Registered Surveyor, dated November 24, 1971. AND ALSO: All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, containing 2.03 acres as shown by plat of survey dated April 30, 1969, by Clelland A. Tyson, Registered Surveyor, and more particularly described as follows: BEGINNING at an iron pin corner on the East side of a County dirt road next to property of Grant, said iron pin corner being 765 feet South from the intersection of said County dirt road and State Highway 17, and running thence along the line of Grant South 53 degrees 32 minutes East 264.2 feet to an iron pin; thence along the line of Addington South 34 degrees 59 minutes East 271.8 feet to an iron pin corner next to Purcell; thence along the line of Purcell South 32 degrees 19 minutes West 55.5 feet to an iron pin corner next to property of M. M. Murphy; thence along the line of Murphy North 67 degrees 46 minutes West 468.1 feet to an iron pin corner on the East side of said County dirt road; thence along the right-of-way of said road North 20 degrees 49 minutes East 266.7 feet to the beginning corner. Being the same property conveyed to Roger F. and Janice Murphy by M. M. Murphy, Sr. and Daisy E. Murphy by Warranty Deed dated June 3, 1969, recorded in Deed Book 102, page 201, Stephens County Records. AND ALSO: All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being adjacent to the City Limits of the City of Toccoa, Georgia, and being more particularly described as follows:
Page 2978
Being all of Lots 3, 7 8 and 9 of the Addway Court Sub-division all according to plat and survey of said sub-division by Clelland A. Tyson, Registered Surveyor dated March 22, 1972, which is recorded in Plat Book 6, page 16, Stephens County Records, to which survey reference is made for a more complete and accurate description of said premises. AND ALSO: All that tract or parcel of land lying and being Lot No. 5 of the Addway Court Sub-division, as shown by a plat of survey recorded in plat book 6, page 16. Said plat being dated March 22, 1972, and prepared by Clelland A. Tyson, G. Reg. Surveyor No. 1515. Said lot being more fully described as follows: BEGINNING at the 40 ft. right-of-way of Addington Drive and on the North side of the 40 ft. right-of-way of Addington Way at an iron pin located at the common corner of Lot No. 4 at its SW corner and on the East side of Addington Drive, and running from said iron pin South 54 degrees 45 minutes East 71.4 feet to a point, said point being the beginning corner and being the SE point of Lot No. 5. Run thence along the boundary line separating Lots No. 4 and 5 N. 32 degrees 17 minutes East 202.8 ft. to a point; run thence S. 54 degrees 43 minutes East 172.5 feet to a point; run thence S. 39 degrees 17 minutes West 172.8 ft. to the contour on the 40 ft. right-of-way of Addington Drive; thence follows said contour in a westerly direction 61.6 feet to a point; run thence N. 54 degrees 45 minutes West 125.3 ft. back to the beginning corner. Reference is made to the above mentioned plat and the description as contained therein as to Lot No. 5 is incorporated herein as fully and completely as shown in said plat. The above described property being a portion of 7.2 acres conveyed by M. M. Murphy to Burton Boykin by Warranty Deed dated January 31, 1972, and recorded in Deed Book 111, page 664, Office Clerk Superior Court, Stephens County, Georgia. AND ALSO: All that tract or parcel of land lying and being in the 440th G.M.D., Stephens County, Georgia, and being Lot No. 4 of the Addway Court Sub-division as shown by a plat of survey recorded in plat book 6, page 16, Office Clerk of Superior Court, Stephens County, Georgia. Said plat being dated March 22, 1972, and prepared by Clelland A. Tyson, Ga. Reg. Surveyor, No. 1515. Said lot being more fully
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described as follows: BEGINNING at a point located at the intersection of Addington Drive and a 40 ft. right-of-way of Addington Way and on the northern boundary and at the S.W. corner on Lot No. 4 running thence from said beginning point N 05 degrees 16[prime] E. 50.8 ft. to a point; thence N 04 degrees 00[prime] E 184.9 ft. to a point; run thence S 54 degrees 43[prime] E 207.0 ft. to a point; thence S 32 degrees 17[prime] W 202.8 ft. to a point; run thence N 54 degrees 45[prime] W 71.4 ft. back to the beginning corner. Said lot containing 0.67 acres as shown by the plat above mentioned. Reference is made to the above mentioned plat and the description as contained therein as to Lot No. 4 is incorporated herein as fully and completely as shown in said plat. The above described property being a portion of 7.2 acres conveyed by M. M. Murphy and Daisy E. Murphy to Burton Boykin by Warranty Deed dated January 31, 1972, and recorded in Deed Book 111, page 664, Office Clerk Superior Court, Stephens County, Georgia. AND ALSO: All that tract or parcel of land situate, lying and being in the County of Stephens, State of Georgia, just outside the City Limits of the City of Toccoa, on the South side of the old Toccoa-Greenville Highway and known and designated as Lots Nos. Thirty-two (32) and Thirty-three (33), according to plat and survey made by S. C. Moon, County Surveyor Hall County, Georgia, March 1939, for S. B. Carter, and reference is hereby made to said plat and it is made a part of this description. The said two lots front one hundred (100) feet on the West side of what is known as Carter Street of said sub-division and running back same width as front and being two hundred fifteen (215) feet on the North side and Two Hundred (200) feet on the South side. A plat of said property and its relationship to the existing City Limit Line is attached hereto as Exhibit A. AND ALSO: All that tract or parcel of land lying and being in Stephens County, Georgia, 440th District, G. M., and being lots Numbers Eighteen (18) and Nineteen of the Will S. Davis Sub-division, plat and survey made by M. B. Collier, County Surveyor of Stephens County, September 9, 1946,
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said plat being recorded in the plat record #2, page 108, in the Office of the Clerk of the Superior Court of Stephens County, Georgia, and to which reference is made for a more definite description, and made a part hereof, said Lots being located on Hillcrest Drive. A plat of sad property and its relationship to the existing City Limit line is attached hereto as Exhibit B. AND ALSO: All that tract or parcel of land lying and being in the G.M.D. 440, Stephens County, Georgia and more particularly described as follows: BEGINNING at an iron pin corner on the Southwest side of Valley Drive; thence running along the Southwest side of Valley Drive in a Northwesterly direction One Hundred (100) feet, more or less to an iron pin corner; thence running along Agnew Sub-division property line in a Southwesterly direction One Hundred Twenty-five and two tenths (125.2) feet to an iron pin corner; thence running in a Southwesterly direction along property of Charles H. Gaines One Hundred Thirty-six and nine-tenths (136.9) feet to an iron pin corner; thence running along other property of Charles H. Gaines and Oliver W. Kesler in a Southeasterly direction Two Hundred Forty-four and six-tenths (244.6) feet to an iron pin corner; thence running along the meanderings of branch as line Two Hundred Sixty (260) feet, more or less back to the iron pin point of beginning on the Southwest side of Valley Drive and being all of Lot Number Forty-three (43) and a portion of Lot Number Thirty-eight (38) of the Dogwood Hills Sub-division. AND ALSO: TRACT NO. ONE: All that tract or parcel of land lying and being contiguous to the City Limits of the City of Toccoa, Georgia and in the 440th District, G.M., Stephens County, Georgia and being more particularly described as follows: BEGINNING at an iron pin on the West side of Henderson Falls Road, said iron pin being located on a line common with Mulkey property purchased by City of Toccoa; thence running North 63 degrees 30 minutes East 328.2 feet to an iron pin corner with other property of Christine Roberts; thence with Roberts line South 19 degrees 21 minutes East 245.4 feet to an iron pin corner on the Toccoa
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City Limit line; thence with the Toccoa City Limit line South 72 degrees 39 minutes West 345.8 feet to an iron pin corner; thence running North 14 degrees 13 minutes West 200 feet to the beginning iron pin corner and containing 1.70 acres of land according to plat and survey thereof by Clelland A. Tyson, Registered Surveyor dated August, 1969, for the City of Toccoa and being Tract No. 4 as described on said plat. Reference to said plat is hereby made for more full and complete description of said premises. TRACT NO. TWO: All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, on the new By-Pass County paved road and on the waters of Toccoa Creek more particularly described as follows: BEGINNING at a Double Water Oak corner South of Toccoa Creek which point is common to the lands herein described, other lands of John Vince Mulkey and the Hurst lands and running thence from said Double Water Oak corner North 06 degrees 09 minutes East 229.3 feet to the center of Toccoa Creek; thence along the center line of Toccoa Creek North 42 degrees 58 minutes East 275.8 feet; North 50 degrees 10 minutes East 208.7 feet; North 35 degrees 13 minutes East 251.1 feet; thence North 04 degrees 33 minutes West 346 feet to a point in the center of Toccoa Creek on the right of way of the new By-Pass paved road; thence along the right-of-way of said road North 81 degrees 43 minutes East 350.7 feet; North 85 degrees 04 minutes East 93.4 feet; thence South 85 degrees 46 minutes East 106.7 feet; South 76 degrees 09 minutes East 68.1 feet; South 66 degrees 10 minutes East 119.8 feet; South 54 degrees 56 minutes East 90.3 feet; South 48 degrees 45 minutes East 174.7 feet; South 50 degrees 01 minutes East 151.3 feet; South 59 degrees 15 minutes East 105.8 feet to a concrete monument on the right-of-way of said road next to other lands of John Vince Mulkey; thence along the line of Mulkey South 64 degrees 18 minutes West 1,801.3 feet to the beginning Double Water Oak corner and containing 18.19 acres, more or less, according to plat of A. B. Turnbull, R.S. No. 1557, dated May 31, 1968, reference to which plat is made and said plat is incorporated herein for further description of the premises conveyed.
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Said tract of land being bounded on the North and Northeast by the new By-Pass County paved road, on the Southeast by John Vince Mulkey lands, on the West and Northwest by the Hurst lands and Toccoa Creek. Said tract of land is a portion of the premises formerly known as the John M. Mulkey lands as described in deed records in Deed Book 25, page 148, Stephens County Records. AND ALSO: All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, and being partly in and partly out of the City Limits of the City of Toccoa and being adjacent to the said City Limits of the City of Toccoa and being more particularly described as follows: BEGINNING at an iron pin corner located at the Southwest corner of property of the Housing Authority of the City of Toccoa, Georgia, located off of Skyview Lane; thence running along property of Housing Authority, Brady and Bessie Collins North 74 degrees 31 minutes East 1,209.1 feet to an iron pin corner; thence with other property of Charles Sheriff South 15 degrees 41 minutes East 392.0 feet to an iron pin corner; thence with other property of now or formerly owned by Ellis South 83 degrees 43 minutes West 1,195.2 feet to an iron pin corner next to Davis property; thence with Davis line North 24 degrees 10 minutes West 203.2 feet to the beginning iron pin corner and containing 8.09 acres of land, all according to plat and survey thereof for Charles Sheriff by Clelland A. Tyson, Registered Surveyor dated March 13, 1972 to which plat of survey reference is made for a more complete and accurate description of said premises. AND ALSO: All that tract or parcel of land situate, lying and being in the 440th District, G.M., Stephens County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin corner at the intersection of State Highway 17 and Bellvue Drive, and running thence along the right of way of State Highway 17 in a Southern direction 205 feet to an iron pin corner next to what is known as the Bell's Food Store parking lot; thence along said parking lot in a Northeastern direction to a corner on Bellvue Drive; thence along Bellvue Drive a distance of 205
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feet to the beginning corner, and being known as the Bell's Drive In property. AND ALSO: All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, just outside the City Limits of the City of Toccoa, Georgia, and being more particularly described as follows: BEGINNING at a corner common with the Northwest corner of property sold by Mrs. Agnew to Charles Sheriff, said corner also being common to other property of Charles Sheriff; thence running along the property line common with property sold to Charles Sheriff South 6 degrees 18 minutes East 140 feet to a point; thence running South 1 degree 24 minutes West 270 feet, more or less, to corner on Narcisus Baptist Church property; thence running along line of Narcisus Baptist Church and Collins property North 88 degrees 36 minutes West 373 feet, more or less, to a point; thence continuing with Collins property South 84 degrees 48 minutes West 132.7 feet; thence South 84 degrees 50 minutes West 131.7 feet to a point; thence with line common with Agnew property South 80 degrees 14 minutes West 162.3 feet to a point common with Gibby land; thence with Gibby property South 85 degrees 33 minutes West 200.3 feet to a point; thence with other property of Agnew South 85 degrees 00 minutes West 400.2 feet to a point next to Bruce property; thence with Bruce, Agnew and Davis line, North 22 degrees 08 minutes West 260.5 feet to a point; thence with other property of Sheriff North 83 degrees 47 minutes East 886.9 feet to a point; thence North 83 degrees 47 minutes 605 feet to the beginning corner, all according to sketch of Sheriff and Agnew property by Dan A. Merck dated December 7, 1970, said description including a portion of the property already in the City Limits of the City of Toccoa and also the property outside the City Limits of the City of Toccoa, all as shown by said plat and survey by Dan A. Merck. AND ALSO: All that tract or parcel of land lying and being in the 440th District, G.M., Stephens County, Georgia, in the Meadowbrook Sub-division and more fully described as follows: BEGINNING at an iron pin corner on the West side of Currahee Heights Road next to Lot 92 in said Sub-division
Page 2984
said iron pin corner being 919 feet Southeast of the intersection of Currahee Heights Road and Rothel Road and running thence along the right of way of Currahee Heights Road South 20 degrees 13 minutes East 100 feet to an iron pin corner next to Lot 94 in said Sub-division; thence along the line of Lot 94 South 70 degrees 12 minutes West 150 feet to an iron pin corner which is common to Lots 93, 94, 237, and 238, in said sub-division; thence along the line of Lot 237 North 20 degrees 13 minutes West 96.34 feet to an iron pin corner which is common to Lots 92, 93, 236, and 237 in said Sub-division; thence along the line of Lot 92, North 68 degrees 45 minutes East 150 feet to the beginning iron pin corner and being Lot 93 of the Meadowbrook Sub-division according to plat and survey by Patton-Pless and Associates, dated....., 1971. AND ALSO: All that tract or parcel of land lying and being the Toccoa 440th District, G.M., Stephens County, Georgia in what is known as the Harper Home Site Sub-division, beginning at an iron pin corner on the Northwest corner of said lot on Rountree Road and running thence along the Southeast side of Rountree Road 150 feet to an iron pin corner on Terrell Drive; thence Southeast along Terrell Drive 100 feet to an iron pin corner; thence Southwest 150 feet to an iron pin corner next to Lot N. 7, thence Northwest along the line of Lot 7 and 6 100 feet to the beginning iron pin corner and making a lot fronting on Terrell Drive 100 feet and extending back same width as front 150 feet and being Lot No. 15 and 25 feet off the Northwest portion of Lot No. 14 of said Sub-division according to plat and survey of John F. Carey, Engineer, dated August 8, 1948 and revised on May 12, 1949, recorded in Plat Book 2, page 153, Clerk's Office of Stephens Superior Court. AND ALSO: All that tract or parcel of land lying and being in Stephens County, Georgia, and specified as Lot No. 6 of the Harper Sub-division, and fronting Seventy-five (75) feet on the North side of Highway 17, and extending back same width along Rountree Street One Hundred Fifty (150) feet, same being fully described in plat and survey of said Harper Sub-division now on record in the office of the Clerk of Court of Stephens County, together with all buildings
Page 2985
and improvements whatsoever on or pertaining to said lot. Begin the same property conveyed by Jess A. Hayes and Alice D. Hayes to Will S. Davis and Nancy Ruth Davis by Warranty Deed dated May 20, 1950, which Deed is recorded in Deed Book 62, page 157, in the Office of the Clerk of Superior Court, Stephens County, Georgia. AND ALSO: TRACT 1: All that tract or parcel of land lying and being in Stephens County, Georgia, and in the Toccoa, 440th District, G.M., the same being Lots Nos. Fifteen (15), Sixteen (16), Seventeen (17) and Eighteen (18) of the Sub-division of the C. T. Bell property according to plat made by Patrick S. Ewing, Surveyor, July 1946, which plat is recorded in the Office of the Clerk of Superior Court of Stephens County, Georgia, in Plat Book 2, page 105, which plat is hereby referred to and made a part hereof. TRACT 2: All that tract or parcel of land lying and being in Stephens County, Georgia, and in the Toccoa, 440th District, G.M., same being on State Highway No. 17 about 1 miles Southeast of Toccoa, Georgia, and being at an iron pin corner on the East side of same highway between lots numbers 11 and 12 of the C. T. Bell Sub-division and running thence in a Northeastern course along the line of Lot No. 11 of said sub-division 164 feet to an iron pin corner next to Lot No. 48; thence a Southeastern direction along the line of Lot Nos. 48 and 47 a distance of 87 feet to an iron pin corner in the middle of Lot No. 15; thence a Southwestern direction a straight line 160 feet to an iron pin corner on the East side of State Highway No. 17 in the middle of Lot No. 15 of said sub-division; thence a Northwestern direction along the Eastern boundary of State Highway No. 17 a distance of 87 feet to the beginning iron pin corner and being known and designated as Lots Nos. 12, 13, 14, and the Northern one-half of Lot No. 15 of the C. T. Bell Sub-division according to a plat made by Patrick S. Ewing, which plat is recorded in the Office of the Clerk of Superior Court of Stephens County, Georgia in Plat Book No. 2, page 105. Reference to which plat is hereby made for a more definite description of the premises herein conveyed.
Page 2986
Section 2. This Act shall not amend or repeal the provisions of an Act approved August 19, 1916 (Ga. L. 1916, p. 993). Section 3. All other laws and parts of laws in conflict with this Act are hereby repealed. Section 4. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the 1973 session of the General Assembly of Georgia for the passage of an Act to add certain areas to the corporate limits of the City of Toccoa, said additions being made at the request of certain property owners who reside outside the limits of the City of Toccoa; to repeal conflicting laws and for other purposes. Charles W. Bell City Manager Georgia, Stephens County. Personally before me the undersigned officer authorized by law to administer oaths appeared W. A. Trotman, Jr. who being duly sworn, deposes and says that he is the editor and publisher of the Piedmont Herald, a newspaper published in said County, the official organ of Stephens County, Georgia, and the newspaper in which sheriff's advertisements for said county are published and that the above and foregoing notice of intention to apply for local legislation was published in the Piedmont Herald on the
Page 2987
following dates: January 18, 1973; January 25, 1973; and February 1, 1973, as required by law. /s/ W. A. Trotman, Jr. Sworn to and subscribed before me this 2nd day of February, 1973. /s/ Yvonne M. Fortman Notary Public, Georgia State at Large. My Commission Expires Jan. 3, 1975. (Seal). Approved April 17, 1973. RANDOLPH COUNTYCOMPENSATION OF DEPUTY SHERIFF CHANGED. No. 503 (House Bill No. 525). An Act to amend an Act abolishing the mode of compensating the Sheriff of Randolph County, known as the fee system, and providing in lieu thereof, an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2903), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2333), an Act approved March 18, 1969 (Ga. L. 1969, p. 2223), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3376), so as to change the compensation of 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 abolishing the mode of compensating the Sheriff of Randolph County, known as the fee system, and providing in lieu thereof, an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2903), as amended by an Act approved February 28, 1966 (Ga. L. 1966, p. 2333), an Act approved March 18, 1969 (Ga. L. 1969, p. 2223), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3376), is
Page 2988
hereby amended by striking from section 8, the following: $4,800.00, and substituting in lieu thereof, the following: $6,000.00, so that when so amended, section 8 shall read as follows: Section 8. The sheriff is hereby authorized to appoint one deputy sheriff to assist him in the performance of his duties who shall serve at the pleasure of the sheriff. Said deputy shall receive a salary of $6,000.00 per annum payable in equal monthly installments from the funds of Randolph 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 the regular 1973 session of the General Assembly of Georgia, a bill to change the provisions relative to the compensation of the Deputy Sheriff of Randolph County; and for other purposes. This the 9th day of January, 1973. John R. Irwin Representative 113th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John R. Irwin who, on oath, deposes and says that he is Representative from
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the 113th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times/News Record which is the official organ of Randolph County, on the following dates: January 11, 18, 25, 1973. /s/ John R. Irwin Representative 113th District Sworn to and subscribed before me this 7th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. PEACHTREE CITY WATER, SEWERAGE AND RECREATIONAL AUTHORITY ACT. No. 504 (House Bill No. 535). An Act to create the Peachtree City Water, Sewerage and Recreational Authority and to authorize such Authority to acquire, construct, equip, operate, maintain, own and improve projects embracing sources of water supply; the treatment, distribution and sale of water to individuals, private concerns and governmental units; the collection, treatment and disposal of sewage waste and storm water; recreation centers and areas, including but not limited to lakes, picnic areas, athletic fields, golf courses, docks, marinas, airports, parking facilities or parking areas in connection therewith, club houses, gymnasiums and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities; to acquire the necessary property therefor, both real and personal, and to lease,
Page 2990
sell or operate any or all of such facilities, including real property; and any related facilities; to confer powers and impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of office; to authorize the Authority to contract with others pertaining to the use of its facilities and to execute leases of such facilities and to convey title to real property in fee simple of the Authority and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority 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 and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Fayette County or Peachtree City shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds and other obligations of the Authority and the interest thereon exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds or obligations; to provide that the properties of the Authority shall be exempt from taxation; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. L. 1937, p. 761 et seq., as amended); to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with the provisions of this Act; and for other purposes. Whereas, the population of Peachtree City is steadily increasing and the matter of obtaining and distributing potable water to; providing sewerage collection, treatment and disposal services for; and providing recreational centers and areas for consumers and users, including Peachtree City, is of prime importance and essential to the health and welfare of citizens within its boundaries and environs; and
Page 2991
Whereas, it is advisable to authorize the financing, in whole or in part, of the acquisition, construction, extension and improvement of water supply and distribution facilities; sewerage collection, treatment and disposal facilities; and recreational centers and areas throughout Fayette County and its environs by the issuance of revenue bonds of the Authority for that purpose. Be it therefore enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: Section 1. Short title. This may be cited as the Peachtree City Water, Sewerage and Recreational Authority Act. Section 2. Peachtree City Water, Sewerage and Recreational Authority. There is hereby created a body corporate and politic, to be known as the Peachtree City Water, Sewerage and Recreational Authority, which shall be deemed to be 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, except that the Authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents or employees. The Mayor and each member of the City Council of Peachtree City shall be an ex officio member of the Authority. The term of office of each ex officio member shall coincide with his term as Mayor or member of the City Council of Peachtree City. The Mayor of Peachtree City shall by virtue of his position be the Chairman of the Authority. Immediately after the passage of this Act, the members of the Authority shall enter upon their duties and as soon as is practicable thereafter they shall hold an organizational meeting. The members shall elect a secretary and treasurer, who need not be a member of the Authority. The Authority shall establish the number of members necessary to constitute a quorum. No vacancy on the Authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the Authority. The members of the Authority shall not be entitled to any compensation for their services but shall be reimbursed for their actual expenses necessarily
Page 2992
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 the Peachtree City Water, Sewerage and Recreational Authority created by Section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition and construction of systems, plants, works, instrumentalities, and properties: (1) used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution and sale of water for public and private uses; (2) used or useful in connection with the collection, treatment and disposal of sewage, waste and storm water; together with all parts of any such system, plant, work, instrumentality and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewerage disposal plants, intercepting sewers, trunk connecting and other sewers and watermains, filtration works, pumping stations, and equipment. The word project shall also be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of recreation centers and areas, including, but not limited to lakes, picnic areas, athletic fields, golf courses, docks, marinas, airports, parking facilities or parking areas in connection therewith, club houses, gymnasiums and 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, deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery, equipment, and furnishings related to the operation of the Project, financing charges, interest prior to and during construction
Page 2993
and for one year after completion of construction, the cost of engineering, architectural, fiscal 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 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, bonds and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. L. 1937, p. 761 et seq., as 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. Section 4. Powers. The Authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease, gift or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (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 the Authority, the Authority
Page 2994
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 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 enter into agreements with Peachtree City and/or Fayette County with respect to acquiring a source of water supply, providing sewerage service, preparing engineering data, plans and specifications for a water and sewerage system, extending water mains, apportioning the costs of constructing, extending and maintaining a water or sewerage system, or both, providing for the testing and inspection of facilities constructed, providing for rates to be charged for water and sewerage services furnished to users of the said system, providing for the reading of meters and keeping of pertinent records, apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system, providing for the ownership of the various facilities constructed or acquired and providing for such other matters or contingencies as might be necessary or desirable in order to secure for Peachtree City a satisfactory and reliable water supply and water and sewerage system at the most reasonable cost possible. (e) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (f) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects, or parts of projects, or contracts with respect to the use of projects, or parts of projects, which it causes to be erected or acquired, and to dispose by conveyance of its title in fee
Page 2995
simple of real and personal property of every kind and character, and any and all persons, firms and corporations both public and private, 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 acquisition of a water supply and to furnishing of the water and sewerage service and facilities or recreational areas and facilities or any of them by the Authority to such municipal corporations and counties and by such municipal corporations and counties to the Authority for a term not exceeding 50 years. As to any political subdivision, department, institution or agency of this State which shall enter into an agreement under the authority granted herein or in subsection (d) above, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and hereby is pledged. (g) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, as hereinable 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 or from the State of Georgia or any agency, instrumentality or political subdivision thereof, or from private sources. (h) To borrow money and accept grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (i) To borrow money, and accept grants of money, materials or property of any kind from the State of Georgia or any agency, instrumentality or political subdivision thereof,
Page 2996
upon such terms and conditions as the State of Georgia or such agency, instrumentality or political subdivision may impose; (j) 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 secure any of its borrowings by mortgage or pledge of any of its properties and to provide for the payment of the same and for the rights of the holders thereof; (k) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short term loans and to approve, execute and deliver appropriate evidence of any such indebtedness, provided, no such power is in conflict with the Constitution or general laws of this State; and (l) The Authority and any trustee acting under any trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in Section 18 hereof; (m) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Financing Projects. 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 borrow money for the purpose of paying all or any part of the cost, as herein defined, or any one or more projects and to provide by resolution for the issuance of negotiable revenue bonds for that purpose. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law, as now or hereafter amended, payable semiannually, shall mature
Page 2997
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. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (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 thereto. Section 6. Revenue Bonds; 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 and provision may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. Section 7. Same; signatures; seal. All such bonds shall bear the manual or facsimile signature of the chairman of the Authority, the attesting manual or facsimile signature of the secretary of the Authority and the official seal of the Authority shall be affixed thereto. The signature of one of such officers shall be placed manually on each bond. Any coupons attached thereto shall bear the manual or facsimile signature of the chairman or the secretary of the Authority. Any coupon may bear the facsimile signature of such person and any bond may bear the facsimile signature of and may be manually signed, sealed and attested on behalf of the Authority by, such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not
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have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Section 8. Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for essential public and governmental purposes and the said bonds, their transfer and the income therefrom shall be exempt from all taxation within the State. Section 9. Same; sale; price. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Section 10. Same; proceeds of bonds. The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, for which the same were issued and unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be used for paying the principal of and the interest on 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,
Page 2999
with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 13. Same; conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Section 14. Same; credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Fayette County or Peachtree City nor a pledge of the faith and credit of the said county or city, 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 said city to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. However, Peachtree City and Fayette County are authorized to contract with each other and with the Authority for any of the undertakings authorized herein. Such city and county may in connection therewith use any funds from any lawful source or from the proceeds of the issue and sale of bonds by such city or county for such purposes. Section 15. Same; trust indenture as security. In the discretion of the Authority, any issue of such revenue bonds
Page 3000
may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank within or without the State having the powers of a trust company. Such trust indenture may pledge or assign fees, tolls, charges, 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 therefor and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders 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 private 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 any trust indenture,
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provide for the payment of the proceeds of the sale of the bonds to any officer or person or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 17. Same; sinking fund. The revenues, fees, tolls, charges and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, 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 of 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 on 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, interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in any trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolutions authorizing the issuance of the bonds or in any trust indenture, surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 18. Same; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act
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or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia 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 issuance of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. Same; venue and jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Fayette County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21. Same; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority to furnish or receive the services and facilities of the projects or project for which
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the bonds are to be issued and such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any exist, 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 all other persons, including specifically, but without limitation 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 interests and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 23. Monies received considered trust funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as proceeds of short-term loans, as grants or other contributions, or as revenues, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. Purpose of the Authority. Without limiting the generality of any provisions of this Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating adequate water supply, treatment and distribution facilities; sewerage
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collection, treatment and distribution facilities; and recreational centers and areas, including but not limited to lakes, picnic areas, athletic fields, golf courses, docks, marinas, airports, parking facilities or parking areas in connection therewith, club houses, gymnasiums and related buildings and the usual and convenient facilities appertaining to such undertakings; making such facilities and the services thereof available to public and private consumers and users located in Peachtree City and its environs, including Peachtree City and Fayette County; extending and improving such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, to any persons, firms or corporations whether public or private; and, doing all things deemed by the Authority necessary, convenient and desirable for and incident to the efficient and proper development and operation of such type of undertakings. Section 25. Rates, charges and revenues; use. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls or charges, and to revise from time to time and collect such rates, fees, tolls or charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and in anticipation of the collection of the revenues 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 its lands and facilities, 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 or the sale of any of its land and facilities, and to secure any such bonds by mortgaging its lands and facilities in whole or in part. Section 26. Tax exempt status of Authority. The properties of the Authority, both real and personal, are declared to be public properties used for the benefit and welfare of
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the people of the State of Georgia, and not for purposes of private or corporate benefit and income, and such properties and the Authority shall be exempt from all taxes and special assessments of any city, county, or the State or any political subdivision thereof; provided, however, that the provisions of this Section shall not prohibit or inhibit the lease or use of Authority properties for private purposes which in the sole judgment of the Authority support the general purposes of the Authority. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority. Section 27. Rules and regulations for operation of projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act. Nothing in this Act shall be construed to be a grant to the Authority of any of the police or licensing powers of the State, municipality, or county within which the project or projects constructed under the provisions of this Act shall be located. Any project or projects constructed under the provisions of this Act, and the activities carried on by the Authority or by private persons under license, lease or other permit from the Authority, shall be subject to the police and licensing powers of the State, and of the municipality or county, or both, within which such project is located, on the same terms and conditions as any private person would be, subject only to the specific exceptions provided by this Act and by law. Section 28. Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 29. Liberal construction of Act. This Act being for the welfare of various political subdivisions of the State
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and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 30. Effect of partial invalidity of Act. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 31. Repealer. This Act does not in any way take from Fayette County, Peachtree City or any municipality located in Fayette County or in any adjoining county the authority to own, operate and maintain any of the systems or facilities mentioned herein or issue revenue bonds as is provided by the Revenue Bond Law of Georgia. All laws and parts of laws in conflict with this Act are hereby repealed. Section 32. Notice of intention to apply for enactment. Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation and declares that notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945. A copy of said notice, together with proof of publication, is hereto attached and made a part hereof. Georgia, Fayette County. Personally appeared before me, Jim Wood Publisher of The Fayette County News, a weekly newspaper in Peachtree City, Fayette County, Georgia; which said newspaper is the official organ of Fayette County, Georgia; Notice of Intention to Introduce Legislation, a copy of which is attached hereto, duly appeared in said newspaper on the following dates, to-wit: Jan. 3, 1973, Jan. 10, 1973, and Jan. 17, 1973. /s/ Jim Wood
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Sworn and subscribed before me this 18th day of January, 1973. /s/ Faye Lipford Notary Public. My Commission Expires May 29, 1976. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the Mayor and Council of Peachtree City, Georgia will apply for the passage and approval at the 1973 Session of the General Assembly of legislation as follows: An act to create a City Water, Sewer and Recreational Authority for Peachtree City, Georgia, and to define the powers and duties of such authority; to provide for the issuance and refunding of revenue bonds; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clayton Brown 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 Fayette County News which is the official organ of Fayette County, on the following dates: Jan. 3, 1973, Jan. 10, 1973 and Jan. 17, 1973. /s/ Clayton Brown Representative 67th District Sworn to and subscribed before me this 12th day of February, 1973. /s/ Amelia Smith Notary Public, Georgia State at Large. My Commission Expires Oct. 11, 1976. (Seal). Approved April 17, 1973.
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CITY OF CAMILLACHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 505 (House Bill No. 537). An Act to amend an Act creating a new charter for the City of Camilla in Mitchell County, approved March 27, 1972 (Ga. L. 1972, p. 2919), so as to change the provisions relative to 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 Camilla in Mitchell County, approved March 27, 1972 (Ga. L. 1972, p. 2919), is hereby amended by adding three new paragraphs to the end of Article I, section 1-2 of said Act to read as follows: Tract No. 5. All that tract or parcel of land lying and being in Lot 2 of the 11th District of Mitchell County, Georgia, and Lot 399 of the 10th District of said State and County, lying and being immediately adjacent to the existing city limits of the City of Camilla, and being more particularly described as follows: BEGIN at the northwest intersection of Old Newton Road and State Route No. 3, and run thence along the northern margin of Old Newton Road north 56 degrees 01 minute 20 seconds west 1584.48 feet to point; run thence north 1 degree 50 minutes west 400.88 feet to a point; run thence north 24 degrees 45 minutes 30 seconds east 38 feet to a point on the existing city limits of the City of Camilla, and with this last mentioned point as the point of beginning, run thence east along said city limits on an arc whose radius is one mile, a distance of 2270 feet, more or less, to the western margin of the right of way of said State Route No. 3; run thence along the western margin of said highway right of way in a northeasterly direction 754.75 feet to a point; run thence south 89 degrees 01 minute 30 seconds west 2259.63 feet to a point, and run thence south 24 degrees 45 minutes 30 seconds west 962.93 feet to said city limits and the point of beginning. Said tract being bounded as follows: On the north by lands of
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Mrs. Nell Stripling; on the south by Old Newton Road; on the east by Georgia State Route No. 3, and on the west by lands of cemetery, City of Camilla. This description according to plat and survey thereof by D. Conner Collins, Registered Land Surveyor, dated February 19, 1965. Tract No. 6. All that tract or parcel of land lying and being adjacent to the present corporate limits of the City of Camilla, Georgia, and being described as follows: Begin at a point where the present corporate limits of the City of Camilla intersects the center line of the right of way of State Route No. 37, also known as the Newton Highway, which point is 1208 feet north 58 degrees 00 minutes west of the center line intersection of said highway and the Baggs-Ferry Road, run thence in a northeasterly direction along the present city limits line which is an arc whose radius is one mile 650 feet, more or less, to a point, run thence north 58 degrees 16 minutes west 930 feet to a point which is the northwest corner of the Dunn Drive-in Theater lot, run thence south 32 degrees 00 minutes west 700 feet to a point on the southern margin of the right of way of said Newton Highway, run thence north 58 degrees 00 minutes west along the southern margin of said highway right of way 485 feet to a point which is the northwest corner of the Walker Gin lot, run thence south 32 degrees 00 minutes west 500 feet to the southwest corner of the said Walker Gin lot, run thence south 58 degrees 00 minutes east 1126.2 feet to a point, run thence south 10 degrees 21 minutes east 473 feet to a point on the southern margin of the Baggs-Ferry Road, run thence along the southern margin of said road north 88 degrees 21 minutes east 98 feet to a point which is the northwest corner of the Cameron Head Construction lot run thence south 14 degrees 54 minutes east 320 feet, more or less, to a point on the present city limits line, and run thence in a northerly direction along the said city limits line 1050 feet, more or less, to the point of beginning. This description according to plat and survey thereof by Joel J. Dean, Registered Land Surveyor, dated June 3rd, 1965. Tract No. 7. All that tract or parcel of land containing 1.0 acre in Land Lot 38 of the 11th Land District of Mitchell
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County, Georgia, described as beginning at the Southwest intersection of Baggs Ferry Road and Georgia Highway 37 and running thence North 59 degrees 00 minutes West along the Southern right of way of Georgia Highway 37 a distance of 2674.5 feet to the point of beginning of tract conveyed herein and continuing North 59 degrees 00 minutes West a distance of 208.7 feet along the Southern right of way of said Georgia Highway 37 to a point, thence running South 31 degrees 00 minutes West a distance of 208.7 feet to a point, thence running South 59 degrees 00 minutes East a distance of 208.7 feet to a point on Western right of way of property previously conveyed by grantors herein to City of Camilla; thence run North 31 degrees 00 minutes East a distance of 208.7 feet to the point of beginning of the 1.0 acre tract conveyed herein. The property conveyed herein is bounded on the North by right of way of Georgia Highway 37 on the South and West by other lands of Phelps Estate and on the East by 60 foot right of way conveyed by Phelps Estate to City of Camilla. The 1.0 acre tract conveyed herein is more particularly shown and delineated on plat of Larry W. Grogan, Mitchell County Surveyor, dated October 28, 1968, and recorded at Plat Book 6, page 172, in Office of Clerk of Superior Court of Mitchell County, Georgia, said plat and description thereof being by reference incorporated herein and made a part hereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Mitchell County. Personally appeared before me the undersigned officer authorized to administer oath, B. T. Burson, who after being duly sworn as provided by law, deposes and states that he is Publisher of the Camilla Enterprise, a newspaper of general circulation in said county and the newspaper in which the Sheriff's advertisements appear and designated as the official news organ of said County. Deponent states further that the following advertisement, to-wit:
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Camilla, approved March 27, 1972 (Ga. L. 1972 p. 2919) and for other purposes. This the 2nd day of January, 1973. Lewis B. Campbell Mayor City of Camilla, Georgia was published in said Camilla Enterprise once a week for three consecutive weeks beginning January 3, 1972. /s/ B. T. Burson Sworn to and subscribed before me this 19th day of January, 1973. /s/ Elaine Dowdy Notary Public. My Commission Expires August 30, 1975. (Seal). Approved April 17, 1973. CITY OF CAMILLACHARTER AMENDEDSTATE COURTMAXIMUM SALARY OF JUDGE AND SOLICITOR CHANGED. No. 506 (House Bill No. 538). An Act to amend an Act creating the City Court of Camilla (subsequently renamed the State Court of Mitchell County), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, particularly by an Act approved February 15, 1933 (Ga. L. 1933, p. 314), so as to change the maximum
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salary to be paid to the judge and solicitor 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 City Court of Camilla (subsequently renamed the State Court of Mitchell County), approved August 17, 1905 (Ga. L. 1905, p. 184), as amended, particularly by an Act approved February 15, 1933 (Ga. L. 1933, p. 314), is hereby amended by striking section 2 of said 1933 amendatory Act in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted by the authority aforesaid, that the salary of said judge and solicitor shall be fixed by the Board of Commissioners of Mitchell County or by any other authorities having charge of the management of the fiscal affairs of said county, now in existence or that may hereafter be created by law, said salary or salaries to be paid out of the county treasury upon warrants drawn by said governing authority as follows: (a) For judge of the State Court of Mitchell County a sum not less than one hundred dollars ($100.00) and not exceeding three hundred dollars ($300.00) per month, payable monthly. Judge. (b) For solicitor of the State Court of Mitchell County a sum of not less than one hundred dollars ($100.00) and not exceeding three hundred dollars ($300.00) per month, payable monthly. Solicitor. The salaries of said judge and solicitor shall be fixed at as early a date as practicable in the beginning of each year and for a period of one year from the date of fixing the same. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Georgia, Mitchell County. Personally appeared before me the undersigned officer authorized to administer oath, B. T. Burson, who after being duly sworn as provided by law, deposes and states that he is Publisher of the Camilla Enterprise, a newspaper of general circulation in said county and the newspaper in which the Sheriff's advertisements appear and designated as the official news organ of said County. Deponent states further that the following advertisement, to-wit: Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to amend the Act creating the City Court of Camilla, approved August 17, 1905, and all Acts amendatory thereof, and for other purposes. This the 2nd day of January, 1973. Marcus E. Collins Representative District 122, Post 2 General Assembly of Georgia was published in said Camilla Enterprise once a week for three consecutive weeks beginning January 3, 1973. /s/ B. T. Burson Sworn to and subscribed before me this 19th day of January, 1973. /s/ Elaine Dowdy Notary Public. My Commission Expires August 30, 1975. (Seal). Approved April 17, 1973.
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CITY OF DALTONCHARTER AMENDEDCOMPENSATION OF MAYOR AND COUNCIL CHANGED. No. 507 (House Bill No. 544). An Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, so as to change the compensation of the mayor and council; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that the Act described in caption hereof, as amended, be and the same is hereby further amended as follows: Section 1. From and after the passage of this Act and by ordinance duly adopted by the mayor and council of the City of Dalton, the mayor of the City of Dalton shall receive an annual salary not to exceed $2,400.00 payable in equal monthly installments from the funds of the City of Dalton. The councilmen of the City of Dalton shall receive an annual salary of $1,800.00 payable in equal monthly installments from the funds of the City of Dalton. Salaries. Section 2. This Act shall become effective January 1, 1974. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to amend an Act, incorporating The City of Dalton, approved February 24, 1874, (Ga. L. 1874, p. 181), as amended, so as to change the salaries of the Mayor and
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Councilmen thereof; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 4th day of December, 1972. Charles A. Bramlett Mayor The City of Dalton, Georgia Georgia, Whitfield County. Personally appeared before the undersigned an officer of said county and State duly authorized and empowered to administer oaths, George N. Clarke, who first being duly sworn on oath says that he is the editor and publisher of the Daily Citizen-News, an official organ of Whitfield County, Georgia, and that the herewith attached notice of intention to introduce local legislation appeared as paid legal advertising in three consecutive weekly issues of said newspaper; to wit: on December 15, 1972; on December 22, 1972; and on December 29, 1972. This 10th day of January, 1973. /s/ George N. Clarke Sworn to and subscribed before me, this 10th day of January, 1973. /s/ Louise B. Hackney Notary Public, Ga. State at Large. My Commission expires September 28, 1976. (Seal). Approved April 17, 1973. CITY OF DALTONCHARTER AMENDEDCOMPENSATION OF RECORDER CHANGED. No. 508 (House Bill No. 545). An Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton,
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approved February 24, 1874 (Ga. L. 1874, p. 181), as amended, so as to change the compensation of the recorder 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, and it is hereby enacted by authority of same, that the Act described in caption hereof, as amended, be and the same is hereby further amended as follows: Section 1. From and after the passage of this Act and by ordinance duly adopted by the mayor and council of the City of Dalton, the recorder shall receive an annual salary not to exceed $4,800.00 payable in equal monthly installments from the funds of the City of Dalton. Salary. Section 2. This Act shall become effective January 1, 1976. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia at the session which convenes in January, 1973, a bill to amend an Act, incorporating The City of Dalton, approved February 24, 1874, (Ga. L. 1874, p. 181), as amended by an Act, (Ga. L. 1911, p. 1092), to change the salary of the City Recorder of The City of Dalton; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 4th day of December, 1972. Charles A. Bramlett Mayor, The City of Dalton Georgia, Whitfield County. Personally appeared before the undersigned an officer of said county and State duly authorized and empowered to
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administer oaths, George N. Clarke, who first being duly sworn on oath says that he is the editor and publisher of the Daily Citizen-News, an official organ of Whitfield County, Georgia, and that the herewith attached notice of intention to introduce local legislation appeared as paid legal advertising in three consecutive weekly issues of said newspaper; to wit: on December 15, 1972; on December 22, 1972; and on December 29, 1972. This 10th day of January, 1973. /s/ George N. Clarke Sworn to and subscribed before me, this 10th day of January, 1973. /s/ Louise B. Hackney Notary Public, Ga. State at Large. My Commission Expires September 28, 1976. (Seal). Approved April 17, 1973. WHEELER COUNTYTAX COMMISSIONER AUTHORIZED TO EMPLOY CLERK, ETC. No. 509 (House Bill No. 563). An Act to amend an Act abolishing the office of tax collector and tax receiver of Wheeler County and creating the office of tax commissioner of Wheeler County, approved March 20, 1939 (Ga. L. 1939, p. 778), as amended by an Act approved February 8, 1951 (Ga. L. 1951, p. 2315), so as to provide that the tax commissioner of Wheeler County may employ a clerk or assistant and that the salary of such clerk or assistant shall be fixed by the tax commissioner of said county and paid from the county treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act abolishing the office of tax collector and tax receiver of Wheeler County and creating the office of tax commissioner of Wheeler County, approved March 20, 1939 (Ga. L. 1939, p. 778), as amended by an Act approved February 8, 1951 (Ga. L. 1951, p. 2315), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. (a) The Tax Commissioner of Wheeler County shall receive an annual salary of not less that $1500.00 nor more than $2100.00, as set by the County Commissioner, which shall be paid in equal monthly installments from the funds of Wheeler County. (b) The Tax Commissioner may, if he deems it necessary to the proper and efficient performance of the duties of his office, employ a clerk or assistant and fix the compensation of such clerk or assistant up to but not to exceed $200.00 per month. The compensation of said clerk or assistant shall be paid monthly from the funds of Wheeler County. Clerk. 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 1973 session of the General Assembly of Georgia, a bill to change the compensation of the Clerk of Tax Commissioner of Wheeler County, Georgia; to repeal conflicting laws and for other purposes. This 15th day of December, 1972. L. L. Pete Phillips Representative 103rd District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle which is the official organ of Wheeler County, on the following dates: January 5, 12, 19, 1973. /s/ L. L. Pete Phillips Representative, 103rd District Sworn to and subscribed before me, this 26th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TOOMBS COUNTYSTATE COURTSALARIES OF JUDGE AND SOLICITOR CHANGED. No. 510 (House Bill No. 564). An Act to amend an Act creating the State Court of Toombs County (formerly City Court of Lyons) approved August 27, 1931 (Ga. L. 1931, p. 343), as amended, so as to change the provisions relative to 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 Toombs County (formerly City Court of Lyons) approved August
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27, 1931 (Ga. L. 1931, p. 343), 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. Be it further enacted by the authority aforesaid that the Judge of the State Court of Toombs County shall receive a salary of $600.00 per month, and shall be paid out of the treasury of the County of Toombs, by the person or persons charged by law with the paying out of the money of Toombs County. In addition to said salary, said judge shall receive $50.00 per month for office expenses to be paid from the funds of Toombs County. The judge of said court shall as such receive no other compensation, but may practice law in any court except the State Court of Toombs County, and may hold office or offices except those he is expressly prohibited by law from holding. 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 the salary of the solicitor of said court shall be $500.00 per month, and shall be paid out of the treasury of the County of Toombs, by the person or persons charged by law with the paying out of the money of Toombs County. In addition to said salary, said solicitor shall receive $50.00 per month for office expenses to be paid from the funds of Toombs County. Said solicitor shall receive, for representing the State in the appellate court of this State, the same compensation paid by the State to district attorneys for like services. Said fee to be paid by the State in the same manner that same are paid to district attorneys. The solicitor of said court shall as such receive no other compensation, but may practice law in any court or courts and may hold any office or offices except those which he is expressly prohibited by law from holding. 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.
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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation I will introduce Legislation in the 1973 Session of General Assembly of Georgia and seek passage thereof a bill to correct errors that were made in the 1972 Session on the salaries of the Judge and Solicitor of the State Court of Toombs County. The Judge's Bill should have read $600.00 per month, instead of $600, per year. The Solicitor Bill should have read $500.00 per month instead of $500. per year. The Bill also allowed them $100.00 per month, each for office supplies. This should have been $50.00 for each, and will be changed to this amount. These corrections are being made with the approval of the Toombs County Board of Commissioners. Dewey Rush Representative, District 104 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 104th 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 Toombs County, on the following dates: January 11, 18, 25, 1973. /s/ Dewey Rush Representative, 104th District
Page 3022
Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TOOMBS COUNTY BOARD OF EDUCATIONELECTION PROVIDED, ETC. No. 511 (House Bill No. 565). An Act to provide for the election of the Board of Education of Toombs County; to provide that the Board of Education of Toombs County shall be composed of five members; to provide for education districts; to provide for qualifications, initial and regular terms of office, officers and compensation of members of the Board of Education; to provide a method for filling vacancies; 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. The Board of Education of Toombs County shall be composed of five members to be elected by the voters of the Toombs County School District as herein provided. For the purpose of electing the members of the Board of Education of Toombs County, the Toombs County School District is hereby divided into five education districts as follows: Members. Education District 1 shall consist of the territory lying within the Normantown G.M.D. No. 1715, the Lyons G. M. D. No. 1536 and the Blue Ridge G.M.D. No. 1192.
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Education District 2 shall consist of the territory lying within the Ohoopee G. M. D. No. 1770 and the New Branch G. M. D. No. 39. Education District 3 shall consist of the territory lying within the Marvin Yancey G. M. D. No. 1403 and the Harden Chapel G. M. D. No. 1521. Education District 4 shall consist of the territory lying within the Cedar Crossing G. M. D. No. 43 and the center G. M. D. No. 1823. Education District 5 shall consist of all the territory lying within the Toombs County School District. There shall be one member of the Board of Education residing within each of the five education districts, but candidates seeking election to the Board of Education shall be voted upon by the qualified voters of the entire Toombs County School District. Candidates shall not offer for election to the board from any district other than that district in which they are legal residents. Section 2. (a) The members of the Board of Education of Toombs County who were appointed by the Toombs County Grand Jury and members appointed by the Grand Jury to fill vacancies or terms expiring prior to January 1, 1974, shall continue in office until January 1, 1974, and until their successors are duly elected and qualified. (b) At a special election to be held on the second Tuesday in August, 1973, there shall be elected to the Board of Education one member from each of the five education districts described in Section 1. Members so elected shall take office on January 1, 1974, and shall serve for a term of office of three years and until their successors are duly elected and qualified. It shall be the duty of the Ordinary of Toombs County to issue the call for such special election not less than 30 days prior to the second Tuesday in August, 1973. It shall be the further duty of the Ordinary to hold and conduct such special election in accordance with the provisions of Code Title 34, the Georgia Election Code, as amended. Election.
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(c) Successors to the initial members of the board elected under the provisions of subsection (b) shall be elected at the November general election in 1976 and every four years thereafter and shall take office on the first day of January immediately following their election for a term of office of four years and until their respective successors are duly elected and qualified. Section 3. At the first meeting of the board in January of each year the board shall elect one of its members as chairman and such other officers as the board shall desire. Chairman. Section 4. The Chairman of the Board of Education of Toombs County shall receive $125.00 per month as compensation for his services on the board. The remaining members shall receive $100.00 per month as compensation for their services. Salary. 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 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. The Toombs County Board of Education created by this Act shall be the successor to all the rights, powers, duties and obligations of the appointed Toombs County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Vacancies. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation At the 1973 Session of the General Assembly of Georgia I will introduce Legislation and seek passage thereof requiring that the Board of Education of Toombs County to be elected by the qualified voters of the Toombs County School District. This is being done to comply with a Constitutional
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Amendment which was ratified by 8 out of 10 of the Militia Districts in the Toombs County School Area. The Bill that will be introduced will be exactly the same as was posted at each Voting Precinct and a public hearing held on prior to the November General Election. Dewey Rush Representative, District 104 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 104th 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 Toombs County, on the following dates: January 11, 18, 25, 1973. /s/ Dewey Rush Representative, 104th District Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF CHICKAMAUGACHARTER AMENDEDCORPORATE LIMITS CHANGED, ETC. No. 512 (House Bill No. 572). An Act to amend an Act incorporating the City of Chickamauga, in the County of Walker, approved August 11,
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1913 (Ga. L. 1913, p. 665), as amended, particularly by an Act approved August 3, 1925 (Ga. L. 1925, p. 963), so as to change the corporate limits of the City of Chickamauga; to provide that the mayor and council may appoint a judge of the city court and provide for the qualifications and compensation of said judge; to provide an effective date; to provide for other 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 City of Chickamauga, in the County of Walker, approved August 11, 1913 (Ga. L. 1913, p. 665), as amended, particularly by an Act approved August 3, 1925 (Ga. L. 1925, p. 963), is hereby amended by inserting, following Section 2, a new Section, to be designated section 2A, to read as follows: Section 2A. In addition to that territory and area included within the corporate limits of the City of Chickamauga under other Sections and provisions of this Act, the corporate limits of the City of Chickamauga shall include the following described property, to wit: ALL that tract of land lying and being in Land Lots Nos. 261 and 262 in the 9th District and 4th Section of Walker County, Georgia, and being more particularly described as follows: BEGINNING at northeast corner of the intersection of Crittenden Road and Lee and Gordon Mill Road and extending eastwardly along the northern right of way line of Lee and Gordon Mill Road to the northeast corner of the Georgia Power Company property (if extended fifty feet northwardly across Lee and Gordon Mill Road), thence South to the southeast corner of the Georgia Power Company property, thence west to the southwest corner of Georgia Power Company property; thence along the center line of the Georgia Power Company easement south 1 degree, 40 minutes east for a distance of 246 feet; thence south 56 degrees and 30 minutes East, 170 feet to a point; thence from the northeast corner of the Dan River Mills property South 33 degrees West a distance of 672 feet to a point; thence South
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20 degrees West a distance of 983 feet to a point which is the Southeast corner of the Bowen property; thence North 88 degrees 40 minutes West a distance of 907 feet to east right of way line of Crittenden Avenue; thence Southwardly along the East line of Crittenden Avenue a distance of 512 feet more or less to the North line of the present City Limits; thence westwardly across Crittenden Avenue along the present City Limits to the center line of the Central of Georgia right of way property which is the east line of the present City Limits; thence northeastwardly along the center line of the Central of Georgia property and the east line of the present City Limits to the north right of way line of Five Point Road; thence westwardly along the north right of way of Five Point Road crossing intersection to the POINT OF BEGINNING. Section 2. Said Act is further amended by adding, following section 5, a new Section to be designated section 5A, to read as follows: Section 5A. The provisions of section 5 to the contrary notwithstanding, the mayor and council of the city shall have the power to appoint a person to serve as judge of the mayor's court and perform the judicial duties of the mayor as specified in this Act. The mayor and council are further authorized to establish qualifications of the appointed judge of the mayor's court and to fix his compensation. Any person appointed as judge shall serve at the pleasure of the mayor and council. The provisions of this Section shall not be construed so as to require the appointment of a judge by the mayor and council but shall merely authorize the mayor and council to appoint a judge, if, acting in their discretion, the mayor and council determine that the appointment of a judge would be in the best interest of the city. Judge. Section 3. This Act shall become effective on September 1, 1973. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1973 Session of the General Assembly of Georgia a bill amending the Charter of the City of Chickamauga so as to provide: (1) That the Mayor and Council may appoint a Judge of the City Court and provide for the qualifications and the compensations for said Judge. (2) That the following described property will be annexed to the present City Limits of the City of Chickamauga, said property being described as follows, to wit: ALL that tract of land lying and being in Land Lots Nos. 261 and 262 in the 9th District and 4th Section of Walker County, Georgia, and being more particularly described as follows: Beginning at the northeast corner of the intersection of Crittenden Road and Lee and Gordon Mill Road and extending eastwardly along the northern right of way line of Lee and Gordon Mill Road to the northeast corner of the Georgia Power Company property (if extended fifty feet northwardly across Lee and Gordon Mill Road), thence South to the southeast corner of the Georgia Power Company property, thence west to the southwest corner of Georgia Power Company property; thence along the center line of the Georgia Power Company easement south 1 degree, 40[prime] minutes east for a distance of 246 feet; thence south 56 degrees and 30[prime] minutes East, 170 feet to a point; thence from the northeast corner of the Dan River Mills property South 33 degrees West a distance of 672 feet to a point; thence South 20 degrees West a distance of 983 feet to a point which is the Southeast corner of the Bowen property; thence North 88 degrees 40 minutes West a distance of 907 feet to east right of way line of Crittenden Avenue; thence Southwardly along the East line of Crittenden Avenue a distance of 512 feet more or less to the North line of the present City Limits; thence westwardly across Crittenden Avenue along the present City Limits to the center line of the Central of Georgia right of way property which is the east line of the present City Limits; thence northeastwardly along the center
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line of the Central of Georgia property and the east line of the present City Limits to the north right of way line of Five Point Road; thence westwardly along the north right of way of Five Point Road crossing intersection to the Point Of Beginning. (3) To repeal conflicting laws and for other purposes. This 29th day of December, 1972. Wayne Snow, Jr. City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 3, 10, 17, 1973. /s/ Wayne Snow, Jr. Representative, 1st District. Sworn to and subscribed before me, this 8th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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WALKER COUNTYSTATE COURTCOMPENSATION OF JUDGE AND SOLICITOR CHANGED, ETC. No. 513 (House Bill No. 573). An Act to amend an Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 2536), an Act approved March 9, 1959 (Ga. L. 1959, p. 2254), an Act approved March 24, 1965 (Ga. L. 1965, p. 2604), an Act approved April 6, 1967 (Ga. L. 1967, p. 2720), an Act approved April 6, 1967 (Ga. L. 1967, p. 2963), an Act approved March 28, 1969 (Ga. L. 1969, p. 2423), an Act approved March 28, 1969 (Ga. L. 1969, p. 2425), and an Act approved March 24, 1970 (Ga. L. 1970, p. 679), so as to change the compensation and the expense allowances 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 Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended by an Act approved March 17, 1958 (Ga. L. 1958, p. 2536), an Act approved March 9, 1959 (Ga. L. 1959, p. 2254), an Act approved March 24, 1965 (Ga. L. 1965, p. 2604), an Act approved April 6, 1967 (Ga. L. 1967, p. 2720), an Act approved April 6, 1967 (Ga. L. 1967, p. 2963), an Act approved March 28, 1969 (Ga. L. 1969, p. 2423), an Act approved March 28, 1969 (Ga. L. 1969, p. 2425) and an Act approved March 24, 1970 (Ga. L. 1970, p. 679), 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. There shall be a judge of said state court, who shall be elected by the qualified voters of said County of Walker, who shall hold his office for a term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same until the next general election, when the judge shall be elected to fill the unexpired term, which election shall be held under the same
Page 3031
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 state court shall receive a salary of $11,000.00 per annum and an expense allowance of $900.00 per annum, and which shall be paid monthly from the treasury of the County of Walker, and it shall be the duty of the Commissioner of Roads and Revenue of said county, or other proper officers, to make provisions annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. Judge. Section 2. Said Act is further amended by striking section 5 (a) in its entirety and substituting in lieu thereof, a new section 5 (a), to read as follows: Section 5 (a). Said solicitor shall receive a salary for his services in the amount of $10,100.00 per annum payable in equal monthly installments from the funds of Walker County. In addition to said salary, the solicitor shall be entitled to receive $1,800.00 per annum as an expense allowance. Said expense allowance shall be payable quarterly from the funds of Walker County. Said solicitor shall receive no other compensation but may practice law in any court except the State Court of Walker County. 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 Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular January 1973 Session of the General Assembly of Georgia an Act to amend an Act creating the City Court of Walker County, now State Court of Walker County, so
Page 3032
as to change and increase the salary of the Judge of said Court and for other purposes. This 31st day of December, 1972. George W. Adams Judge State Court Walker County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 3, 10, 17, 1973. /s/ Wayne Snow Representative 1st District Sworn to and subscribed before me this 8th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular January 1973 Session of the General Assembly of Georgia an Act to amend an Act creating the City Court of Walker County, now State Court of Walker County, so
Page 3033
as to change and increase the salary of the Solicitor of said Court, and for other purposes. This 31st day of December, 1972. William M. Campbell Solicitor State Court, Walker County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st. District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 10, 17, 24, 1973. /s/ Wayne Snow, Jr. Representative 1st District Sworn to and subscribed before me this 8th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF ROSSVILLECHARTER AMENDEDNUMBER OF COUNCILMEN CHANGED. No. 515 (House Bill No. 590). An Act to amend an Act incorporating the City of Rossville, Georgia, approved August 24, 1905 (Ga. L. 1905, p. 1114),
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as amended, particularly by an Act approved August 10, 1910 (Ga. L. 1910, p. 1084), an Act approved August 14, 1931 (Ga. L. 1931, p. 942), and an Act approved March 6, 1962 (Ga. L. 1962, p. 3156), so as to change the number of councilmen; to provide for the appointment of the city clerk, treasurer and tax collector; to provide for qualifications of the city clerk, treasurer and tax collector; to change the method of election of councilmen; to provide that the mayor shall have a vote on the city council; to provide for other 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 incorporating the City of Rossville, Georgia, approved August 24, 1905 (Ga. L. 1905, p. 1114), as amended, particularly by an Act approved August 10, 1910 (Ga. L. 1910, p. 1084), an Act approved August 14, 1931 (Ga. L. 1931, p. 942), and an Act approved March 6, 1962 (Ga. L. 1962, p. 3156), is hereby amended by adding, following section 4, a new section, to be designated section 4A, to read as follows: Section 4A. Any other provision of this Act to the contrary notwithstanding, on the first Saturday in December, 1974, and each and every four years thereafter, on the same day, an election shall be held in said city for a mayor and four councilmen. Said mayor and councilmen so elected shall hold their offices for four years each and until their successors are duly elected and qualified. No person shall be eligible to the offices of mayor and councilman who has not been a bona fide resident of said city for 12 months, qualified to vote and owning real estate within the limits of said city. Councilmen shall be elected by the voters of the entire city and may reside anywhere within the city. Councilmen. Section 2. Said Act is further amended by adding, following section 4A, a new section, to be designated section 4B, to read as follows: Section 4B. Notwithstanding any other provision of this
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Act to the contrary, the mayor and councilmen shall appoint a person to serve as city clerk, treasurer and tax collector. Any person so appointed shall be at least 21 years of age at the time of his appointment, and shall be a resident of the City of Rossville upon his appointment. Any person so appointed shall serve at the pleasure of the mayor and council. The mayor and council shall have the authority to appoint a person to fill any vacancy existing or created in the office of city clerk, treasurer and tax collector. Officers. Section 3. Said Act is further amended by adding, following section 8, a new section, to be designated section 8A, to read as follows: Section 8A. Notwithstanding any other provision of this Act to the contrary, the mayor shall have a vote on all matters or issues before the city council, to the same extent as if the mayor was a member of the council. Mayor, voting. Section 4. Said Act is further amended by striking the provisions contained in section 6 of the amendatory Act, approved August 27, 1931 (Ga. L. 1931, p. 942), which read as follows: One councilman shall be elected from each ward; and if two or more in any ward are voted for in the city election, the one receiving the largest number of votes shall be declared elected councilman from that ward; provided, however, that all the voters of said city shall vote for councilman from each ward. In other words, one councilman shall be elected from each ward and shall be a resident of the ward from which he is elected, but all of the voters of the city shall vote for the councilman from the respective wards. 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.
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Notice to Introduce Legislation. Notice is hereby given that there will be introduced at the 1973 session of the General Assembly of the State of Georgia a bill to amend the charter and provide that the Office of City Clerk and City Tax Collector of the City of Rossville, Georgia, will become an appointed office by City Council in lieu of being elected by popular vote and to amend the charter to do away with election of Councilmen-at-large by wards and electing four Councilmen-at-large and to amend said charter to provide that the Mayor shall have a vote on said Council and for other purposes. This 15th day of January, 1973. Wayne Snow, Jr. Rep., District 1, Post 3, Walker County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr. who, on oath, deposes and says that he is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger which is the official organ of Walker County, on the following dates: January 17, 24, 31, 1973. /s/ Wayne Snow, Jr. Representative 1st District Sworn to and subscribed before me this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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FLOYD COUNTYMEDICAL EXAMINEROFFICE CREATED, ETC. No. 516 (House Bill No. 595). An Act to abolish the office of coroner of Floyd County; to create the office of medical examiner of Floyd County; to prescribe the eligibility requirements for medical examiner of Floyd County; to provide for the selection of medical examiner of Floyd County and his term of office; to provide for the compensation and expenses of the medical examiner of Floyd County; to provide for the functions, powers and duties of the office of medical examiner of Floyd County; to provide that this Act shall be effective only under certain circumstances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The office of coroner of Floyd County is hereby abolished, effective January 1, 1975. Section 2. There is hereby created the office of medical examiner of Floyd County. To be eligible to be medical examiner of Floyd County, a person must have the following qualifications: Medical Examiner. (a) He must have a Doctor of Medicine Degree and be licensed to practice medicine under the provisions of Chapter 84-9 of the Annotated Code of Georgia. (b) He shall have had at least three years of active practice in pathology. (c) He shall have had at least one year of medico-legal training, or one year of active experience in a scientific field in which legal or judicial procedures are involved at the county, state or federal level. Section 3. The medical examiner of Floyd County shall be selected by the Board of Commissioners of Floyd County and shall serve at the pleasure of said Board of Commissioners.
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The first medical examiner of Floyd County selected under this Act shall take office January 1, 1975. The medical examiner of Floyd County shall be compensated in such amount as shall be determined by said Board of Commissioners of Floyd County: All expenses of the office of medical examiner shall be paid by Floyd County. Selection. Section 4. All of the functions of, and all of the powers, rights and duties of and heretofore exercised by the coroner of Floyd County with reference to post-mortem examinations and inquests shall be performed by and exercised by the medical examiner of Floyd County; provided, however, that said medical examiner shall have no authority to summon and panel a jury to hold inquests. Duties. Section 5. The medical examiner of Floyd County shall be authorized to perform all of the functions prescribed for a coroner under the provisions of the Georgia Post-Mortem Examination Act, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 602), as amended, except that Sections 13, 14, 15, 16 and 17 of said Act shall be inapplicable. Same. Section 6. Chapter 21-9 of the Code of Georgia shall have no application to the medical examiner of Floyd County. Section 7. This Act shall be effective only in the event that there shall be approved at the general election held in 1974 an amendment to Article XI, Section I, Paragraph VI of the Constitution so as to authorize the General Assembly to abolish the office of coroner of Floyd County and create the office of medical examiner of Floyd County. 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 1973 session of the General Assembly of Georgia a bill to create the office of medical examiner and prescribe the duties thereof and qualifications therefor, the same to become effective upon passage of necessary legislation,
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abolishing the office of coroner in Floyd County. This 4th day of January, 1973. 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 14th 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 11, 18, 25, 1973. /s/ John Adams Representative 14th District Sworn to and subscribed before this 29th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. LONG COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 518 (House Bill No. 616). An Act to amend an Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, approved February 28, 1963 (Ga. L. 1963, p. 2021), as amended, particulary by an Act approved March 1, 1968 (Ga. L. 1968, p. 2101), so as to change the compensation provisions relating to the sheriff of Long County; to change the compensation of the deputy sheriffs; to authorize the sheriff to hire additional deputies for emergency
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purposes and to provide for their compensation; to change the provisions relating to automobile expenses; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Long County on an annual salary in lieu of the fee system of compensation, approved February 28, 1963 (Ga. L. 1963, p. 2021), as amended, particularly by an Act approved March 1, 1968 (Ga. L. 1968, p. 2101), is hereby amended by striking the third paragraph of Section 1 in its entirety and inserting in lieu thereof a new third paragraph, to read as follows: The sheriff of Long County shall have the authority to appoint three deputies. The salary of each deputy shall be not less than five hundred ($500.00) dollars per month and not more than five hundred and fifty ($550.00) dollars per month. The salary shall be fixed within these limits by the sheriff with the approval of the governing authority of Long County. The sheriff shall also be authorized to hire additional deputies for emergency purposes only, and the compensation of such deputies shall be determined by the governing authority of Long County and shall be paid from the funds of Long County. Salary. Section 2. Said Act is further amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2, to read as follows: Section 2. The sheriff or his deputies may furnish their own automobiles for the performance of the duties of the sheriff's office and shall be compensated by the governing authority of Long County at the rate of ten (10) cents per mile for all miles traveled within and without said county while using their automobiles in the performance of their official duties. The sheriff shall receive no other compensation for automobile expenses. If the sheriff does not desire to furnish or have his deputies furnish their own automobiles, the sheriff and his deputies shall be relieved of
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this duty upon the sheriff notifying the governing authority of Long County at least 30 days in advance. Automobiles. In addition to receiving the salary provided in section 1, the sheriff shall receive an expense allowance of three thousand six hundred ($3,600.00) dollars per annum to be paid in equal monthly installments from the funds of Long County. This expense allowance shall cover the additional expenses incurred by the sheriff while in the performance of his official duties. Expenses. 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 become law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation to Comply with the Resolution Unanimously Adopted by the Long County Board of Commissioners. We will introduce legislation and seek passage thereof in the 1973 Session of the General Assembly of Georgia, a bill that will leave the Sheriff at his present salary and his expense account the same, $3,600.00 per annum. The Sheriff of Long County shall be authorized to retain three (3) deputies which shall receive not less than $500.00 per month and not more than $550.00 each month. All this to be paid in equal monthly payments from the funds of Long County. The Sheriff and his deputies may furnish their own cars and be paid 10 cents per mile from the funds of Long County. If the Sheriff's Department does not desire to furnish their own cars they may be relieved of this duty by notifying the governing authority of Long County at least 30 days in advance.
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The Sheriff of Long County is authorized to hire additional deputies for emergency purposes only and the compensation shall be set and paid by the governing authority of Long County. Dewey Rush Representative 104th District 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 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: January 25, February 1, 8, 1973. /s/ Dewey D. Rush Representative 104th District Sworn to and subscribed before me this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. AUGUSTARICHMOND COUNTY COLISEUM AUTHORITY ACT. No. 519 (House Bill No. 620). An Act to create the Augusta-Richmond County Coliseum Authority and to authorize such Authority to acquire,
Page 3043
construct, equip, maintain and operate a coliseum facility and the usual facilities related thereto, parking facilities and areas in connection therewith, recreation centers and areas, including but not limited to, gymnasium facilities to be used for athletic, agricultural, cultural and for other purposes, and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities; to acquire the necessary property therefor, both real and personal, and to lease, sell or operate any or all of 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 terms of office and compensation; to authorize the Authority to contract with others pertaining to the use of its facilities and to execute leases of such facilities and to convey title to real property in fee simple of the Authority and to do all things deemed necessary or convenient for the operation of such undertakings; 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 contracts, leases, concessions and income from conveyances of real and personal property of the Authority, to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations and to authorize the execution of resolutions and security instruments to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to make the bonds or obligations of the Authority and the interest thereon exempt from taxation; to authorize the issuance of refunding bonds or obligations; to provide that the properties of the Authority shall be exempt from taxation; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as provided by law; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with the provisions of this Act; and for other purposes.
Page 3044
Be it enacted by the General Assembly of Georgia: Section 1. Short Title This may be cited as the Augusta-Richmond County Coliseum Authority Act. Section 2. Augusta-Richmond County Coliseum Authority There is hereby created a body corporate and politic to be known as the Augusta-Richmond County Coliseum Authority, and 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 ten (10) members, to be appointed by the City Council of Augusta and the Board of Commissioners of Richmond County, Georgia, for terms as follows: two (2) members shall be appointed for terms of one (1) year; two (2) members shall be appointed for terms of two (2) years; two (2) members shall be appointed for terms of three (3) years; two (2) members shall be appointed for terms of four (4) years; and two (2) members shall be appointed for terms of five (5) years; and thereafter, upon the expiration of such terms, successors shall be appointed for a term of five (5) years. The Board of Commissioners of Richmond County, Georgia, shall appoint five (5) members of the Authority whose initial appointment shall be for terms of one (1) year, two (2) years, three (3) years, four (4) years, and five (5) years, respectively, and their successors; and the remaining five (5) members and their successors shall be appointed by the City Council of Augusta. Two (2) of the five (5) appointed from both governing authorities shall be elected officials. All members of the Authority shall be residents of the area governed by the governing body which shall appoint them. 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
Page 3045
shall serve for a period of one (1) year and until their successors are appointed and qualified. Six (6) members of the Authority shall constitute a quorum. In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the governing body which appointed such member shall appoint a person meeting the qualifications above set out for membership to serve the remainder of the term of such member. No vacancy on the Authority shall impair the right of the quorum to exercise all their rights and to 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 3. Definitions As used in this Act, the following words or terms shall have the following meanings: (a) The word Authority shall mean the Augusta-Richmond County Coliseum Authority created by this Act. (b) The word Project shall be deemed to mean a multiuse coliseum type facility to be used for athletic contests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other public entertainments; together with parking facilities or parking areas in connection therewith, related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities. (c) The term Cost of the Project shall embrace the cost
Page 3046
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 (1) 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, or 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 term Revenue Bonds, Bonds and Obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Laws of Georgia (Ga. L. 1957, p. 36), amending the law formerly known as the Revenue Certificate Law of 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 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 and all properties used, leased and sold in connection therewith will be sufficient 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 4. Powers The Authority shall have powers: (a) To have a seal and alter the same at its pleasure; (b) to accept gifts, grants and donations; (c) 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;
Page 3047
(d) 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 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, 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; (e) To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (f) 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
Page 3048
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 services and facilities by the Authority to such municipal corporations and counties for a term not exceeding fifty (50) years; (g) 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; (h) 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 agency or instrumentality may require; (i) 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; (j) To establish charges, rates and regulations for users of the facilities and services of the Authority; (k) 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 to provide by resolution for the issuance of negotiable revenue bonds of the Authority, for the purpose of
Page 3049
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 per annum, payable at such time or times not exceeding 40 years from their date or dates, or at such times exceeding 40 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 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 bonds. Section 6. Same; Form; Denominations; Registration; Place of Payment The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine. Provisions may be made for the 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 attested by the Secretary of the Authority and any coupons attached thereto shall bear the 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
Page 3050
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 laws of this State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Section 9. Same; Sale; Price The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Section 10. Same; Proceeds of bonds The proceeds of such bonds shall be used solely for the payment of the cost of the project or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, additional bonds may in like manner be issued, to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the trust indenture, shall be deemed to be of the same, and shall be entitled to payment from the same fund, without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the funds, 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
Page 3051
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 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 of the State of Georgia, County of Richmond or the City of Augusta or a pledge of the faith and credit of said State, County, or City, 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 State, County or City 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
Page 3052
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 therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other 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 also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders as is 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.
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Section 17. Same; 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, 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, for 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 payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking funds shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit 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,
Page 3054
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 issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. Same; Exemption from Taxation; Covenant of State It is hereby found, determined and declared that the Creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this State covenants with the holders of the bonds that the Authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervisions or upon its activities in the operation or maintenance of the projects erected by it or any fees, tolls or other charges for the use of such projects or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority.
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Section 21. 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 Richmond 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 22. Same; Validation Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, 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 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 contracting with the said Augusta-Richmond County Coliseum Authority. Section 23. Same; Interest of Bondholders Protected While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees, or agents, shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority, will be created which will compete with the authority to such an extent as to affect adversely the rights and interests of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of
Page 3056
any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 24. Purpose of the Authority Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating a multiuse coliseum type facility for athletic contests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other entertainments, and parking facilities and parking areas in connection therewith; for acquiring, constructing, equipping, maintaining and operating recreational centers and areas, including but not limited to gymnasium and athletic facilities, parking facilities or areas in connection therewith and related buildings and the usual and convenient facilities appertaining to such undertakings; the extension and improvement of such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient and desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 25. Rates, Charges and Revenues; Use The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and, in anticipation of the collection of the revenues and income of such undertakings or projects, is authorized to issue revenue bonds as herein provided to finance, in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings
Page 3057
or projects, including the revenues of improvements, betterments or extensions thereto, thereafter made or the sale of any of its lands and facilities. Section 26. 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. Section 27. Tort Immunity The Authority shall have the same immunity and exemption from liability for torts and negligence as Richmond County and the City of Augusta; and the officers, agents and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of Richmond County and the City of Augusta when in the performance of their public duties or work. Section 28. Powers Declared Supplemental and Additional The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers not existing. Section 29. Liberal Construction of Act This Act being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof. Section 30. Severability In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part
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or parts hereof would be declared or adjudged invalid or unconstitutional. Section 31. Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 32. Repealer 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 1973 session of the General Assembly of Georgia a bill to create the Augusta-Richmond County Coliseum Authority; to provide the powers and duties of such Authority; to provide methods of financing authorized undertakings by the issuance of revenue bonds and otherwise; to authorize the Authority: to own, operate, maintain, sell and lease property and facilities, to contract, to sue and be sued, to borrow money and pledge its assets; to collect and disburse money; to own and operate recreational facilities and to do all things necessary or incident thereto; to have all the rights and privileges of corporations generally and to be a body politic; and for other purposes. This 18th day of December, 1972. A. J. Connell State Representative Georgia, Richmond County. Personally appeared W. S. Morris, III, who being duly sworn, says that he is the President 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 which the annexed is a true copy, was published in said paper on the 29th day of December, 1972, 5th day of January and 12th day of January, 1973. /s/ W. S. Morris, III
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Sworn to and subscribed before me, this 17th day of January, 1973. /s/ S. Arlynene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires Feb. 13, 1973. (Seal). Approved April 17, 1973. AUGUSTA-RICHMOND COUNTY BOARD OF TAX ASSESSORSMEMBERS COMPENSATION CHANGED. No. 520 (House Bill No. 621). An Act to amend an Act creating the Augusta-Richmond County Board of Tax Assessors, approved April 9, 1969 (Ga. L. 1969, p. 2514), 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 Augusta-Richmond County Board of Tax Assessors, approved April 9, 1969 (Ga. L. 1969, p. 2514), is hereby amended by striking from section 4 the following: $100 and substituting in lieu thereof the following: $150, so that when so amended, section 4 shall read as follows: Section 4. Each member of the Board shall be at least 21 years of age, and shall give such time to the duties of his office as may be required, shall hold no other remunerative public office during the term to which he is elected
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and shall receive $150 per month compensation, which shall be paid by the authority electing the member. No member of the Board shall also be an employee of the Board or receive any compensation for any tax assessing function performed by or for the Board, except as herein provided. Salary. Section 2. The provisions of this Act shall apply to the compensation received by such members since January 1, 1972, and to all such compensation received after the effective date of this Act. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced at the 1973 Session of the General Assembly of Georgia to amend the Act (Ga. L. 1969, pp. 2514 Et. Seq.) which was to carry into effect an amendment to the Constitution, as found in Ga. L. 1956, pp. 453 Et. Seq., consolidating and combining the Boards of Tax Assessors of Richmond County and the City Council of Augusta; so as to provide for the compensation of the Augusta-Richmond County Board of Tax Assessors; and for other purposes. This 4th day of January, 1973. A. J. Connell State Representative Georgia, Richmond County. Personally appeared, W. S. Morris, III, who being duly sworn says that he is President of the Southeastern Newspapers Corporation, and is such publisher of the Augusta Herald, a daily newspaper in Augusta, in said State and County, being the newspaper where Sheriff's advertisements are published and that the advertisement, Notice of Intention to Apply for Local Legislation hereto attached
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duly appeared in said newspaper on the following dates, to-wit: January 17, 24, 31, 1973. /s/ W. S. Morris, III President and Publisher The Augusta Herald Approved April 17, 1973. MUNICIPAL COURT OF COLUMBUS DEEMED A STATE COURT FOR CERTAIN PURPOSES. No. 521 (House Bill No. 623). An Act to amend an Act abolishing justice courts and the offices 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, so as to provide that the Municipal Court of Columbus shall be deemed a State Court for the purpose of defraying part of the cost of establishing and maintaining a County Law Library; 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 offices 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, is hereby amended by adding a new section, immediately following section 37, to be designated section 37A, to read as follows: Section 37A. The Municipal Court of Columbus is hereby deemed to be a State Court for the purpose of defraying part of the cost of establishing and maintaining a County Law Library pursuant to the provisions of an Act authorizing
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counties in this State to establish and maintain a law library for the use of the judges, solicitors, ordinaries and other officers of the courts of said counties, approved March 19, 1971 (Ga. L. 1971, p. 180), as now or hereafter amended. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act abolishing justice courts and the offices 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, so as to provide that the Municipal Court of Columbus shall be deemed a State Court for the purpose of defraying part of the cost of establishing and maintaining a County Law Library; and for other purposes. This 5th day of January, 1973. Lee R. Grogan President, Columbus Lawyers Club Georgia, Muscogee County. Personally appeared before me, the undersigned attesting officer, authorized by law to administer oaths, Maynard R. Ashworth, who, after first being duly sworn, on oath, deposes and says that he is the publisher of the Columbus Ledger, a newspaper published in said County, in which the advertisements of the Sheriff of said County are published, and that the attached notice of intention to introduce local legislation has been published in the Columbus Ledger on the following dates, to-wit: January 11, 1973, January 18, 1973, and January 25, 1973. /s/ Maynard R. Ashworth
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Sworn to and subscribed before me, this 2nd day of February, 1973. /s/ Thomas Milton Jones Notary Public, Muscogee County, Georgia. My commission expires July 15, 1975. (Seal). Approved April 17, 1973. CITY OF ASHBURNCHARTER AMENDEDMAJORITY VOTE REQUIRED FOR ELECTION. No. 522 (House Bill No. 628). An Act to amend an Act providing a new charter for the City of Ashburn, approved April 23, 1969 (Ga. L. 1969, p. 3135), as amended, so as to require candidates to receive a majority of the votes cast to fill the nomination or office in order to be nominated or elected to such office; 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 Ashburn, approved April 23, 1969 (Ga. L. 1969, p. 3135), as amended, is hereby amended by striking in its entirety section 8-9 and substituting a new section 8-9 to read as follows: Section 8-9. In order to be nominated or elected, a candidate in any municipal primary or election must receive a majority of the votes cast to fill such nomination or office. In the event no candidate receives a majority of such votes, a runoff primary or election shall be held in accordance with the provisions of Code section 34A-1407. Vote. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. There will be introduced at and in the 1973 session of the General Assembly of the State of Georgia, a bill to amend the official charter of the City of Ashburn as granted by the Act of the Georgia State Legislature on April 23, 1969, denominated City of Ashburn-New Charter as amended so as to provide that all candidates for office in city elections must receive a majority of the votes cast to be elected and to provide for a run-off election when no candidates receives a majority; to provide the effective date thereof to repeal conflicting laws, and for other purposes. This the 15th day of January, 1973. Ben A. Williams Mayor, City of Ashburn 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 115th 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: January 18, 25, February 1, 1973. /s/ A. B. C. Dorminy Representative, 115th District Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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TOWN OF FORT OGLETHORPETERM OF OFFICE OF TOWN MARSHAL CHANGED, ETC. No. 523 (House Bill No. 629). An Act to amend an Act incorporating the Town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, so as to change the term of office of the town marshal; to provide for the appointment of a judge of the mayor's court; to change the maximum fine which may be levied and imposed by the mayor's court; to change the maximum amount of city property taxation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Said Act is further amended by striking from section 21 the following: Be it further enacted that the Mayor and Aldermen of said town annually at their first meeting in January, or as soon thereafter as practicable, shall elect a Marshal of said town who shall be chief of police until his successor is elected and qualified. His term of office shall be for one (1) year, and inserting in lieu thereof the following: The Mayor and Aldermen of said town at their first meeting in January, 1974, and biennially thereafter, or as soon thereafter as practicable, shall elect a Marshal of said town, who shall be chief of police until his successor is elected and qualified. His term of office shall be for two (2) years, so that when so amended, section 21 shall read as follows: Section 21. Marshal. The Mayor and Aldermen of said town at their first meeting in January, 1974, and biennially thereafter, or as soon thereafter as practicable, shall elect a Marshal of said town, who shall be chief of police until his successor is elected and qualified. His term of office shall be for two (2) years; he may be required to give such bond with sufficient sureties to be approved by the Mayor and
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Board of Aldermen as they may prescribe; he may be removed from office by the board at any time for inefficient services, neglect of duties or other reasonable cause in their discretion. Said board may appoint deputy marshals, and the Marshal and his deputies shall arrest any person who violates any of the penal ordinances, by laws, rules or regulations of said town and place such persons in the jail of said town or in the common jail of the County of Catoosa, subject to trial of the Mayor's Court or any committing officer of this State; they shall execute and enforce the ordinances, bylaws, rules and regulations of said town as may be directed therein; they shall levy and execute all processes issued from the Mayor's Court and all executions for municipal taxes, and shall advertise for sale and sell all property levied upon thereunder in the same manner as the sheriff is required to advertise and sell property levied upon under executions for State and county taxes, except that in cases of personal property the notice and sale shall be at the city hall in the Town of Fort Oglethorpe; shall have charge of the working of the streets and of road hands and work gangs, and shall perform all duties imposed upon them by the court. The Marshal shall collect all fees imposed by the Mayor's Court and all street taxes, and shall perform all other services as may be required of him by the board; the salary of the Marshal shall be fixed annually by the Mayor and Aldermen. Section 2. Said Act is further amended by striking from subsection (a) of section 23 the following: the Mayor shall preside over said court and perform the duties thereof; and in case of absence or disqualification of the Mayor, or whenever he so requests, said court shall be presided over by the Mayor pro tem.: and in the absence or disqualification of both the Mayor and Mayor pro tem. any Alderman may preside over and hold said court., and inserting in lieu thereof the following: the Mayor and Aldermen shall appoint a person to serve as judge of the Mayor's Court. In the case of absence or disqualification of the judge, or whenever he so requests, the
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Mayor and Aldermen may appoint a judge pro tem to preside over said court and perform the duties thereof., so that when so amended, subsection (a) of section 23 shall read as follows: (a) Said court shall be held as often as necessary for the trial of offenders; the Mayor and Aldermen shall appoint a person to serve as judge of the Mayor's Court. In the case of absence or disqualification of the judge, or whenever he so requests, the Mayor and Aldermen may appoint a judge pro tem to preside over said court and perform the duties thereof. The Clerk of the town shall act as Clerk of said court and the Marshal or other police officers of said town shall attend said court and perform all duties therein, and in enforcement of its sentences as they may be required by ordinances of said town or by the orders of the presiding officer of said court, Court. Section 3. Said Act is further amended by striking from subsection (d) of section 23 the following: fifty ($50.00), and inserting in lieu thereof the following: two hundred ($200.00) dollars, so that when so amended, subsection (d) of section 23 shall read as follows: (d) Upon the conviction of any defendant or violator of any law or ordinance of said town, said court shall have the right to sentence said defender to pay a fine not exceeding two hundred ($200.00) dollars and to imprisonment in the town jail or in the common jail of Catoosa County not exceeding sixty (60) days, and to work and labor on the streets or public works of said town not exceeding sixty (60) days, either or all, or any part of either or 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
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costs against all defendants convicted, to be collected and enforced in addition to and in the same manner as fines, and shall have power to probate persons convicted therein; all costs shall be paid into the town treasury. 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. Fines. Section 4. Said Act is further amended by striking from subsection (e) of section 23 the following: or the Mayor of said town, so that when so amended subsection (e) of section 23 shall read as follows: (e) All cases made in said court shall be in the name of the Town of Fort Oglethorpe; all warrants for offenses against the law and ordinances of said town shall be signed by the presiding officer of said court or some officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the clerk and deputy clerk or Marshal and shall bear teste in the name of the Mayor or the presiding officer of said court. Court cases. Section 5. Said Act is further amended by striking from subsection (f) of section 23 the following: Mayor or other, so that when so amended subsection (f) of section 23 shall read as follows: (f) The presiding officer shall have power to administer oaths and to perform all other acts necessary or proper in the conduct of said court, and where it appears that a State law has been violated shall have power to bind the offender over to the proper court of Catoosa or Walker County for trial, to assess bail for his appearance, and to commit to the jail of Catoosa or Walker County in default of bond. Presiding officer.
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Section 6. Said Act is further amended by striking section 31 in its entirety, and inserting in lieu thereof a new section 31, to read as follows: Section 31. Taxes. The Mayor and Aldermen of said town are hereby authorized and empowered to impose, levy and collect ad valorem taxes on all property real and personal within the corporate limits of said town, and upon all goods, chattels, moneys and choses in action whose owner resides within the corporate limits of said town which are subject to taxation by the laws of this State for the ordinary current expenses of said town a tax not exceeding one dollar and fifty cents ($1.50) on each one hundred dollars ($100.00) of taxable property as assessed in the manner herein provided; and for the paving and macadamizing of streets and sidewalks, and for the payment of the principal and interest of the public debt of said town, such additional taxes as may be necessary and proper, in the manner prescribed by the Constitution of Georgia. Said taxes shall have the same lien and priority as taxes due the State and county, except that they shall be second and postponed thereto. Section 7. 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 1973 Session of the General Assembly of Georgia a bill to amend the Charter of the Town of Fort Oglethorpe, Georgia in the following particulars, to wit: (1) Section 21 of said Charter so as to provide for the appointment of the Town Marshal for a period of two (2) years. (2) Section 23 of said Charter to provide for the appointment, by the Mayor and Council, of a Judge of the City Traffic Court and that the maximum amount of fines and forfeitures as provided in the Charter be changed from Fifty ($50.00) Dollars to Two Hundred ($200.00) Dollars.
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(3) Section 31 of said Charter to be amended so as to read that the City property tax rate shall not exceed $1.50 on each $100.00 of value. (4) That said Charter be amended so that the Corporate limits of said Town shall include all of the area from the West right-of-way of old U.S. Highway 27 east to the present Corporate limits of said Town, same being all of that area from the original City Limits at Patterson Road North, to the present City Limits known as Grant City and Cloud Springs Rd. (5) To repeal all conflicting laws and for other purposes. This 13th Day of December, 1972. /s/ Wayne Snow, Jr. 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 Walker County Messenger which is the official organ of Walker County, on the following dates: January 3, 10, 17, 1973. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 8th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal).
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Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia a bill to amend the Charter of the Town of Fort Oglethorpe, Georgia in the following particulars, to wit: (1) Section 21 of said Charter so as to provide for the appointment of the Town Marshal for a period of two (2) years. (2) Section 23 of said Charter to provide for the appointment, by the Mayor and Council of a Judge of the City Traffic Court and that the maximum amount of fines and forfeitures as provided in the Charter be changed from Fifty ($50.00) Dollars to Two Hundred ($200.00) Dollars. (3) Section 31 of said Charter to be amended so as to read that the City property tax rate shall not exceed $1.50 on each $100.00 of value. (4) That said Charter be amended so that the Corporate limits of said Town shall include all of the area from the West right-of-way of old U.S. Highway 27 east to the present Corporate limits of said Town, same being all of that area from the original City Limits at Patterson Road North, to the present City Limits known as Grant City and to Cloud Springs Rd. (5) To repeal all conflicting laws and for other purposes. This 13th Day of December, 1972. Wayne Snow, Jr. 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
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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 21, 28, 1972 and January 4, 1973. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 8th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. HOUSTON COUNTYSTATE COURTTERMS CHANGED. No. 524 (House Bill No. 641). An Act to amend an Act creating the City Court of Warner Robins, now the State Court of Houston County, approved March 26, 1965 (Ga. L. 1965, p. 2650), as amended, particularly by an Act approved February 14, 1967 (Ga. L. 1967, p. 2564), so as to change the terms of court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Warner Robins, now the State Court of Houston County, approved March 26, 1965 (Ga. L. 1965, p. 2650), as amended, particularly by an Act approved February 14, 1967 (Ga. L. 1967, p. 2564), is hereby amended by striking section 21 of said Act in its entirety and inserting in lieu thereof the following: Section 21. The terms of court of the State Court of Houston County shall be the third Monday of March, June,
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October, and January. Dates for guilty pleas, noncontested civil matters and non-jury matters shall be set by the Judge. The Judge may, in his discretion, hold adjourned terms when business requires it to close the dockets, and may, in the exercise of a sound discretion, cause new juries to be drawn for the same, or order the juries drawn for the regular term to give their attendance upon such adjourned terms; and said Judge is authorized to hold special terms of said court for the trial of criminals, or for the disposition of civil business, either or both, at discretion, and either to compel the attendance of jurors of previous term, or to draw new jurors for the same, according to the laws now in force. Terms. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act creating the City Court of Warner Robins, now the State Court of Houston County, approved March 26, 1965 (Ga. L. 1965, p. 2650), as amended, so as to change the terms of court; and for other purposes. This 10th day of January, 1973. Larry Walker Representative 100 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, of intent to introduce local legislation creating City Court of Warner Robins was published in The
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Houston Home Journal on the following dates: January 18, 25, February 1, 1973. This 1 day of February, 1973. /s/ Bobby Branch Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 1 day of February, 1973. /s/ Janice E. Colwell Notary Public, Houston County. My Commission Expires March 7, 1976. (Seal). Approved April 17, 1973. CITY OF LAKE PARKNEW CHARTER. No. 525 (House Bill No. 649). An Act to create a new Charter for the town of Lake Park, Georgia in the county of Lowndes, to prescribe the limits of said town; to provide for the government of said town; to provide for the corporate powers of the town; to provide for the preservation of rights, powers, privileges and authority; to provide for the exercise of said powers; to provide for the preservation of existing ordinances; to provide for the legislative branch of the town including the number and qualification of councilmen, terms of office, filling of vacancies, compensation, prohibitions, and general power of the council, the election term of office and duties of mayor; to provide for the organization of the governing body; to provide for regular and special meeting of the governing body; to provide for rules of procedure and quorum of the governing body; to provide for the procedure of enacting ordinances; to provide for the
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adoption of technical regulations; to provide for general codification of ordinances; to provide for the executive branch of government including administrative and service departments, administrative offices, administrative personnel; to provide for a judicial branch including the creation of the court, its officers, jurisdiction, powers, appeals and rules; to provide for the preservation of the present office holders; to provide for the election of governing authority, qualification of candidates and conduct of elections; to provide for removal of elective officers; to provide for finance and fiscal matters including levy of property taxes, due dates, collections of delinquent taxes; to provide for licenses, occupational taxes and excise taxes, sewer service charges, sanitary and health service charges and special assessments; to provide for transfer of executions; to provide for issuance of bonds and short term notes; to provide for procurement and management of property including contracting procedures and sale and conveyances; to provide for municipal utilities, sewers and drains, right-of-way, and power of eminent domain; to provide for regulatory functions including power to regulate and license, to grant franchises, to regulate building and construction; to provide for bonding of officers; to provide for the continuation of existing ordinances and resolutions not inconsistent with this charter and for the severability of this act; to provide for repeal of certain other acts. Be it enacted by the General Assembly of Georgia: Section 1.10. Incorporation. The City of Lake Park, Georgia, in the County of Lowndes, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Lake Park, Georgia. Under that name, said City shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with, may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same;
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may have a common seal and alter and renew the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.11. Corporate Boundaries. (a) The boundaries of the City of Lake Park shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of Lake Park, at all times, shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of Clerk and to be designated, as the case may be: Map (or Description) of the Corporate Limits of the City of Lake Park, Georgia. Alterations in these boundaries shall be indicated by and under the direction of the mayor. Photographic, typed, or other copies of such map or description certified by the Clerk shall be admitted in evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the re-drawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Powers Defined. (a) The government of the City of Lake Park shall have all rights, powers, privileges and authority herein conferred or herein enlarged, and such other powers as may be necessary or desirable including all rights, powers, privileges and authority whether expressed or implied that may now or hereafter be granted to municipal corporations by the Constitution of Georgia and laws of this State. (b) The rights, powers, privileges and authority heretofore enjoyed, herein retained or herein claimed shall subsist, notwithstanding the repeal of any law, until any such rights, power, privilege or authority be altered or taken away by amendment to this charter. (c) The City in addition to the rights, powers, privileges
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and authority expressly conferred upon it by this charter, shall have the right, power, privilege and authority 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 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 functions. (d) No enumeration of any right, power, privilege or authority hereinafter made, and no repeal of any law under which the government derives any rights, power, privilege or authority, shall be construed as limiting or abolishing any right, power, privilege or authority hereinabove set forth. Section 1.13. General Powers. In addition to all other powers herein granted, the City shall be vested with any and all powers which municipal corporations are or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the City was heretofore authorized to exercise upon the effective date of this Charter. Section 1.14. Construction. The powers of the City shall be construed liberally and in favor of the City. The specific mention or failure to mention particular powers in this Charter shall not be construed as limiting in any way the general power of the City as stated in this Charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the City and all of its affairs. Section 1.15. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the city, its officers,
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agencies, or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. Section 1.16. Ordinances. All ordinances, bylaws, rules and regulations now in force in the City not inconsistent with this Charter, are hereby declared valid and of full effect and force until amended or repealed by the governing authority. ARTICLE II GOVERNING BODY LEGISLATIVE BRANCH Section 2.10. Creation; Composition; Number; Election. The legislative authority of the government of the City of Lake Park, except as otherwise specifically provided in this Charter, shall be vested in a City Council to be composed of a mayor and four councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this Charter. Section 2.11. Terms and Qualification of Office. The members of the Council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the city for a period of one year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his period of service, and shall be registered and qualified to vote in municipal elections of the City of Lake Park. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) VacanciesThe office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture
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of office or removal from office in any manner authorized by this Charter or the laws of the State of Georgia. (b) Forfeiture of OfficeThe mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this Charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this Charter; or (3) is convicted of a crime involving moral turpitude. (c) Filling of Vacancies A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Compensation and Expenses. The Mayor and Councilmen shall receive as compensation for their services the amount not to exceed $25.00 per month as established by ordinance. The Mayor and Councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14. Prohibitions. (a) Holding other office. Except as authorized by law, no member of the Council shall hold any other elective city office or city employment during the term for which he was elected. (b) Voting When Personally Interested. Neither the Mayor nor any other member of the Council shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and Investigations. The Council may make inquiries and investigations into the affairs of the City and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be punished as provided by ordinance. Section 2.16. General Power and Authority of the Council. (a) Except as otherwise provided by law or by this
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Chapter, the Council shall be vested with all the powers of government of the City of Lake Park as provided by Article I. (b) In addition to all other powers conferred upon it by law, the Council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this Charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Lake Park and may enforce such ordinance by imposing penalties for violation thereof. (c) The Council may by ordinance create, change, alter, abolish, or consolidate offices, agencies and departments of the City and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this Charter. THE MAYOR Section 2.20. Election of Mayor; Term of Office; Vacancy. The Mayor shall be elected at large and his term of office shall be for two years. Section 2.21. Duties of Mayor. The Mayor shall: (a) preside at all meetings of the City Council; and may vote on any question on which the Council is equally divided, (b) be the official head of the city for the service of process and for ceremonial purposes, (c) have power to administer oaths and to take affidavits, (d) sign all written contracts entered into by the Council on behalf of the City and all other contracts and instruments executed by the City which by law are required to be in writing.
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ORGANIZATION AND PROCEDURES Section 2.30. Organization Meeting. The Council shall meet for organization on the Second Tuesday in February, the meeting shall be called to order by the City Clerk and the oath of office shall be administered to the newly-elected members as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of (Mayor or Councilman as the case may be) of the City and that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Following the induction of members, the council by majority vote of all the members thereof shall elect one of their number to be mayor pro tem, who shall serve for a term of two years and until his successor is elected and qualified. Section 2.31. Regular and Special Meetings. (a) The Council shall hold regular meetings at such times and places as prescribed by ordinance. The Council may recess any regular meeting and continue such meetings on any weekday or hour it may fix, and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the Council may be held on call of the Mayor or two members of the Council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residence at least twelve hours in advance of the meeting. Such notice shall not be required if the Mayor and all Councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent any business
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which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the Council shall be public. Section 2.32. Rules of Procedure. The Council shall adopt its rules of procedure and order of business consistent with the provisions of this Charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 2.33. Quorum; Voting. Three Councilmen shall constitute a quorum and shall be authorized to transact business of the Council. Voting on the adoption of ordinances, shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of the Council shall have the right to request a roll call vote. The affirmative vote of majority Councilmen shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this Charter. Section 2.34. Action Requiring an Ordinance. (a) Except as herein provided, every official action of the Council which is to become law, shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Lake Park hereby ordains..... (b) An ordinance may be introduced by any member of the Council and read at a regular or special meeting of the Council. Ordinances shall be considered and adopted or rejected by the Council in accordance with the rules which it shall establish; provided, however, ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the Council following the meeting of their initial introduction. Upon introduction of any ordinance, the clerk shall distribute a copy to the Mayor and to each Councilman, and shall file a reasonable number of copies in the office of the clerk and at such other public places as the Council may designate.
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Section 2.35. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the Council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.36. Codes of Technical Regulations. (a) The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of section 2.34 for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to section 2.37. (b) Copies of any adopted code of technical regulations
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shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.37. Signing, Authenticating, Recording; Codification; Printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the Council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The Council shall provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. The general codification shall be adopted by the Council by ordinance and shall be published promptly, together with all amendments thereto, with this charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Lake Park, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the council. (c) The council shall cause each ordinance and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances and Charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the council. Following publication of the first Code of the City of Lake Park and at all times thereafter, the ordinances and Charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code.
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ARTICLE III EXECUTIVE BRANCH ORGANIZATION AND GENERAL PROVISIONS Section 3.10. Administrative and Service Departments. (a) The council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments and agencies of the city, as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance, and shall be subject to the general supervision and guidance of the mayor and council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments
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shall receive such compensation as prescribed by ordinance of the city council. Section 3.11. Board, Commissions and Authorities. (a) All members of boards, commissions and authorities of the city shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable State law. (b) No member of any board, commission or authority shall hold any elective office in the city. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable State law. (d) No member of any board, commission or authority shall assume office until he shall have executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the council. (f) Members of boards, commissions and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (h) Except as otherwise provided by this charter or by applicable state law, each board, commission or authority of the city government shall elect one of its members as
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chairman and one member as vice-chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such by-laws, rules and regulations, not inconsistent with this charter, ordinances of the city, or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city. ADMINISTRATIVE OFFICERS Section 3.20. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city, and to perform such other duties as may be required by law or as the council may direct. Section 3.21. Tax Collector. The council may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. Section 3.22. City Accountant. The council may appoint a city accountant to perform the duties of an accountant. Section 3.23. City Attorney. The council shall appoint a city attorney, together with such assistant 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 shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the 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 may be required of him by virtue of his position as city attorney.
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Section 3.24. Consolidation of Functions. The council may consolidate any two or more of the positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the functions of any one or more of such positions. The city council may perform all or any part of the functions of any of the positions or offices in lieu of appointing other persons to perform the same. PERSONNEL ADMINISTRATION Section 3.30. Position Classification and Pay Plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the council for approval. Said plans may apply to all employees of the City of Lake Park, and of any of its agencies and offices. When a pay plan has been adopted the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.31. Personnel Policies. The council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Lake Park. ARTICLE IV JUDICIAL BRANCH MUNICIPAL COURT Section 4.10. Creation. There is hereby established a court to be known as the Municipal Court of the City of Lake Park which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city
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and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting. Should both the judge and judge pro tem become disqualified, then any member of the council may be designated to preside with the same powers and duties as the judge when so acting. Section 4.11. Judge (a) The Mayor shall serve as Judge of the Municipal Court. (b) The Mayor Pro Tem will be Judge Pro Tem of the Municipal Court. He shall serve as Judge in the absence of the Mayor. (c) Before entering on duties of his office, the judge 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. The oath shall be entered upon the minutes of the council. Section 4.12. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.13. Jurisdiction; Powers. (a) The Municipal Court shall try and punish for crimes against the City of Lake Park and for violation of its ordinances. The Municipal
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Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $50 (fifty dollars) or 30 (thirty) days in jail. The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500 (five hundred dollars) or imprisonment for 60 (sixty) days or both. (b) The Municipal Court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of state law. (c) The Municipal Court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the City of Lake Park, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The Municipal Court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The Municipal Court shall have the authority to administer oaths and to perform all other acts necessary and proper to the conduct of said court. (f) The Municipal Court may compel the presence of all parties necessary to a proper disposal of each case by the
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issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The Municipal Court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Lake Park granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Lowndes County from the mayor'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 the ordinary. Provided that any person who fails to file his appeal within 10 days of the date of his conviction shall be deemed to have waived any such right. An appeal to the Superior Court shall be a de novo proceeding. Section 4.15. Rules for Court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure 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, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS REPRESENTATIONGENERAL PROVISIONS Section 5.10. Regular Elections; Time for Holding. Those persons in office on the effective date of this Act shall continue
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to serve until their successors are duly elected and qualified. On the first Tuesday in February, 1974, and on said date biennially thereafter, there shall be an election for the office of mayor. On the same day and month in 1974, four (4) councilmen shall be elected to serve two (2) years. The terms of office of members of the council shall begin at the day and hour of taking of oath of office as provided in section 2.30 of this Charter. Section 5.11. Qualifying: Nomination of Candidates; Absentee Ballots. The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of election in the City of Lake Park. CONDUCT OF ELECTIONS Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Lake Park as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, Code Title 34A as amended. Section 5.21. Special Elections; Vacancies. In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the remaining portion of the unexpired term of such office; provided, however, if such vacancy occurs within six (6) months of the expiration of the term of office of the mayor or any councilman, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this charter and the Georgia Municipal Election Code, Code Title 34A, as amended. REMOVAL OF ELECTIVE OFFICERS Section 5.30. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes:
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(a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) willful violation of any express prohibition of this charter; (e) abandonment of office or neglect to perform the duties thereof or; (f) failure for any other cause to perform the duties of office as required by this charter or by law. Section 5.31. Procedure for Removal. Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of two-thirds vote of the entire membership of the council. In the event an elected officer is sought to be removed by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Lowndes County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the court of ordinary. (b) By information filed in the Superior Court of Lowndes County as provided by law. ARTICLE VI FINANCE AND FISCAL TAXATION Section 6.10. Property Taxes. All property subject to taxation for State or County purposes, assessed as of January
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1st in each year, shall be subject to the property tax levied by the City of Lake Park. The council by ordinance shall elect to use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.11. Tax Levy. The council shall make an ad valorem tax on all real and personal property, not exempt from taxation, 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 as determined by the council in its discretion. The tax levy shall be expressed as a fixed millage rate of assessed valuation. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The provisions of Georgia Code section 92-4101 through 92-4104 inclusive shall not be applicable to the City of Lake Park. Section 6.12. Tax Due Dates and Tax Bills. The council shall provide by ordinance the procedure for the issuance of tax bills, the date when the taxes of the city shall fall due and the period of time during which taxes may be paid. The council shall provide by ordinance for the payment of taxes due to the city in installments, or in one lump sum, and may authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any officer authorized by ordinance to execute such fi. fas. under the same procedure provided by the laws governing execution of such process from the Superior Court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien 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
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by this charter on delinquent taxes, fees, assessments, or on other amounts due to the city. Section 6.14. Licenses, Occupational Taxes, Excise Taxes. The council by ordinance shall have full power to levy such license and specific or occupation taxes upon the residents of the City of Lake Park, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of such taxation in anyway which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.15. Sewer Service Charges. The council by ordinance shall have the right, power and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City of Lake Park, to provide for the cost and expense of providing for the collection and disposal of sewage through a sewerage facility of said city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien 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 6.16. Sanitary and Health Services Charge. The council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations, residing in or doing business in said city benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or
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amounts, and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, and 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 6.17. Special Assessments. The council shall have 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 and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property 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 for in this article for city property taxes. Section 6.18. Transfer of Executions. The city clerk shall be authorized to assign or transfer 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
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ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. BORROWING Section 6.20. General Obligation Bonds. 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 6.21. Revenue Bonds. Revenue bonds may be issued by the council as provided by an Act known as the Revenue Bond Law, approved March 31, 1937, (Ga. L. 1937, p. 761), as amended, or by any other Georgia law as now or hereafter provided. Section 6.22. Short Term Notes. Pursuant to applicable state law the city may obtain temporary loans between January 1 and December 31 of each year. PROCUREMENT AND PROPERTY MANAGEMENT Section 6.30. Contracting Procedures. All contracts shall be made or authorized by the council, and no contracts shall bind the city unless reduced to writing and approved by the council. All contracts, and all ordinances or resolutions making contracts or authorizing the same, shall be drawn by the city attorney or shall be submitted to him before authorization by the council. Section 6.31. Sale and Conveyance of Land. (a) The council may sell and convey any real or personal property owned or held by the City of Lake Park for governmental or other purposes, at a public or private sale, with or without advertisement, for such consideration as it shall deem equitable and just for the city. (b) The council may quitclaim any rights it may have in property not needed for public purposes upon report by
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the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII MUNICIPAL SERVICES AND REGULATORY FUNCTIONS MUNICIPAL SERVICES Section 7.10. Streets. The council is hereby vested with the power to layout, open, widen, change, straighten, alter, improve, vacate, abandon, and otherwise to exercise complete control over the streets, alleys, squares and sidewalks of the City of Lake Park. The council shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys or sidewalks or other public places within the city and shall adopt appropriate ordinances to accomplish this purpose. Section 7.11. Municipal Utilities. The council shall have the power and authority to acquire, own, hold, build, maintain and operate a system of waterworks, electric lights, sewerage and gas distribution; to establish rates and charge fees for services rendered in any of said systems; to finance
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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 the services of any of said systems to consumers outside the corporate limits of the City of Lake Park. Section 7.12. Sewers and Drains. The council shall have the power and authority to provide for the establishment, extension, and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes the city is granted the power of eminent domain both within and without its corporate limits. The council may provide by ordinance for reasonable connection fees for tapping on to the water and sewer lines of said city, and may compel citizens to tap into the same when such service is made available. They may cause said connection to be made when the owners refuse, and issue executions to be made for the amount so expended, which execution shall create a lien on the property connected with said water and sewerage systems from the date of the order or connection. Section 7.13. Right-of-Way. The City of Lake Park shall have the right, easement and franchise of laying the necessary mains, pipes, conduits and drains, for waterworks and sewerage system purposes along the highways in the County of Lowndes without cost; it shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and watershed, from which the water supply is taken, from contamination and to protect said water works and sewerage system, including the mains, pipes, and conduits whether the same be situated within or without the corporate limits of said city. Section 7.14. Eminent Domain. The council is hereby empowered to acquire, construct, build, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems,
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airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Code Chapter 36-202 subject to such amendments as shall be enacted, or any other applicable Georgia law. REGULATORY FUNCTIONS Section 7.20. Power to Regulate and License. The council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of the City of Lake Park, regardless whether or not the subject has an office of establishment within said city. The council shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the constitutions and laws of the United States and the State of Georgia. This power is conferred for the purpose of regulation under the police powers of the city and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee on the privilege of operating within the city. This authority extends over individuals, partnerships, associations, corporations, and their agents, and any other legal entity capable of transacting business. Section 7.21. Franchises. The council shall have authority to exercise control over the use of streets of the City of Lake Park. The power is hereby conferred upon the council to grant franchises for the use of said city's streets and alleys, for the purposes of railroads, street railways, telephone companies, electric companies, gas companies, and transportation companies. This franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipes, lines or conduits both above and below the ground surface. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or
Page 3101
non-exclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of twenty-five (25) years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The council shall provide for the registration of all franchises with the city clerk in the registration book to be kept by him. The council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 7.22. Building, Housing, Electrical, and Plumbing Regulations. The council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing, and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the council, be exercised by adoption of any such standard building, housing, gas, heating and air-conditioning, electrical, and plumbing codes as may be deemed appropriate. The council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted, and to charge reasonable fees of inspections and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, electrical or plumbing work. The council may enact all ordinances necessary to enforce such rules and regulations. The provisions of this section shall not be construed to authorize the establishment of standards for, or the regulation of the electrical wiring and equipment by or for a utility rendering communication services and required by it to be utilized in the rendition of its duly authorized service to the public. ARTICLE VIII GENERAL PROVISIONS Section 8.10. Official Bonds. The officers and employees of the City of Lake Park, both elective and appointive, shall execute such official bonds in such amounts and upon such
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terms and conditions as the city council may from time to time require. Section 8.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Lake Park not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended by the council. Existing rules and regulations of departments or agencies of the City of Lake Park not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended. Section 8.12. Specific Repealer. An Act incorporating the City of Lake Park in the County of Lowndes, approved December 24, 1897 (Ga. L. 1897, p. 250) and an Act amending an Act incorporating the City of Lake Park, approved August 15, 1904 (Ga. L. 1904. p. 488) are hereby repealed in their entirety. Section 8.13. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 8.14. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Lowndes County. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia local legislation to amend the Charter of the Town of Lake Park,
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Georgia, to redefine the city limits of the Towns of Lake Park, Georgia, and for other purposes. This 3rd day of January, 1973. Jim T. Bennett, Jr. Member, House of Representatives Before me, the undersigned Notary Public duly authorized by law to administer oaths and take acknowledgments, this day personally appeared Tenney S. Griffin, Publisher of the Valdosta Daily Times, who, after being by me first duly sworn, states on oath that the Notice of Intention to Apply for Local Legislation as hereinafter set forth appeared in said Valdosta Daily Times on the following dates: January 13, 1973; January 20, 1973; and January 27, 1973. /s/ Tenney S. Griffin Sworn to and subscribed before me this 30th day of January, 1973. /s/ Edith D. Smith Notary Public, Georgia State at Large. My Commission Expires May 1, 1976. (Seal). Approved April 17, 1973. TOWN OF DASHERCORPORATE LIMITS EXTENDED. No. 526 (House Bill No. 651). An Act to amend an Act incorporating the town of Dasher, approved March 14, 1967 (Ga. L. 1967, p. 2118), as amended, so as to extend the corporate limits thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act incorporating the town of Dasher, approved March 14, 1967 (Ga. L. 1967, p. 2118), as amended, is hereby amended by adding between section 2 and section 3 a new section to be known as section 2A to read as follows: Section 2A. In addition to the present corporate limits from and after the passage of this Act the corporate limits of the town of Dasher shall embrace all those tracts or parcels of land between Southern Railroad B Division and old U. S. Highway 41 on the southern boundary of the present corporate limits of Dasher comprising of approximately 22 acres, more or less, and more particularly described as follows: Beginning at a point where the eastern right-of-way boundary line of the Southern Railroad B Division intersects the south boundary of the present town limits and extending along said eastern right-of-way line of said Southern Railroad in a southerly direction a distance of 2,885 feet; thence extending along a line which runs at at a right angle to said eastern right-of-way boundary and continuing until said line intersects the western right-of-way boundary of Old U. S. Highway 41; thence continuing along the said western boundary of said highway right-of-way until said line intersects the southern boundary of the present corporate limits of Dasher; thence continuing along the southern boundary of the present corporate limits of Dasher to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Lowndes County. Before me, the undersigned Notary Public duly authorized by law to administer oaths and take acknowledgments, this day personally appeared Tenney S. Griffin, Publisher of Valdosta Daily Times, who, after being by me first duly sworn, states on oath that notice of intention to apply for local legislation regarding the amendment of The Charter of Dasher, Georgia, to redefine the territorial limits of Dasher, Georgia, and for other purposes; said advertisement having appeared in said Valdosta Daily Times on the
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following dates: January 13, January 20, January 27, 1973, and said advertisement being as follows: /s/ Tenney S. Griffin Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1973 session of the General Assembly of Georgia local legislation to amend the charter of Dasher, Georgia, to redefine the territorial limits of Dasher, Georgia, and for other purposes. This 10th day of January, 1973. Jim T. Bennett, Jr. Member House of Representatives Sworn to and Subscribed before me this 29th day of January, 1973. /s/ Edith D. Smith Notary Public, Georgia State at Large. My Commission Expires May 1, 1976. (Seal). Approved April 17, 1973. CITY OF WHITE PLAINSCORPORATE LIMITS CHANGED. No. 527 (House Bill No. 656). An Act to amend an Act incorporating the City of White Plains, in the County of Greene, approved August 4, 1917 (Ga. L. 1917, p. 898), as amended, particularly by an Act approved August 3, 1920 (Ga. L. 1920, p. 1762), so as to change the limits of the City of White Plains; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act incorporating the City of White Plains, in the County of Greene, approved August 4, 1917 (Ga. L. 1917, p. 898), as amended, particularly by an Act approved August 3, 1920 (Ga. L. 1920, p. 1762), 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 White Plains shall include all that territory within a radius of one mile in every direction from a point in the center of Main Street and the center of First Street where First Street crosses Main 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 regular 1973 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of White Plains, in the County of Greene, approved August 4, 1917 (Ga. L. 1917, p. 898), as amended, so as to change the corporate limits of said city to repeal conflicting laws; and for other purposes. This 26th day of December, 1972. E. Roy Lambert Representative, 97th 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 97th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Journal which is the official organ of Greene County,
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on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ E. Roy Lambert Representative, 97th District Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TOWN OF RIDDLEVILLECHARTER AMENDEDCERTAIN TERMS OF OFFICE CHANGED, ETC. No. 528 (House Bill No. 662). An Act to amend an Act creating a new charter and municipal government for the Town of Riddleville, approved August 15, 1903 (Ga. L. 1903, p. 578), so as to increase the terms of office of town officials; to provide for registration of voters and the regulation of voting; to provide the time for opening and closing the election polls; to provide existing ordinances to remain in effect; to provide for severability; 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 Town of Riddleville, approved August 15, 1903 (Ga. L. 1903, p. 578), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows:
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Section 2. (a) An election shall be held in the Town of Riddleville, on the last Wednesday in August, 1973, and every two years thereafter for a mayor and five aldermen, and a city treasurer to serve two years and until their successors are elected and qualified. Elections. (b) The polls at said election shall be opened at seven A.M. Eastern Standard Time and shall remain open continuously until seven P.M. Eastern Standard Time, at which time they shall be closed. (c) 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 effected as provided by Code section 34A-604 of the Municipal Election Code, as it now exists or may hereafter be amended. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. Applicability of General Laws. Except as otherwise provided by this Act, the election of all officials of the Town of Riddleville 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 be correspondingly changed so as to avoid any conflict between this Act and the general law. General laws. Section 3. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. Voter Registration. In all elections held in the Town of Riddleville, whether primary or general elections,
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the voters, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance. Voter registration. 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. Rules. (a) The mayor and council are hereby authorized to enact by ordinance such additional rules consistent with the Act and general laws as are deemed necessary for the conduct of elections. Rules. (b) 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, except as otherwise provided herein. Section 5. All ordinances, by-laws, rules and regulations, now in force in the Town of Riddleville, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the mayor and council. Existing ordinances, etc. Section 6. 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 7. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 3110
Notice of Intention to Amend Former Acts Creating Town of Riddleville. Notice is hereby given that I will, with concurrence of officials of Town of Riddleville, introduce a bill in 1973 General Assembly of Georgia, to amend the several Acts creating said Town, so as to increase the length of terms of office of town officials; to provide for registration of voters, keeping of registration books and the regulation of voting in general, and also provide period of time polls to remain open on election days. This January second, 1973. T. C. Carr Representative from Washington County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom C. Carr who, on oath, deposes and says that he is Representative from the 90th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress which is the official organ of Washington County, on the following dates: January 4, 11, 18, 1973. /s/ Tom C. Carr Representative, 90th District Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
Page 3111
McINTOSH COUNTYCOMPENSATION OF SUPERIOR COURT CLERK CHANGED, ETC. No. 529 (House Bill No. 663). An Act to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of McIntosh County on an annual salary, approved April 6, 1965 (Ga. L. 1965, p. 3239), as amended, particularly by an Act approved March 10, 1970 (Ga. L. 1970, p. 2427), so as to change the compensation of the Clerk of the Superior Court and the compensation of the assistant to 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, Sheriff and Tax Commissioner of McIntosh County on an annual salary, approved April 6, 1965 (Ga. L. 1965, p. 3239), as amended, particularly by an Act approved March 10, 1970 (Ga. L. 1970, p. 2427), is hereby amended by striking from section 3 the following: $7,800.00., and inserting in lieu thereof the following: $11,500.00, so that when so amended section 3 shall read as follows: Section 3. The clerk of the superior court shall receive an annual salary of $11,500.00, payable in equal monthly installments from the funds of McIntosh County, and shall also receive an expense allowance of $600.00 per annum payable in equal monthly installments from the funds of McIntosh County. Clerk. Section 2. Said Act is further amended by striking from section 10, the following: $3,600.00,
Page 3112
and inserting in lieu thereof the following: $4,800.00, so that when so amended section 10 shall read as follows: Section 10. The clerk of the superior court shall be authorized to employ one assistant and fix the compensation of such assistant at not to exceed $4,800.00 per annum, payable in equal monthly installments from the funds of McIntosh County. Said assistant shall serve at the pleasure of the clerk. Assistant. 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 1973 regular session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of McIntosh County on an annual salary, approved April 6, 1965 (Ga. L. 1965, p. 3239), as amended, so as to change the compensation of the Clerk and the assistant to the Clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. This 23rd day of December, 1972. /s/ Donald Fraser Representative, 117th District Georgia, McIntosh County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles M. Williamson
Page 3113
who, on oath, deposes and says that he is editor and publisher of The Darien News, and that the attached copy of notice of intention to introduce local legislation was published in The Darien News which is the official organ of McIntosh County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ Charles M. Williamson Editor and Publisher of The Darien News, Darien, Georgia Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Marion Wilkins Notary Public. My Commission Expires Dec. 2, 1973. (Seal). Approved April 17, 1973. CITY OF DARIENCHARTER AMENDEDCOMPENSATION OF MAYOR AND COUNCIL CHANGED. No. 530 (House Bill No. 664). An Act to amend an Act incorporating the City of Darien, approved March 10, 1964 (Ga. L. 1964, p. 2708), as amended, so as to change the compensation of the mayor and members of the council; to provide 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 Darien, approved March 10, 1964 (Ga. L. 1964, p. 2708), as amended, is hereby amended by striking from section 8 the following:
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, to be fixed by the council, not to exceed six hundred ($600.00) dollars per annum; and each member of council shall receive a salary, to be fixed by council, not to exceed three hundred ($300.00) dollars per annum., and inserting in lieu thereof the following: of two hundred ($200.00) dollars per month and each member of the council shall receive a salary of one hundred ($100.00) dollars per month., so that when so amended, section 8 shall read as follows: Section 8. The mayor of said City of Darien shall receive a salary of two hundred ($200.00) dollars per month and each member of the council shall receive a salary of one hundred ($100.00) dollars per month. The mayor and council shall meet for the purpose of transacting business for said city only at the city hall as now or hereafter established. The mayor and council, by ordinance or resolution, shall fix the time for the holding of regular meetings for the transaction of business, and the mayor, or in his absence from the city, or sickness, the mayor pro tem. may call special meetings of the council under such rules and regulations as the mayor and council may fix. Salaries. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1973, regular session of the General Assembly of Georgia, a bill to amend an act granting a charter to the City of Darien and fixing compensation for the Mayor and Councilmen, approved March 10, 1964 (Ga. L. 1964, p. 2712), as amended, so as to change the compensation provided for the Mayor
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and Councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes. This 5th day of January, 1973. Donald H. Fraser State Representative, District 117 Georgia, McIntosh County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles M. Williamson who, on oath deposes and says that he is editor and publisher of The Darien News, and that the attached copy of notice of intention to introduce local legislation was published in The Darien News which is the official organ of McIntosh County, on the following dates: January 18, 25, and February 1, 8, 1973. /s/ Charles M. Williamson Editor and Publisher of The Darien News Darien, Georgia Sworn to and subscribed before me, this 9th day of February, 1973. /s/ J. Marion Wilkins Notary Public. (Seal). Approved April 17, 1973. McINTOSH COUNTYCOMPENSATION OF ORDINARY CHANGED. No. 531 (House Bill No. 665). An Act to amend an Act abolishing the fee system of compensating the Ordinary of McIntosh County and providing
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in lieu thereof an annual salary, approved April 23, 1969 (Ga. L. 1969, p. 3369), 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 abolishing the fee system of compensating the Ordinary of McIntosh County and providing in lieu thereof an annual salary, approved April 23, 1969 (Ga. L. 1969, p. 3369), is hereby amended by striking from section 2 the following: $7,800, and inserting in lieu thereof the following: $10,500, so that when so amended section 2 shall read as follows: Section 2. The ordinary shall receive an annual salary of $10,500, payable in equal monthly installments from the funds of McIntosh 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 the 1973 regular session of the General Assembly of Georgia, a bill to amend an Act abolishing the fee system of compensating the Ordinary of McIntosh County and providing in lieu thereof an annual salary, approved April 23, 1969 (Ga. L. 1969, p. 3369), so as to change the compensation of the
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Ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. This 23 day of December, 1972. /s/ Donald Fraser Representative, 117th District Georgia, McIntosh County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles M. Williamson who, on oath, deposes and says that he is Editor and Publisher of The Darien News, and that the attached copy of notice of intention to introduce local legislation was published in The Darien News which is the official organ of McIntosh County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ Charles M. Williamson Editor and Publisher of The Darien News Darien, Georgia Sworn to and subscribed before me, this 5th day of February, 1973. /s/ J. Marion Wilkins Notary Public. My Commission Expires December 2, 1973. (Seal). Approved April 17, 1973. CITY OF COLLEGE PARKCHARTER AMENDEDQUALIFICATIONS FOR MAYOR AND COUNCILMEN PROVIDED. No. 532 (House Bill No. 676). An Act to amend an Act establishing a new charter for the City of College Park approved December 16, 1895 (Ga. L.
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1895, p. 251), and the several Acts amendatory thereof, particularly an Act approved February 15, 1952 (Ga. L. 1952, p. 2596), so as to provide for qualifications for candidates for Mayor and Councilmen; 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, particularly an Act approved February 15, 1952 (Ga. L. 1952, p. 2596), is hereby amended by striking section 1 of said amendatory Act of 1952 in its entirety and inserting in lieu thereof a new section 1 to read as follows: Section 1. Candidates for Mayor, CouncilmenQualifications. In addition to the qualifications of eligibility for being candidates for and for election to and holding the offices of Mayor and Councilmen of said City, any person seeking election and/or elected as Mayor or Councilman of said City, shall be at the time of the legal notice of his candidacy, and of his qualifying as such candidate, and thereafter and on the day of election for such office, a freeholder and a registered qualified elector to vote in such election, in accordance with the charter laws and ordinances of said City and the laws of this State. Any Mayor or Councilman desiring to qualify for the office of Mayor or Councilman shall first resign his office as Mayor or Councilman, unless his term of office shall expire prior to the beginning of the term of the office for which he desires to qualify. 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 1973 Session of the General Assembly of Georgia, convening in January 1973, to amend Ga. L. 1895, p. 251, and all acts amendatory thereof establishing the City of College Park to amend
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the corporate limits of the City of College Park; to provide that a member of the Mayor and Council desiring to qualify for the office of Mayor or Councilman and not presently holding that position shall first resign his office under certain conditions; to provide that a homestead of each resident under the age of 65 actually occupied by the owner as a resident and homestead is exempt from City ad valorem taxes except taxes levied by the City for the payment of interest on and retirement of bonded indebtedness, in an amount of Two Thousand Dollars ($2,000.00) of its value; to provide that a homestead of each resident 65 years of age or older actually occupied by the owner as a resident and homestead is exempt from City advalorem taxes, except taxes levied by the City for the payment of interest on and retirement bonded indebtedness, in an amount of Four Thousand Dollars ($4,000.00) of its value; and for other purposes. This 29 day of December, 1972. George E. Glaze City Attorney, City of College Park, Georgia Georgia, Fulton Couity. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Guy Hill who, on oath, deposes and says that he is Representative from the 41st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 5, 12, 19, 1973. /s/ Guy Hill Representative, 41st District
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Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. COBB COUNTYBOARD OF COMMISSIONERSRECALL PROVISIONS CHANGED. No. 533 (House Bill No. 677). An Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the provisions relative to the recall of the Chairman or members 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 the Board of Commissioners of Cobb County, approved June 19, 1964, (Ga. L. 1964, Ex. Sess., p. 2075), 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. Recall of Chairman or Commissioners. The Chairman or any Commissioner shall be subject to a recall election at any time after nine months of his term has expires. In the case of the Chairman, the petition for any such recall election must be signed by not less than 25% of the qualified registered voters of said County and shall be filed in the office of the ordinary of said County. In the case of a Commissioner, the petition for any such recall election must be signed by not less than 25% of the qualified registered voters of the District from which such Commissioner
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was elected and shall be filed in the office of the ordinary of the County. No such petition shall be filed with the ordinary, however, unless there is attached thereto a certificate executed by the registrar or deputy registrar having charge of voters' registration cards in Cobb County certifying that the names appearing on said petition have been verified by comparison with the list of qualified registered voters maintained by him, and that the names appearing thereon constitute enough voters for the recall election. Such certificate shall be furnished by said registrar or deputy registrar within 30 days from the date such petition is presented to him for certification. When such certified petition has been so filed with the ordinary, it shall be his duty to call an election to be held not more than 30 days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the county gazette at least twice before each such election. The ballots or voting machines employed in such election shall state the name of the officer whose recall has been petitioned, the office which he holds, and the dates of the beginning and termination of his official term and shall be prepared so as to enable voters in such election to vote `For recall of the above named officer' or `Against recall of the above named officer'. 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 publication, and the officer so recalled shall not be eligible to election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the official shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. No officer subject to the provisions of this Section shall be subject to more than one recall election during a term of office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February-March 1973 Session of the General Assembly of Georgia, a bill to amend an act creating a Board of Commissioners of Roads and Revenue for Cobb County, Georgia approved June 19, 1964, (Ga. L. 1964, Ex. Sess., p. 2075); and for other purposes. This 20th day of December, 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger G. Robert Howard Travis Duke Ken Nix A. L. Burruss Joe Mack Wilson Hugh Lee McDaniell Howard Atherton 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 19th 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 19, 26, February 2, 1973. /s/ Joe Mack Wilson Representative, 19th District
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Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TOWN OF PINEVIEWCHARTER AMENDEDCERTAIN DISPOSAL OF PORTIONS OF CERTAIN STREETS AUTHORIZED. No. 534 (House Bill No. 685). An Act to amend an Act incorporating the Town of Pineview, approved December 10, 1902 (Ga. L. 1902, p. 551), as amended, so as to authorize said town to dispose of certain portions of two public streets located within said town; 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 Town of Pineview, approved December 10, 1902 (Ga. L. 1902, p. 551), 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 mayor and aldermen shall be authorized to convey to R. Dean Fowler and James M. Stewart the following described tract of land which comprises a portion of High and Commerce streets located within said town: Commencing at a point at which the southern right-of-way of Bay Street intersects the eastern right-of-way of High Street; thence running south for a distance of 218 feet along the eastern boundary of the right-of-way of High
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Street to a point formed by the intersection of the eastern boundary of the right-of-way of High Street and the northern boundary of the right-of-way of Commerce Street; thence due east for a distance of 276.5 feet along the northern boundary of the right-of-way of Commerce Street to a point; thence due south for a distance of 7 feet to a point; thence due west along a line parallel to the northern boundary of the right-of-way of Commerce Street for a distance of 279.5 feet to a point; thence due north along a line running parallel to the eastern boundary of the right-of-way of High Street for a distance of 225 feet to a point; thence due east for a distance of 3 feet to a point, which is 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 local legislation will be introduced at the Regular 1973 Session of the General Assembly of Georgia, to amend the Charter of the City of Pineview in order to provide authority for the Mayor and Council to convey to R. Dean Fowler and James M. Stewart seven (7) feet off of the North side of Commerce Street and two (2) feet off of the East side of High Street, such conveyance being necessary to eliminate an infringement upon the aforesaid streets by the buildings of the Pineview Nursing Home, and for other purposes. This 28th day of December, 1972. Ben Jessup State Representative 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 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in
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the Cordele Dispatch which is the official organ of Wilcox County, on the following dates: January 4, 11, 18, 1973. /s/ Ben Jessup Representative, 102nd District Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF AILEYCHARTER AMENDEDCORPORATE LIMITS CHANGED, ETC. No. 535 (House Bill No. 687). An Act to amend an Act incorporating the City of Ailey in the County of Montgomery, approved December 20, 1893 (Ga. L. 1893, p. 160), as amended, particularly by an Act approved February 27, 1956 (Ga. L. 1956, p. 2692), and by an Act approved March 17, 1960 (Ga. L. 1960, p. 3100), so as to change the corporate limits of said City; to change the provisions relative to the terms of office and the election of the mayor and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Ailey in the County of Montgomery, approved December 20, 1893 (Ga. L. 1893, p. 160), as amended, particularly by an Act approved February 27, 1956 (Ga. L. 1956, p. 2692), and by an Act approved March 17, 1960 (Ga. L. 1960, p. 3100), is
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hereby amended by adding a new Section between sections 3 and 4 to be designated section 3A, and to read as follows: Section 3A. The corporate limits of the City of Ailey shall also include the following described territory: `Beginning at a point where the existing city limits intersect the Northern right-of-way of a 100[prime] Georgia Power Co. easement and running thence N 77-58[prime] E a distance of 4222.0[prime] to a point; running thence N 41-15[prime] E a distance of 680[prime] to a point; running thence S 73-45[prime] E a distance of 1,130[prime] to a corner; running thence S 49-30[prime] E a distance of 776.0 feet. to a point; running thence S 43-19[prime] E a distance of 1,007.5[prime] to a point; running thence S 2-00[prime] W a distance of 384[prime] to the center line of a county road; running thence along the center line of said county road S 59-30[prime] W a distance of 1,294.0[prime] to the Eastern right-of-way of Broad St. or State Route 227; running thence along the Eastern right-of-way of State Route 227, S 21-43[prime] W a distance of 319[prime] to the existing city limits line; and running thence in a North Westerly direction along the old city limits line to the point of beginning.' 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. (a) On the second Tuesday in December 1973 and each year thereafter, an election shall be held in the City of Ailey for the election of the Mayor and councilmen or for councilmen, as hereinafter provided. There shall be six councilman posts to be designated Council Posts 1 through 6, and each candidate for councilmen shall designate the Council Post for which he is offering. (b) At the election held in 1973, the Mayor and six councilmen shall be elected for terms as follows: the councilmen from Council Posts 1 and 2 shall be elected for terms of one year beginning on January 1, 1974; the councilmen from Council Posts 3 and 4 shall be elected for terms of two years beginning on January 1, 1974; the Mayor and the councilmen from Council Posts 5 and 6 shall be elected for terms of three years beginning on January 1, 1974. Thereafter,
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the Mayor and councilmen, or councilmen, as the case may be, shall be elected at the election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their election for terms of three years or until their successors are elected and qualified. Elections. (c) The Mayor and any councilman may reside anywhere within the corporate limits of the City of Ailey and shall be elected by a majority vote of the qualified voters of the City of Ailey voting at the elections provided for herein. In the event no candidate for Mayor or no candidate for any Council Post receives a majority of the votes cast at the elections provided for herein, then a run-off election shall be held pursuant to Code section 34A-1407 of the Georgia Municipal Election Code. 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 1973 Session of the General Assembly of Georgia a bill to amend an act incorporating the Town of Ailey, in Montgomery County, approved December 20, 1893 (Ga. L. 1893, p. 160) as amended, so as to change the provisions relative to the corporate limits and the election of the mayor and councilmen; and for other purposes. This 11th day of January, 1973. L. L. Pete Phillips Representative, 103rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, L. L. Pete Phillips who, on oath, deposes and says that he is Representative from the 103rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published
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in the Montgomery Monitor which is the official organ of Montgomery County, on the following dates: January 17, 24, 31, 1973. /s/ L. L. Pete Phillips Representative, 103rd District Sworn to and subscribed before me, this 14th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF BLACKSHEARCHARTER AMENDEDDATE FOR HOLDING ELECTIONS CHANGED, ETC. No. 536 (House Bill No. 690). An Act to amend an Act creating a new charter for the City of Blackshear, approved February 9, 1949 (Ga. L. 1949, p. 461), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2538), so as to change the date for holding city elections; to provide that the terms of office of aldermen shall be two years and until their respective successors are duly elected and qualified; to repeal conflicting laws; and for other pur-purposes. Section 1. An Act creating a new charter for the City of Blackshear, approved February 9, 1949 (Ga. L. 1949, p. 461), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2538), is hereby amended by striking from section 5 the following: On the first Wednesday of December of each year thereafter, there shall be an election for the purpose of electing
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candidates to succeed the city officers whose terms of office shall expire on December 31, of the year of the election., and inserting in lieu thereof the following: Following the initial terms of office of the aldermen, as specified in this Section, aldermen shall be elected for terms of office of two years each and until their respective successors are duly elected and qualified. On the first Monday in December of each year thereafter, there shall be an election for the purpose of electing candidates to succeed the city officers whose terms of office shall expire on December 31, of the year of the election., so that when so amended, section 5 shall read as follows: Section 5. On the first Wednesday of December, 1966, an election shall be conducted in the City of Blackshear for the purpose of electing a mayor and six aldermen to succeed the present mayor and six aldermen whose terms of office shall expire on December 31, 1966. The term of office shall be for two years and until his successor is elected and qualified. In order to be elected as mayor a candidate shall receive a majority of the votes cast in such election for the office of mayor. In the event no candidate receives a majority of the votes cast, there shall be a runoff election between the two candidates receiving the highest number of votes cast for the office of mayor. The runoff election shall be held seven (7) days after the regular municipal election under the same laws, rules and regulations governing regular municipal elections. The three candidates for aldermen receiving the highest number of votes cast in such election shall be elected for terms of office of two years each and until their successors are elected and qualified. The three candidates for aldermen receiving the next highest number of votes cast in such election shall be elected for terms of office of one year each and until their successors are elected and qualified. Following the initial terms of office of the aldermen, as specified in this Section, aldermen shall be elected for terms of office of two years each and until their respective successors are duly elected and qualified. On the first Monday in December of each year
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thereafter, there shall be an election for the purpose of electing candidates to succeed the city officers whose terms of office shall expire on December 31, of the year of the election. In the event an election is not held for any reason at the regular time provided for herein, it shall be the duty of the city council to order a special election as early as practicable thereafter and said election shall be held as a special election. Date. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Blackshear, approved February 9, 1949 (Ga. L. 1949, p. 461), as amended, so as to change the date for holding city elections; to provide that the terms of office of Alderman shall be two years and until their respective successors are duly elected and qualified; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1973. Bobby A. Wheeler Representative, 127th 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 127th 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
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County, on the following dates: January 18, 25, 1973 and February 1, 1973. /s/ Bobby Wheeler Representative, 127th District Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF SARDISCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 537 (House Bill No. 694). An Act to amend an Act creating a new charter for the City of Sardis, approved April 15, 1969 (Ga. L. 1969, p. 2727) 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 Sardis, approved April 15, 1969 (Ga. L. 1969, p. 2727) is hereby amended by striking section 1.02 in its entirety and substituting in lieu thereof a new section 1.02 to read as follows: Section 1.02. Corporate limits. The corporate limits of the City of Sardis shall include all the territory located in the 64th. G.M.D., Burke County, Georgia within the following described boundaries:
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Beginning at a point located on a concrete marker found on the north right-of-way of State Highway 24 by a branch or stream a distance along said Highway 24 of 4250 ft. from where State Highway 24 crosses the center line of State Highway 23; running N 68 22[prime] E a distance of 5009.4 ft. to a concrete marker located on the right-of-way of State Highway 23; thence S 20 34[prime] E a distance of 5032.0 ft. to a concrete marker; thence S 44 15[prime] W a distance of 1691.3 ft. to a concrete marker located on the right-of-way of State Highway 24; thence S 35 40[prime] W a distance of 3348.5 ft. to a concrete marker; thence N 49 47[prime] W a distance of 3357.7 ft. to a concrete marker on the right-of-way of State Highway 23; thence N 08 56[prime] W a distance of 4685.0 ft. to the point of beginning. More completely described by a City Limit Map surveyed January 28, 1972, by Robert L. Bell, Registered Land Surveyor, No.-Ga-274. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Sardis, approved April 15, 1969 (Ga. L. 1969, p. 2727), so as to change the corporate limits of said city; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. This 8 day of Jan. 1973. W. Jones Lane Representative, 76th District, Post 1 Paul E. Nessmith Representative, 76th District, Post 2
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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 76th 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 10, 17, 24, 31, 1973. /s/ W. Jones Lane Representative, 76th District Sworn to and subscribed before me, this 8th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. GRIFFIN JUDICIAL CIRCUITCOUNTY SUPPLEMENTS FOR SALARIES OF JUDGE AND DISTRICT ATTORNEY AUTHORIZED. No. 538 (House Bill No. 704). An Act to amend an Act entitled An Act to create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be comprised of the counties of Spalding, Pike, Upson and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, so as to authorize the governing authorities of the counties comprising the Griffin Judicial Circuit to supplement the salary of the Judge and
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the District Attorney of the Griffin Judicial Circuit at a certain amount per annum, to-wit: a salary supplement of $5,000 per annum for the Judge of the Superior Courts of the Griffin Judicial Circuit; a salary supplement of $3,500 per annum for the District Attorney of the Griffin Judicial Circuit; to provide the manner in which the said salary supplement is to be paid; to provide when this Act is to take effect; 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 create a new judicial circuit for the State of Georgia, to be called the Griffin Circuit, and to be comprised of the counties of Spalding, Pike, Upson and Fayette; to provide officers therefor, to fix the terms of court in the several counties of said circuit; to provide when this Act shall take effect, and for other purposes, and said Act is hereby amended by inserting between sections 6 and 7, a new section to be numbered 6A and to read as follows: Section 6A. The governing authorities of Fayette County, Pike County, Spalding County and Upson County, the four counties comprising the Griffin Judicial Curcit, are hereby authorized to provide from the County funds a supplement to the compensation of the Judge received from State funds, and the District Attorney received from State funds. The amount of such supplement for the Judge shall be $5,000 per annum, and the amount of such supplement for the District Attorney shall be $3,500 per annum. Said amounts to be paid monthly by the several Counties comprising the Griffin Judicial Circuit in proportion to and pro-rated according to the population of said Counties as shown by the United States Census of 1970 out of General Treasuries of the several counties comprising said Circuit in the following proportions and amounts according to the population, as shown by the 1970 Census, to-wit: Spalding County shall pay the sum of $196.00 per month as a salary supplement for the Judge and a sum of $137.00 per month as a salary supplement for the District Attorney; Upson County shall pay the sum of $133.00 per month as a salary supplement
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for the Judge and a sum of $94.00 per month as a salary supplement for the District Attorney; Fayette County shall pay the sum of $46.00 per month as a salary supplement for the Judge and a sum of $32.00 per month as a salary supplement for the District Attorney; Pike County shall pay the sum of $41.00 per month as a salary supplement for the Judge and a sum of $29.00 per month as a salary supplement for the District Attorney. Supplements authorized. And it is hereby made the duty of the Ordinary, or the county commissioners, having control of county affairs, to provide by taxation, or otherwise, sufficient funds to pay the portion of said salary supplement assessed against each of said Counties, and to pay the same as in this Act provided; and the said salary supplement of the Judge and the District Attorney is hereby made and declared to be a part of the expenses of the Courts, and the power to levy a tax to pay the same is hereby delegated to said county authorities. Section 2. This Act shall become effective on the date it is approved by the Governor of the State of Georgia or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to authorize the governing authority of Pike County, Georgia, to provide for a supplement to the salary of the judge of the superior court and the district attorney of the Griffin Judicial Circuit and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention
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to Introduce Local Legislation was published in the Pike County Journal which is the official organ of Pike County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ Marvin Adams Representative, 74th District Sworn to and subscribed before me, this 17th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to authorize the governing authority of Fayette County, Georgia, to provide for a supplement to the salary of the judge of the superior court and the district attorney of the Griffin Judicial Circuit and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams 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 Fayette County News which is the official organ of Fayette County, on the following dates: December 27, 1972, January 3, 10, 1973. /s/ Marvin Adams Representative, 74th District
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Sworn to and subscribed before me, this 17th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to authorize the governing authority of Upson County Georgia, to provide for a supplement to the salary of the judge of the superior court and the district attorney of the Griffin Judicial Circuit and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams 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 Thomaston Times which is the official organ of Upson County, on the following dates: December 28, 1972 and January 4, 11, 1973. /s/ Marvin Adams Representative, 74th District Sworn to and subscribed before me, this 17th day of January, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal).
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Georgia, Spalding County. Personally appeared before me, the undersigned officer authorized to administer oaths, Quimby Melton, who, after being duly sworn deposes and says: That he is the Publisher of the Griffin Daily News, said newspaper being the official organ of Spalding County and the newspaper in which the Sheriff's advertisements are printed and carried; and, That the foregoing legislation to supplement the salary of the Judge and the District Attorney of the Griffin Judicial Circuit has been advertised in the Griffin Daily News once a week for three weeks during a sixty day period next preceding the introduction of said bill in the General Assembly of Georgia, as required by the Constitution and laws of said State; and, That the following is a copy of said advertisement in the form and manner in which the same was run as a legal advertisement as aforesaid: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to authorize the governing authority of Spalding County, Georgia, to provide for a supplement to the salary of the judge of the superior court and the district attorney of the Griffin Judicial Circuit and for other purposes. Said advertisement appeared on the 22nd day of December, 1972, the 29th day of December, 1972, and the 5th day of January, 1973. /s/ Quimby Melton Publisher of the Griffin Daily News
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Georgia, Spalding County: Personally sworn to and subscribed before me, this 6th day of Jan., 1973. /s/ Joan (Cassell) Jones Notary Public, State of Georgia. My Commission expires Jan. 31, 1973. (Seal). Approved April 17, 1973. CITY OF WRIGHTSVILLECHARTER AMENDEDLIMIT ON FINES INCREASED, ETC. No. 539 (House Bill No. 712). An Act to amend an Act creating a new charter for the City of Wrightsville, approved August 18, 1923 (Ga. L. 1923, p. 840), as amended particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 2885), so as to raise the the limit on fines imposed by the mayor's court; to change the compensation 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 Wrightsville, approved August 18, 1923 (Ga. L. 1923, p. 840), as amended particularly by an Act approved March 3, 1962 (Ga. L. 1962, p. 2885), is hereby amended by striking from section 19 the following: fine of one hundred dollars or, and inserting in lieu thereof the following: fine of $300.00 or,
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and by striking from Section 19 the following: nine hundred dollars ($900.00), and inserting in lieu thereof the following: $1500.00, and by striking from Section 19 the following: three hundred dollars ($300.00), and inserting in lieu thereof the following: $900.00, so that when so amended section 19 shall read as follows: Section 19. The mayor and council shall have the power to organize a mayor's court and the mayor or acting mayor shall preside therein and shall hold a police court in said city at any time for the trial and punishment of all violators of the ordinances, by-laws, rules and regulations of said city, and shall keep a docket upon which he shall plainly enter all cases and judgments tried or rendered by him, the punishment inflicted not to exceed a fine of $300.00 or imprisonment in the guard house or labor on the chain gang of said city not to exceed ninety days, together with the cost of trial, which judgment may be made in the alternative in the discretion of the mayor. It shall be the duty of such mayor to act as the presiding officer of the council, or the mayor pro tem, in his absence, when in session, and look after the promotion of the peace and good order and the enforcement of ordinances, by-laws, rules and regulations of said city, and upon investigation of the case it should appear that some law of this state has been violated, it shall be the duty of the mayor or acting mayor to commit such offender or offenders to the common jail of Johnson County or cause them to give good and sufficient bond to appear at the next term of the Johnson Superior Court or the City Court of Wrightsville; that the mayor shall receive as compensation the sum of $1500.00 per annum to be paid in equal monthly
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installments out of the common or general funds of said city; provided, however, should the mayor pro tem. be required to serve as much as thirty days continuously, then he is to receive a pro rata amount of said salary for such time and such amount shall be deducted from the mayor's salary unless it should appear that such absence of the mayor is providential. Each councilman shall receive as compensation the sum of $900.00 per annum to be paid in equal monthly installments out of the common funds in the treasury of said city. Fines. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Johnson County To whom it may concern Notice of Local Legislation. Notice is hereby given that a bill will be introduced in the 1973 General Assembly of Georgia to amend the charter of the City of Wrightsville in the following particulars: 1. To provide for a raise in salary for the Mayor and Council of the City of Wrightsville. 2. To provide for an increase in the amount of the fine that may be imposed by the Recorders Court of the City of Wrightsville. This 11th day of December, 1972. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom C. Carr who, on oath, deposes and says that he is Representative from the 90th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wrightsville Headlight which is the official organ of Johnson
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County, on the following dates: December 21, 28, 1972 and January 4, 1973. /s/ Tom C. Carr Representative, 90th District Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. COLUMBUSCHARTER AMENDEDCERTAIN LAND SALE RATIFIED. No. 541 (House Bill No. 721). An Act to ratify, confirm and authorize the sale, by Columbus, Georgia, a consolidated city-county government under the laws of the State of Georgia, of that tract or parcel of land, situate, lying and being in the State of Georgia, County of Muscogee and City of Columbus, bounded on the north by Seventeenth Street, on the south by Linwood Boulevard, on the east by the easterly line of the abandoned Street Railway right-of-way, and on the west by the westerly boundary of the Southern Railroad Company; to remove the restriction for cemetery purposes only; to repeal conflicting laws; and for other purposes. Whereas, a tract or parcel of land, situate, lying and being in the State of Georgia, County of Muscogee and City of Columbus, bounded on the north by Seventeenth Street, on the south by Linwood Boulevard, on the east by the easterly line of the abandoned Street Railway right-of-way, and on the west by the westerly boundary of the Southern Railroad
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Company, was formerly a part of Linwood Cemetery lands, but was cut off from said cemetery by the right-of-way of the Southern Railroad Company and was never used for cemetery purposes; and Whereas, the City of Columbus, Georgia, a consolidated city-county government under the laws of the State of Georgia, has heretofore conveyed its interest in two parcels comprising a portion of said lands, to wit: Columbus, Georgia, to Betty Ann Kattman, dated April 4, 1972, recorded in the office of the Clerk of the Superior Court of Muscogee County, Georgia, in Deed Book 1388, Folio 329; and Columbus, Georgia, to Calvin DesPortes, dated July 7, 1972, recorded in said clerk's office in Deed Book 1404, Folio 368; and Whereas, Columbus, Georgia, a consolidated city-county government under the laws of the State of Georgia, has offered to sell its interest in the remaining parcels composing said tract of land, the said owners thereof having been in peaceable possession of said parcels for more than forty (40) years; and Whereas, the legality of the titles taken to said property by mesne conveyances has been questioned by reason of the fact that said tract, as a part of Linwood Cemetery, was originally granted by the State of Georgia to the City of Columbus for cemetery purposes only. Therefore, be it enacted by the General Assembly of Georgia: Section 1. The restriction or condition, for cemetery purposes only, applicable to that tract or parcel of land, situate, lying and being bounded on the north by Seventeenth Street, on the south by Linwood Boulevard, on the east by the easterly line of the abandoned street Railway right-of-way, and on the west by the westerly boundary of the Southern Railroad Company, is hereby repealed.
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Section 2. The sale by Columbus, Georgia, a consolidated city-county government under the laws of the State of Georgia, of its interest in that tract or parcel of land, situate, lying and being bounded on the north by Seventeenth Street, on the south by Linwood Boulevard, on the east by the easterly line of the abandoned Street Railway right-of-way, and on the west by the westerly boundary of the Southern Railroad Company, to the extent accomplished, is hereby ratified and confirmed, and said city is hereby authorized to make such additional sales as are authorized by the council of said city in accordance with the powers contained in said city's charter. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Columbus, Georgia. Notice is hereby given that application will be made at the Session of the General Assembly of Georgia convening in January, 1973, for the passage of a Bill to remove the restriction for cemetery purposes only, to ratify, confirm and authorize the sale of a portion of Linwood Cemetery, never used for cemetery purposes, and for other purposes. This the 11th day of January, 1973. Albert W. Thompson State Representative District 86, Post 2 Georgia, Muscogee County: Personally appeared before me, a notary public in and for said State and County, Maynard R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper
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once a week for three weeks, to-wit: January 15, 22, 29, 1973. M. R. Ashworth Sworn to and subscribed before me, this the 30th day of January, 1973. /s/ Joseph W. Powell Notary Public, Muscogee County, Georgia My Commission expires Aug. 19, 1975. (Seal). Approved April 17, 1973. COOK COUNTYSHERIFFREIMBURSEMENT FOR EXPENSES OF FEEDING PRISONERS CHANGED. No. 542 (House Bill No. 732). An Act to amend an Act abolishing the mode of compensating the Sheriff of Cook County known as the fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2233), as amended by an Act approved April 24, 1969 (Ga. L. 1969, p. 3400) so as to change the provision relating to reimbursing the sheriff for expenses incurred in 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 abolishing the mode of compensating the Sheriff of Cook County known as the fee system and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2233), as amended by an Act approved April 24, 1969 (Ga. L. 1969, p. 3400), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4, to read as follows:
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Section 4. The sheriff shall have the authority to appoint such deputies, clerical assistants and other personnel as may be necessary to enable him to efficiently and effectively carry out the duties of his office. The compensation of such deputies, clerical assistants and other personnel shall be paid from the funds of Cook County, but the compensation to be paid by the county for all such personnel shall be subject to the approval of the governing authority of Cook County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deupties, clerks, or other personnel and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. The sheriff is charged with the responsibility of feeding all prisoners confined in the county jail. The sheriff shall be reimbursed at a rate of not less than $1.50 nor more than $2.00 per day, per prisoner for the expenses incurred in feeding such prisoners. The exact amount of said reimbursement, within said limitations, shall be fixed by the governing authority of Cook County. Prisoners. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act, as said act is presently amended, changing the mode of compensation for the Sheriff of Cook County, Georgia, from the fee system to the salary system so as to change the limit of the amount that the governing authority of Cook County shall reimburse the Sheriff of Cook County for the expenses incurred in feeding the
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prisoners confined in the County jail; and for other purposes. This 3rd day of January, 1973. Representative Delegation for the 123rd District of the State of Georgia. Georgia, Cook County. Personally appeared before me the undersigned attesting officer, this date came G. C. Patten, who, after first being duly sworn does state and depose under oath that The Adel News is the official publication of Cook County, Georgia, and that he is the publisher of said newspaper; and that the foregoing is a true and correct copy of the advertisement as printed in The Adel News on January 24, 31, February 7, 1973. This 15 day of February, 1973. /s/ G. C. Patten (Seal). Sworn to and subscribed before me this 15th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. COOK COUNTYTAX COMMISSIONERALL FEES, ETC., TO BE PROPERTY OF COUNTY. No. 543 (House Bill No. 733). An Act to amend an Act changing the mode of compensation of the Clerk of the Superior Court, the Ordinary and the Tax Commissioner of Cook County from the fee
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system to a salary system approved April 4, 1967 (Ga. L. 1967, p. 2512), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2496), and an Act approved April 24, 1969 (Ga. L. 1969, p. 3402) so as to provide that all fees, costs or other emoluments of the Tax Commissioner of Cook County shall become the property of the county; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the mode of compensation of the Clerk of the Superior Court, the Ordinary and the Tax Commissioner of Cook County from the fee system to a salary system approved April 4, 1967 (Ga. L. 1967, p. 2512), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2496), and an Act approved April 24, 1969 (Ga. L. 1969, p. 3402), 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. 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 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.
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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, 1973 session of the General Assembly of Georgia a bill to change the commissions received by the Tax Commissioner of Cook County, Georgia; to provide procedure connected therewith and for other purposes. Representative Delegation for the 123rd District of the State of Georgia Georgia, Cook County. Personally appeared before me the undersigned attesting officer, this date came G. C. Patten, who, after first being duly sworn does state and depose under oath that The Adel News is the official publication of Cook County, Georgia, and that he is the publisher of said newspaper; and that the foregoing is a true and correct copy of the advertisement as printed in The Adel News on Jan. 24, 31, Feb. 7, 1973. This the 15th day of Feb., 1973. /s/ G. C. Patten Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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HABERSHAM COUNTYCORONER PLACED ON SALARY, ETC. No. 544 (House Bill No. 745). An Act to abolish the present mode of compensating the coroner of Habersham County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the coroner of Habersham County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Section 2. The coroner shall receive an annual salary of $1,200.00, payable in equal monthly installments from the funds of Habersham County. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the coroner 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
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treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 4. The necessary operating expenses of the coroner's office shall be paid from any funds of the county available for such purpose. All supplies, material, 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 Habersham County. Expenses. Section 5. The provisions of this Act shall become effective on the first day of the month following its approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to change the compensation of the Coroner of Habersham County and for other purposes. This 15th day of January of 1973. H. G. Ritchie Representative, 11th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hubert G. Ritchie 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 Tri-County Advertiser which is the official organ of
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Habersham County, on the following dates: January 18, 25, February 1, 1973. /s/ Hubert G. Ritchie Representative, 11th District Sworn to and subscribed before me, this 16th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF LUMPKINCHARTER AMENDEDCERTAIN PROHIBITION AGAINST USE OF FUNDS REMOVEDREFERENDUM. No. 545 (House Bill No. 762). An Act to amend an Act creating a new charter for the Town of Lumpkin, approved December 18, 1902 (Ga. L. 1902, p. 489, as amended by an Act approved August 14, 1909 (Ga. L. 1909, p. 1066), an Act approved August 20, 1923 (Ga. L. 1923, p. 729), an Act approved August 9, 1929 (Ga. L. 1929, p. 1159), an Act approved March 7, 1960 (Ga. L. 1960, p. 2311), an Act approved March 28, 1961 (Ga. L. 1961, p. 2485), an Act approved April 12, 1963 (Ga. L. 1963, p. 3433), and an Act approved April 10, 1971 (Ga. L. 1971, p. 3505), so as to eliminate the prohibitions against the use of funds of the City of Lumpkin to provide water and sewage service, natural gas, paving, or drainage to certain areas of the city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act creating a new charter for the Town of Lumpkin, approved December 18, 1902 (Ga. L. 1902, p. 489), as amended by an Act approved August 14, 1909 (Ga. L. 1909, p. 1066), an Act approved August 20, 1923 (Ga. L. 1923, p. 729), an Act approved August 9, 1929 (Ga. L. 1929, p. 1159), an Act approved March 7, 1960 (Ga. L. 1960, p. 2311), an Act approved March 28, 1961 (Ga. L. 1961, p. 2485), an Act approved April 12, 1963 (Ga. L. 1963, p. 3433), and an Act approved April 10, 1971 (Ga. L. 1971, p. 3505), is hereby amended by striking in its entirety subsection (b) of section 2(c), which reads as follows: (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. 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 governing authority of the City of Lumpkin to issue the call for an election for the purpose of submitting this Act to the voters of the City of Lumpkin for approval or rejection. The governing authority 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 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 Stewart County. The ballot shall have written or printed thereon the words: () YES () NO Shall an Act amending the charter of the City of Lumpkin so as to eliminate the prohibitions against the use of funds of the City of Lumpkin to provide water and sewage service, natural gas, paving, or drainage to certain areas of the city be approved? Referendum.
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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 Lumpkin. It shall be the duty of the governing authority of the City of Lumpkin to hold and conduct such election. The governing authority 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 the governing authority's 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 1973 Session of the General Assembly of Georgia, a bill to change the Charter of the City of Lumpkin, Georgia; and for other purposes. This the 30th day of January, 1973. Thomas S. Kemp Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Castleberry who, on oath, deposes and says that he is Representative from the 96th 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
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Stewart County, on the following dates: February 1, 8, 15, 1973. /s/ Don Castleberry Representative, 96th District Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. LUMPKIN COUNTYCOMPENSATION OF SHERIFF'S DEPUTIES CHANGED, ETC. No. 546 (House Bill No. 766). An Act to amend an Act placing the Sheriff of Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 4002), so as to change the provisions relative to the compensation of the sheriff's deputies; to provide for additional deputies; to change the provisions relating to the operation and expenses of the sheriff's office; to change the provisions relative to expenses in 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 Lumpkin County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 4002), is hereby
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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 authority to appoint a chief deputy who shall receive an annual salary in an amount not to exceed $7,500.00, and shall have authority to appoint two deputies who shall each receive an annual salary in an amount not to exceed $6,500.00. The selection of such personnel shall be within the exclusive province of the sheriff and shall be his sole responsibility. The sheriff shall also be authorized to employ such additional deputies to assist him in discharging the official duties of his office as deemed necessary by the governing authority of Lumpkin County. The selection of any such personnel deemed necessary shall be within the exclusive province of the sheriff and shall be his sole responsibility. The governing authority shall fix the compensation of such additional deputies and shall fix the salaries of the chief deputy and the other two deputies within the limitations provided above. When so fixed, said salaries shall be payable in equal monthly installments from the funds of Lumpkin County. Deputies. 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 governing authority of Lumpkin County shall furnish the sheriff's office for use on official business such equipment, including motor vehicles, as may be needed for the use of the sheriff's office in performing the duties of that office. The amount, quality and quantity of such equipment and vehicles shall be determined from time to time, depending upon existing conditions and the recommendation of the sheriff, which recommendation shall not be binding upon the governing authority, but advisory only. The sheriff is charged with the responsibility of feeding the prisoners confined in the county jail. The governing authority of Lumpkin County shall reimburse the sheriff for the expenses incurred by the sheriff in feeding such prisoners at the rate of $3.00 per day, per prisoner. Automobiles.
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Section 3. This Act shall become effective July 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 regular 1973 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Lumpkin County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2469), as amended, so as to change the provisions relative to the sheriff's deputies; and for other purposes. This 15th day of January, 1973. Carlton Colwell Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath, deposes and says that he is Representative from the 4th 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 19, 26, February 2, 1973. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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GLYNN COUNTYSTATE COURTSALARY OF CLERK INCREASED ETC. No. 547 (House Bill No. 768). 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 March 27, 1972 (Ga. L. 1972, p. 2962), so as to increase the salaries of the clerk and deputy clerks; to authorize the judge to employ a secretary; to provide a salary for such 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 creating the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2962), is hereby amended by striking section 11 in its entirety and substituting in lieu thereof a new section 11, to read as follows: Section 11. (a) The clerk of said court shall be paid a salary in the amount of $12,000.00 per annum. The chief deputy clerk and each deputy clerk shall be paid a salary of not less than $350.00 nor more than $700.00 per month. There shall be three (3) deputy clerks. The exact amount of the salary of each deputy clerk and the chief deputy clerk shall be fixed by the clerk of said court. The chief deputy clerk shall be charged with the responsibility of keeping the records of the court. The chief deputy shall be appointed by the clerk of said court. Officers. (b) The sheriff of said court shall be paid a salary in the amount of $5,400.00 per annum. His chief deputy shall be paid a salary of $3,750.00 per annum. The senior deputy sheriff shall be paid a salary of $3,300.00 per annum. There shall be three (3) additional senior deputy sheriffs, each of whom shall be paid a salary of $2,700.00 per annum. There shall be two (2) additional deputy sheriffs, hereby designated as junior deputy sheriffs, each of whom shall be paid a salary of $2,400.00 per annum. There shall be
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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. (c) The judge of said court may employ a secretary and shall fix a salary for such secretary of not less than $350.00 nor more than $700.00 per month. Secretary. (d) All of said salaries shall be paid in equal monthly installments out of the treasury of Glynn County. Salaries so paid shall be in full compensation of all services of whatever kind and nature rendered by said clerk, said sheriff, and said deputies, and shall be in lieu of such fees as are now or hereafter allowed the sheriffs, clerks and deputies. All such fees and costs shall be paid over to the treasury of Glynn County. The car allowances set forth in section 11A hereof shall apply to the sheriff and deputy sheriffs without regard to the date of commencement of such officer's service in the sheriff's department. Section 2. This Act shall become effective on July 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, so as to increase the salaries of the clerk and deputy clerks; to authorize the judge to employ a secretary;
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to provide a salary for said secretary; to provide an effective date; to repeal conflicting laws; and for other purposes. This 23rd day of January, 1973. Eston A. Harden Representative 128th District Charles W. Rogers Representative 128th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles W. Rogers who, on oath, deposes and says that he is Representative from the 128th 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 24, 31, February 7, 1973. /s/ Charles W. Rogers Representative 128th District Sworn to and subscribed before me this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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CANDLER COUNTYSTATE COURTCOMPENSATION OF JUDGE AND SOLICITOR CHANGED. No. 548 (House Bill No. 770). 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), an Act approved March 23, 1960 (Ga. L. 1960, p. 3310), and by an Act approved April 5, 1971 (Ga. L. 1971, p. 3131), 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), an Act approved March 23, 1960 (Ga. L. 1960, p. 3310), and by an Act approved April 5, 1971 (Ga. L. 1971, p. 3131) is hereby amended by striking from section 5 the following: three thousand, two hundred fifty ($3,250.00) dollars a, and inserting in lieu thereof the following: $4,250.00 per, so that when so amended section 5 shall 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 been a practicing attorney for at least three years, and must have resided in Candler County for at least one year immediately
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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 $4,250.00 per year, which shall be paid monthly out of the treasury of depository of Candler County, as other current expenses are paid, by the Board of Commissioners 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 from section 6 the following: two thousand, seven hundred fifty ($2,750.00) dollars, and inserting in lieu thereof the following: $3,750.00, so that when so amended section 6 shall 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 $3,750.00 per year, which shall be paid in the same manner
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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 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 1973 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 January 30, 1973. /s/ J. Carl Daughtry Chairman, Board of Commissioners of Candler County, Georgia.
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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 92nd 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 1, 8, 15, 1973. /s/ Hines L. Brantley Representative 92nd District Sworn to and subscribed before me this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TALBOT COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED. No. 549 (House Bill No. 775). 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 30, 1971 (Ga. L. 1971, p. 2663), 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:
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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 30, 1971 (Ga. L. 1971, p. 2663), is hereby amended by striking from section 5 the following: six thousand six hundred ($6,600.00) dollars per annum and inserting in lieu thereof the following: seven thousand five hundred ($7,500.00) dollars per annum 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 and all other taxes except State, professional, poll and special taxes, a salary of seven thousand five hundred ($7,500.00) 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. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to amend an Act creating the office of tax commissioner of Talbot County, approved March 6, 1939 (Ga. L. 1939, p. 730), as amended so as to change the compensation
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of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 29th day of January, 1973. Tom Buffington Freeman Montgomery William Huff County Commissioners of Talbot County 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 66th 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: February 1, 8, 15, 1973. /s/ Claude A. Bray, Jr. Representative 66th District Sworn to and subscribed before me this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TALBOT COUNTYEXPENSE ALLOWANCE OF SHERIFF CHANGED. No. 550 (House Bill No. 776). An Act to amend an Act placing the sheriff of Talbot County on an annual salary, approved March 30, 1965 (Ga. L.
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1965, p. 2869), as amended by an Act approved February 18, 1966 (Ga. L. 1966, p. 2408), an Act approved March 21, 1968 (Ga. L. 1968, p. 2502), and an Act approved March 30, 1971 (Ga. L. 1971, p. 2665), so as to change the expense allowance 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 Talbot County on an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2869), as amended by an Act approved February 18, 1966 (Ga. L. 1966, p. 2408), an Act approved March 21, 1968 (Ga. L. 1968, p. 2502), and an Act approved March 30, 1971 (Ga. L. 1971, p. 2665), is hereby amended by striking from section 2, the following: $10,400.00, and inserting in lieu thereof: $12,800.00, so that when so amended section 2 shall read as follows: Section 2. In addition to the salary provided herein before, the sheriff shall receive $12,800.00 per annum as an expense allowance for the office of sheriff and jailer of Talbot County. The expense allowance provided for in this section shall include all costs of feeding prisoners in the county jail, salaries of deputies, expense of providing, operating and maintaining automobiles and all other equipment, materials, supplies and items of whatever kind or nature necessary to conduct, administer and operate the office of sheriff and jailer of Talbot County. This expense allowance shall be paid in twelve equal monthly installments. The sheriff shall select and appoint all deputies and fix their compensation at the rate of not less than $200.00 per month. Expenses. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved
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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 1973 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Talbot County on an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2869), as amended, so as to change the expense allowance of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. This 29th day of January, 1973. Tom Buffington Freeman Montgomery William Huff County Commissioners of Talbot County 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 66th 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: February 1, 8, 15, 1973. /s/ Claude A. Bray, Jr. Representative 66th District
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Sworn to and subscribed before me this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF TOCCOACHARTER AMENDEDCOMPENSATION OF MAYOR PROVIDED, ETC. No. 551 (House Bill No. 787). 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 authorizing the Board of Commissioners of the City of Toccoa, Georgia to fix their compensation and to establish in lieu thereof the compensation of said commissioners to include the Mayor and Vice-Mayor; 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, p. 994), as amended, is hereby amended by striking the last sentence of section 12 and substituting therefor the following language: The Mayor of the City of Toccoa, Georgia shall be compensated for his services the sum of not more than $300.00 per month. The Vice-Mayor of the City of Toccoa, Georgia shall be compensated for his services the sum of
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not more than $250.00 per month. The Commissioner of the City of Toccoa not named as the Mayor or the Vice-Mayor shall be compensated for his services not more than $200.00 per month. so that when so amended section 12 shall read as follows: The City Commission thus elected and organized shall be strictly a legislative body. The 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. The Mayor of the City of Toccoa, Georgia shall be compensated for his services the sum of not more than $300.00 per month. The Vice-Mayor of the City of Toccoa, Georgia shall be compensated for his services the sum of not more than $250.00 per month. The Commissioner of the City of Toccoa not named as the Mayor or the Vice-Mayor shall be compensated for his services not more than $200.00 per month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to establish the Compensation to be paid to the Commissioners of the City of Toccoa including the Mayor and Vice-Mayor, and for other purposes. This 30th day of January, 1973. Georgia, Fulton County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Jack Irvin 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
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Piedmont Herald which is the official organ of Stephens County, on the following dates: February 1, 8, 15, 1973. /s/ Jack Irvin Representative 10th District Sworn to and subscribed before me this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF HAMILTONCHARTER AMENDEDPROVISIONS FOR ELECTIONS MADE, ETC. No. 552 (House Bill No. 789). An Act to amend an Act creating a new charter for the City of Hamilton, approved March 10, 1964 (Ga. Laws 1964, p. 2601), as amended by an Act approved April 6, 1967 (Ga. L. 1967, p. 2716), so as to provide that all elections in said city shall be conducted in conformity with the Georgia Municipal Election Code; to change the terms of office of the Mayor and Council; to provide for staggered terms; to change the date on which city taxes shall become due and payable; 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 Hamilton, approved March 10, 1964, (Ga. L. 1964, p. 2601), as amended by an Act approved April 6, 1967 (Ga. L. 1967, p. 2716), is hereby amended by striking section 6
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in its entirety and inserting in lieu thereof a new section 6, to read as follows: Section 6. On the second Saturday in November, 1973, and annually thereafter, on the same day in the same month, and election shall be held in said city. Said election shall be held in conformity with the provisions of the Georgia Municipal Election Code and under such supervision, rules and regulations as the Council may prescribe. At the election held on the second Saturday in November, 1973, and biennially thereafter, the Mayor and two Councilmen shall be elected for a term of two (2) years, and two Councilmen shall be elected for a term of one (1) year. At the election held on the second Saturday in November, 1974, and biennially thereafter, two Councilmen shall be elected for a term of two (2) years. Elections. Section 2. Said Act is further amended by striking section 23 in its entirety and inserting in lieu thereof a new section 23, to read as follows: Section 23. The taxes of said city shall fall due on October 1st of each year, and tax executions shall be issued against all persons who have not paid their taxes by December 20th of each year. All tax executions shall be signed by the clerk and bear teste in the name of the Mayor of said city. The marshal 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, Section 92-4301, etc., and 92-4401. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Harris County. Notice is given of intention to introduce in the Georgia General Assembly at the 1973 Session a bill to amend the
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charter of the City of Hamilton as enacted by Ga. L. 1964, p. 2601, as amended and for other purposes. This 29th day of January, 1973. Henry T. Crye, Mayor City of Hamilton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hoyt Admas 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 Harris County Journal which is the official organ of Harris County, on the following dates: February 1, 8, 15, 1973. /s/ Hoyt Adams Representative 84th District Sworn to and subscribed before me this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires December 18, 1976. (Seal). Approved April 17, 1973 DeKALB COUNTY ELECTION LAWS STUDY COMMITTEE CREATED. No. 553 (House Bill No. 790). A Resolution. Creating the DeKalb County Election Laws Study Committee; and for other purposes.
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Whereas, a bill is currently pending in the House of Representatives relative to the Election Board of DeKalb County; and Whereas, this bill and other matters relative to elections in DeKalb County and the registration of electors of said County should be thoroughly studied and considered before further legislative action is taken. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the DeKalb County Election Laws Study Committee to be composed of 10 members as follows: (a) One member elected by the Republican Party of DeKalb County. (b) One member elected by the Democratic Party of DeKalb County. (c) One member of the House of Representatives who shall be a Republican elected by the Republican members of the House whose districts lie wholly or partially within DeKalb County. (d) One member of the House of Representatives who shall be a Democrate elected by the Democratic members of the House whose districts lie wholly or partially within DeKalb County. (e) One member of the Senate who shall be a Republican elected by the Republican members of the Senate whose districts lie wholly or partially within DeKalb County. (f) One member of the Senate who shall be a Democrat elected by the Democratic members of the Senate whose districts lie wholly or partially within DeKalb County. (g) One member of the Board of Elections of DeKalb County, other than the Chairman, elected by said Board of Elections.
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(h) One member of the Board of Registrars of DeKalb County, other than the Chief Registrar, elected by said Board of Registrars. (i) The Chief Registrar of DeKalb County, ex officio. (j) The Manager of the Data Center of DeKalb County, ex offico. Be it further resolved that the Chief Registrar of DeKalb County is hereby authorized and directed to call the organizational meeting of the Committee which shall be held not later than May 5, 1973. It shall be the duty of the authorities electing members of the Committee, as provided herein, to elect such members by not later than May 1, 1973. At the organizational meeting of the Committee, a Chairman shall be elected from the Committee's own membership by a majority vote of the total membership of the Committee. Except for the purpose of electing a Chairman, seven members shall constitute a quorum for the transaction of business. The Committee may elect such other officers from its own membership as it deems necessary and appropriate and may otherwise provide for its own governance. Be it further resolved that the Committee shall make a thorough study of any proposed legislation affecting the Board of Elections of DeKalb County and such other matters relative to elections and the registration of electors in DeKalb County as the Committee may deem appropriate. Be it further resolved that the members of the Committee shall serve without compensation and shall not be reimbursed for expenses incurred by them in the performance of their duties. Be it further resolved that the Board of Commissioners of DeKalb County and the departments and agencies of the DeKalb County government are hereby authorized and directed to cooperate with and otherwise assist the
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Committee in carrying out its duties and responsibilities under this Resoluton. Be it further resolved that the Committee shall report its findings and recommendations to the members of the General Assembly whose Representative or Senatorial Districts lie wholly or partially within DeKalb County and to the Board of Commissioners of DeKalb County and the Chief Judge of the Superior Court of DeKalb County by not later than December 1, 1973, on which date the Committee shall stand abolished. Approved April 17, 1973. COBB COUNTYSTATE COURTCOURT REPORTERS AUTHORIZED, ETC. No. 554 (House Bill No. 795). 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), an Act approved April 1, 1969 (Ga. L. 1969, p. 2460), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3605), so as to authorize the judges of said state court to employ full time official court reporters; to fix their compensation for their attendance upon the said state court for the taking down of criminal felony committal hearings and such other matters as the judges of the said state court may direct; to provide for definite and uniform compensation to be paid to court reporters for the preparation of transcripts in civil and criminal matters in the said state court; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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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 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 5, 1971 (Ga. L. 1971, p. 3605) is hereby amended by striking subsections (g), (h) and (i) of section 27 in their entirety and inserting in lieu thereof new subsections (g), (h) and (i) to read as follows: (g) The judges of the said state court shall have the power to appoint, and at pleasure remove, an official court reporter for each judge. Such official reporters shall be sworn in open court faithfully to perform all the duties required of them by the judges of said court, and 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 the said official reporters is hereby fixed at $9,600.00 per annum. Such compensation shall be paid in equal monthly installments by the authority having charge of the fiscal affairs of Cobb County in the same manner as other county expenses are paid or upon the order of the presiding judges of the said state court, same being for attendance in court as directed by said judges and for the taking down of such criminal felony committal hearings as are required by law to be reported. Court reporters. (h) In addition to the above salaries, such official court reporters of the State Court of Cobb County shall be compensated by the requesting party in misdemeanor cases at a rate not to exceed twenty cents ($.20) per one hundred words for takedown. For the preparation of criminal trial transcripts the said official reporters shall be compensated for each legal page 8[Prime] [times] 14[Prime], having thereon at least 23 lines, the sum of sixty cents ($.60) per page for each transcript copy required, and said compensation shall be paid by the authority having charge of the fiscal affairs of Cobb County upon order of the presiding judges. Such reporters
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shall be compensated the further sum of thirty cents ($.30) per page for each 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 in civil cases at a rate not to exceed twenty cents ($.20) per one hundred words for takedown and fifty-five cents ($.55) per legal page 8[Prime][times]14[Prime], having thereon at least 23 lines, for each transcript copy 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 ($.30) per page of such transcript. In all transcripts an exhibit page shall be compensated for at the same rate as the transcript pages, or the actual cost of reproducing such exhibit, whichever is greater, regardless of the number of lines involved, provided the cost of reproducing an exhibit, whether by carbon, photostatic or photographic means, shall be borne by the court reporter. 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-March 1973 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.
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This 20th day of December, 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger G. Robert Howard Travis Duke A. L. Burruss 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 21st 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 19, 26, February 2, 1973. /s/ George H. Kreeger Representative 21st District Sworn to and subscribed before me this 14th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976 (Seal). Approved April 17, 1973.
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PAULDING COUNTYFIRE PREVENTION DISTRICTS AUTHORIZED, ETC.REFERENDUM. No. 555 (House Bill No. 796). An Act to provide that the Commissioner of Paulding County may establish fire prevention districts; to provide for an election for a determination as to a tax levy in such districts; to provide the procedure connected therewith; to provide for the borrowing of money for capital investment by the county or the fire prevention district; 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 Commissioner of Paulding County shall be authorized to establish and administer, within the bounds of the County of Paulding, districts for fire prevention. In establishing such a district, the Commissioner may prescribe such boundaries for said district from time to time, as the Commissioner shall deem advisable. After it has been ascertained as to the desired boundaries of said district, the Commissioner shall pass a resolution which shall contain said description of each said district. Districts. Section 2. The Commissioner shall then pass an order, directed to the Ordinary of Paulding County, to which shall be attached a copy of the aforesaid resolution, directing him to issue the call for an election in said district for the purpose of determining whether taxes shall be levied in such districts for fire prevention purposes. Section 3. Not less than ten days after the receipt of the aforesaid resolution, the Ordinary of Paulding County shall issue the call for an election for the purpose of determining whether taxes shall be levied in each such fire prevention district for fire prevention purposes. The date of each such election shall be set for a day not less than thirty nor more than forty-five days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date
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thereof in the official organ of Paulding County. It shall be the duty of the ordinary to compile a list of voters for each fire prevention district established as aforesaid; and only those voters who are duly registered to vote in the general election and whose residence is inside the boundaries of said fire district shall be qualified to vote. The ballot shall have printed thereon the words: () YES () NO Shall the Act providing for the levy of taxes not to exceed seven mills for fire prevention purposes be approved? Referendum. All persons desiring to vote in favor of such levy shall vote Yes, and those persons desiring to vote for rejection of such levy shall vote No. If more than one-half of the vote shall be for approval in such election, then the Commissioner of Paulding County shall be authorized to levy such taxes in that district, otherwise, no such taxes shall be levied in that district. The votes in each fire prevention district shall be counted separately, and the votes in each district shall determine whether such taxes be levied in each particular district. Section 4. The Ordinary of Paulding County is hereby authorized to employ the necessary help in compiling the aforesaid list of voters for each district and in conducting such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. The expense of such election shall be borne by Paulding County. Section 5. In any fire prevention district which votes for levying such taxes, the Commissioner of Paulding County may levy upon to seven mills on the property located in such district. The homestead exemption granted by Article VII, Section I, Paragraph IV, of the Constitution of Georgia and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of such taxes. The funds collected under this levy shall be used for fire prevention purposes in the fire prevention district only in
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which such funds are collected and not in any other fire prevention district in Paulding County. Tax levy. Section 6. The Commissioner of Paulding County is hereby authorized to formulate rules and regulations relative to the establishment and administration of such fire prevention districts as it deems necessary. The Commissioner of Paulding County shall have the authority to consolidate and merge two or more fire districts if the same millage for fire protection is levied within such districts. Rules. Section 7. The Commissioner of Paulding County is hereby authorized to borrow such sums as are necessary in their discretions to effectuate the purposes and construct and maintain the projects hereinbefore authorized, to execute evidence of indebtedness therefor and to secure the payment of such indebtedness by the pledge of tax revenues authorized hereunder therefor, provided, that the area of any fire prevention district within which authorized taxes are pledged as security for any indebtedness shall not be reduced in size or altered in any manner until such indebtedness shall have been paid. Loans. Section 8. (a) The Commissioner shall have the power within his discretion after the establishment of any fire prevention district to delineate and delete portions of such fire prevention district that may have been encompassed into a municipality subsequent to the creation of such fire prevention district whereby fire protection is provided to the involved area by such municipality, and the further authority to delineate and delete portions of any established, or hereafter established, fire prevention district, all within the sound discretion of the Commissioner. Discretion. (b) The Commissioner shall have the further power and authority to include additional contiguous areas to any previously created fire prevention district upon the approval of the people in the area to be annexed under the same procedures and methods provided in this Act for the initial creation of any fire prevention district.
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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 1973 session of the General Assembly of Georgia, a bill to provide for the governing authority of Paulding County to 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; and for other purposes. This 28th day of December, 1972. Bagby, Fudger Foster, Attorneys Paulding County. Georgia, Paulding County. Personally appeared before me, a Notary Public within and for above State and County, T. E. Parker who, on oath, deposes and says that he is the publisher of the Dallas New Era which is the official organ of Paulding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 11, 18 and 25 and February 1 and 8, 1973. /s/ T. E. Parker Publisher Sworn to and subscribed before me, this 8th day of February, 1973. /s/ Brenda E. Womack Notary Public, Georgia State at Large. My Commission Expires Jan. 2, 1976. (Seal). Approved April 17, 1973.
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PAULDING COUNTYORDINANCE ADOPTION AUTHORIZED, ETC. No. 556 (House Bill No. 797). An Act to amend an Act creating the office of Commissioner of Paulding County, approved March 6, 1962 (Ga. L. 1962, p. 3059), as amended, so as to carry out the purpose of the amendment to Article XV, Section II of the Constitution of the State of Georgia of 1945, approved April 5, 1972, and ratified at the general election held November 7, 1972, by empowering said commissioner of Paulding County, Georgia, to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States, for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof, and for the implementation and enforcement of all duties and powers now or hereafter vested in said commissioner as the governing authority of Paulding County, Georgia, within the classes of subjects and areas of regulations set forth in this Act; to empower said commissioner to control and regulate the operation of bicycles, automobiles, mortorcycles, motor scooters, buses, taxicabs, trucks, wagons and any and all kinds of vehicles operated in, upon, over and across the roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and other public places in said county outside the corporate limits of municipalities situated therein; to authorize said commissioner to regulate and control traffic, parking, size and weight of vehicles, parades and motorcades, public address systems, reckless operation of vehicles, pedestrian travel, registration of vehicles and owners and standards of mechanical safety and qualifications of owners and operators on such streets, roads and public places; to authorize said commissioner to adopt as county ordinances provisions of the Uniform Act Regulating Traffic on Highways (Ga. L. 1953, Nov.-Dec. Sess., p. 556); to provide for regulation and control of county rights-of way and property; to authorize said commissioner to adopt ordinances for the promotion of health and quarantine in the unincorporated areas of said county not inconsistent
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with general laws or regulations of the State Department of Human Resources or the Paulding County Board of Health; to empower said commissioner to prevent and regulate the keeping of animals and the running at large of animals in the unincorporated area of said county, including the impounding of animals found in violation of such ordinances; to empower said commissioner to levy and collect a tax upon dogs kept in said county and to provide for registration of dogs; to empower said commissioner to prescribe penalties and punishment for violation of zoning ordinances, building codes and all other lawful ordinances adopted by said commissioner pursuant to this or any other law in force in said county; to empower said commissioner to provide for the preservation and protection of county property and equipment and the use of county facilities by the public; to empower said commissioner to prescribe fire safety regulations, to empower said commissioner to prohibit or regulate the erection of signs, billboards, trees, buildings and all other structures or obstructions upon or adjacent to rights-of-way of streets and roads in the unincorporated area of said county; to empower said commissioner to adopt ordinances for the prevention of idleness, vagrancy, disorderly conduct, public drunkenness, disturbing the peace, playing of lotteries in the unincorporated area of said county and all other offenses to the peace, good order and dignity of said county which do not constitute offenses against the laws of this State; to empower said commissioner to prescribe penalties and/or punishment for the violation of any such ordinances within the limits prescribed by this Act; to empower the superior court of Paulding County, Georgia, or other court charged with jurisdiction over offenses against county ordinances to hear and dispose of all cases arising out of the violation of any such ordinances; to provide regulations for connecting to public sewage; to authorize business licenses and taxes; to authorize ordinances to protect county rights-of-way; to authorize minimum housing codes and their enforcement; to regulate quasi-public activities; to promulgate emergency rules and regulations; to authorize the enforcement of ordinances; to vest in said commissioner the power to accomplish and enforce all or any of the
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powers granted by this Act or otherwise by laws; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In conformity with an amendment of Article XV, Section II of the Constitution of the State of Georgia of 1945, approved April 5, 1972, and ratified at the general election held November 7, 1972, the Act creating the office of commissioner of Paulding County, approved March 6, 1962 (Ga. L. 1962, p. 3059), as amended, is hereby amended by adding two sections to be known and designated as section 10A and section 10B, to be inserted between section 10 and section 11 of said Act, and to read as follows: Section 10A. In addition to all powers enumerated in the preceding section 10 of this Act, or elsewhere herein, or otherwise by law provided, permitted or allowed, the governing authority, the commissioner of Paulding County, Georgia, is hereby empowered to adopt all such ordinances and regulations as it may deem advisable, not in conflict with the general laws of this State and of the United States, for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof, and for the implementation and enforcement of all duties and powers now or hereafter vested in said commissioner as the governing authority of Paulding County, Georgia, within the classes of subjects and areas of regulation enumerated below and as the same may from time to time hereafter be amended, and to provide penalties for violations of such ordinances within the limits hereinafter stated: Authority. (1) To control and regulate the operation of and running of bicycles, automobiles, motorcycles, motor scooters, buses, taxicabs, trucks, wagons and any and all kinds of vehicles operated in, upon, over and across the roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and other public places in said county, outside the corporate limits of municipalities situated therein, whether such vehicles are propelled by hand, foot, animal, steam, electric, gasoline or
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other motive power; to prescribe and fix speed limits and speed zones for all of the enumerated vehicles, to erect stop and warning signs and signals at dangerous intersections or places, at schools or other public places; to prescribe and establish lanes and directional signs, signals and markings to control the direction of flow of traffic for all such vehicles, including limitation of travel to one direction and including markings, signals and devices to control and regulate the manner of turning at intersections; to regulate and control, as well as to prohibit entirely, the parking, stopping and standing of all such vehicles on or adjacent to such streets and public places; to control to the extent not prohibited by the laws of the State of Georgia the use of county rights-of-way, easements and property by any firm, corporation, utility, or association, including the power to grant, prohibit, or regulate, as well as the power to grant franchises for the use thereof upon such terms as the governing authority may by ordinance prescribe; to impound such vehicles involved in violations of traffic ordinances or regulations; to restrict and limit the size and weight of all such vehicles operated on such streets and public places, to regulate and establish routes to be followed by trucks and other heavy or slow-moving vehicles; to regulate and control, by permits or otherwise, and to prohibit entirely the times, routes and manner of conduct of parades, motorcades and other assemblages of all such vehicles, and public address systems or other noise-making devices on such streets and public places, to regulate and control the manner of operation of all such vehicles along, over and across all such streets and ways so as to prohibit and prevent the careless and reckless operation of same in such manner as would be hazardous to persons or property; to regulate and control in any and all of the foregoing respects all travel by pedestrians and equestrians along, over and across such streets, ways and other public places; and to do any and all things to provide for the safety of persons and property using such roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and other public places and of persons and property situated adjacent thereto; and any and all things necessary or incident to accomplishment of any of the foregoing powers, including the authority to require registration of the enumerated vehicles and of their owners and to prescribe standards
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of mechanical safety for such vehicles and qualifications of operators thereof; to provide for regulation of business licenses in all unincorporated areas. To carry out all or any of the foregoing powers, said commissioner is hereby empowered to adopt as county ordinances all or such portions of the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. L. 1953, Nov.-Dec. Sess., p. 556), as now or hereafter amended, as to said commissioner may seem appropriate and the superior court of Paulding County may punish for violations thereof by fines and/or imprisonment not to exceed those set forthe in said Act or in this Act or in the ordinances adopting same, and said commissioner may adopt such other and additional ordinances and regulations, not in conflict with said Uniform Act and prescribe punishment for violation of same not to exceed the limits set forth in this Act. (2) To adopt rules and regulations for the promotion of health and quarantine in the unincorporated areas of said county, as are authorized by law or not inconsistent with general laws or regulations of the State Department of Human Resources or the Paulding County Board of Health, and to prescribe penalties and punishment for violations thereof, within the limits prescribed by this Act; to provide for the implementation of said health laws through the ordinances of said commissioner, and to further promote adequate health and quarantine provisions in said county in addition to those otherwise provided by law, and to this end said commissioner is authorized to adopt all or any portion of the regulations of said Paulding County Board of Health, as the same may be amended from time to time, and to prescribe additional regulations not inconsistent therewith, and to prescribe penalties and punishment, within the limits permitted by this Act, for violation of any such ordinances and regulations, which penalties and punishments may be enforced and imposed by the superior court of Paulding County, or other court having jurisdiction over offenses against county ordinances. Said health and quarantine powers shall extend to and embrace the health and quarantine of animals as well as persons.
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(3) To prevent dogs, horses, mules, cattle, hogs, sheep, goats, chickens and all other animals, or any one or more kinds of such animals, from running at large in the unincorporated area of said county; to prevent the keeping of any animal or animals or to regulate the manner and numbers in which they may be kept; to take up and impound any of such animals and to punish all owners or other persons keeping animals for failure or refusal to obey any such ordinance and to fix penalties and charges to be paid for release of such impounded animals; to provide for the sale or disposition of unclaimed animals impounded; to levy and collect a tax or license fee upon dogs kept in said county and to provide for registration of dogs; and to do any and all things necessary to carry out the purposes of this Section for the public interest. (4) To prescribe penalties and punishment within the provisions of this Act for the violation of zoning ordinances, building codes (including electrical, plumbing, heating, and air conditioning regulations) and all other lawful ordinances adopted by said commissioner pursuant to this or any other law in force in said county. (5) To provide ordinances for the preservation and protection of county property and equipment and the administration and use of county facilities, such as parks, playgrounds and swimming pools, by the public, and to prescribe penalties and punishment for violations thereof. (6) To prescribe fire safety regulations in the Paulding County fire districts not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof. (7) To prohibit or regulate and control the erection and/or maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads within the unincorporated area of said county, and to prescribe penalties and punishment for violation of such ordinances.
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(8) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness and disturbing the peace in the unincorporated area of said county and to prohibit the playing of lotteries therein, and to prohibit or regulate such other conduct and activities within said area of Paulding County which, while not constituting an offense against the general law of this State, is deemed by said commissioner to be detrimental and offensive to the peace, good order and dignity of Paulding County and to the welfare and morals of the citizens thereof. (9) To provide rules and regulations providing or requiring property owners to connect to public sewage and/or requiring a service charge for such service. (10) To authorize the governing authority of Paulding County to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of said county outside the incorporated limits of the municipalities therein; to license and regulate taxicabs for hire in such unincorporated areas of said county; to classify businesses and business enterprises in unincorporated areas and to assess different license fees and taxes against different classes of businesses in unincorporated areas; to license all businesses and business enterprises in such areas of interest and welfare of citizens in unincorporated areas of said county, and prescribe rules and regulations concerning same, excepting from the application of these provisions only those businesses which are subject to regulation by the State Public Service Commission; to authorize the governing authority to provide that the violation of any license fee or tax prescribed from any business shall constitute a misdemeanor which, upon conviction, shall be punishable as for a misdemeanor, as defined by the laws of the State of Georgia. (11) To provide ordinances for the protection of county rights-of-way, including, but not limited to, prohibiting the dumping of trash, debris, or litter thereon, the cutting of ditches, drains or excavations, on said road rights-of-way;
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to prescribe penalties and punishment within the provisions of this Act for the violation of such ordinances. (12) To provide ordinances for minimum housing for the health and safety of the public in areas not providing same; the power to require that abandoned or unsafe structures be repaired, demolished, or removed, including the removal of abandoned, junk automobiles or other property which shall become a safety or health hazard. (13) To provide rules and regulations governing quasi-public services, such as garbage collections, wrecker service, ambulance service, taxicabs, or other public conveyance, and other activities that concern the public welfare and safety, including the power to operate and maintain such agencies for the welfare and safety of Paulding County in unincorporated areas. (14) To provide for a declaration of a state of emergency and prescribe and initiate emergency powers for the protection of persons and property. (15) All persons, firms, associations, utilities, and corporations, whether public or private, shall be subject to the terms of said ordinances of Paulding County within its jurisdication unless expressly excluded herein and the governing authority shall have the power to enforce such ordinances by civil action, or injunction, or as otherwise provided herein. Section 10B. The commissioner of Paulding County is hereby authorized and empowered to adopt ordinances prescribing penalties and/or punishment for violation of any and all ordinances adopted by said commissioner to carry out any of the provisions of the foregoing Section 10A or the provisions of any other law, and to prescribe minimum and maximum penalties and/or punishment for violation of same so that such violation shall constitute a misdemeanor which, upon conviction, shall be punishable as for a misdemeanor, unless such ordinance shall provide for a lesser penalty.
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Section 2. The commissioner, the governing authority of Paulding County, is hereby vested with all powers necessary and incident to accomplishment and enforcement of any of the foregoing powers and duties. Powers. 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 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. All laws and parts of laws in conflict with this Act are hereby repealed. Section 5. An Act creating the office of commissioner of Paulding County, approved March 6, 1962 (Ga. L. 1962, p. 3059), as amended, is hereby readopted and ratified as of the dates said Act and amendments thereto were approved. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to empower the governing authority of Paulding County to enact ordinances for policing and governing 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
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or other courts established by the General Assembly; and for other purposes. This 28th day of December, 1972. Bagby, Fudger Foster Attorneys, Paulding County Georgia, Paulding County. Personally appeared before me, a Notary Public within and for above State and County, T. E. Parker who, on oath, deposes and says that he is publisher of the Dallas New Era which is the official organ of Paulding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 11, 18 and 25 and February 1 and 8, 1973. /s/ T. E. Parker Publisher Sworn to and subscribed before me, this 8th day of February, 1973. /s/ Brenda E. Womack Notary Public, Georgia State at Large. My Commission Expires Jan. 2, 1976. (Seal). Approved April 17, 1973. CITY OF DALLASCHARTER AMENDEDRECORDER'S COURT. No. 557 (House Bill No. 798). An Act to amend an Act creating a new charter for the City of Dallas in the County of Paulding, State of Georgia, approved March 16, 1956 (Ga. L. 1956, p. 2947), as
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amended, particularly by an Act approved March 14, 1966 (Ga. L. 1966, p. 3386), so as to change the powers of the officer of the recorder's court with respect to penalties, contempt provisions and court cost; 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 Dallas in the County of Paulding, State of Georgia, approved March 6, 1956 (Ga. L. 1956, p. 2947), as amended, particularly by an Act approved March 14, 1966 (Ga. L. 1966, p. 3386), is hereby amended by striking from subsection (c) of Section 19 the following: $25.00, and inserting in lieu thereof the following: $100.00, and by striking therefrom the following: ten (10) days, and inserting in lieu thereof the following: thirty (30) days, so that when so amended, subsection (c) shall read as follows: (c) The presiding officer, when sitting as such court, shall have the power and authority to punish for contempt by fine not exceeding $100.00 and imprisonment in the prison of said city not to exceed thirty (30) days, either or both, in the discretion of said court. Section 2. Said Act is further amended by striking from subsection (d) of section 19 the following: $100.00,
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and inserting in lieu thereof the following: $500.00, and by striking therefrom, wherever the same shall appear, the following: thirty (30) days, and inserting in lieu thereof the following: ninety (90) days, and by striking therefrom the following: $15.00, and inserting in lieu thereof the following: $50.00, so that when so amended, subsection (d) shall read as follows: (d) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding $500.00 and to imprisonment in the prison of said city or in the common jail of Paulding 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 shall not exceed $50.00 per case and shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced
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in the same manner as ad valorem tax executions are enforced. 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 1973 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Dallas, the title to such bill to be as follows: An Act to amend an Act establishing a new Charter for the City of Dallas, approved March 6, 1956 (Ga. L. 1956, p. 2947) and the several Acts amendatory thereof and for other purposes. This 28th day of December, 1972. W. A. Foster, III Attorney, City of Dallas Georgia Paulding County. Personally appeared before me, a Notary Public within and for above State and County, T. E. Parker who, on oath, deposes and says that he is the publisher of the Dallas New Era which is the official organ of Paulding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 11, 18 and 25 and February 1 and 8, 1973. /s/ T. E. Parker Publisher Sworn to and subscribed before me, this 8th day of February, 1973. /s/ Brenda E. Womack Notary Public, Georgia State at Large. My Commission Expires Jan. 2, 1976. (Seal). Approved April 17, 1973.
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RICHMOND COUNTYANIMAL CONTROLPENALTY PROVIDED FOR VIOLATION. No. 559 (House Bill No. 802). An Act to amend an Act creating a board of commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3327), so as to provide a penalty for the violation of regulations relating to animal control; 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 Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3327), is hereby amended by adding before section 4 a new section, to be known as section 3C, to read as follows: Section 3C. Any person, firm, partnership or corporation violating any rule or regulation established by the board of commissioners under the authority of this law for the protection of the general public in the control of animals, not in conflict with the general laws of this State or the United States, shall be guilty of a misdemeanor. Penalty. 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 1973 Session of the General Assembly of Georgia, the necessary legislation to amend an Act creating a board of commissioners of Richmond County, approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved March 21, 1970, (Ga. L. 1970, p. 3327),
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so as to provide a penalty for the violation of regulations relating to animal control, and for other purposes. Board of Commissioners of Richmond County By: D. Landrum Harrison County Attorney 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 the Southeastern Newspaper Corporation, publisher of the Augusta Herald, a Daily Newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies 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 December 29, 1972, January 5 and 12, 1973. /s/ William S. Morris, III President Southeastern Newspaper Corporation Publisher of the Augusta Herald, Augusta, Richmond County, Georgia. Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Jean S. Brinson Notary Public, Richmond County, Georgia My Commission Expires June 30, 1974. (Seal). Approved April 17, 1973.
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RICHMOND COUNTYELECTED OFFICIALS AUTHORIZED TO REQUEST MERIT SYSTEM STATUS FOR THEIR EMPLOYEES. No. 560 (House Bill No. 803). An Act to amend an Act creating a merit system in Richmond County for the employees of Richmond County, approved April 7, 1972 (Ga. L. 1972, p. 3912), so as to provide that any elected official may request that his employees be placed under said merit system; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a merit system in Richmond County for employees of Richmond County approved April 7, 1972 (Ga. L. 1972, p. 3912), is hereby amended by adding the following to section 1(b): However, any elected official may request that his employees be placed under said merit system. All rules and regulations of said merit system shall apply to these employees, including the provisions of the Tenure Act of Richmond County., so that when so amended, section 1(b) shall read as follows: (b) All employees of Richmond County may be placed under said merit system except: all elected officials and their employees; the judge, clerk, and other employees of the Civil Court of Richmond County, Georgia; the solicitor and assistant solicitors and employees of the State Court of Richmond County; the county attorney and assistant county attorneys; all deputies and employees of the clerk of the Superior Court; the employees of the judges of the Superior Court of Richmond County; the court reporters for the Superior Court; the clerk and deputy clerks of the ordinary; and employees of the treasurer of Richmond County. However, any elected official may request that his employees
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be placed under said merit system. All rules and regulations of said merit system shall apply to these employees, including the provisions of the Tenure Act of Richmond County. Request. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, the necessary legislation to amend an Act creating a merit system in Richmond County for employees of Richmond County, approved April 7, 1972, (Ga. L. 1972, p. 3913), so as allow certain employees presently excluded by said Act to come under the merit system on a voluntary basis, and for other purposes. Board of Commissioners of Richmond County By: D. Landrum Harrison County Attorney 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 the Southeastern Newspapers Corporation, publisher of the Augusta Herald, a Daily Newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies 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
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of publication being December 29, 1972, January 5, and 12, 1973. /s/ William S. Morris III President Southeastern Newspapers Corporation Publisher of the Augusta Herald, Augusta, Richmond County, Georgia Sworn to and subscribed before me, this 15th day of February, 1973. /s/ Jean S. Brinson Notary Public, Richmond County, Georgia My Commission Expires June 30, 1974. (Seal). Approved April 17, 1973. LIBERTY COUNTYCOMPENSATION OF SUPERIOR COURT CLERK CHANGED, ETC. No. 561 (House Bill No. 809). An Act to amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2340), as amended, particularly by an Act approved February 27, 1970 (Ga. L. 1970, p. 2215), and an Act approved March 12, 1970 (Ga. L. 1970, p. 2537), so as to change the compensation of the sheriff, full-time deputy sheriffs and 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 providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County,
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approved February 16, 1955 (Ga. L. 1955, p. 2340), as amended, particularly by an Act approved February 27, 1970 (Ga. L. 1970, p. 2215), and an Act approved March 12, 1970 (Ga. L. 1970, p. 2537), is hereby amended by striking from section 2 the following: $8,500.00, and inserting in lieu thereof the following: $10,000.00, so that when so amended, section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Liberty County shall be compensated in the amount of $10,000.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. This compensation shall be in lieu of fees which said clerk has heretofore received. This compensation shall be all-inclusive and the clerk shall receive no other compensation for any service as clerk or ex officio clerk of any other court. Clerk. Section 2. Said Act is further amended by inserting in Section 4, following the first sentence of said section, the following: In addition to the salary herein provided for, the sheriff shall receive a supplemental compensation of $200.00 per month for subsistence allowance., and by striking from said section the following: $500.00, and inserting in lieu thereof the following: $700.00 so that when so amended, section 4 shall read as follows:
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Section 4. The Sheriff of Liberty County shall be compensated in the amount of $10,800.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. In addition to the salary herein provided for, the sheriff shall receive a supplemental compensation of $200.00 per month for subsistence allowance. This compensation shall be in lieu of the fees which said sheriff has heretofore received. Such compensation shall be all-inclusive, and the sheriff shall receive no other compensation for any services he performs in any capacity or in any court, except as provided in this Act. Full-time deputies shall be compensated in the amount of $700.00 per month as salary. In addition to the salary herein provided for, the full-time deputy sheriffs shall receive a supplemental compensation of $100.00 per month for subsistence allowance. Said salary and subsistence allowance shall be paid from the funds of Liberty County. Part-time deputies shall be compensated in the amount of $150.00 per month, to be paid from the funds of Liberty County. The county commissioners of Liberty County shall furnish adequate transportation to the full-time deputies, or in lieu thereof, shall compensate such deputies at the rate of ten (10) cents per mile for actual miles traveled inside Liberty County while in the performance of their duties. The sheriff and any deputy shall be entitled to and shall receive mileage allowance at the rate of ten (10) cents per mile for actual miles traveled outside Liberty County when in the performance of their duties when not using a county vehicle. Sheriff. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1973 regular session of the General Assembly of Georgia, a bill to amend an act abolishing the fee system of compensating
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the Sheriff and Superior Court Clerk of Liberty County, Georgia, and providing in lieu thereof an annual salary and fixing the salary of Deputy Sheriffs, Clerk and Assistant Clerk approved February 16, 1955 (Ga. L. 1955, p. 2340), as amended so as to change the compensation of the Sheriff, Clerk of Superior Court and State Court, and full time Deputy Sheriffs, to provide an effective date; to repeal conflicting laws; and for other purposes. This 5th day of January, 1973. Donald H. Fraser State Representative District 117 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donald H. Fraser 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 Liberty County Herald which is the official organ of Liberty County, on the following dates: January 11, 18, 25, February 1, 1973. /s/ Donald H. Fraser Representative, 117th District Sworn to and subscribed before me, this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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CHEROKEE COUNTY WATER AUTHORITY ACT AMENDEDBOND LIMITATION DELETED, ETC. No. 562 (House Bill No. 813). An Act to amend the Cherokee County Water Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, so as to delete therefrom the limitation on the amount of outstanding bonds; to increase the maximum interest rate which bonds issued by such Authority may bear; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Cherokee County Water Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, is hereby amended by deleting from section 5 the following: , in a sum not to exceed two million five hundred thousand dollars ($2,500,000) outstanding at any one time, and by striking from said Section the following: five per centum (5%) and substituting in lieu thereof the following: 8%, so that when so amended, section 5 shall read as follows: Section 5. Revenue bonds. The Authority, or any Authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds of the Authority for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear
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interest at such rate or rates not exceeding 8% per annum, payable semi-annually, shall mature at such time or times not exceeding 30 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Section 2. Said Act is further amended by striking from section 9 the following: five per centum (5%) and substituting in lieu thereof the following: 8%, so that when so amended, section 9 shall read as follows: 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 therefor at more than 8% per annum 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 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 1973 session of the General Assembly of Georgia, a bill to amend the Act creating the Cherokee County Water
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Authority so as to change certain provisions relative to bonds and their interest rates; and for other purposes. This 29th day of January, 1973. Andy Roach Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Andy Roach 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 North Georgia Tribune which is the official organ of Cherokee County, on the following dates: February 1, 8, 15, 1973. /s/ Thomas A. Roach Representative, 8th District Sworn to and subscribed before me, this 19th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CHEROKEE COUNTY BOARD OF EDUCATIONNUMBERING OF POSITIONS PROVIDED, ETCREFERENDUM. No. 563 (House Bill No. 814). An Act to provide for the numbering of positions of membership on the Cherokee County Board of Education; to
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provide for the division of Cherokee County into seven education districts; to provide that one member of the Board must be a resident of each education district; to repeal an Act approved April 12, 1968 (Ga. L. 1968, p. 3751), relating to school districts within Cherokee 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. For the purposes of electing members of the Cherokee County Board of Education, positions of membership on the Board shall be numbered as Posts 1 through 7, respectively, as follows: Positions. That position presently occupied by Wendell Anderson shall be post No. 1. That position presently occupied by R. Max Stancil shall be Post No. 2. That position presently occupied by Max Hicks shall be Post No. 3. That position presently occupied by Glenn Tippens shall be Post No. 4. That position presently occupied by John Bennett shall be Post No. 5. That position presently occupied by Donald Cain shall be Post No. 6. That position presently occupied by Howell Stewart shall be Post No. 7. Section 2. For the purposes of electing members to the Board of Education of Cherokee County, the Cherokee County School District shall be divided into seven education districts as follows: Districts.
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District No. 1 shall embrace all that territory within Georgia Militia District No. 792 (Canton), except that territory embraced within the corporate limits of the City of Canton. District No. 2 shall embrace all that territory within Georgia Militia District No. 1032 (Ballground), Georgia Militia District No. 1031 (Coons Creek), Georgia Militia District No. 1000 (Cross Roads), and Georgia Militia District No. 818 (Mullins). District No. 3 shall embrace all that territory within Georgia Militia District No. 1019 (Wild Cat), Georgia Militia District No. 1110 (Hickory Flat), and Georgia Militia District No. 1174 (Little River). District No. 4 shall embrace all that territory within Georgia Militia District No. 890 (Woodstock), and Georgia Militia District No. 1015 (Lick Skillet). District No. 5 shall embrace all that territory within Georgia Militia District No. 971 (Claytons), Georgia Militia District No. 960 (Salacoa), Georgia Militia District No. 1008 (Harbins), and Georgia Militia District No. 1028 (Fairplay). District No. 6 shall embrace all that territory within Georgia Militia District No. 1279 (Sixes), and Georgia Militia District No. 817 (Bells). District No. 7 shall embrace all that territory within the corporate limits of the City of Canton. Section 3. The present members of the Board of Education of Cherokee County shall serve out the terms of office to which they were elected. As their terms of office expire, their successors shall be elected as provided for in this Act. In order for a candidate to be eligible for election to the Board, he must be a resident of the school district which corresponds by number to that post on the Board for which he offers as a candidate. In 1973, successors to those members occupying Posts 3 and 5 shall be elected. In the 1974 election, successors to those members occupying Posts 1 and
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6 shall be elected. In the 1975 election, successors to those members occupying Posts 4 and 7 shall be elected. In the 1976 election, successors to the member occupying Post 2 shall be elected. Section 4. Successors to the present members of the Board shall be elected as provided for above, 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. Terms. Section 5. An Act providing for five school districts within Cherokee County, approved April 12, 1968 (Ga. L. 1968, p. 3751), is hereby repealed in its entirety. Repealer. Section 6. 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 Cherokee County to issue the call for an election for the purpose of submitting this Act to the voters of the Cherokee 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 Cherokee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for division of Cherokee County into seven education districts for the purposes of electing members of the Cherokee County 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 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 Cherokee County. It shall be the duty of
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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 1973 Session of the General Assembly of Georgia, a bill to amend an Act changing the school districts of the Cherokee County School System, approved April 12, 1968 (Ga. L. 1968, p. 3751), as amended, so as to change the provisions relative to the election of the members of the Cherokee County Board of Education; and for other purposes. This 23 day of January, 1973. Thomas A. Roach Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Andy Roach 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 North Georgia Tribune which is the official organ of Cherokee County, on the following dates: January 25, February 1, 8, 1973. /s/ Thomas A. Roach Representative, 8th District
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Sworn to and subscribed before me, this 7th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. FAYETTE COUNTYSHERIFFAUTOMOBILE PROVISIONS CHANGED. No. 565 (House Bill No. 818). An Act to amend an Act placing the sheriff of Fayette County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2585), as amended, so as to change certain of the provisions relative to the sheriff's automobiles; 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 Fayette County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2585), as amended, is hereby amended by inserting between the words with and two as they appear in Section 8 the following: not fewer than and by adding at the end thereof the following: , if the governing authority of said county shall so determine, so that when so amended, section 8 shall read as follows: Section 8. The county shall furnish the sheriff with not fewer than two automobiles equipped with short wave radios.
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The county shall be responsible for the operating expenses, maintenance and repair of said vehicles and equipment. Said vehicles shall be replaced every three years or at 75,000 miles, whichever occurs first, if the governing authority of said county shall so determine. Automobiles. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Fayette County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2585), as amended, so as to provide that the county shall furnish the sheriff with not fewer than two automobiles; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1973. /s/ F. A. Sams Chairman, Board of Commissioners Fayette County Georgia, Fayette County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Jim Wood, who on oath deposes and says that he is Publisher of the Fayette County News, which is the official organ of Fayette County, and that the above and foregoing Notice of Intent to Introduce Local Legislation was published in said Fayette County
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News on the following dates: January 24, 1973; January 31, 1973, and February 7, 1973. /s/ Jim Wood Publisher, Fayette County News Duly sworn to and subscribed before me, this 9th day of February, 1973. /s/ Helen S. Teague Notary Public (Seal). Approved April 17, 1973. FAYETTE COUNTYTAX COMMISSIONER'S PERSONNEL PROVISIONS CHANGED. No. 566 (House Bill No. 819). An Act to amend an Act creating the office of tax commissioner of Fayette County, approved January 26, 1956 (Ga. L. 1956, p. 2022), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3455), so as to delete therefrom the minimum compensation which shall be paid to certain employees 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 Fayette County, approved January 26, 1956 (Ga. L. 1956, p. 2022), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3455), is hereby amended by deleting from section 4 the following language: not less than $3,750.00 per annum each, the exact amount,
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so that when so amended, section 4 shall read as follows: Section 4. The tax commissioner of Fayette County shall receive a salary of $12,000.00 per annum, payable in equal monthly installments from the funds of Fayette County. The tax commissioner of Fayette County shall have the authority to employ such clerks and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. Such clerks and other personnel shall be compensated in an amount to be determined by the governing authority of Fayette 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, including those commissions allowed by an Act relating to the sale of motor vehicle license plates by local tax officials, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, 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 commissions on taxes collected in excess of a certain percentage of the taxes due, according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1973 session of the General Assembly of Georgia, a bill to amend an Act creating the office of tax commissioner of Fayette County, approved January 26, 1956 (Ga. L. 1956, p. 2022) as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3455), so as to delete therefrom the minimum compensation which shall be paid to certain employees
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of the tax commissioner; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1973. /s/ F. A. Sams Chairman, Board of Commissioners Fayette County Georgia, Fayette County. Personally appeared before me, the undersigned authority duly authorized to administer oaths, Jim Wood, who on oath deposes and says that he is Publisher of the Fayette County News, which is the official organ of Fayette County, and that the above and foregoing Notice of Intent to Introduce Local Legislation was published in said Fayette County News on the following dates: January 24, 1973; January 31, 1973, and February 7, 1973. /s/ Jim Wood Publisher, Fayette County News Duly sworn to and subscribed before me, this 9th day of February, 1973. /s/ Helen S. Teague Notary Public (Seal). Approved April 17, 1973. CITY OF WAYCROSSCHARTER AMENDEDEFFECTIVE DATE OF CERTAIN PROVISIONS CHANGED. No. 567 (House Bill No. 838). An Act to amend an Act providing and establishing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by
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an Act approved March 27, 1972 (Ga. L. 1972, p. 2970), so as to change the effective date of certain provisions of said 1972 amendatory Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing and establishing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2970), is hereby amended by striking from section 3 of said 1972 amendatory Act the following: January 1, 1975, and inserting in lieu thereof the following: January 1, 1976, so that when so amended, section 3 of said 1972 amendatory Act shall read as follows: Section 3. This Act shall become effective on January 1, 1976. 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 1973 session of the General Assembly of Georgia a bill to amend the Act approved March 27, 1972 (Ga. L. 1972, p. 2970), which Act incorporated a tract of land into the Waycross corporate limits at the request of the property owners, so as to change the effective date of said Act from January 1, 1975 to January 1, 1976. This 19th day of January, 1973. R. W. Willingham, Mayor, City of Waycross
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Georgia, Ware County. Before me, the undersigned officer, duly authorized by law to administer oaths, personally appeared Jack Williams, Jr., Editor and Publisher of Waycross Journal-Herald, the official organ of the City of Waycross and the newspaper in Ware County, Georgia, wherein sheriff's sales are advertised and which has a general circulation in Ware County, who, first being sworn, on oath, states that the above and foregoing notice of intention to apply for passage of local legislation was published in the Waycross Journal-Herald in its issues of January 20, 27 and February 3, 1973. /s/ Jack Williams, Jr. Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Betty R. Katkaveck Notary Public, Ware County, Georgia My Commission Expires February 11, 1975. (Seal). Approved April 17, 1973. HART COUNTYSHERIFFEMPLOYMENT PROVISIONS RELATING TO DEPUTIES CHANGED, ETC. No. 568 (House Bill No. 843). 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, so as to change the provisions relating to the employment of deputies and other personnel by the sheriff and the compensation of such deputies and personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act placing the sheriff of Hart County upon an annual salary, approved March 31, 1965 (Ga. L. 1965, p. 3119), as amended, is hereby amended by striking section 8 in its entirety and inserting in lieu thereof a new section 8 to read as follows: Section 8. The sheriff is hereby authorized to appoint or employ such deputies or clerical help as the governing authority of Hart County shall determine. The compensation of said deputies or clerical help shall be fixed by said governing authority. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1973 session of the General Assembly of Georgia, legislation to provide that the number of employees and their compensation within the offices of Sheriff, Clerk of Superior Court, Ordinary and Tax Commissioner of Hart County shall be fixed and determined by the governing authority of Hart County and for other purposes. This 17th day of January, 1973. W. D. (Billy) Milford Representative, 13th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford who, on oath, deposes and sayd that he is Representative from the 13th District, and that the attached copy of Notice of Intention
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to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following dates: January 18, 25, February 1, 1973. /s/ Billy Milford Representative, 13th District Sworn to and subscribed before me, this 20th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. HART COUNTYTAX COMMISSIONERPERSONNEL PROVISIONS CHANGED, ETC. No. 569 (House Bill No. 844). An Act to amend an Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, so as to change the provisions relating to the employment of assistants and other clerical help by the tax commissioner and the compensation of such assistants and clerical help; to provide for an annual audit of the tax commissioner's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Hart County, approved March 4, 1935 (Ga. L. 1935, p. 687), as amended, is hereby amended by striking from section 6 the following language:
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The tax commissioner is authorized and empowered to appoint an assistant. Said assistant shall receive a monthly salary of not less than two hundred fifty ($250.00) dollars nor more than three hundred twenty-five ($325.00) dollars, the exact amount to be fixed annually by the board of finance of Hart County prior to the first day of March of each year. Said assistant shall assist the tax commissioner in the performance of his duties and shall serve at the pleasure of the tax commissioner. The tax commissioner is further authorized and empowered to employ clerical assistance to be compensated from the funds of Hart County as hereinafter set forth. Any such person employed to perform and render clerical assistance shall be compensated in an amount no greater than that paid the assistant appointed by the tax commissioner for an equal time of employment and the total sum allowed to be paid from the funds of Hart County for such clerical assistance shall not exceed one thousand ($1,000.00) dollars per annum. Except as herein provided, all other persons employed by the tax commissioner to assist him in the performance of the duties of his office shall be compensated by the tax commissioner out of the salary herein provided for such tax commissioner., and inserting in lieu thereof the following language: The tax commissioner is hereby authorized to appoint or employ such assistants or clerical help as the governing authority of Hart County shall determine. The compensation of said assistants or clerical help shall be fixed by said governing authority., so that when so amended, section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid that the board of finance of Hart County, Georgia, shall pay to the tax commissioner of said county, as full compensation for all duties performed by him as receiver and collector of State, county, school district, and any and all other taxes, including professional, poll, and special taxes, as well as costs for issuing tax fi. fas., a fixed salary of $4,800.00 per annum to be paid in monthly installments of $400.00 each. The tax commissioner is hereby authorized to appoint or employ such assistants or clerical help as the
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governing authority of Hart County shall determine. The compensation of said assistants or clerical help shall be fixed by said governing authority. Personnel. Section 2. Said Act is further amended by striking section 6A in its entirety and inserting in lieu thereof a new section 6A to read as follows: Section 6A. The governing authority of Hart County shall provide for an annual audit of the financial affairs of the tax commissioner's office, which audit shall be completed by June 1 of each year. A complete copy of such audit shall be published in the newspaper in which the sheriff's advertisements for Hart County are published, once a week for two weeks after the completion of such audit. Audit. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, making it mandatory that there shall be an annual audit of the Tax Commissioner's office of Hart County and for other purposes. This 17th day of January, 1973. W. D. (Billy) Milford Representative, 13th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford who, on
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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 Hartwell Sun which is the official organ of Hart County, on the following dates: January 18, 25, February 1, 1973. /s/ Billy Milford Representative, 13th District Sworn to and subscribed before me, this 20th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. HART COUNTYCOMPENSATION OF SUPERIOR COURT CLERK CHANGED, ETC. No. 570 (House Bill No. 845). An Act to amend an Act placing the clerk of the superior court and ordinary of Hart County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2285), as amended, so as to change the compensation of the clerk and ordinary; to change the provisions relating to the employment of personnel by such officers and 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 clerk of the superior court and ordinary of Hart County upon an annual salary, approved
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February 28, 1966 (Ga. L. 1966, p. 2285), as amended, is hereby amended by striking from section 2 the following: $7,500.00, and inserting in lieu thereof the following: $8,400.00, so that when so amended, section 2 shall read as follows: Section 2. The Clerk of the superior court shall receive an annual salary of $8,400.00, payable in equal monthly installments from the funds of Hart County. Clerk. Section 2. Said Act is further amended by striking from section 3 the following: $7,500.00, and inserting in lieu thereof the following: $8,400.00, so that when so amended, section 3 shall read as follows: Section 3. The ordinary shall receive an annual salary of $8,400.00, payable in equal monthly installments from the funds of Hart County. Ordinary. Section 3. 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 clerk of the superior court is hereby authorized to appoint or employ such assistants or clerical help as the governing authority of Hart County shall determine. The compensation of said assistants or clerical help shall be fixed by said governing authority. Clerk's personnel. Section 4. 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:
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Section 9. The ordinary is hereby authorized to appoint or employ such assistants or clerical help as the governing authority of Hart County shall determine. The compensation of said assistants or clerical help shall be fixed by said governing authority. Ordinary's personnel. 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 Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to change the compensation of the Clerk of Superior Court and Ordinary of Hart County and for other purposes. This 17th day of January, 1973. W. D. (Billy) Milford Representative, 13th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford 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 Hartwell Sun which is the official organ of Hart County, on the following dates: January 18, 25, February 1, 1973. /s/ Billy Milford Representative, 13th District
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Sworn to and subscribed before me, this 20th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF HIRAMCHARTER AMENDEDCOMPENSATION OF MAYOR AND COUNCILMAN CHANGED, ETC. No. 571 (House Bill No. 856). An Act to amend an Act creating a new charter for the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to change the maximum compensation of the mayor and councilmen; to create a recorder's court; to provide for the appointment, 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 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 Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, is hereby amended by striking subsection (b) of section 18 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The salary of the mayor shall not exceed $500.00 per annum; nor that of the mayor pro tem., $400.00 per annum; nor that of any other councilmen $300.00 per annum. All salaries shall be paid monthly. Salaries.
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Section 2. Said Act is further amended by striking sections 19, 20, 21, 22 and 23 in their entirety and inserting in lieu thereof new sections 19, 20, 21, 22 and 23, to read as follows: Section 19. There is hereby established a court to be known as the `Recorder's Court', City of Hiram, 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 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 Hiram 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. Recorder's court created. Section 20. (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years or if he has been convicted of a crime involving moral turpitude. The recorder shall be appointed by the mayor and council, and shall serve at their pleasure. The compensation of the recorder shall be fixed by the mayor and council. Recorder.
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(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. Recorder pro tem. (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 mayor and council. Oath. (d) 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. Rules. Section 21. The recorder shall have power to impose fines, costs and forfeitures, for the violation of any law or ordinance of the City of Hiram passed in accordance with this charter, for each offense in an amount not to exceed three hundred dollars ($300.00), 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 Hiram 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
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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 Hiram. 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. Fines. Section 22. The right of appeal and procedures pertaining to appeal bonds to the Superior Court of Paulding 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. An appeal to the Superior Court shall be a de novo proceeding. Appeal. Section 23. Court Costs. In all cases in the recorder's court of the City of Hiram, 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 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 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. Court costs. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to create a recorder's court for said city; to provide for the appointment, 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 authorize the recorder to promulgate reasonable rules and regulations; to change the maximum compensation of the mayor and councilmen; and for other purposes. This 8th day of January, 1973. Arthur W. Fudger Attorney for City of Hiram Georgia, Paulding County. Personally appeared before me, a Notary Public within and for above State and County, T. E. Parker who, on oath, deposes and says that he is the publisher of the Dallas New Era which is the official organ of Paulding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 11, 18 and 25 and February 1 and 8, 1973. /s/ T. E. Parker Publisher Sworn to and subscribed before me this 7th day of February, 1973. /s/ Ginny L. Gross Notary Public, Georgia State at Large. My Commission Expires May 19, 1974. (Seal). Approved April 17, 1973.
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HANCOCK COUNTYBOARD OF COMMISSIONERS REQUIRED TO PROVIDE ANNUAL AUDITS, ETC. No. 572 (House Bill No. 865). An Act to amend an Act creating a Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3622), so as to provide that it shall be the duty of the Board of Commissioners of Hancock County to have annual audits conducted of the financial affairs, books and records of Hancock County; to provide for the publication of certain financial information; 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 of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3622), is hereby amended by adding a new section, immediately following section VIII, to be designated section VIIIA, to read as follows: VIIIA. (a) It shall be the duty of the Board of Commissioners of Hancock County to have conducted annual certified audits of the financial affairs, books and records of the County of Hancock. Such certified audits shall be made in accordance with the generally accepted auditing and accounting procedures as recognized by the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. The person or persons making such audits shall be a member or members of, and in good standing with, the Georgia Society of Certified Public Accountants and the American Institute of Certified Public Accountants. Audits. (b) The auditor so employed shall make the audits provided for herein in accordance with generally accepted accounting procedures and principles, and shall submit a
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complete and final report and audit to the Board of Commissioners by not later than sixty days after the close of the fiscal year of Hancock County. All audits provided for herein shall be certified to include and shall include, but shall not be limited to, a full and complete audit containing a balance sheet, profit and loss statement, a detailed statement of all receipts and disbursements, and a statement showing all indebtedness of whatever kind of the county, its departments and agencies. Such audit shall, in addition to showing a complete audit on a county basis, contain a separate audit for each department and agency of the county government. In the statement of receipts and disbursements, said auditor shall list the names of the persons, firms or corporations who received a total of $100.00 or more during the preceding quarter and fiscal year, and also the purpose or purposes for which such amounts were disbursed. Should such auditor discover any violation of the laws of Georgia or any irregularities in any of the finances or accounts of the county, its departments and agencies, it shall be the duty of such auditor to immediately report such violation or irregularity to the Board of Commissioners and to the grand jury then in session, or if no grand jury is in session, then to the first grand jury convened after such violations or irregularities are discovered. (c) All audits, as provided for herein, shall be reproduced in sufficient number, and five (5) copies shall be delivered and filed with the Clerk of the Superior Court of Hancock County, and such copies shall be maintained in the clerk's office for public inspection. The office of the Board of Commissioners and the records maintained therein shall be open to inspection by the public at all times during normal office hours. (d) All expenditures in excess of $100.00 shall be published in the legal organ of Hancock County within sixty days after the close of each quarter in the fiscal year. The list of expenditures shall show: (1) the date, voucher number and amount of each expenditure; and
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(2) the name of the person, firm or corporation receiving the disbursements; and (3) the purposes for which the funds were disbursed. All annual audits shall be published in the legal organ of Hancock County within ninety days after the end of the fiscal year. (e) The compensation of such auditor shall be fixed by agreements between the Board of Commissioners and the auditor selected to make such audit. The compensation of said auditor as determined herein shall be payable from the funds of Hancock County. (f) Any other provisions of this section to the contrary notwithstanding, all receipts and disbursements of $50.00 or more shall be verified by the auditor; all receipts and disbursements from $5.00 to $50.00 need not be verified and may be listed as uncertified; and all receipts and disbursements of less than $5.00 may be combined and listed under miscellaneous receipts or disbursements, as the case may be, without verification. 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 1973 Session of the General Assembly of Georgia, a bill to amend an act creating a Board of Commissioners of Hancock County. As amended whereby it will require that a quarterly financial report will be published in the County Organ three time yearly and that the year end financial statement will be made by a recognized auditing firm and will be published in the County Organ within thirty days after the end of the fiscal year.
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This 19th day of January, 1973. Culver Kidd Senator 25th District Roy Lambert Representative 97th 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 97th 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 25, February 1, 8, 1973. /s/ E. Roy Lambert Representative 97th District Sworn to and subscribed before me this 16th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. HANCOCK COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED, ETC. No. 573 (House Bill No. 866) An Act to amend an Act incorporating the offices of Tax Receiver and Tax Collector of Hancock County into the
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office of Tax Commissioner of Hancock County, approved February 9, 1956 (Ga. L. 1956, p. 2037), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2314), so as to change the compensation of the tax commissioner; to authorize the tax commissioner to employ a secretary; to provide for the compensation of said secretary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the offices of Tax Receiver and Tax Collector of Hancock County into the office of Tax Commissioner of Hancock County, approved February 9, 1956 (Ga. L. 1956, p. 2037), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2314), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The tax commissioner shall be compensated in the amount of $7,000.00 per annum, to be paid in equal monthly installments from the funds of Hancock County. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Hancock County, and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected. The tax commissioner shall have the authority to employ a secretary who shall be compensated in the amount of $3,600.00 per annum, payable in equal monthly installments out of the funds of Hancock County. 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 1973 Session of the Session of the General Assembly of Georgia, a bill to amend an Act incorporating the offices of Tax Receiver and Tax Collector of Hancock County into the office of Tax Commissioner of Hancock
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County, approved February 9, 1956 (Ga. L. 1956, p. 2037), as amended, so as to authorize the tax commissioner to appoint and fix the compensation of a secretary; and for other purposes. This 19 day of Jan. 1973. Culver Kidd Senator 25th District Roy Lambert Representative 97th 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 97th 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 25, February 1, 8, 1973. /s/ Roy Lambert Representative 97th District Sworn to and subscribed before this 16th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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HANCOCK COUNTYCERTAIN COUNTY OFFICERSSALARIES INCREASED, ETC. No. 574 (House Bill No. 867). An Act to amend an Act placing the sheriff, ordinary and clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. L. 1964, p. 2088), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2534) and an Act approved March 27, 1972 (Ga. L. 1972, p. 3193), so as to change the compensation of said officers; to authorize the sheriff to appoint a chief deputy and three other deputies; to provide for their compensation; to provide for the furnishing to the sheriff by the county of radio equipped automobiles; to provide for the maintenance thereof; to increase the car allowance to the sheriff for his personal vehicle; to provide for the payment of automobile expenses by the sheriff; to authorize the clerk of the superior court to employ a secretary; to provide for the compensation of said secretary; 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 of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. L. 1964, p. 2088), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2534) and an Act approved March 27, 1972 (Ga. L. 1972, p. 3193), 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 Sheriff of Hancock County shall receive an annual salary of $9,000.00 per annum, to be paid in equal monthly installments on the last business day of each calendar month from the funds of Hancock County. Sheriff. (b) The sheriff shall be personally responsible for furnishing an automobile to be used by him in the performance of his duties, and the sheriff shall be compensated for said
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automobile in the amount of $5,000.00 per annum, to be paid in equal monthly installments on the last business day of each calendar month from the funds of Hancock County. The sheriff shall be responsible for the operating expenses, insurance, maintenance and replacement of said automobile. (c) The sheriff is hereby authorized to appoint a chief deputy who shall receive a salary not to exceed $7,000.00 per annum, payable in equal monthly installments on the last business day of each calendar month from the funds of Hancock County. The sheriff is hereby authorized to appoint three other deputies who shall each receive a salary not to exceed $6,000.00 per annum, payable in equal monthly installments on the last business day of each calendar month from the funds of Hancock County. (d) The governing authority of Hancock County is hereby authorized and directed to furnish the sheriff with two radio equipped automobiles to be used by the sheriff in the performance of the official duties of his office. The governing authority shall be responsible for the operating expenses, insurance, maintenance, and replacement of said vehicles. Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. The Ordinary of Hancock County shall receive an annual salary of $7,000.00 per annum, payable in equal monthly installments on the last business day of each calendar month from the funds of Hancock County. Ordinary. Section 3. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The Clerk of the Superior Court of Hancock County shall receive an annual salary of $7,000.00 per annum, payable in equal monthly installments on the last business day of each calendar month from the funds of Hancock County. The clerk of the superior court is hereby authorized to employ a secretary who shall be compensated
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in an amount not to exceed $3,600.00 per annum, payable in equal monthly installments on the last business day of each calendar month out of the funds of Hancock County. Clerk. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 Session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff, Ordinary and Clerk of the Superior Court of Hancock County on an annual salary in lieu of the fee system of compensation, approved February 18, 1964 (Ga. L. 1964, p. 2088), as amended, so as to change the compensation of the sheriff; to provide for periodic increases in the compensation of the sheriff; to authorize the sheriff to appoint one chief deputy and three other deputies and fix their compensation; to authorize the sheriff to employ other personnel and fix their compensation; to authorize the sheriff to purchase radio equipped automobiles; to provide for the repair and replacement of said automobiles; to change the compensation of the ordinary; to authorize the clerk of the superior court to appoint and fix the compensation of a secretary; to provide for all matters relative to the foregoing; and for other purposes. This 19 day of Jan. 1973. Culver Kidd Senator 25th District Roy Lambert Representative 97th 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
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the 97th 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 25, February 1, 8, 1973. /s/ E. Roy Lambert Representative 97th District Sworn to and subscribed before me this 20th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. HANCOCK COUNTYBOARD OF COMMISSIONERS PROHIBITED FROM EMPLOYING COUNTY POLICE. No. 575 (House Bill No. 868). An Act to amend an Act creating a Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, so as to prohibit the employment of county police by the County Commissioners of Hancock County; to authorize the appointment of deputy sheriffs in cases of emergency; 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 Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, is hereby amended by adding a new section, immediately following Section VIII, to be designated section VIIIA, to read as follows:
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Section VIIIA. Any other provisions of this Act or any other laws to the contrary notwithstanding, the Board of Commissioners of Hancock County shall be without power or authority to employ any county police for said county. The Board of Commissioners is authorized, however, in cases of emergency, to appoint such deputy sheriffs as it deems necessary and to prescribe their compensation. Any deputy sheriffs so appointed shall serve at the pleasure of the Board but shall perform such duties as are prescribed by the Sheriff of Hancock County and shall work under his exclusive jurisdiction. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, so as to prohibit the employment of county police by the County Commissioners of Hancock County; to authorize the appointment of deputy sheriffs in cases of emergency; and for other purposes. This 19th day of January, 1973. Culver Kidd Senator 25th District Roy Lambert Representative 97th 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 97th District, and that the attached copy of Notice of
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Intention to Introduce Local Legislation was published in the Sparta Ishmaelite which is the official organ of Hancock County, on the following dates: January 25, February 1, 8, 1973. /s/ E. Roy Lambert Representative 97th District Sworn to and subscribed before me this 16th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF VALDOSTACHARTER AMENDEDCORPORATE LIMITS CHANGED, ETC. No. 576 (House Bill No. 872). 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 said city; to change the terms of council posts; to change the special election 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 Valdosta, approved November 21, 1901 (Ga. L. 1901, p. 670), as 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
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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 and Florida Railroad main line intersects the north margin of the right-of-way of Georgia State Highway No. 31 (East Park Avenue); thence, running westerly along the north margin of said highway right-of-way to its intersection with the north margin of the Old Lakeland Road; thence, running westerly along the north margin of said Lakeland Road to a point, said point being 1361.42 feet east of the northeast intersection of Forrest Street and Lakeland Road measured along the north margin of Lakeland Road and marked by a concrete monument; thence, running north 1 degree 52 minutes west a distance of 640 feet a concrete monument; thence, running south 88 degrees 22 minutes west a distance of 1361.42 feet to a concrete monument located on the east margin of Forrest Street; thence, running north 1 degree 52 minutes west along the east margin of North Forrest Street a distance of 323.27 feet to a point; thence, north 88 degrees 08 minutes east 190.0 feet; thence, north 1 degree 52 minutes west 203.28 feet; thence, north 1 degree 37 minutes west 1866.11 feet; thence, south 88 degrees 04 minutes west 190.0 feet; thence, north 88 degrees 33 minutes 06 seconds west, a distance of 808.20 feet to a point; thence, north 1 degree 18 minutes 09 seconds east, a distance of 683.41 feet to a point; thence, south 88 degrees 42 minutes 35 seconds west, a distance of 190.91 feet to a point; thence, south 1 degree 17 minutes 25 seconds east a distance of 13.91 feet to a point; thence, south 88 degrees 42 minutes 35 seconds west a distance of 438.20 feet to a point; thence, south 1 degree 17 minutes 25 seconds east, a distance of 135.00 feet to a point; thence, south 88 degrees 42 minutes 35 seconds west, a distance of 400.00 feet to a point on the east right-of-way of North Forrest Street; thence, along the east right-of-way of North Forrest Street, north 1 degree 17 minutes 25 seconds west, a distance of 1213.87 feet to a point where the west right-of-way of North Forrest Street intersects the south right-of-way of Northside Drive; thence, north 77 degrees 05 minutes east a distance of 258 feet to a point,
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said point being the point of curvature of a curve having a radius of 2824.79 feet; thence, eastwardly along said curve a distance of 1514.47 feet to a point; thence, south 06 degrees 51 minutes east a distance of 69.78 feet to a point; thence, south 88 degrees 16 minutes west a distance of 24.90 feet to a point; thence, south 0 degrees 32 minutes east a distance of 460.90 feet to a point; thence, south 32 degrees 51 minutes east a distance of 256.51 feet to a point; thence, south 55 degrees 17 minutes east a distance of 968.5 feet to a point; thence, south 74 degrees 38 minutes east a distance of 106.93 feet to a point; thence, north 87 degrees 05 minutes east a distance of 486.85 feet to a point; thence, north 15 degrees 03 minutes east a distance of 1054.23 feet to a point, said point being on the north margin of Northside Drive; thence, running north 74 degrees 55 minutes west along the north margin of Northside Drive a distance of 298.54 feet to a point; thence, north 05 degrees 51 minutes 30 seconds east a distance of 142.53 feet to a point; thence, north 81 degrees 20 minutes 30 seconds west a distance of 258.86 feet to a point; thence, north 84 degrees 80 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
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a point; thence, south 80 degrees 07 minutes west a distance of 85.59 feet to a point; thence, south 03 degrees 10 minutes east a distance of 140.0 feet to a point; thence, south 18 degrees 15 minutes 17 seconds east a distance of 51.79 feet to a point; thence, south 03 degrees 10 minutes east a distance of 130.0 feet to a point; thence, south 86 degrees 50 minutes west a distance of 90.0 feet to a point; thence, south 48 degrees 52 minutes west a distance of 103.82 feet to a point; thence, south 05 degrees 39 minutes west a distance of 90.47 feet to a point; thence, south 17 degrees 31 minutes 38 seconds east a distance of 122.28 feet to a point; thence, south 07 degrees 14 minutes east a distance of 85.0 feet to a point; thence, south 20 degrees 27 minutes 28 seconds west a distance of 110.43 feet to a point; thence, north 69 degrees 32 minutes 22 seconds west a distance of 35.33 feet to a point; thence, south 18 degrees 06 minutes west a distance of 24.24 feet to a point; thence, north 84 degrees 33 minutes west a distance of 188.21 feet to a point; thence, north 64 degrees 12 minutes 48 seconds west a distance of 107.21 feet to a point; thence, north 79 degrees 00 minutes west a distance of 294.57 feet to a point; thence, south 85 degrees 01 minutes west a distance of 179.74 feet to a point; thence, south 86 degrees 22 minutes west a distance of 50.57 feet to a point; thence, south 85 degrees 01 minutes west a distance of 150.0 feet to a point; thence, south 04 degrees 58 minutes west a distance of 140.08 feet to a point; thence, running westwardly along the curving north margin of Northside Drive a distance of 490.53 feet to a point; thence, north 4 degrees 56 minutes east, a distance of 250.00 feet to a point; thence, north 34 degrees 56 minutes east, a distance of 180.00 feet to a point; thence, north 64 degrees 25 minutes east, a distance of 179.55 feet to a point; thence, north 1 degree 08 minutes west, a distance of 420.22 feet to a point; thence, south 88 degrees 40 minutes west, a distance of 1136.13 feet to a point; thence, south 23 degrees 08 minutes 15 seconds east, a distance of 683.93 feet to a point; thence, south 53 degrees 03 minutes 45 seconds east, a distance of 160.10 feet to a point; thence, south 87 degrees 20 minutes 15 seconds east, a distance of 183.84 feet to a point; thence, south 14 degrees 35 minutes 30 seconds east, a distance of 140.43 feet to a point on the north right-of-way of Northside Drive;
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thence, south 77 degrees 05 minutes west a distance of 243.27 feet to a point, said point being the intersection of the north right-of-way of Northside Drive with the west right-of-way 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 south-west 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 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 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, said point being the intersection of the west right-of-way of North Forrest Street and the south right-of-way of Northside Drive; thence, south 17 degrees 05 minutes west, along the south right-of-way of Northside Drive, a distance of 130.00 feet to a point; thence, south 1 degree 55 minutes east, a distance of 83.44 feet
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to a point of Land Lot Line 104/105; thence, along the Land Lot Line, south 88 degrees 30 minutes west, a distance of 565.39 feet to a point; thence, running south 1 degree east to the north margin of Pineview Drive; thence, running westerly along the north margin of Pineview Drive to a point 140 feet east of Dukes Avenue; thence, northerly and parallel with Dukes Avenue a distance of 239 feet; thence, south 89 degrees 10 minutes east 150 feet; thence, north 11 degrees 15 minutes east 240 feet; thence, north 89 degrees 10 minutes west a distance of 150 feet; thence, north 11 degrees 15 minutes east 80 feet; thence, north 89 degrees 10 minutes west a distance of 150 feet to a point on the east margin of Dukes Avenue; thence, northerly along the east margin of Dukes Avenue a distance of 80 feet to a point, being the intersection of the east margin of Dukes Avenue with the south margin of Randolph Street; thence, south 89 degrees 10 minutes east along the south margin of Randolph Street a distance of 377.57 feet to a point; thence, north 00 degrees 50 minutes east a distance of 40 feet to a point on the north margin of Randolph Street; thence, due north a distance of 372.24 feet to a point; thence, south 89 degrees 00 minutes west a distance of 96.25 feet to a point; thence, south 05 degrees 36 minutes west a distance of 370.4 feet to a point on the north margin of Randolph Street; thence, north 89 degrees 10 minutes west along the north margin of Randolph Street a distance of 324.57 feet to a point; thence, southerly along the centerline of Dukes Avenue to a point on the north margin of Pineview Drive; thence, westerly along the north margin of Pineview Drive to the east margin of Bemis Road; thence, running northerly along the east margin of Bemis Road a distance of 572.92 feet to a point; thence, running easterly 248.8 feet to a point on the west margin of a 10 foot alley, said point being 80.0 feet from the south margin of Randolph Street measured along the west margin of said alley; thence, running northerly along the west margin of said 10 foot alley a distance of 80 feet to a point on the south margin of Randolph Street; thence, running westerly along the south margin of Randolph Street a distance of 246.0 feet to a point, said point being the southeast intersection of Bemis Road and Randolph Street; thence, running northerly along the east margin of Bemis Road to a point
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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, south 88 degrees 57 minutes east a distance of 51.00 feet; thence, south 2 degrees 15 minutes 30 seconds west a distance of 375.00 feet; thence, north 83 degrees 47 minutes 15 seconds east a distance of 198.50 feet; thence, north 88 degrees 39 minutes 52 seconds east a distance of 120.10 feet; thence, south 76 degrees 39 minutes 46 seconds east a distance of 114.10 feet; thence, north 40 degrees 50 minutes 59 seconds east a distance of 186.59 feet; thence, north 62 degrees 00 minutes 27 seconds east a distance of 170.00 feet; thence, north 27 degrees 59 minutes 33 seconds west a distance of 50.00 feet; thence, north 62 degrees 00 minutes 27 seconds east a distance of 150.00 feet; thence, north 27 degrees 59 minutes 33 seconds west a distance of 200.00 feet; thence, north 17 degrees 00 minutes 27 seconds east a distance of 113.14 feet; thence, north 62 degrees 00 minutes 27 seconds east a distance of 100.00 feet; thence, north 57 degrees 32 minutes 48 seconds east a distance of 139.93 feet; thence, north 34 degrees 04 minutes 21 seconds east a distance of 176.17 feet; thence, north 6 degrees 13 minutes 21 seconds east a distance of 161.16 feet; thence, north 55 degrees 21 minutes 31 seconds west a distance of 21.23 feet; thence, north 10 degrees 24 minutes 14 seconds west a distance of 146.42 feet to a point on the southern margin of Northside Drive; thence, south 79 degrees 38 minutes west a distance of 130.00 feet along said margin to a point; thence, westerly along the south margin of Northside Drive, on a curve, a distance of 726.91 feet; thence, north 44 degrees 44 minutes west a distance of 153 feet more or less to the northern margin of Northside Drive; 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 the east right-of-way of Bemis Road a distance of 256.07 feet to a point, said point being the intersection of the east right-of-way of Bemis Road with the south right-of-way of Northside Drive; thence, westwardly,
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a distance of 100 feet more or less to a point, said point being the intersection of the west right-of-way of Bemis Road and the south right-of-way of Northside Drive; thence, north 78 degrees 23 minutes west along the south right-of-way of Northside Drive a distance of 170.76 feet to a point; thence, north 78 degrees 29 minutes west, a chord distance of 4.22 feet (arc 4.24 feet) to a point on the south right-of-way of Northside Drive; thence, south 16 degrees 22 minutes west, a distance of 171.75 feet to a point; thence, south 89 degrees 01 minutes west, a distance of 175.00 feet to a point, said point is on the west right-of-way of Bemis Road; thence, south 19 degrees 30 minutes west along the west right-of-way of Bemis Road, 150 feet to the 80/81 Land Lot Line; thence, westwardly along the 80/81 Land Lot Line to a point, said point being 330.0 feet east of the intersection of the 58, 59, 80 and 81st Land Lot Line; thence, north 17 degrees 40 minutes west a distance of 332.50 feet to a point on the south right-of-way of Northside Drive; thence, south 76 degrees 54 minutes west, a distance of 100.0 feet to a point; thence, south 71 degrees 11 minutes west, a distance of 100.0 feet to a point; thence, south 68 degrees 10 minutes west, a distance of 117.8 feet to a point, said point on the south right-of-way of Northside Drive; thence, south 17 degrees 23 minutes east, a distance of 243.0 feet to a point where the 58, 59, 80 and 81st Land Lot Lines intersect; thence, south 70 degrees 02 minutes west a distance of 495.6 feet to a point; 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. 41) a distance of 730.00 feet more or less to a point, said point being the intersection of the east right-of-way of North Ashley Street with the south right-of-way of Connell Road; thence, along the south right-of-way of Connell Road, north 65 degrees 53 minutes 30 seconds east, a distance of 1300.00 feet to a point; thence, south
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18 degrees 29 minutes 30 seconds east a distance of 420.44 feet to a point; thence, north 64 degrees 16 minutes 30 seconds east, a distance of 300.12 feet to a point; thence, north 18 degrees 29 minutes 30 seconds west, a distance of 411.98 feet to a point, in the south right-of-way of Connell Road; thence, along the south right-of-way, a distance of 645.40 feet to a point; thence, north 24 degrees 06 minutes 30 seconds west, a distance of 80.00 feet to the north right-of-way of Connell Road; thence, north 24 degrees 06 minutes 30 seconds west, a distance of 660.00 feet to a point; thence, south 65 degrees 53 minutes 30 seconds west, a distance of 660.00 feet to a point; thence, south 24 degrees 06 minutes 30 seconds east, a distance of 660.00 feet to a point on the north right-of-way of Connell Road; thence, along the north right-of-way of Connell Road, south 65 degrees 53 minutes 30 seconds west, a distance of 1596.30 feet to a point where the north right-of-way of Connell Road, intersects the east right-of-way of North Ashley Street; thence, running northwesterly on the east right-of-way of North Ashley Street, a distance of 303 feet more or less to a point; thence, north 67 degrees 45 minutes east a distance of 200.00 feet to a point; thence, north 30 degrees 11 minutes 33 seconds west, a distance of 114.00 feet to a point; thence, north 67 degrees 45 minutes east a distance of 300.00 feet to a point; thence, north 29 degrees 54 minutes 50 seconds west, a distance of 180.00 feet to a point on the south right-of-way of Garden Drive; thence, along the south right-of-way, south 67 degrees 45 minutes west a distance of 500.00 feet to a point, said point being where the south right-of-way of Garden Drive intersects the east right-of-way of North Ashley Street; thence, north 29 degrees 57 minutes 33 seconds west a distance of 50.46 feet to a point where the north right-of-way of Garden Drive intersects the east right-of-way of North Ashley Street; thence, north 67 degrees 45 minutes east along the north margin of Garden Drive 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 the south margin of Barfield Drive to the east
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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, 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 01 degrees 39 minutes west, a distance of 240.0 feet to a point on the south right-of-way of Shirley Place; thence, north 01 degrees 39 minutes west a distance of 50.0 feet to a point on the north right-of-way of Shirley Place; thence, north 01 degrees 39 minutes west, a distance of 150.00 feet to a point; thence, north 37 degrees 57 minutes 22 seconds east, a distance of 94.10 feet to a point; thence, north 40 degrees 18 minutes 22 seconds west, a distance of 48.02 feet to a point; thence, north 01 degrees 39 minutes west, a distance of 200.00 feet to a point; thence, north 03 degrees 43 minutes 18 seconds west, a distance of 116.78 feet to a point; thence, north 16 degrees 56 minutes 13 seconds west, a distance of 132.33 feet to a point; thence, north 31 degrees 24 minutes 38 seconds west, a distance of 123.78 feet to a point; thence,
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north 48 degrees 54 minutes 53 seconds west, a distance of 133.40 feet to a point on the south right-of-way of Lake Laurie Drive; thence, north 35 degrees 55 minutes west, a distance of 80.00 feet to a point on the north right-of-way of Lake Laurie Drive; thence, along said right-of-way, south 54 degrees 05 minutes west a distance of 320.00 feet to a point; thence, south 35 degrees 55 minutes east, a distance of 80.00 feet to a point on the south right-of-way of Lake Laurie Drive; thence, south 35 degrees 55 minutes east, a distance of 201.05 feet to a point; thence, south 01 degrees 99 minutes east, a distance of 371.01 feet to a point; thence, south 42 degrees 14 minutes, 22 seconds east a distance of 46.10 feet to a point; thence, south 01 degrees 39 minutes east a distance of 150.00 feet to a point on the north right-of-way of Shirley Place; thence, south 01 degrees 39 minutes east, a distance of 50.00 feet to the south right-of-way of Shirley Place; thence, south 01 degrees 39 minutes east a distance of 185.21 feet to a point; thence, north 86 degrees 18 minutes west a distance of 20.12 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 3743.11 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, north 31
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degrees 33 minutes west along the west right-of-way of U. S. Highway No. 41, a distance of 32.23 feet to a point; thence, north 34 degrees 10 minutes west, along the west right-of-way of U. S. Highway No. 41 a distance of 167.97 feet to a point, said point being the intersection of the west right-of-way of U. S. Highway No. 41 and the south right-of-way of Briggs Drive; thence, along the south right-of-way of Briggs Drive, south 59 degrees 58 minutes west, a distance of 545.84 feet to a point; thence, running 137.45 feet along the arc whose chord distance is 129.02 feet at south 24 degrees 49 minutes west to a point; thence, south 10 degrees 20 minutes east, a distance of 92.10 feet to a point; thence, running 176.71 feet along the arc whose chord distance is 174.33 feet at south 26 degrees 45 minutes east to a point; thence, south 43 degrees 10 minutes east, a distance of 226.90 feet to a point; thence, running 187.72 feet along the arc whose chord distance is 181.96 feet at south 67 degrees 53 minutes east to a point; thence, north 87 degrees 24 minutes east along the north right-of-way of Smithbriar Drive, a distance of 422.13 feet to a point; thence, north 0 degrees 51 minutes west, a distance of 9.60 feet to a point; thence, north 89 degrees 09 minutes east, along the north right-of-way of Smithbriar Drive 80.0 feet to a point, said point being the intersection of the projected east right-of-way of North Oak Street with the north right-of-way of Smithbriar Drive; thence, 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 feet, plus or minus, to a point at the south intersection of North Patterson Street and Smithbriar 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 the 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
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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 66 feet plus or minus to a point; thence, south 68 degrees 19 minutes west a distance of 146.19 feet; thence, south 31 degrees 25 minutes east a distance of 132 feet, more or less; thence, south 88 degrees 30 minutes west to the west margin of North Patterson Street; thence, north 14 degrees 03 minutes west along the west margin of North Patterson Street a distance of 100.95 feet to a point, said point being the southwest intersection of North Patterson Street and Northside Drive; thence, south 75 degrees 43 minutes west along the south margin of Northside Drive a distance of 438.85 feet to a point; thence, south 88 degrees 30 minutes west to the center of the intersection of North Oak Street and Eager Road (Northside Drive); 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 1483 feet to the south margin of Eager Road; thence, north 87 degrees, 28 minutes east along the south margin of Eager Road a distance of 383.49 feet; thence, north 2 degrees 32 minutes west a distance of 80.0 feet to a point on the north margin of Eager Road; thence, north 0 degrees 54 minutes west a distance of 795.00 feet; thence, north 6 degrees 37 minutes west a distance of 50.13 feet; thence, north 0 degrees 54 minutes west a distance of 338.00 feet; thence, south 87 degrees 28 minutes west a distance of 165.00 feet; thence,
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south 81 degrees 45 minutes west a distance of 50.41 feet; thence, south 87 degrees 28 minutes west a distance of 160.00 feet; thence, south 0 degrees 54 minutes east a distance of 1178.00 feet to a point on the north margin of Eager Road; thence, south 2 degrees 32 minutes east a distance of 40.0 feet, to a point on the centerline of Eager Road; thence, westerly along the centerline of Eager Road to a point, said point being 512.87 feet east of the 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 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 89 degrees 04 minutes east a distance of 150.0 feet; thence, north 11 degrees 25 minutes west a distance of 200.0 feet, said point on the south margin of Winding Way; thence, north 82 degrees 40 minutes west, a distance of 15.29 feet along the south margin of Winding Way; thence, westerly along the curving south margin of Winding Way a distance of 114.98 feet; thence, south 82 degrees 48 minutes west a distance of 20.70 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 21 minutes west a distance of 649.59 feet; thence, south 89 degrees 18 minutes west a distance of 211.63 feet; thence, south 89 degrees 26 minutes west a distance of 211.89 feet; thence, south 0 degrees 46 minutes east a distance of 140.0 feet; thence, south 15 degrees 12 minutes east a distance of 51.7
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feet; thence, south 6 degrees 1 minute east a distance of 156.9 feet; thence, south 79 degrees 18 minutes west a distance of 150.0 feet; thence, south 76 degrees 36 minutes west a distance of 156.1 feet; thence, south 61 degrees 42 minutes west a distance of 150.35 feet; thence, south 56 degrees 21 minutes west a distance of 271.2 feet; thence, south 54 degrees 52 minutes west a distance of 140.75 feet; thence, south 48 degrees 54 minutes west a distance of 194.44 feet; thence, south 32 degrees 11 minutes east a distance of 49.95 feet; thence, south 58 degrees 38 minutes west a distance of 176.45 feet; thence, north 38 degrees 53 minutes west a distance of 30.00 feet; thence, south 40 degrees 47 minutes west a distance of 100.95 feet; 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 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 center branch known as Sugar Creek; thence, running southerly and along the center of the run of said Sugar Creek to the west margin of the right-of-way of the Georgia Southern and Florida Railroad; thence, running north 16 degrees 55 minutes west along the west margin of said railroad right-of-way a distance of 751.02 feet; thence, north 88 degrees 31
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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 354.67 feet to a point; thence, south 1 degree 14 minutes 37 seconds west a distance of 315 feet to a point; thence, south 88 degrees 29 minutes 30 seconds east a distance of 630.33 feet to a point; thence, south 1 degree 14 minutes 37 seconds west a distance of 549.09 feet to a point; thence, south 88 degrees 29 minutes 30 seconds east a distance of 456.98 feet to a point; thence, north 50 degrees 52 minutes 20 seconds east a distance of 795.77 feet to a point; thence, south 43 degrees 31 minutes 0 seconds east a distance of 324.58 feet to a point; thence, north 46 degrees 29 minutes 0 seconds east a distance of 300.44 feet to a point; thence, south 46 degrees 29 minutes 0 seconds west a distance of 183.55 feet to a point; thence, south 43 degrees 31 minutes 0 seconds east a distance of 148.50 feet to a point on the western margin of Gornto Road; thence, south 43 degrees 31 minutes east a distance of 68 feet more or less to a point on the east margin of Gornto Road; thence, south 43 degrees 31 minutes east a distance of 150.00 feet to a point; thence, north 46 degrees 29 minutes east a distance of 219.00 feet to a point; thence, north 18 degrees 01 minutes east a distance of 213.13 feet to a point; thence, north 1 degree 29 minutes east 761.2 feet to a
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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; thence, north 01 degrees 29 minutes east a distance of 356.36 feet to a point; thence, south 43 degrees 31 minutes west a distance of 481.00 feet to a point; thence, south 87 degrees 55 minutes 44 seconds west a distance of 59.22 feet to a point; thence, north 46 degrees 29 minutes west a distance of 258.59 feet to a point on the east margin of Gornto Road; thence, continuing north 46 degrees 29 minutes west a distance of 80 feet to a point on the west margin of Gornto Road; thence, running southerly along the west margin of Gornto Road to the intersection of the west margin of Gornto Road with north margin of Baytree Road; thence, running westerly along the north margin of Baytree Road to a point, being the intersection of the north margin of Baytree Road with projected west margin of Ellis Drive; thence, running southwesterly across Baytree Road right-of-way and along the west margin of Ellis Drive a distance of 1073.00 feet to a point; thence, north 89 degrees 44 minutes west a distance of 203.56 feet; thence, north 3 degrees 54 minutes east a distance of 57.38 feet; thence, north 87 degrees 13 minutes west a distance of 243.25 feet to a point on the east margin of Springhill Drive; thence, south 6 degrees 18 minutes west a distance of 184.25 feet along the east margin of Springhill Drive; thence, south 61 degrees 24 minutes east a distance of 200.00 feet; thence, north 81 degrees 51 minutes east a distance of 9.63 feet;
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thence, south 2 degrees 47 minutes west a distance of 200.00 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 Springhill 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, north 61 degrees 24 minutes west along the north right-of-way of Georgia 94 (St. Augustine Road) to a point; thence, north 60 degrees 45 minutes west along the north right-of-way of Ga. 94 to a point where the north right-of-way of Ga. 94 intersects the east right-of-way of I-75; thence, north 40 degrees 36 minutes 30 seconds west, a distance of 236 feet more or less to a point on the east right-of-way of I-75; thence, north 18 degrees 55 minutes west, a distance of 442 feet more or less to a point on the east right-of-way of I-75; thence, north 35 degrees 38 minutes 30 seconds west, a distance of 570 feet more or less to a point on the east right-of-way of I-75; thence, north 18 degrees 51 minutes west, a distance of 801 feet more or less to a point on the east right-of-way of I-75; thence, south 71 degrees 09 minutes west, a distance of 300.00 feet to a point on the west right-of-way of I-75; thence, south 30 degrees 08 minutes 07 seconds west, a distance of 443.10 feet to a point on the north right-of-way of Baytree Road Extension; thence, along the north right-of-way of Baytree Road, north 88 degrees 24 minutes 15 seconds east, a distance of 400.00 feet to a point on the west right-of-way of I-75; thence, south 8 degrees 51 minutes east, a distance of 373.18 feet to a point on the west right-of-way of I-75; thence, south 56 degrees 54 minutes east, a distance of 58 feet more or less to a point where the west right-of-way of I-75 intersects the north right-of-way of Ga. 94; thence, south 35 degrees 24 minutes west, a distance of 85 feet to a point on the south right-of-way of Ga. 94 and the west right-of-way of I-75; thence, south 40 degrees 36 minutes east, a distance of 240 feet more or less, to a point on the west right-of-way of I-75; thence, south 19
Page 3260
degrees 03 minutes east, a distance of 431 feet more or less along the right-of-way of I-75 to a point; thence, south 35 degrees 14 minutes 30 seconds east, a distance of 496 feet more or less along the right-of-way of I-75 to a point; thence, south 18 degrees 51 minutes east, a distance of 765 feet more or less along the west right-of-way of I-75 to a point; thence, south 18 degrees 39 minutes east, a distance of 111 feet more or less along the west right-of-way of I-75 to a point; thence, north 71 degrees 21 minutes east, a distance of 300.00 feet to the east right-of-way of I-75; 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 200.0 feet to a point located on the south margin of U. S. Highway 94; thence, proceeding south 61 degrees 24 minutes east along the south margin of U. S. Highway 94 a distance of 489.70 feet; thence, south 28 degrees 06 minutes west a distance of 838.20 feet; thence, south 61 degrees 24 minutes east a distance of 210.00 feet; thence, north 28 degrees 06 minutes east a distance of 838.20 feet to a point on the south margin of U. S. Highway 94; thence, south 61 degrees 24 minutes east a distance of 220 feet more or less to an iron pin located at the southeast corner of the intersection of said highway and a paved road leading to Lowndes County High 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 280 feet, more or less, to an iron pin; thence, north 23 degrees 53 minutes east a distance of 545.0 feet; thence, north 61 degrees 24 minutes west a distance of 443.51 feet; thence,
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south 0 degrees 35 minutes west a distance of 596.19 feet to a point being the northeast intersection of Gornto Road (formally Rose Hill Drive) and U. S. Highway 94; thence, north 61 degrees 11 minutes west a distance of 88 feet, more or less, said point being the northwest intersection of Gornto Road and U. S. Highway 94; thence, north 2 degrees 49 minutes 15 seconds east a distance of 851.50 feet; thence, north 89 degrees 53 minutes 53 seconds west a distance of 198.17 feet; thence, north 0 degrees 20 minutes 21 seconds west a distance of 11.99 feet; thence, north 89 degrees 53 minutes 53 seconds west a distance of 209.55 feet to a point, said point on the east margin of Ellis Drive; thence, north 4 degrees 51 minutes east along the east margin of Ellis Drive a distance of 992.38 feet to the south margin of Baytree Road; thence, from said point continuing eastwardly along the south margin of Baytree Road a distance of 4010 feet more or less to a point at the intersection of said margin and the west margin of the Georgia Southern and Florida Railroad right-of-way; thence, continuing eastwardly along the south margin of Baytree Road to its intersection with the west margin of Melody Lane; thence, running southerly along the west margin of Melody Lane to the southern end of Melody Lane; thence, running due south to the center of the run of One Mile Branch; thence, running westerly along the meanderings of the center of the run of said One Mile Branch to the west margin of Gordon Street; thence, running north 33 degrees 37 minutes west along the west margin of Gordon Street a distance of 469 feet; thence, running south 40 degrees west 216 feet to the east margin of the right-of-way of the Georgia Southern and Florida Railroad; thence, running north along said east margin of said railroad right-of-way a distance of 765 feet; thence, running south 40 degrees west to the center of the run of 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, south 58 degrees 29 minutes east, a distance of 141.3 feet along Sugar Creek to a point; thence, south 47 degrees 18 minutes east, a distance of 100.35 feet along Sugar Creek to a point; thence, south 51 degrees 48 minutes east, a distance of 91.30 feet along Sugar Creek to a point; thence, south 47 degrees 22 minutes east, a distance of 90.33 feet
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along Sugar Creek to a point; thence, south 50 degrees 12 minutes east, a distance of 90.82 feet along Sugar Creek to a point; thence, south 48 degrees 28 minutes east, a distance of 90.13 feet along Sugar Creek to a point; thence, south 44 degrees 41 minutes east, a distance of 90.07 feet along Sugar Creek to a point; thence, south 49 degrees 38 minutes east, a distance of 88.13 feet along Sugar Creek to a point, said point also being on the north right-of-way of Lankford Drive; thence, along the north right-of-way of Lankford Drive, north 48 degrees 25 minutes east, a distance of 146.43 feet; thence, north 41 degrees 35 minutes west, a distance of 144.03 feet along the east margin of Lankford Circle (private road) to a point; thence, north 9 degrees 35 minutes west, a distance of 258.05 feet to a point on the west right-of-way of the 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 a small creek 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 61.62 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
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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 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, southwesterly 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
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North Stanley Street (St. Augustine Road) to an iron pin on the west right-of-way of 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 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 Hill Avenue (U. S. Highway No. 84); thence, running westerly on a curve 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 945 feet more or less; thence, north 31 degrees 49 minutes west a distance of 300.0 feet; thence, south 58 degrees 11 minutes west a distance of 200.0 feet; thence, south 31 degrees 49 minutes west a distance of 300.0 feet; thence, south 58 degrees 11 minutes west, along the north margin of U. S. Highway 84, a distance of 200 feet, more or less to the east boundary of Mathis Acres Road; 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 408.4 feet to the east margin of the right-of-way of Interstate Highway No. 75; thence, north 31 degrees 06 minutes west along the east right-of-way of I-75 a distance of 366 feet more or less to a point; thence, north 24 degrees 41 minutes west along the east right-of-way of I-75, 1070 feet more or less to a point; thence, south 65 degrees 19 minutes west, a distance of 300.0 feet to the west right-of-way of I-75; thence, north 88 degrees 10 minutes west, a distance of 316.00 feet to a
Page 3265
point, on the east right-of-way of Briarwood Drive; thence, south 29 degrees 58 minutes east, along the east right-of-way of Briarwood Drive, a distance of 519.20 feet to a point; thence, south 28 degrees 28 minutes east, along the east right-of-way of Briarwood Drive, a distance of 424.00 feet to a point; thence, north 65 degrees 19 minutes east, a distance of 205.00 feet to a point on the west right-of-way of I-75; thence, south 18 degrees 40 minutes east, along the west right-of-way of I-75, a distance of 386.25 feet to a point, where the 16/17th Land Lot Line intersects the west right-of-way of I-75; thence, south 3 degrees 55 minutes east, a distance of 735 feet more or less along the west right-of-way of I-75, to a point; thence, south 86 degrees 05 minutes west, a distance of 80.0 feet to a point on the west margin of the right-of-way of Briarwood Drive, 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 right-of-way of U. S. Highway No. 84; thence, south 58 degrees west, along the north right-of-way of U. S. Highway 84 a distance of 99.61 feet to a point; thence, north 27 degrees west, a distance of 1122.0 feet to a point; thence, south 57 degrees 30 minutes west, a distance of 226.50 feet to a point; thence, south 27 degrees east, a distance of 1,132.0 feet to a point on the north right-of-way of U. S. Highway 84; thence, running perpendicular to the right-of-way of U. S. Highway 84, a distance of 140.00 feet to a point on the south right-of-way of U. S. Highway 84; thence, north 58 degrees east along the south right-of-way of U. S. Highway 84, a distance of 354.10 feet to a point; thence, south 27 degrees 55 minutes east along the west boundary of said property a distance of approximately 827.0 feet to the north margin of the right-of-way of S.C.L. Railroad; thence, running north 63 degrees 53 minutes east approximately 4854.0 feet to the east boundary of the property of 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
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(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 No. 63 in the 11th Land District of Lowndes County, Georgia; thence, running easterly along said south line of said Lot No. 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 (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
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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 No. 64 approximately 645 feet from last mentioned point; thence, south 88 degrees 12 minutes 19 seconds west a distance of 3560.54 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; thence, south 86 degrees 51 minutes west 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 No. 64; thence, running south 2 degrees 09 minutes 09 seconds east a distance of 2730.03 feet along said Land Lot Line to a point located in the center of the run of Mud Swamp Creek; thence, north 89 degrees 40 minutes 08 seconds east along the meanderings of Mud Swamp Creek a distance of 215.48 feet to a point; thence, north 57 degrees 49 minutes 53 seconds east a distance of 400.25 feet to a point; thence, north 68 degrees 38 minutes 37 seconds east a distance of 410.22 feet to a point; thence, north 61 degrees 32 minutes 25 seconds east a distance of 402.00 feet to a point; thence, north 81 degrees 17 minutes 41 seconds east a distance of 383.42 feet to a point located on the west margin of the Valdosta-Clyattville Road; thence, north 57 degrees 40 minutes east a distance of 80.00 feet to a point located on the east margin of the last mentioned road; thence, north 85 degrees 27 minutes 40 seconds east a distance of 448.51 feet to a point; thence, north 80 degrees 04 minutes 52 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
Page 3268
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 of 581.08 feet to a point; thence, south 23 degrees 44 minutes 05 seconds east a distance of 263.92 feet to a point; thence, south 11 degrees 58 minutes 32 seconds west a distance of 366.30 feet to a point 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,
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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 01 degrees 11 minutes west a distance of 1019.62 feet to a point; thence, north 10 degrees 45 minutes west a distance of 190.53 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 31; thence, north 11 degrees 14 minutes west along said margin a distance of 1420.94 feet to a point; thence, north 86 degrees 51 minutes east 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,
Page 3270
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, 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 1225.67 feet to a point; thence, north 16 degrees 12 minutes 56 seconds west, a distance of 311.18 feet to a point; thence, north 73 degrees 59 minutes 06 seconds east, a distance of 305.76 feet to a point; thence, north 16 degrees 12 minutes 56 seconds west, a distance of 626.56 feet to a point on the south right-of-way of Old Statenville Road; thence, north 73 degrees 50 minutes east along the south right-of-way of Old Statenville Road a distance of 201.40 feet to a point; thence, along the arc where length is 225.3 feet to a point; thence, north 71 degrees 01 minutes east along the south right-of-way of Old Statenville Road, a distance of 167.30 feet to a point which is the intersection of the south right-of-way of Old Statenville
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Road and the west right-of-way of Clay Road; thence, north 1 degree 31 minutes west a distance of 84.3 feet to a point where the north right-of-way of Old Statenville Road and the west right-of-way of Clay Road intersects; thence, north 3 degrees 41 minutes west a distance of 2443.98 feet along Clay Road to the South margin of the Georgia Southern and Florida Railroad; thence, south 87 degrees, 45 minutes west a distance of 2647.67 feet along the south margin of the Georgia Southern and Florida Railroad; thence, running northerly along the east original line of Land Lot 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 southern margin of the Seaboard Coastline Railroad and the west margin of the Industrial Boulevard, formerly known as Clay Road; thence, running south 5 degrees 35 minutes east along the west margin of Industrial Boulevard a distance of 1049.18 feet to a point; thence, running along the west margin of said Boulevard and along a curve whose radius is 17,148.8 feet a distance of 982.71 feet; thence, running south 52 degrees 18 minutes east along the west margin of Industrial Boulevard a distance of 1434.65 feet to a point, said point being on the north right-of-way of the Georgia Southern and Florida Railroad; thence, running north 89 degrees 10 minutes east a distance of 86.02 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 384.00 feet more or less to a point; thence, north 87 degrees 42 minutes west a distance of 300 feet to a point; thence, north 2 degrees 18 minutes west a distance of 66 feet to a point; thence, south 87 degrees 42 minutes east a distance of 300
Page 3272
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 976.30 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 of 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: (1) BEGINNING at the intersection of the west margin of South Patterson Street (U. S. Highway No. 41) in Lowndes County, Georgia, with the south margin of Dampier Street, and from said intersection running westerly along the south margin of Dampier Street approximately 975 feet to the center of a drainage ditch or canal; thence, running 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
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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. (2) BEGINNING on the intersection of the east boundary of Land Lot No. 77, 11th Land District of Lowndes County and the east boundary of Lake Park Road, said point being also 1082.5 feet plus or minus along the east margin of Lake Park Road from the intersection of the south margin of Bethune Street and the east margin of Lake Park Road; thence, running northerly along the boundary of Land Lot No. 77, a distance of 63 feet more or less to a point; thence, north 32 degrees 48 minutes 30 seconds east a distance of 475.17 feet to a point; thence, north 42 degrees 10 minutes 00 seconds west a distance of 285.40 feet to a point; thence, south 33 degrees 14 minutes 12 seconds west a distance of 135.24 feet to a point on the east boundary of Land Lot No. 77; thence northerly along the east boundary of Land Lot 77 to a point, said point being a distance of 141.85 feet, on a bearing of South 15 degrees 25 minutes west, 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; thence, south 42 degrees 1 minute 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 a distance of 768 feet, more or less to the east boundary of Land Lot No. 77, and the POINT OF BEGINNING. (3) BEGINNING at the intersection of the south margin of Morningside Drive and the projected west margin of Woodgate Drive and from said intersection running south 2 degrees 58 minutes east a distance of 1062 feet, more or less to the north margin of the Old Statenville Road; thence, easterly along said margin a distance of 60.0 feet; thence,
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north 2 degrees 58 minutes west a distance of 1062 feet, more or less to the intersection of the projected south margin of Morningside Drive with the propected east margin of Woodgate Drive; thence, westerly along the projected south margin of Morningside Drive to the POINT OF BEGINNING. 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. Be it further enacted that there shall be elected on the second Tuesday in February, 1974, a mayor and one councilman for each of six council posts, said posts being termed Council Post 1, Council Post 2, Council Post 3, Council Post 4, Council Post 5, and Council Post 6. Councilmen elected in said election to Council Post 1, Council Post 3 and Council Post 5 shall be elected for a term of two years, or until their successors are elected and qualified. Councilmen elected in said election to Council Post 2, Council Post 4 and Council Post 6 shall be elected for a term of four years, until their successors are elected and qualified. The mayor elected in said election shall be elected for a term of two years. Thereafter, biennially, a mayor shall be elected for a two-year term and the three council posts, the terms of councilmen for which have expired, shall be filled for terms of four years. Said elections shall be under the form and regulations prescribed by law for the holding of municipal elections. All elections for mayor and councilmen, and all other elections, shall be held at a polling place or at polling places designated by the mayor and council. Elections. Section 3. Said Act is further amended by striking from section 4A the following: said special election shall be held no sooner than the third Tuesday in February and no later than the fourth Tuesday in February next ensuing, and inserting in lieu thereof the following: said special election shall be held on the 14th day after the holding of the general municipal election,
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so that when so amended, Section 4A shall read as follows: Section 4A. Should no person receive a majority of the legal votes polled for the office of mayor or for any one or more of the six council posts, the superintendents of elections shall certify to the mayor and council the names of the two persons who shall have received the largest number of legal votes polled for said office of mayor or any one or more of said council posts for which no person received a majority of legal votes polled, and the mayor and council shall call a special election between the two persons receiving the largest number of legal votes polled for such offices of mayor or council posts; said special election shall be held on the 14th day after the holding of the general municipal election; and said special election shall be held in the manner provided in Section 3 of this Act, as amended; and the superintendents of said special election shall duly declare the results of said special election, and shall issue certificates of election to such persons as receive a majority of legal votes polled in said special election, who shall at such time and place as may be prescribed by the ordinances of said city qualify by taking an oath to well and truly perform the duties of their respective offices as such mayor and councilmen during their term of office, which oath, with certificates of election given by the said superintendents, shall be entered on the minutes of said council, and the originals filed in the office of the clerk of said council. Special elections. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1973 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. This 13th day of December, 1972. Henry T. Brice City Attorney City of Valdosta
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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 124th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times and which is the official organ of Lowndes County, on the following dates: December 29, 1912, January 6, 12, 1973. /s/ Jim T. Bennett, Jr. Representative, 124th District Sworn to and subscribed before me, this 28th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF RINGGOLDCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 578 (House Bill No. 879). An Act to amend an Act incorporating the City of Ringgold, approved March 15, 1943 (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved March 9, 1945 (Ga. L. 1945, p. 1130), an Act approved February 21, 1951 (Ga. L. 1951, p. 284), an Act approved March 9, 1959 (Ga. L. 1959, p. 2598), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3195), so as to change the corporate limits of the City of Ringgold; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Ringgold, approved March 15, 1943 (Ga. L. 1943, p. 1508), as amended, particularly by an Act approved March 9, 1945 (Ga. L. 1945, p. 1130), an Act approved February 21, 1951 (Ga. L. 1951, p. 284), an Act approved March 9, 1959 (Ga. L. 1959, p. 2598), and an Act approved March 17, 1960 (Ga. L. 1960, p. 3195), is hereby amended by adding after section 2A, a new section, to be designated section 2B, to read as follows: Section 2B. The corporate limits of the City of Ringgold in addition to the territory described in Section 2 and Section 2A shall also include the property as described below: All that tract or parcel of land lying and being in original land lots 169 and 156 in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows: BEGINNING at a point on the northeast boundary line of the present corporate limits of the City of Ringgold, and the west line of Clearview Drive, and running in a northeasterly direction along Clearview Drive to a point where said road intersects the southeast corner of land lot 156; thence north along the east line of said land lot a distance of 2030 feet to a point; thence west a distance of 2790 feet to a point and the east line of Chickamauga Creek; thence south along Chickamauga Creek to a point where the present corporate limits of the City of Ringgold now exist. Also, all that tract or parcel of land lying and being in original land lot 192, in the 28th District and 3rd Section of Catoosa County, Georgia, and being more particularly described as follows: BEGINNING at the southeast corner of the present corporate limits of Ringgold and running thence northeast along the present corporate limits to a point where the same turns northwest; thence east a distance of 800 feet to the north line of the C. J. A. Pharr property and the west line
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of Clearview Drive and the present corporate limits of the City of Ringgold. 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 of the intention to amend the Charter of the City of Ringgold, Catoosa County, Georgia, in the 1973 session of the General Assembly of the State of Georgia, to extend the corporate limits of said City to include all of the area known as the Welcome Hill Community and the property known as the Emberson property, fronting U. S. highway 41 on the West, Calhoun Street on the North, the Herb Fry property on the South, and extending to the top of White Oak Mountain. Robert G. Peters 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 28, 1972 and January 4, 11, 1973. Robert G. Peters Representative, 2nd District Sworn to and subscribed before me, this 21st day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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CITY OF THOMASTONCHARTER AMENDEDCORPORATE LIMITS EXTENDED, ETC. No. 579 (House Bill No. 882). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933, (Ga. L. 1933, p. 1070 et seq.), as amended, to change and extend the present corporate limits of said City and to describe new territory to become a part of the said City of Thomaston; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act of the General Assembly of Georgia, approved March 15, 1933, (Ga. L. 1939, p. 1070 et seq.), entitled An Act to amend, consolidate, and supersede the several Acts incorporating the City of Thomaston in the County of Upson, State of Georgia; to create a new charter and municipal government for said city; to define the corporate limits of said city, etc., as amended, be, and the same is hereby, amended by adding to Section 4 of said Act, defining the corporate limits of said city, additional paragraphs as a part of said section 4 of said Act, to read as follows: All that certain tract of land, containing 92.74 acres, more or less, lying and being in Land Lots Nos. 229 and 230 of the 10th Land District of Upson County, Georgia, and being more particularly shown on plat thereof prepared by J. Wayne Proctor, Sr., Surveyor, dated May 12, 1970 (revised September 17, 1971), and recorded in Plat Record 6, page 74, in Clerk's Office, Superior Court, Upson County, Georgia, as follows, to-wit: Beginning at a point on the North boundary of the existing corporate limits of the City of Thomaston, Georgia, (which north boundary of said corporate limits is the north bank of Potato Creek), and which beginning point is at the intersection of said north bank of said Creek with the west right of way line of U. S. Highway 19, and running thence northwesterly along the west or southwest right of way line of said U. S. Highway 19 to the original north line of said Land Lot No. 229 (original south line of said Lot No.
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230); and running thence north 89 degrees 44 minutes west along the original south line of said Land Lot No. 230 (separating the lands here described from lands of the J. L. C. Barron Estate), a distance of 856.0 feet to the center of the run of Potato Creek; thence northwesterly along the center of the run of Potato Creek the following courses and distances; North 20 degrees 14 minutes west 255.4 feet, north 50 degrees 51 minutes west 270.4 feet, and north 50 degrees 00 minutes west 480.0 feet; thence leaving said Creek and running thence north 1 degree 02 minutes west along the east boundary of Northcrest Subdivision a distance of 1,683.2 feet to the center of a branch; thence up the center of the run of said branch (separating the lands here described from lands of the First Assembly of God Church) the following courses and distances: South 58 degrees 46 minutes east 58.9 feet, north 88 degrees 42 minutes east 67.2 feet, north 42 degrees 02 minutes east 64.5 feet, north 22 degrees 31 minutes east 47.9 feet, south 69 degrees 43 minutes east 35.0 feet, north 34 degrees 34 minutes east 149.3 feet, north 26 degrees 54 minutes east 195.5 feet, north 81 degrees 32 minutes east 60.0 feet, north 4 degrees 07 minutes east 95.2 feet, north 56 degrees 57 minutes east 31.7 feet, north 10 degrees 51 minutes east 54.1 feet, and north 57 degrees 02 minutes east 120.8 feet to the south side of County Road; thence south 82 degrees 34 minutes east along the south side of County Road 92.1 feet; thence continuing along the south side of County Road south 86 degrees 27 minutes east 100.0 feet; thence continuing along the south side of County Road north 89 degrees 30 minutes east 101.0 feet; thence continuing along the south side of County Road north 86 degrees 41 minutes east 374.5 feet; thence continuing along the south side of County Road south 89 degrees 38 minutes east 209.0 feet to the west right of way line of U. S. Highway 19; thence continuing across said U. S. Highway 19 south 89 degrees 38 minutes east a distance of 80 feet to the east right of way line of said highway; and thence southerly along the east right of way line of said highway, and following the curves and offsets of same, as shown on the above mentioned plat, to the north bank of Potato Creek (north boundary of present corporate limits of said City of Thomaston, Georgia); and thence southwesterly along the north bank of Potato Creek
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and along the present corporate limits of said City of Thomaston, Georgia, 120 feet to the point of beginning. All that certain tract or parcel of land situate, lying and being in Land Lot No. 230 of the 10th Land District of Upson County, Georgia, which is shown and delineated on that certain plat, a copy of which is of record in Plat Book 6, page 149, Clerk's Office, Superior Court, Upson County, Georgia, reference to which plat, as so recorded, is here made in aid of this description, and which is more particularly described as follows, to-wit: Beginning at the Northeast corner of Tract C shown on that certain plat of record in Plat Book 5, page 212, said Clerk's Office (which plat, as so recorded, is incorporated herein in aid of this description), which point is the Southeast corner of the tract herein described, and run thence South 77 degrees 45 minutes 16 seconds West 232.20 feet; thence North 7 degrees 03 minutes 30 seconds West 210.0 feet; thence South 89 degrees 01 minutes 16 seconds East 244.71 feet; and thence South 2 degrees 58 minutes 27 seconds East 155.19 feet to the point of beginning. All that certain tract or parcel of land containing 6.38 acres situate, lying and being in the Eastern part of Land Lot No. 230 of the 10th Land District of Upson County, Georgia, consisting of Tract A, Tract B, and Tract C shown and delineated on that certain plat, a copy of which is of record in Plat Book 5, page 212, in the Office of the Clerk of the Superior Court of Upson County, Georgia, which said plat, as so recorded, is incorporated herein in aid of this description and which is more particularly described according to said plat as follows, to-wit: Beginning at an iron pin at the point of intersection of the East right of way line of U. S. Highway 19 with the South right of way line of County Road, at which point the City of Thomaston corporate limit line and the East right of way line of said U. S. Highway 19 constitute a common line) and run thence South 81 degrees 31 minutes East 100 feet; thence South 85 degrees 51 minutes 30 seconds East 50.0 feet; thence South 86 degrees 48 minutes 30 seconds East 30.0; thence South 7 degrees 03 minutes 30 seconds East 210.0 feet; thence North 78 degrees 10 minutes East 232.2
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feet; thence South 2 degrees 58 minutes 30 seconds East 345.3 feet; thence South 13 degrees 02 minutes 30 seconds East 314.8 feet; thence South 85 degrees 24 minutes 30 seconds West 377.6 feet to the Eastern right of way line of said U. S. Highway 19; thence North 8 degrees 21 minutes West 71.0 feet; thence North 10 degrees 31 minutes West 449.7 feet; thence North 10 degrees 31 minutes West 120.8 feet; thence North 9 degrees 25 minutes West 32.8 feet; thence North 7 degrees 57 minutes West 100.0 feet; and thence North 6 degrees 04 minutes 30 seconds West 100.0 feet to the point of beginning. All that certain tract or parcel of land comprised of Tract A shown and delineated on that certain plat of survey, a copy of which is of record in Plat Book 6, page 184, in the Office of the Clerk of the Superior Court of Upson County, Georgia, and all of the lands delineated on that certain plat of survey prepared by N. S. Westbrook, a copy of which plat is of record in Plat Book 6, page 62, said Clerk's Office, and all of that portion of State Route No. 74 situated between said two tracts of land, which entire area is more particularly described as follows, to-wit: Beginning at the Northeast corner of said Tract A shown on said plat which is of record in Plat Book 6, page 184, said Clerk's Office, being the point designated as P.O.B. thereon, and run thence South 26 degrees 09 minutes 37 seconds West 145.05 feet; thence Easterly along the Southly side of Tract B shown on said plat, an arc distance of 544.258 feet; thence due North 16.17 feet; thence Easterly along the South line of said Tract B an Arc distance of 110.02 feet; thence South 63 degrees 34 minutes East 59.41 feet; thence South 63 degrees 51 minutes 10 seconds West 138.31 feet across said State Route No. 74 to the Northeast corner of the tract of land shown on said plat of record in Plat Book 6, page 62, said Clerk's Office; thence South 61 degrees West 270 feet; thence South 30 degrees West 978 feet; thence South 3 degrees 30 minutes West 697.5 feet; thence North 44 degrees West 1.188.1 feet; thence North 28 degrees East 351.1 feet; thence North 22 degrees 48 minutes East 554.4 feet; thence continuing in a straight line across said State Route No. 74 to the Southwest corner of Tract A shown on said plat of record
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in Plat Book 6, page 184, said Clerk's Office; thence North 24 degrees 22 minutes 52 seconds East 232.94 feet; thence North 88 degrees 41 minutes 43 seconds East 93.39 feet; thence North 89 degrees, 20 minutes 15 seconds East 255.13 feet; thence North 89 degrees 53 minutes 50 seconds East 99.84 feet; thence South 89 degrees 04 minutes 35 seconds East 97.39 feet; and thence South 87 degrees 51 minutes 13 seconds East 66.14 feet to the point of beginning. All that certain tract or parcel of land containing 2.009 acres, situate, lying and being in Land Lot No. 250 of the 10th Land District of Upson County, Georgia, being comprised of Tract B and Tract D shown and delineated on that certain plat of survey, a copy of which is of record in Plat Book 6, page 184, Clerk's Office, Superior Court, Upson County, Georgia, which said two tracts, combined, are more particularly described by reference to said plat as follows: Beginning at the point marked P.O.B. (the Northeast corner of Tract A) shown on said plat and run thence South 26 degrees 09 minutes 37 seconds West 145.05 feet; thence Easterly, along a curve to the right, an arc distance of 544.258 feet (being along the Southerly line of Tract B); thence North 16.17 feet; thence Southeasterly, along a curve to the right, an arc distance of 110.02 feet (along a Southerly side of Tract B); thence South 63 degrees 34 minutes East 59.41 feet; thence North 63 degrees 51 minutes 10 seconds East 125.92 feet; thence North 63 degrees 34 minutes West to Station G; thence North 62 degrees 08 minutes 10 seconds West 179.89 feet to Station F; thence North 64 degrees 38 minutes 34 seconds West 93.77 feet to Station E; thence North 70 degrees 39 minutes 23 seconds West 95.28 feet to station D; thence North 76 degrees 57 minutes 32 seconds West 92.84 feet to Station C; thence North 79 degrees 24 minutes 57 seconds West 94.68 feet to Station B; thence North 85 degrees 20 minutes 44 seconds West 142.10 feet to Station A; and thence North 87 degrees 51 minutes 13 seconds West 26.93 feet to the Northeast corner of Tract A, being the point of beginning; said plat, as so recorded, is incorporated herein by this reference, in aid of this description.
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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 herewith are hereby repealed. Section 4. This Act shall become effective immediately upon its passage by the General Assembly and upon its approval by the Governor or upon its becoming law without the approval of the Governor. Effective date. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 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 9th day of January, 1973. /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 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,
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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 11, 1973, January 18, 1973, and January 25, 1973. /s/ S. J. Carswell Sworn to and subscribed before me, this 30th day of January, 1973; /s/ Brenda J. Sollenberger Notary Public, Upson County, Georgia. My Commission expires Sept. 25, 1976. (Seal). Approved April 17, 1973. LOWNDES COUNTY WATER AND SEWERAGE AUTHORITY ACT. No. 580 (House Bill No. 887). An Act to create the Lowndes County Water and Sewerage Authority; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants and any and all other related facilities; to confer powers
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and 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 the use of the utilities and facilities of the Authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority 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; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Lowndes County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance of funding or refunding bonds; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds be validated; to provide for the separate enactment of each provision of this Act; to repeal all laws or parts of laws in conflict with provisions of this 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. Short title. This shall be known and may be cited as the Lowndes County Water and Sewerage Authority Act. Section 2. Lowndes County Water and Sewerage Authority. There is hereby created a body corporate and politic, to be known as the Lowndes County Water and Sewerage Authority, which shall be deemed to be a political subdivision of the State of Georgia, and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded,
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complain and defend in all courts of law and equity. The Authority shall consist of five (5) members whose positions shall be designated as Post Nos. One through Five. The member occupying Post No. One shall be the chairman of the Authority. All members shall be resident freeholders of the county and all of said members shall be appointed by the Board of Commissioners of Lowndes County. The terms of the first members of said Authority shall be as follows: The member appointed to Post No. One shall serve until December 31, 1974; the members appointed to Post Nos. Two and Four shall serve until December 31, 1974; the members appointed to Post Nos. Three and Five shall serve until December 31, 1976. Thereafter, all members selected and appointed shall serve for a term of four (4) years and until their successors shall have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such Authority shall enter upon their duties. Any vacancy on the Authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The Authority shall elect one of its members as vice-chairman and it may also elect a secretary and treasurer, who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be compensated as determined from time to time by the governing body of Lowndes County; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence.
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Section 3. Definitions. As used in this Act the following words and terms shall have the following meanings: (a) The word Authority shall mean the Lowndes County Water and Sewerage Authority created by Section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction and equipping of water facilities for obtaining one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including, but not limited to, the State of Georgia and counties and municipalities for the purpose of resale, within and without the territorial boundaries of Lowndes County, and additions and improvements to and extensions of such facilities and the operation and maintenance of same so as to assure an adequate water system, the acquisition, construction and equipping of sewerage facilities useful and necessary for the gathering of waste matter, and the treatment of sewage of any and very type, including, but not limited to, the acquisition and construction of treatment plants, ponds and lagoons, within and without the territorial boundaries of Lowndes County, and additions and improvements to and extensions of such facilities and the operation and maintenance of same so as to assure an adequate sewerage system. Said water facilities and said sewerage facilities, at the discretion of the Authority, may be combined at any time as one revenue producing undertaking and operated and maintained as such. (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 and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural, fiscal agents' and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the
Page 3289
feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the cost of the acquisition or construction of any project, the placing of any project 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 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 (Ga. L. 1957, p. 36, et seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et seq., as amended) and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition, shall also mean obligations of the Authority the issuance of which are hereinafter specifically provided for in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earning to be derived by the Authority therefrom and all facilities used 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 of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers. The Authority shall have 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;
Page 3290
(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 laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned and no property shall be acquired under the provisions of this Act upon which any lien or 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 funds of the State of the reasonable value of such lands in accordance with the applicable laws of the State of Georgia; (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 constructed or acquired, and any and all persons, firms and corporations and the State and any and all political subdivisions, departments, institutions or agencies of the State
Page 3291
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, counties and other political subdivisions and to the Authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the Authority to such municipal corporations, counties and political subdivisions for a term not exceeding fifty (50) years; (f) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain 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 or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof. (g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require; (h) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require; (i) 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; (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; and
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(k) 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 to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of an interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times, not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be 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 bonds. Section 6. Same; form; denomination; registration; place of payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, 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 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 such officer had remained in office until such delivery. All such bonds shall be signed by the
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chairman of the Authority and official seal of the Authority shall be affixed thereto and attested by the secretary and treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the chairman and secretary and treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such 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 laws of the State. Such bonds, their transfer and the income thereof shall be exempt from all taxation within the State. Section 9. Same; sale; proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 10. 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 11. Same; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bonds and coupons which shall become mutilated or be destroyed or lost. Section 12. Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other
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than those proceedings, conditions and things which are specified or required by this Act. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 13. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Lowndes County nor a pledge of the faith and credit of said county, but such bonds shall be payable solely from the funds hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 14. 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. 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 insuring 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 therefor, and may also require that the security given by contractors and by any depositary of the
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proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders 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 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 15. 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 16. 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,
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into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, 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 maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture any 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 17. 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 hereinunder 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 18. Refunding bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of
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this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the State or such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and the State any municipality, county, authority, political subdivision or instrumentality if a party to the validation proceedings, contracting with the said Lowndes County Water and Sewerage Authority. Section 20. 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 Lowndes County, Georgia, and any action pertaining to the 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.
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Section 21. 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 22. 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, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Rates, charges and revenues; use. The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls and charges for the services, facilities and commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of a water system, a sewerage system or a combined water and sewerage 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 24. 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
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constructed under the provisions of this Act, including the basis on which water service and facilities, sewerage service and facilities, or both, shall be furnished. Section 25. Tort immunity. The Authority shall have the same immunity and exemption from liability for torts and negligence as Lowndes County; and the officers, agents and employees of the Authority when in the performance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of Lowndes County when in performance of their public duties or work of the County. Section 26. 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. This Act does not in any way take from Lowndes County or any municipality located therein or any adjoining county the authority to own, operate and maintain a water system, a sewerage system or a combined water and sewerage system, or to issue revenue bond as is provided by the Revenue Bond Law. Section 27. 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 28. 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 29. Repeal. All laws and parts of laws in conflict with this Act are hereby repealed.
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Section 30. Effective Date. This Act shall become effective as of the date on which it is signed by the Governor of Georgia or as of the date on which it becomes law without the approval of the Governor. Notice of Intention to Introduce Local Legislation. Georgia, Lowndes County. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia local legislation to provide for a Lowndes County Water and Sewerage Authority. Said legislation to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions, and instrumentalities thereof; to authorize the Authority to acquire, construct, add to, extend, improve, equip, operate and maintain sewerage systems, both sanitary and storm, sewage disposal and sewage treatment plants and any and all other related facilities; to center powers and 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 the use of the utilities and facilities of the Authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority 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; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of Lowndes County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to provide for the Authority to condemn property
Page 3301
of every kind; to authorize the issuance of funding or refunding bonds; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds be validated; to provide for the separate enactment of each provision of this Act; to repeal all laws or parts of laws in conflict with provisions of this Act; and for other purposes. This 1st day of February, 1973. Lowndes County, acting by and through its Board of Commissioners Georgia, Lowndes County. Personally appeared before me the undersigned authority, duly authorized to administer oaths, Tenney S. Griffin, who, on oath, deposes and says that he is the publisher of The Valdosta Daily Times, the official organ of Lowndes County, Georgia, and that the above and foregoing Notice of Intention to Introduce Local Legislation was published in said newspaper in the following issues, namely: February 3, 1973, February 10, 1973, and February 17, 1973. /s/ Tenney S. Griffin Sworn to and subscribed before me this 19th day of February, 1973. /s/ Edith D. Smith Notary Public, Georgia State at Large. My Commission expires May 1, 1976. (Seal). Approved April 17, 1973.
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LOWNDES COUNTY UTILITIES AUTHORITYACT CREATING REPEALED. No. 581 (House Bill No. 888). An Act to repeal an Act creating the Lowndes County Utilities Authority approved March 21, 1970 (Ga. L. 1970, p. 3112); to provide 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 Lowndes County Utilities Authority approved March 21, 1970 (Ga. L. 1970, p. 3112) 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. Georgia, Lowndes County. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia local legislation to repeal in its entirety the Lowndes County Utilities Authority Act as the same is set forth in Ga. L. 1970, pages 3112-3117. This 1st day of February, 1973. Lowndes County, acting by and through its Board of Commissioners. Georgia, Lowndes County. Personally appeared before me the undersigned authority, duly authorized to administer oaths, Tenney S. Griffin,
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who on oath deposes and says that he is the publisher of the Valdosta Daily Times, the official organ of Lowndes County, Georgia, and that the above and foregoing Notice of Intention to Introduce Local Legislation was published in said newspaper in the following issues, namely: February 3, 1973, February 10, 1973, and February 17, 1973. /s/ Tenney S. Griffin Sworn to and subscribed before me this 14th day of February, 1973. /s/ Edith D. Smith Notary Public, Ga. State at Large. My Commission Expires May 1, 1976. Approved April 17, 1973. LOWNDES COUNTY BOARD OF COMMISSIONERSMEETING DATE CHANGED. No. 582 (House Bill No. 895). An Act to amend the Act creating the Board of Commissioners of Lowndes County approved February 12, 1945 (Ga. L. 1945, p. 639), as amended, so as to change the meeting date of the Board of Commissioners of Lowndes 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 Board of Commissioners of Lowndes County approved February 12, 1945 (Ga. L. 1945, p. 639) as amended, is hereby amended by striking from section 5 the following: Said Board shall have regular meetings at the county courthouse on the first Wednesday after the first Monday
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and the third Wednesday after the third Monday in each month, and inserting in lieu thereof the following: Said Board shall have regular meetings at the county courthouse on the first Wednesday in each month so that when so amended section 5 shall read as follows: Section 5. Said Board shall have regular meetings at the county courthouse on the first Wednesday in each month for the transaction of such business as may legitimately come before it, with the power to adjourn over from day to day until the business necessary to be considered shall have been completed. Said Board may convene in special meeting upon the call of the Chairman, at any time, as the business of the Board may require. The two members of said Board other than the Chairman may at any time convene said Board in special meeting upon call by them, as the business of said Board may require, provided the Chairman of said Board shall fail and refuse to call such meeting upon request. Meetings. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. 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. Notice of Intention to Introduce Local Legislation. Georgia, Lowndes County. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia local legislation to change the meeting dates of the Board of Commissioners of Lowndes County from Wednesday after the first and third Mondays of each month to the first Wednesday of each month.
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This 31st day of January, 1973. Lowndes County, acting by and through its Board of Commissioners Georgia, Lowndes County. Personally appeared before me the undersigned authority, duly authorized to administer oaths, Tenney S. Griffin, who on oath deposes and says that he is the publisher of the Valdosta Daily Times, the official organ of Lowndes County, Georgia, and that the above and foregoing Notice of Intention to Introduce Local Legislation was published in said newspaper in the following issues, namely: February 3, 1973, February 10, 1973, and February 17, 1973. /s/ Tenney S. Griffin Sworn to and subscribed before me this 19th day of February, 1973. /s/ Edith D. Smith Notary Public, Ga. State at Large My Commission Expires May 1, 1976. (Seal). Approved April 17, 1973. COBB COUNTY BOARD OF COMMISSIONERSALL MEMBERS REQUIRED TO VOTE ON ZONING MATTERS. No. 583 (House Bill No. 900). An Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to require the Chairman and all Commissioners to vote in order to take
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official action on a zoning matter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, 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. Meetings. The commission shall hold regular meetings on the second and fourth Tuesdays of each month at the county seat at 2:00 p.m. on the second Tuesday and 7:00 p.m. on the fourth Tuesday, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairman or any three commissioners, provided all members of the commission shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. Any three commissioners or the chairman and any two commissioners shall constitute a quorum; provided, however, no official action on any zoning or rezoning proposal may be taken except in a meeting of the commission open to the public, and the chairman and all other members of the commission shall be required to vote on any such proposal, and the vote of the chairman and each member shall be duly recorded in the minutes of the meeting of the commission; provided further, however, that in the event the chairman or any other member is bona fide physically or mentally ill to the extent that he is unable to attend a meeting or in the event the chairman or any other member disqualifies himself on the grounds that he is personally or financially interested in such zoning or rezoning proposal, then the remaining members may act on such proposal by the affirmative vote of not less than three such members. No other official action shall be taken except upon the affirmative vote of at least three commissioners or two commissioners and the chairman. The chairman shall be entitled to the same voting rights as other commissioners on questions considered by the commission. Meetings.
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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-March 1973 Session of the General Assembly of Georgia, a bill to amend an act creating a Board of Commissioners of Roads and Revenue for Cobb County, Georgia approved June 19, 1964, (Ga. L. 1964, Ex. Sess., p. 2075); and for other purposes. This 20th day of December, 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger G. Robert Howard Travis Duke Ken Nix A. L. Burruss Joe Mack Wilson Hugh Lee McDaniell Howard Atherton 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 19th 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 19, 26, February 2, 1973. /s/ Joe Mack Wilson Representative, 19th District
Page 3308
Sworn to and subscribed before me this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. RICHMOND COUNTY BOARD OF EDUCATIONATTORNEY AUTHORIZED. No. 584 (House Bill No. 905). An Act to amend an Act relating to public education within Richmond County, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), so as to provide that the County Board of Education shall have the right to retain an attorney to advise and represent said County Board of Education of Richmond County; to provide for pay for services rendered by him solely from Board funds; to delete therefrom those provisions which provide that the County Attorney for Richmond County shall be ex officio attorney for the Richmond County Board of Education; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to public education within Richmond County, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1435), is hereby amended by striking it its entirety section 12 and substituting in lieu thereof the following: Section 12. Legal Advice and Representation. The County Board of Education of Richmond County shall have the right to retain an attorney for legal advice and representation
Page 3309
who shall perform such duties and render such services as shall from time to time be prescribed by said Board of Education. The attorney shall be paid for services rendered by the County Board of Education of Richmond County solely from Board funds. 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 1973 Session of the General Assembly of Georgia a bill to amend an act regulating public Instruction in the County of Richmond to provide that the Board of Education may retain an attorney for legal advice and to represent said County Board of Education of Richmond County; and for other purposes. This 4th day of January, 1973. /s/ H. William Sams, Jr. Representative, 83rd District Georgia, Richmond County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Morris, III, who, on oath, deposes and says that he is the Publisher of Southeastern Newspapers Corporation, publishers of the Augusta Herald, official newspaper published at Augusta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 10th, 17th and 24th days of January, 1973. As provided by law. /s/ William S. Morris, III Publisher
Page 3310
Sworn to and subscribed before me this 15th day of February, 1973. /s/ Jean S. Brinson Notary Public, Richmond County, Georgia. (Seal). Approved April 17, 1973. CATOOSA COUNTY DEVELOPMENT AUTHORITY IMPLEMENTED. No. 585 (House Bill No. 906). An Act to implement the constitutional amendment creating the Catoosa County Development Authority; to provide for the members of the Authority, their terms of office, method of appointment, powers and duties; to provide and effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In accordance with the amendment to Article VII, Section V, Paragraph I of the Constitution creating the Catoosa County Development Authority, ratified November 8, 1966 (Ga. L. 1966, p. 781), the members of the Authority are hereby designated and their terms, method of appointment, powers and duties are hereby provided. The members of the Authority shall be the Commissioner of Catoosa County, the member of the State House of Representatives from Catoosa County, and four at-large members. The initial at-large members shall be Sam Amsterdam, Homer Lee Anderson, Allen Wooten, and Dr. Ralph R. Greene, Jr. The terms of the initial four at-large members shall be one, two, three and four years and until their successors are duly appointed and qualified. The respective terms of the four initial at-large members shall be determined by lot at the first meeting of the Catoosa County Development Authority. The initial members shall take office on July 1, 1973, and their
Page 3311
terms shall begin from that date. Thereafter, successors to at-large members shall be appointed by the grand jury of the Catoosa County Superior Court for terms of four years and until their successors are elected and qualified. In the event a vacancy occurs on the Authority, for any reason, the Authority shall appoint a member to serve the unexpired term. A majority of the members shall constitute a quorum, but no action may be taken by the Authority without the affirmative vote of the total membership of the Authority. The Authority is hereby empowered to elect its own chairman, vice chairman, and secretary from its membership. The powers and duties of the Authority shall be those specified by the constitutional amendment creating the Authority. Section 2. The Authority shall act in accordance with and subject to the amendment to Article VII, Section V, Paragraph 1 of the Constitution creating the Catoosa County Development Authority. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that during the 1973 session of the Georgia General Assembly, a bill will be proposed to amend the act creating the Catoosa County Development Authority (Ga. L. 1966, p. 789) so as to provide the number of members of the authority, their terms of office, their compensation, their qualifications and method of election or appointment, and their powers and duties. Robert G. Peters District 2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Peters who,
Page 3312
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 28, 1972, January 4, 11, 1973. /s/ Robert G. Peters Representative, 2nd District Sworn to and subscribed before me this 21st day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF FORT VALLEYCHARTER AMENDEDUTILITIES COMMISSIONPROVISIONS CHANGED. No. 586 (House Bill No. 908). An Act to amend 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 April 5, 1971 (Ga. L. 1971, p. 3048), so as to change the provisions relative to the chairman and members of the utilities commission; 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 April 5, 1971 (Ga. L. 1971, p. 3048), is hereby amended by designating
Page 3313
the second paragraph of Section 13 as subsection (f) thereof and by striking the first paragraph of section 13 in its entirety and substituting in lieu thereof the following paragraphs to be designated subsections (a) through (e) of section 13, and to read as follows: (a) The mayor and city council shall fix the compensation to be received by the mayor, councilmen, recorder, and members of the utilities commission within the limitations provided for hereinafter. (b) The compensation of the mayor shall not be less than $1,800.00 nor more than $3,600.00 per annum, and the compensation of the recorder shall not exceed $1,200.00 per annum. (c) The compensation of the city councilmen shall not be less than $600 nor more than $1,500 per annum. (d) The compensation of the chairman of the utilities commission shall not exceed $3,000.00 per annum, and the compensation of each member of said commission shall not exceed $1,500.00 per annum. (e) The mayor and councilmen shall set their own salaries within the limits provided herein by an ordinance duly adopted by the mayor and council, but in no event shall there be more than one raise in any two year period. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the 1973 session of the Georgia General Assembly, legislation changing the remuneration for members of the Utilities Commission of the City of Fort Valley, Ga. and for other purposes.
Page 3314
This 15th day of January, 1973. Daniel K. Grahl Ga. House of Representatives, District 88 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 88th 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 18, 25, February 1, 1973. Daniel K. Grahl Representative, 88th District Sworn to and subscribed before me, this 22nd day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF AUSTELLCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 587 (House Bill No. 917). An Act to amend an Act amending, revising, consolidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended,
Page 3315
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), an Act approved March 21, 1970 (Ga. L. 1970, p. 310), an Act approved April 10, 1971 (Ga. L. 1971, p. 3477), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2867), 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), an Act approved March 21, 1970 (Ga. L. 1970, p. 3310), an Act approved April 10, 1971 (Ga. L. 1971, p. 3477), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2867), is hereby amended by adding following section 30 a new section, to be known as section 3R, and to read as follows: Section 3R. 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: TRACT NO. 1. All that tract or parcel of land lying and being in Land Lot 1310 of the 19th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the south side of Washington Avenue at the northeast corner of a 0.77 acre tract of land shown on survey for Southern Latex Corporation recorded in Plat Book 18, page 49, Cobb County Records;
Page 3316
running thence south along the west line of said Southern Latex Corporation property a distance of 83.6 feet to a point located on the north line of Southern Railroad right of way; running thence west along the north line of said Southern Railroad right of way a distance of 300 feet, more or less, to a point located on the east line of Sulpho Magnesia Lithia Water Company Property; running thence north along the east line of said Sulpho Magnesia Lithia Water Company Property a distance of 115 feet to a point located on the south side of Washington Avenue; running thence west along the south side of Washington Avenue and along the existing city limits of Austell a distance of 300 feet, more or less, to the northwest corner of Southern Latex Corporation property at the point of beginning. TRACT NO. 2. All that tract or parcel of land lying and being in Land Lot 94 of the 18th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at the northwest corner of Land Lot 94 which is the common corner of Land Lots 94, 95, 22 and 23; running thence north 88 degrees and 56 minutes east along the north line of Land Lot 94 a distance of 579.44 feet; running thence north 88 degrees and 40 minutes east along the north line of Land Lot 94 a distance of 252.04 feet; running thence north line of Land Lot 94 a distance of 252.04 feet; running thence north 89 degrees and 19 minutes east along the north line of Land Lot 94 a distance of 210 feet; running thence south 4 degrees and 42 minutes east along the existing city limits of Austell a distance of 472.18 feet to the north side of the right-of-way of Pacific Avenue; running thence in a westerly direction along the northerly side of the right-of-way of Pacific Avenue and along the existing city limits of Austell a distance of 982.74 feet; running thence north 0 degrees and 07 minutes east along the existing city limits of Austell a distance of 200 feet; running thence south 85 degrees and 01 minutes west along the existing city limits of Austell a distance of 100 feet to the west line of Land Lot 94; running thence north 0 degrees and 07 minutes east along the west line of Land Lot 94, and along the existing city limits of Austell, a distance of 305.93 feet to the northwest corner of Land Lot 94 at the point of beginning.
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TRACT NO. 3. All that tract or parcel of land in Land Lot 20 of the 18th District, Second Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point formed by the intersection of the southwesterly side of Miller Road (formerly known as Old Campbellton Road and McKinney Road) with the East side of Old Austell Road; running thence Southeasterly along the Southwesterly side of Miller Road 256 feet; running thence south 311 feet to a branch; running thence westerly along said branch 205 feet to the east side of Old Austell Road; running thence north along the east side of Old Austell Road 361 feet to the point of beginning, all of the foregoing boundaries are adjacent to the existing city limits of Austell. TRACT NO. 4. All that tract or parcel of land lying and being in Land Lots 1207, 1206, and 1236 of the 19th District, 2nd Section, Cobb County, Georgia, as shown on plat of survey prepared by A. O. Carlile, Surveyor, dated April, 1968, a copy of which is recorded in Plat Book 45, page 165, Cobb County Records, and being more particularly described as follows: BEGINNING at an iron pin at the southeast corner of Land Lot 1207 which point is also the northeast corner of Land Lot 1236; running thence south 88 degrees, 54 minutes west along the south line of Land Lot 1207 a distance of 681.9 feet to an iron pin; running thence north 89 degrees and 48 minutes west along the south line of Land Lot 1207 a distance of 210.4 feet to an iron pin; running thence south 1 degree and 00 minutes east a distance of 212.7 feet to an iron pin; running thence south 88 degrees and 20 minutes west a distance of 143.2 feet to the northeasterly side of Highway No. 278; running thence north 30 degrees and 58 minutes west along the northeasterly side of Highway No. 278 a distance of 593.2 feet to an iron pin; running thence north 79 degrees and 29 minutes east a distance of 422.1 feet to an iron pin; running thence north 27 degrees and 53 minutes west a distance of 151.6 feet to an iron pin; running thence north 27 degrees and 59 minutes west a distance of 151.7 feet to an iron pin; running thence south 87 degrees and 43 minutes west a distance of 240.3 feet to an iron pin on the west line of Land Lot 1207; running thence north 0 degrees and 59 minutes east along the west line of Land Lot 1207 a distance of 473.4 feet to an iron
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pin; running thence south 89 degrees and 00 minutes east a distance of 210 feet to a point; running thence north 0 degrees and 59 minutes east a distance of 202.4 feet to a point on the north line of Land Lot 1207; running thence south 89 degrees and 39 minutes east along the north line of Land Lot 1207 a distance of 1093.4 feet to an iron pin at the northeast corner of Land Lot 1207; running thence south 0 degrees and 31 minutes west along the east line of Land Lot 1207 a distance of 1280.9 feet to an iron pin at the southeast corner of Land Lot 1207 at the point of beginning. Said tract containing 36.30 acres. 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-March 1973 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Austell, Georgia (Ga. p. 1929, p. 862, et. seq.), as heretofore amended; and for other purposes. This 20th day of December, 1972. Joe Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger Ken Nix Howard Atherton Travis Duke A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority,
Page 3319
duly authorized to administer oaths, George H. Kreeger 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 Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 19, 26, February 2, 1973. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 22nd day of February, 1973. /s/ Susan Gordon Notary Public, Georgia at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February-March 1973 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Austell, Georgia (Ga. L. 1929, p. 862, et. seq.), as heretofore amended; and for other purposes. This 20th day of December, 1972. Joe Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger Ken Nix Howard Atherton Travis Duke A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives
Page 3320
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 21st 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 organ of Douglas County, on the following dates: January 4, 11, 18, 1973. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 22nd day of February, 1973. /s/ Susan Gordon Notary Public, Georgia at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. GORDON COUNTYCERTAIN GRAND JURIES TO REVIEW COUNTY OFFICERS' SALARIES, ETC. No. 588 (House Bill No. 930). An Act to provide that certain of the Grand Juries of Gordon County shall review the compensation of the county officers of Gordon County and shall make recommendations to the governing authority of Gordon County relative to the compensation to be received by such officers; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. Commencing with the September Grand Jury, which convenes in 1974, the Gordon County Grand Jury shall review the compensation of the various county officers of Gordon County. Said Grand Jury shall also review the respective workloads of each county officer and the projected demands upon such officers. The Grand Jury shall make a thorough and exhaustive study of the compensation received by other comparable county officers and shall, as a part of their presentments, recommend to the Board of Commissioners of Gordon County the compensation which the various county officers of Gordon County should receive. Thereafter, the September Grand Jury, which convenes in Gordon County in each even-numbered year, shall make similar studies and analyses and shall make recommendations to the Board of Commissioners. Based upon such recommendations, the Board of Commissioners of Gordon County shall make such recommendations as it shall deem proper to the members of the General Assembly representing Gordon County relative to the compensation to be received by the various county officers of Gordon County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to require the Gordon County Grand Jury to periodically review the salary of the elected officials of Gordon County and make recommendations for changes therein; to provide the procedures connected therewith; and for other purposes. This 2nd day of February, 1973. Tom L. Shanahan Representative, 7th District James B. Langford Senator, 51st District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Shanahan 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 Calhoun Times which is the official organ of Gordon County, on the following dates: February 7, 14, 21, 1973. /s/ Tom Shanahan Representative, 7th District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. BARROW COUNTYBOARD OF COMMISSIONERSCERTAIN DERELICTION OF DUTY PROVISIONS REPEALED, ETC. No. 589 (House Bill No. 934). An Act to amend an Act creating a Board of Commissioners for Barrow County, approved March 10, 1937 (Ga. L. 1937, p. 1240), as amended, particularly by an Act approved February 8, 1951 (Ga. L. 1951, p. 2312), an Act approved March 9, 1955 (Ga. L. 1955, p. 3360), an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2235), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2654), so as to repeal certain provisions relative to dereliction of duty and removal of commissioners from office; to repeal the provisions requiring a notice of intention to borrow money
Page 3323
to be published in the official gazette of Barrow County; to change the provisions relative to expenditures by the board; to change the provisions relative to the submission of itemized accounts; to change the provisions relative to the issuance of checks; to change the provisions relative to purchases; to change the provisions relative to bids and the requirement for taking bids on purchases; to change the provisions relative to notification of request for bids by mail to eligible bidders within Barrow County; to change the maximum compensation which may be paid to the clerk of the board of commissioners; to change the compensation of the chairman and members of the Board of Commissioners of Barrow County; to provide for an annual retainer for the county attorney in lieu of the present salary of the county attorney; to provide that the county attorney shall be entitled to such other reasonable compensation for services rendered to Barrow County as may be approved by the commissioners; to repeal the provision that the commissioners may employ additional counsel; to change the amount of the bond of the clerk of the board of commissioners; to change the provisions relative to the publication of a financial statement of Barrow County; to provide for other 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 creating a Board of Commissioners for Barrow County, approved March 10, 1937 (Ga. L. 1937, p. 1240), as amended, particularly by an Act approved February 8, 1951 (Ga. L. 1951, p. 2312), an Act approved March 9, 1955 (Ga. L. 1955, p. 3360), an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2235), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2654), is hereby amended by repealing said 1951 amendatory Act, approved February 8, 1951 (Ga. L. 1951, p. 2312), in its entirety. Section 2. Said Act is further amended by striking from section 9 the following: sworn,
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and by striking from said Section the following: ten, and by inserting in lieu thereof the following: thirty, so that when so amended, section 9 shall read as follows: Section 9. The Board shall not pay out any money for any purpose except on the submission of an itemized account and approval by a majority vote of the board. After approval of a account, a check in payment therefor shall be issued and signed within thirty days of such approval; and all checks or vouchers shall be signed by the chairman and countersigned by the clerk, except that after an account has been approved by the board for payment the other two members of the board are hereby authorized to sign a check or voucher for payment of such account in lieu of the chairman in the event of the chairman's inability or refusal to so sign. Section 3. Said Act is further amended by striking from the first paragraph of section 11 the following: $7,200.00, and inserting in lieu thereof the following: $12,000.00, and by striking from said Section the following: $100.00, and inserting in lieu thereof the following: $200.00, and by striking from the second paragraph of said Section the following: $4,200,
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and inserting in lieu thereof the following: $4,800.00, so that when so amended, section 11 shall read as follows: Section 11. The chairman of the board shall be compensated in the amount of $12,000.00 per annum, payable in equal monthly installments from the funds of Barrow County, and he shall be on a full time basis and devote himself solely to the duties of his office. The other members of the board shall be compensated in the amount of $200.00 per month, to be paid from the funds of Barrow County, and shall devote the time necessary in assisting the chairman. Chairman. Members. The said commissioners shall elect a clerk whose duty shall be to keep a full and accurate record of all the actions and doings of the said board of commissioners at the courthouse of said county, and he shall be furnished an exclusive office for that purpose, which records shall be opened for the inspection of the public at all times during office hours and when the said board is not in session he shall perform such other duties and keep such records as required by law or may be required of him by said board, and for his services he shall receive a sum of not less than $3,800 per annum nor more than $4,800.00 per annum, the actual amount to be determined by the board of commissioners, payable monthly by the treasurer of the said county, and with the further provision that the said clerk shall not be a member of the board of commissioners and shall give his entire time to the work of his office. The commissioners shall also be allowed $600 per annum from the funds of Barrow County for extra clerical assistance. Clerk. Section 4. Said Act is further amended by striking from section 12 the following: $100.00, and inserting in lieu thereof the following: $500.00,
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and by striking from said Section the following: all known eligible bidders, and inserting in lieu thereof the following: two known eligible bidders, so that when so amended, section 12 shall read as follows: Section 12. The board shall be the purchasing agent of Barrow County and shall purchase any and all things for the use of the county. Requests for supplies must be submitted to the board in duplicate and purchased by the board, except for such limit as may be given any county official by the board. For all purchases of $500.00 or more, the board shall request bids and such bids may be requested by either one or more of the following methods: (1) the publication of the request for bids one time in a newspaper of general circulation in Barrow County; (2) the posting on the Barrow County courthouse door for a period of three days the request for such bid; (3) the notification of the request for such bids by mail of two known eligible bidders within Barrow County and such bidders outside Barrow County as the board shall deem expedient. Purchasing agent. Section 5. 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 commissioners shall have the authority to employ a county attorney who shall be a resident of Barrow County and who shall receive an annual retainer of $1,200.00 per annum, payable in equal monthly installments from the funds of Barrow County. Said county attorney shall be entitled to such other reasonable compensation for services rendered to Barrow County as may be approved by the commissioners. County attorney. Section 6. 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:
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Section 18. The clerk of the board of commissioners, as provided for in section 11 of this Act, shall give a corporate surety bond in the sum of $5,000.00, to be approved by the ordinary of said county, and payable to the ordinary of said county, for the faithful performance of any and all duties of said office, said bond to be paid for by Barrow County. The property of said clerk, as well as the security on this bond, shall be bound from the time of execution thereof for the payment of any and all liability arising from the breach of said bond. Bond. Section 7. Said Act is further amended by inserting, following section 20, a new Section to be designated section 20A, to read as follows: Section 20A. The Board of Commissioners of Barrow County shall cause to be published in the official county gazette, under oath, a financial statement of Barrow County each year just prior to the convening of the grand jury in February. Financial statement. Section 8. This Act shall become effective on the first day of the month following the month in which is approved by the Governor or in which it becomes law without his approval. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners for Barrow County, approved March 10, 1937 (Ga. L. 1937, p. 1240), as amended, so as to change the compensation of the clerk of the board of commissioners; to change the amount of the bond of the clerk; to change the compensation of the chairman and members of the board of commissioners; to change the provisions relative to the compensation of the county attorney; to change the provisions relative to the employment of additional counsel; to change the provisions
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relative to expenditures, itemized accounts, checks, purchases and bids; to change the provisions relative to the publication of financial statements and the borrowing of money; to change the provisions relative to dereliction of duty and removal of commissioners from office; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 15th day of January, 1973. John D. Russell Representative, 62nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John D. Russell 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 Winder News which is the official organ of Barrow County, on the following dates: January 24, 31, February 7, 1973. /s/ John D. Russell Representative, 62nd District Sworn to and subscribed before me, this 23rd day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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GLASCOCK COUNTYCOMPENSATION OF DEPUTY SHERIFF CHANGED. No. 590 (House Bill No. 935). An Act to amend an Act abolishing the fee system for the sheriff of Glascock County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2181), as amended by an Act approved April 18, 1969 (Ga. L. 1969, p. 2922), so as to change the compensation which the deputy sheriff receives from county funds; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system for the sheriff of Glascock County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2181), as amended by an Act approved April 18, 1969 (Ga. L. 1969, p. 2922), is hereby amended by striking from section 4 the following: $1,200.00, and inserting in lieu thereof the following: $1,500.00, so that when so amended section 4 shall read as follows: Section 4. The sheriff shall have the authority to appoint such deputies as he shall deem necessary to efficiently and effectively discharge the official duties of his office. However, the total compensation of all such deputies which shall be payable from county funds shall not exceed the sum of $1,500.00 per annum. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees and to prescribe their duties and assignments, and to remove
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or replace any of such employees at will and within his sole discretion. Deputies. 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. Public Notice. Georgia, Glascock County. As requested by the Glascock County Board of Commissioners of Roads and Revenues, I propose to introduce a bill to the General Assembly of Georgia of 1973 to raise the salary of the Deputy Sheriff in Glascock County. Tom C. Carr Representative, 90th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom C. Carr who, on oath, deposes and says that he is Representative from the 90th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gibson Record Guide which is the official organ of Glascock County, on the following dates: February 2, 9, 16, 1973. /s/ Tom C. Carr Representative, 90th District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires, Dec. 18, 1976. (Seal). Approved April 17, 1973.
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HABERSHAM COUNTYORDINARYPROVISIONS RELATIVE TO CLERK CHANGED. No. 591 (House Bill No. 938). 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), as amended by an Act approved April 1, 1971 (Ga. L. 1971, p. 2899), so as to change the provisions relative 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 abolishing the fee system and providing an annual salary for the Ordinary of Habersham County, approved February 27, 1969 (Ga. L. 1969, p. 2099), as amended by an Act approved April 1, 1971 (Ga. L. 1971, p. 2899) is hereby amended by striking from section 4 the following: $2,400.00 and $3,600.00, and inserting in lieu thereof the following: $3,600.00 and $4,800.00, respectively, 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. The ordinary shall, from time to time, recommend to the governing authority of said county the suggested compensation to be paid such employee. However, it shall be within the discretion of the governing authority of Habersham County to fix the compensation to be received by such employee in said office within the range of $3,600.00 to $4,800.00 per annum. Clerk.
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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 1973 session of the General Assembly of Georgia a bill to change the compensation of the employee of the Ordinary. This 6 day of January 1973. Hubert Ritchie Representative, 11th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hubert G. Ritchie 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 Tri-County Advertiser which is the official organ of Habersham County, on the following dates: February 8, 15, 22, 1973. /s/ Hubert Ritchie Representative, 11th District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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LIBERTY COUNTYORDINARYPROVISIONS RELATING TO CLERK CHANGED. No. 592 (House Bill No. 944). An Act to amend an Act supplementing the fees of the Ordinary of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2342), as amended, so as to change the compensation of the clerk of the ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act supplementing the fees of the Ordinary of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2342), as amended, is hereby amended by striking subsection (b) of section 1 in its entirety, and inserting in lieu thereof a new subsection (b), to read as follows: (b) The ordinary is hereby authorized to employ one full-time clerk, who shall be compensated in the amount of $3,600.00 per annum, which shall be paid in equal monthly installments from the funds of Liberty County. Said Clerk shall perform such duties as may be lawfully assigned or delegated by the ordinary. Clerk. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act supplementing the fees of the Ordinary of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2342), as amended, so as to change the compensation
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of the clerk of the Ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. This 5th day of February, 1973. Donald H. Fraser Representative, 117th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Donald Fraser who, on oath, deposes any 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 Liberty County Herald which is the official organ of Liberty County, on the following dates: February 8, 15, 22, 1973. /s/ Donald H. Fraser Representative, 117th District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. BURKE COUNTYCOMPENSATION OF MEMBERS OF BOARD OF COMMISSIONERS CHANGED. No. 593 (House Bill No. 956). An Act to amend an Act creating a Board of Commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved April
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25, 1969 (Ga. L. 1969, p. 3631), 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 a Board of Commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved April 25, 1969 (Ga. L. 1969, p. 3631), is hereby amended by striking from section 4 the following: $65.00 and substituting in lieu thereof the following: $100.00, so that when so amended, section 4 shall read as follows: Section 4. Each member of the Board of Commissioners of Burke County, including the Chairman, shall receive a salary of $100.00 per month, to be paid from funds of Burke County. Salaries. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia, a bill to
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change the compensation of the members of the Board of Commissioners of Burke County: And for other purposes. This 5th day of February, 1973. Preston B. Lewis, Jr. Representative, 77th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston Lewis who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County, on the following dates: February 7, 14, 21, 1973. /s/ Preston B. Lewis, Jr. Representative, 77th District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. BURKE COUNTYSTATE COURTTERMS CHANGED. No. 594 (House Bill No. 957). An Act to amend an Act establishing the State Court of Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as
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amended, particularly by an Act approved August 14, 1908 (Ga. L. 1908, p. 247), and an Act approved March 4, 1966 (Ga. L. 1966, p. 3078), so as to change the terms 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 Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved August 14, 1908 (Ga. L. 1908, p. 247), and an Act approved March 4, 1966 (Ga. L. 1966, p. 3078), is hereby amended by striking from the first sentence of Section 19, the following: and the quarterly terms shall be held on the second Mondays in March, June, September and December., and substituting in lieu thereof, the following: and the quarterly terms shall be held on the fourth Mondays in January, April, July and October., so that when so amended section 19 shall read as follows: Section 19. The terms of the State Court of Burke County shall be monthly and quarterly; the monthly terms shall be held on the first Wednesdays in each month and the quarterly terms shall be held on the fourth Mondays in January, April, July and October. Suits for not over five hundred dollars principal, and all issues and proceedings when not over five hundred dollars in value is involved, shall be returnable to the monthly sessions of said court and stand for trial at the first term by the judge without the intervention of a jury; provided, that either party in any cause shall be entitled to a trial by a jury, where such party is so entitled under the Constitution and laws of this State, and as hereinafter provided in this Act. Ordinary suits brought to the monthly sessions shall be filed in the clerk's office of said court at least fifteen days before the term to which they are returnable, and the same shall be served at
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least ten days before said term. All other causes and proceedings must be brought to the quarterly term in like manner as suits are now brought in the superior court, and the first term of said quarterly session shall be the appearance term; provided, that all suits brought in said State court final judgment may be entered by default at the first term to which the cause is returnable, unless a plea or defense is filed under the terms governing the filing of pleas in the superior court on the call of the appearance docket, in which event the second term shall be the trial term, except the trial may be at the first term when parties consent. Terms. Section 2. This Act shall become effective on May 30, 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 1973 session of the General Assembly of Georgia, a bill to amend an Act establishing the State Court of Burke County, formerly the City Court of Waynesboro, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, so as to change the terms of the State Court of Burke County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 15 day of January, 1973. Preston B. Lewis, Jr. Representative, 77th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston Lewis who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
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True Citizen which is the official organ of Burke County, on the following dates: January 24, 31, February 7, 1973. /s/ Preston B. Lewis, Jr. Representative, 77th District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. SMALL CLAIMS COURT OF CRIPS COUNTY CREATED. No. 595 (House Bill No. 958). An Act creating and establishing a Small Claims Court for Crisp County, Georgia, to be known as the Small Claims Court of Crisp County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the appointment, duties, powers, compensation, qualifications, substitution and tenure of the office of the judge of such Small Claims Court; to provide that the judge of said court shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in Crisp County; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the service of process of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by
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registered or certified mail; to provide for the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the validity of the acts of said court and the proceedings therein; to provide for all procedures, requirements and other matters connected with the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court for Crisp County, Georgia, to be known as the Small Claims Court of Crisp County, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $1,000.00; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Created. Section 2. (a) Any person appointed as a judge of the Small Claims Court created by this Act must, at the time of this appointment, be a resident of Crisp County, at least twenty-five years of age, and of good moral character. Any person so appointed shall be exempt from jury duty in the superior court and any other court existing or that may be created and established in Crisp County. Judge. (b) All other officers appointed to or employed by said court, as now or herafter provided, must be at least twenty-one years of age and must be residents of Crisp County. Section 3. Whenever the judge of said Small Claims Court shall be unable from absence, sickness or other cause to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Crisp 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
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in all respects in the place and stead, and in the manner 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 or as deputy clerk, said clerk or deputy clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. (a) Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise 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. (b) A copy of the certified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in the superior court or by a duly qualified bailiff of said Small Claims Court; or by registered or certified mail with receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge of said court for that purpose. (c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, the clerk or judge shall attach the same to the original statement and
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notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. If the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States Postal Authorities for any reason, service may be perfected on such defendant by any other method as herein this Act prescribed or by any method as now or hereafter prescribed by the pertinent laws of Georgia providing for service of pleadings on defendants in the superior courts of Georgia. (d) When served by a private individual, as hereinbefore provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual costs of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. When the amount is unliquidated, plaintiff shall be required to present proof of his claim. (g) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than thirty days from the date of the service of said notice; provided, however, that where service is by registered or certified mail, the date of mailing shall be the date of service. Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket. Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $7.50, which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; provided, however, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures
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on personalty and replevin by possessory warrant shall be $10.00; and provided further, that in any other matters, not mentioned specifically or provided for herein, the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided further, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $7.50, to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and, unless the claimant (at the time he files his claim affidavit) makes written demand for a jury trial, the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to $7.50 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cast with court costs in said proceeding. Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences
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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 thereof to offset the claim of the plaintiff. Setoff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the 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. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Same.
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Section 13. The judge of the superior court presiding in Crisp 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, from time to time, the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said court to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority and be subject to the penalties of all lawful constables of the State of Georgia, including the power to serve any and all processes and writs issued from or by said Small Claims Court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Section 24-804 and give the bond prescribed in section 24-811 of the Code of Georgia and such bailiffs shall be subject to be ruled for failure of duty or malfeasance in office as are other lawful constables of this State. The sheriff of said county and his deputies shall also have the power and authority to serve summons, make levies and sales, and serve as ex officio bailiffs of said court. Bailiffs. Section 15. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. Unless otherwise demanded, such juries shall consist of six persons chosen from twelve veniremen, the plaintiff and the defendant having three strikes each. The judge or clerk shall have the power to subpoena jurymen and witnesses. Jury trials.
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Section 16. Judgments of said Small Claims Court shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the superior court for said county of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Liens. Section 17. Appeals may be had from judgments returned in the Small Claims Court to the superior court, and the same provisions now or hereafter provided for by law for appeals from courts of ordinary to the superior court shall be applicable to appeals from the Small Claims Court to the superior court. Appeals. Section 18. Until otherwise provided by rules of court, the statement of claims, verification and notice shall be in the following or equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Forms. SMALL CLAIMS COURT OF CRISP COUNTY
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Page 3348
Section 19. All acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Crisp County are hereby validated. Section 20. Within thirty days after this Act becomes of full force and effect, the judge of the Superior Court of Crisp County, Georgia, shall appoint a duly qualified person to be judge of the Small Claims Court of Crisp County, to serve from the date of such appointment to the first day of November following such appointment. The person so appointed by the judge of the Superior Court of Crisp County shall be nominated by any grand jury convened in Crisp County, Georgia, after this Act becomes of full force and effect. Thereafter, the grand jury in session in Crisp County immediately prior to the expiration of the term of such judge shall nominate and the judge of the Superior Court of Crisp County shall appoint a qualified person to serve as judge of Small Claims Court for a period of two years, beginning on November 1, immediately following his appointment, and until his successor is duly appointed and qualified. If, in the opinion of the judge of the Superior Court of Crisp County, the person so nominated by the grand jury is qualified, he may appoint him as judge of the Small Claims Court
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of Crisp County to serve said two-year term; but if the appointing judge in his sole discretion does not deem such person qualified or desirable to hold such office, he shall refuse to appoint him as such judge and shall notify the foreman of the grand jury nominating such person to nominate another person for such office. Within five days thereafter it shall be the duty of the grand jury to nominate another person for appointment to such office, and the judge of the Superior Court of Crisp County upon receipt of such nomination shall use his discretion as aforesaid in making or refusing to make such appointment. Successors in such office shall be nominated and appointed, each two years in the same manner as hereinbefore set out, for a two-year term beginning on November 1 immediately following their appointment. Any vacancy in such office for any unexpired term shall be filled without undue delay by the appointment of a qualified person by the judge of the Superior Court of Crisp County, with or without any nomination by the grand jury, in the sole discretion of the appointing judge. The judge of said Small Claims Court may be removed from office by the judge of the Superior Court of Crisp County upon a recommendation being made by the grand jury of Crisp County that he be removed. Any vacancy created by any such removal shall be filled for the unexpired term in the same manner that other vacancies are filled. Judge. Section 21. All forms, docket books, file jackets, filing cabinets and the like required by this Act shall be furnished by the county commissioners of Crisp County. Section 22. Said Small Claims Court having no designated terms at stated periods, the judge thereof shall, in each instance, set dates for all hearings and trials in every kind of case, and also designate the times when attachments and executions are returnable, and also designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the
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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 23. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a Small Claims Court bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. Postal Authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Garnishment. Section 24. The judge of the Small Claims Court shall have the power to impose fines of not more than $10.00 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. Fines. Section 25. The fee of bailiff for the execution of a fi. fa. shall be $4.00, plus a reasonable amount for drayage to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount with a minimum of $3.00. Fees.
Page 3351
Section 26. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentences, 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 27. All laws and parts of laws in conflict 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 1973 session of the General Assembly of Georgia, a bill to establish a Small Claims Court for Crisp County; and for other purposes. Howard H. Rainey Representative, 115th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Rainey who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following dates: January 24, 31, February 7, 1973. /s/ Howard Rainey Representative, 115th District
Page 3352
Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF SYLVESTERCHARTER AMENDEDMAJORITY VOTE REQUIRED FOR ELECTION. No. 596 (House Bill No. 959). An Act to amend an Act providing a new charter for the City of Sylvester, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2116), as amended, so as to require candidates to receive a majority of the votes cast to fill the nomination or office in order to be nominated or elected to such office; 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 Sylvester, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2116), as amended, is hereby amended by striking in its entirety section 5-24 and substituting a new section 5-24 to read as follows: Section 5-24. In order to be nominated or elected, a candidate in any municipal primary or election must receive a majority of the votes cast to fill such nomination or office. In the event no candidate receives a majority of such votes, a runoff primary or election shall be held in accordance with the provisions of Code section 34A-1407. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 3353
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at and in the 1973 Session of the General Assembly of the State of Georgia, a bill to amend the Charter of the City of Sylvester as set out in Ga. L. 1964 Ex. Sess., approved June 30, 1964 as Act No. 33, as amended so as to provide that all candidates for office in city elections must receive a majority of the votes cast in order to be elected and to provide for a run-off election when no candidate receives no majority of the votes cost; to provide the effective date thereof; to repeal conflicting laws and for other purposes. This the 5th day of February, 1973. H. H. Woolard Mayor, City of Sylvester Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvester Local which is the official organ of Worth County, on the following dates: February 8, 15, 22, 1973. /s/ Howard H. Rainey Representative, 115th District Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
Page 3354
CITY OF SMYRNACHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 597 (House Bill No. 965). 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. 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), an Act approved March 12, 1970 (Ga. L. 1970, p. 2599), an Act approved April 10, 1971 (Ga. L. 1971, p. 3488), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2717), so as 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
Page 3355
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), an Act approved March 12, 1970 (Ga. L. 1970, p. 2599), an Act approved April 10, 1971 (Ga. L. 1971, p. 3488), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2717), is hereby amended by adding a new Section to be known and designated as section 4(w) which shall read as follows: Section 4(w). There shall be included in the corporate limits of the City of Smyrna, all of the area embraced within the following described tracts and parcels of land: Parcel One: All that tract or parcel of land lying and being in Land Lots 379, 380, and 413, of the 17th District, 2nd Section of Cobb County, Georgia, more particularly described as follows: BEGINNING at an iron pin on the westerly side of South Cobb Drive 400 feet north, as measured along the westerly side of South Cobb Drive, from the northwest corner of South Cobb Drive and Concord Road; and running thence northerly along the westerly side of South Cobb Drive 662.1 feet to an iron pin; thence continuing northerly along the westerly side of South Cobb Drive 200 feet to an iron pin; thence south 7310[prime]40[Prime] west 132.1 feet to an iron pin; thence south 112[prime] west 58.2 feet to an iron pin; thence north 8931[prime]50[Prime] west 341.8 feet to an iron pin; thence south 3336[prime]40[Prime]
Page 3356
west 564.4 feet to an iron pin; thence south 250[prime]20[Prime] east 398 feet to a fence post; thence south 5818[prime]42[Prime] east 875 feet to an iron pin on the northerly side of Concord Road; thence north 5415[prime]20[Prime] east along the northerly side of Concord Road 113.4 feet to an iron pin; thence north 2236[prime] west 200 feet to an iron pin; thence northeasterly for a distance of 200 feet to an iron pin located on the southwesterly right-of-way of South Cobb Drive; thence northwesterly along the said southwesterly right-of-way of South Cobb Drive for a distance of 200 feet to an iron pin and the point of BEGINNING. Said Parcel One being a part of Ward 7 as provided in Ga. L. 1965, p. 3023, et. seq. Section 2. 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 charters and parts of said Acts, not in conflict with this Act, and all powers belonging to said city, as now incorporated, and all rules, ordinances, and regulations of said town, not in conflict with this Act, shall be and remain of full force and effect. 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-March 1973 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Smyrna, Georgia (Ga. L. 1931, p. 955, et seq.), as heretofore amended; and for other purposes.
Page 3357
This 20th day of December, 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore, Senators George H. Kreeger G. Robert Howard Travis Luke Ken Nix A. L. Burruss Joe Mack Wilson Hugh Lee McDaniell Howard Atherton 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 21st 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 19, 26, February 2, 1973. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 20th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
Page 3358
CITY OF SMYRNACHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 598 (House Bill No. 966). 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, 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), an Act approved March 12, 1970 (Ga. L. 1970, p. 2599), an Act approved April 10, 1971 (Ga. L. 1971, p. 3488), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2717), so as 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
Page 3359
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), an Act approved March 12, 1970 (Ga. L. 1970, p. 2599), an Act approved April 10, 1971 (Ga. L. 1971, p. 3488), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2717), is hereby amended by adding a new section, to be known and designated as section 4(v), which shall read as follows: Section 4(v). There shall be included in the corporate limits of the City of Smyrna, all of the area embraced within the following described tracts and parcels of land: PARCEL ONE: All that tract or parcel of land lying and being in Land Lot 302 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the north right of way of Jones Shaw Road 150 feet west of the intersection of the north right of way of Jones Shaw Road and the west right of way of Old Concord Road as measured along the north right of way of Jones Shaw Road; running thence north for a distance of 205 feet to an iron pin, point and corner; running thence west for a distance of 170 feet to an iron pin, point and corner; running thence south for a distance of 255 feet to an iron pin, point and corner located on the said south right of way of the said Jones Shaw Road; running thence east along the south right of way of the said Jones Shaw
Page 3360
Road for a distance of 170 feet to an iron pin, point and corner; running thence north for a distance of 50 feet to an iron pin, point and corner and the point of BEGINNING. Said Parcel One being a part of Ward 6 as provided in Ga. L. 1965, p. 3023, et. seq. PARCEL TWO: All that tract or parcel of land lying and being in Land Lot 446 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the west right of way of Belmont Circle 445.7 feet north of the intersection of the west right of way of Belmont Circle and the north right of way of Cherokee Street as measured along the west right of way of Belmont Circle; running thence west for a distance of 200 feet to an iron pin, point and corner; running thence north for a distance of 100 feet to an iron pin, point and corner; running thence east for a distance of 230 feet to a point on the east right of way of Belmont Circle; running thence south along the east right of way of Belmont Circle for a distance of 100 feet to a point; running thence west for a distance of 30 feet to an iron pin and the point of BEGINNING. Said Parcel Two being a part of Ward 6 as provided in Ga. L. 1965, p. 3023, et. seq. PARCEL THREE: All that tract or parcel of land lying and being in Land Lot 381 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the southeasterly right of way of Concord Road 178 feet southwesterly from the intersection of the southeasterly side of Concord Road and the east line of Land Lot 381 as measured along the southeasterly right of way of Concord Road; running thence northwesterly for a distance of 70 feet to a point on the northwesterly right of way of Concord Road; running thence southwesterly for a distance of 270 feet along the said northwesterly right of way of Concord Road to a point; running
Page 3361
thence southeasterly for a distance of 619.9 feet to an iron pin, point and corner; running thence easterly for a distance of 25 feet to an iron pin, point and corner located on the easterly line of Land Lot 381; running thence northerly along the said easterly line of Land Lot 381 for a distance of 270.4 feet to an iron pin, point and corner; running thence northwesterly for a distance of 192.7 feet to an iron pin, point and corner; running thence northeasterly for a distance of 100 feet to an iron pin, point and corner; running thence northwesterly for a distance of 150 feet to an iron pin on the southeasterly right of way of Concord Road and the point of BEGINNING. Said Parcel Three being a part of Ward 7 as provided in Ga. L. 1965, p. 3023, et seq. PARCEL FOUR: All that tract or parcel of land lying and being in Land Lot 412, 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the west right of way of South Cobb Drive 150 feet south of the intersection of the west right of way of South Cobb Drive and the southeasterly right of way of Lake Drive as measured along the westerly side of South Cobb Drive; running thence south 34 degrees 37 minutes 20 seconds east along the west right of way of South Cobb Drive for a distance fo 150 feet to an iron pin, point and corner; running thence south 54 degrees 30 minutes west 223.45 feet to an iron pin, point and corner; running thence north 34 degrees 37 minutes 20 seconds west 150 feet to an iron pin, point and corner; running thence north 54 degrees 30 minutes east for a distance of 223.45 feet to an iron pin, point and corner located on the west right of way of South Cobb Drive and the point of BEGINNING. Said Parcel Four being part of Ward 7 as provided in Ga. L. 1965, p. 3023, et seq. PARCEL FIVE: All that tract or parcel of land lying and being in Land Lot 847 of the 17th District, 2nd Section, Cobb
Page 3362
County, Georgia, and being more particularly described as follows: BEGINNING at a point on the westerly right of way of Hargrove Road 283.8 feet southwesterly from the intersection of the westerly right of way of Hargrove Road and the north line of Land Lot 847 as measured along the westerly right of way of Hargrove Road; running thence westerly for a distance of 495 feet to an iron pin, point and corner; running thence southeasterly for a distance of 311.7 feet to an iron pin, point and corner; running thence east for a distance of 420 feet to an iron pin, point and corner located on the westerly right of way of Hargrove Road; running thence northeasterly along the westerly right of way of Hargrove Road and following the curvature thereof for a distance of 312.4 feet to an iron pin, point and corner and the point of BEGINNING. Said Parcel Five being part of Ward 1 as provided in Ga. L. 1965, p. 3023, et. seq. PARCEL SIX: All that tract or parcel of land lying and being in Land Lot 849 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the southeast corner of Land Lot 849; running thence north 1 degree 29 minutes west for a distance of 511.2 feet to an iron pin, point and corner; running thence south 32 degrees 49 minutes west along the southeasterly right of way of Hargrove Road for a distance of 260.8 feet to an iron pin; running thence south 31 degrees 48 minutes west along the southeast right of way of Hargrove Road for a distance of 200 feet to an iron pin, point and corner located at the intersection of the southeast right of way of Hargrove Road and the northeast right of way of U. S. 41 Highway; running thence southeasterly along the said northeasterly right of way of U. S. 41 Highway for a distance of 157.3 feet to an iron pin, point and corner located on the south line of Land Lot 849; running thence east along the south line of Land Lot 849 for a
Page 3363
distance of 160.7 feet to the southeast corner of said Land Lot 849 and the point of BEGINNING. Said Parcel Six being part of Ward 1 as provided in Ga. L. 1965, p. 3023, et. seq. PARCEL SEVEN: All that tract or parcel of land lying and being in Land Lots 525 and 556 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the easterly right of way of Lee Street 600 feet south of the intersection of the easterly right of way of Lee Street with the north line of Land Lot 556 as measured along the easterly right of way of Lee Street; running thence west for a distance of 238.7 feet to an iron pin, point and corner; running thence south for a distance of 100.2 feet to an iron pin, point and corner; running thence east for a distance of 179.5 feet to an iron pin, point and corner located on the westerly right of way of Lee Street; running thence south along the westerly right of way of Lee Street for a distance of 143 feet to an iron pin, point and corner; running thence east 204 feet, more or less, to a point and corner; running thence north 163 feet, more or less, to a point and corner; running thence west 154 feet to a point and corner located on the easterly right of way of Lee Street; running thence north along the easterly right of way of Lee Street 70 feet, more or less, to the point of BEGINNING. Said Parcel Seven being part of Ward 2 as provided in Ga. L. 1965, p. 3023, et. seq. PARCEL EIGHT: All that tract or parcel of land lying and being in Land Lot 555 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point formed by the intersection of the southwesterly right of way of Lee Street and the south line of Land Lot 555; running thence easterly along the said south line of Land Lot 555 for a distance of 365.5 feet to
Page 3364
a point and corner located on the southwesterly bank of Pretty Branch Creek; running thence northerly along the southwest bank of said Creek and following the curvature thereof for a distance of 276 feet to an iron pin, point and corner; running thence southwesterly for a distance of 310 feet to a point on the southwesterly side of Lee Street; running thence southeasterly along the said southwesterly right of way of Lee Street and following the curvature thereof for a distance of 60 feet, more or less, to an iron pin, point and corner and the point of BEGINNING. Said Parcel Eight being part of Ward 2 as provided in Ga. L., 1965, p. 3023, et. seq. PARCEL NINE: All that tract or parcel of land lying and being in Land Lot 631 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point 150 feet south of the intersection of the west right of way of Jonquil Drive with the south right of way of Spring Street as measured along the west right of way of Jonquil Drive; running thence south 90 degrees 0 minutes west for a distance of 100 feet to an iron pin, point and corner; running thence south 0 degrees 0 minutes west for a distance of 306.48 feet to an iron pin located on the northwest right of way of Love Street; running thence north 57 degrees 25 minutes east along the northwest right of way of Love Street for a distance of 79.85 feet to an iron pin; continuing along said course for a distance of 70 feet more or less to a point on the east right of way of Jonquil Drive; continuing along the same course for a distance of 50 feet, more or less, to a point on the north right of way of Love Street; running thence north 57 degrees 33 minutes east for a distance of 152.77 feet to an iron pin, point and corner; running thence north 0 degrees 0 minutes west for a distance of 13.4 feet to an iron pin, point and corner; running thence north 89 degrees 57 minutes west for a distance of 169.2 feet to a point and corner on the east right of way of Jonquil Drive; running thence north along the east right of way of Jonquil Drive for a distance of 112 feet, more or less, to a point and corner; running thence south 90
Page 3365
degrees 0 minutes west for a distance of 30 feet to an iron pin, point and corner and the point of BEGINNING. Said Parcel Nine being part of Ward 2 as provided in Ga. L., 1965, p. 3023, et. seq. PARCEL TEN: All that tract or parcel of land lying and being in Land Lots 666 and 667 of the 17th District, 2nd Section, of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the south right of way of Spring Road 150 feet west of the intersection of the south right of way of Spring Road and the west right of way of Strathmoor Road as measured along the south right of way of Spring Road; running thence west along the south right of way of Spring Road for a distance of 275 feet to an iron pin, point and corner; running thence south for a distance of 186 feet, more or less, to an iron pin, point and corner; running thence west for a distance of 230 feet to a point located on the west right of way of Elmwood Drive; running thence south along the west right of way of Elmwood Drive for a distance of 400 feet to a point and corner; running thence east for a distance of 330 feet to a point and corner; running thence south along the east right of way of Aberdeen Way for a distance of 645 feet, more or less, to a point on the City of Smyrna City Limit line said line being the north line of Lots 16, 17, and 18 of Highlands Subdivision, Units 1 and 2; running thence easterly along said line for a distance of 192 feet, more or less, to a point and corner; running thence north for a distance of 1220 feet, more or less, to a point on the south right of way of Spring Road and the point of BEGINNING. Said Parcel Ten being a part of Ward 1 as provided in Ga. L., 1965, p. 3023, et. seq. PARCEL ELEVEN: All that tract or parcel of land lying and being in Land Lot 774 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows:
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BEGINNING at a point on the southeasterly right of way of Ann Road 402.5 feet northeast of the intersection of the southeasterly right of way of Ann Road and the south line of Land Lot 774 as measured along the southeasterly right of way of Ann Road; running thence northeasterly for a distance of 52 feet to a point and corner; running thence east for a distance of 160 feet to a point and corner; running thence south for a distance of 50 feet to a point and corner; running thence west for a distance of 100 feet to an iron pin, point and corner; running thence south for a distance of 150 feet to an iron pin, point and corner located on the south line of Land Lot 774; running thence west along the said south line of Land Lot 774 for a distance of 800 feet to an iron pin, point and corner; running thence north for a distance of 150.1 feet to an iron pin, point and corner located on the southeasterly right of way of Ann Road and the point BEGINNING. Said Parcel Eleven being part of Ward 2 as provided in Ga. L., 1965, p. 3023, et. seq. PARCEL TWELVE: All that tract or parcel of land lying and being in Land Lots 265, 311 and 312, of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point on the southeasterly right of way of Concord Road 160 feet southwest of the intersection of the southwesterly right of way of Havilon Way and the southeasterly right of way of Concord Road as measured along the southeasterly right of way of Concord Road; running thence south 48 degrees 05 minutes 20 seconds east for a distance of 312.01 feet to an iron pin; running thence south 66 degrees 21 minutes 22 seconds east for a distance of 706.93 feet to an iron pin; running thence south 23 degrees 39 minutes 29 seconds west for a distance of 25 feet to an iron pin, point and corner; running thence north 83 degrees 01 minute 54 seconds east for a distance of 51.10 feet to an iron pin; running thence southeasterly for a distance of 173.85 feet to an iron pin, point and corner located on the northwesterly right of way of Cloudland Drive; running thence southwesterly along the northwesterly right of
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way of Cloudland Drive for a distance of 399.76 feet to an iron pin, point and corner; running thence south 88 degrees 00 minutes 39 seconds west for a distance of 439.59 feet to an iron pin; running thence south 88 degrees 00 minutes 19 seconds west for a distance of 477.82 feet to an iron pin; running thence south 87 degrees 13 minutes 01 seconds west for a distance of 276.34 feet to an iron pin, point and corner; running thence north 01 degree 31 minutes 24 seconds east for a distance of 170.99 feet to an iron pin, point and corner; running thence south 88 degrees 30 minutes 09 seconds for a distance of 136.17 feet to an iron pin, point and corner located on the southeasterly right of way of Concord Road; running thence northeasterly along the southeasterly right of way of Concord Road for a distance of 1,010 feet to an iron pin, point and corner and the point of BEGINNING. Said Parcel Twelve being part of Ward 7 as provided in Ga. L., 1965, p. 3023, et. seq. PARCEL THIRTEEN: All that tract or parcel of land lying and being in Land Lot 313 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: BEGINNING at a point located on the northeast right-of-way line of Highview Drive 381.90 feet southeasterly as measured along said right-of-way line from the corner formed by the intersection of the northeast right-of-way line of Highview Drive with the southeast right-of-way line of Concord Road; thence running south 7814[prime] east and along the northeast right-of-way line of Highview Drive 100.0 feet to an iron pin; thence running north 013[prime] west 222.0 feet to an iron pin located on the north line of Land Lot 313; thence running south 8930[prime] west and along the north line of said Land Lot 313 a distance of 90.0 feet to an iron pin; thence running southerly 200 feet more or less to the northeast right-of-way line of Highview Drive at the point of BEGINNING; being a portion of that property shown of Plat recorded in Plat Book 48, page 3, Cobb County, Georgia, Records.
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Said Parcel Thirteen being in Ward 7 as provided in Ga. L. 1965, p. 3023, et seq. 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-March 1973 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Smyrna, Georgia (Ga. L. 1931, p. 955, et. seq.), as heretofore amended; and for other purposes. This 20th day of December, 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger G. Robert Howard Travis Duke Ken Nix A. L. Burruss Joe Mack Wilson Hugh Lee McDaniell Howard Atherton 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 21st 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
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Cobb County, on the following dates: January 19, 26, February 2, 1973. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 20th day of February, 1973. /s/ Susan Gordan Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TOWN OF SPARKSCHARTER AMENDEDTERM OF MAYOR CHANGED, ETC. No. 600 (House Bill No. 975). An Act to amend an Act establishing a new charter for the Town of Sparks in the County of Berrien, approved December 20, 1899 (Ga. L. 1899, p. 271), as amended by an Act approved August 20, 1906 (Ga. L. 1906, p. 1055), an Act approved August 12, 1907 (Ga. L. 1907, p. 922), an Act approved August 14, 1909 (Ga. L. 1909, p. 1364), an Act approved August 17, 1914 (Ga. L. 1914, p. 1191), and an Act approved August 15, 1927 (Ga. L. 1927, p. 1565), so as to provide for a two-year term of office for the mayor of said town; to provide for the designation of each position on the council by post; to provide for election by majority vote; to provide for a runoff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act establishing a new charter for the Town of Sparks in the County of Berrien, approved December 20, 1899 (Ga. L. 1899, p. 271), as amended by an Act approved August 20, 1906 (Ga. L. 1906, p. 1055), an Act approved August 12, 1907 (Ga. L. 1907, p. 922), an Act approved August 14, 1909 (Ga. L. 1909, p. 1364), an Act approved August 17, 1914 (Ga. L. 1914, p. 1191), and an Act approved August 15, 1927 (Ga. L. 1927, p. 1565), 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 officers of said town shall be a mayor and six councilmen. Said officers shall be elected by a majority of the votes cast to fill the office. The term of office for the mayor and councilmen shall be two years, and until their successors are elected and qualified. The town election shall be held on the second Tuesday in December in each year. At the town election in 1973, the mayor and the three councilmen, whose terms expire in 1973, shall be elected. At the town election in 1974, the three councilmen whose terms expire in 1974 shall be elected. There shall be six posts on the council. The mayor and council shall designate by post number each of the six councilmen's positions on the council. Any candidate for election as a councilman shall designate the post for which he is running. The town election shall be held in the council chamber of said town. No one shall vote or be elected to the office of mayor or councilman of said town who does not reside within the corporate limits thereof, who is not qualified to vote for members of the General Assembly of this State and who has not resided in the corporate limits of said town for three months next preceding the election. Said town election, and any run-off election required when no candidate receives a majority of the votes cast in said town election, shall be held and conducted in accordance with Code Chapter 34A, the `Georgia Municipal Election Code'. The certificate of the managers shall be sufficient authority to the persons elected to enter upon the discharge of the duties of the offices to which they have been elected. Those persons in office on July 1, 1973 shall continue to serve
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until their successors are duly elected and qualified as provided by law. Term. Section 2. This Act shall become effective on July 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 regular 1973 session of the General Assembly of Georgia, a bill to amend the Charter of the Town of Sparks, so as to provide for the term of the Mayor of said Municipality to be two years; for each position on the Council to be designated by posts; and that all elective officers of said municipality be decided by a run-off in case no candidate receives a majority vote in the first election. This the 12th day of January, 1973. Grover C. Patten 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 123rd 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 17, 24, 31, 1973. /s/ Grover C. Patten Representative, 123rd District Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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TOWN OF LENOXCHARTER AMENDEDCERTAIN LAND ANNEXED. No. 601 (House Bill No. 977). An Act to amend an Act incorporating the Town of Lenox in the County of Berrien, approved December 12, 1901 (Ga. L. 1901, p. 510), as amended by an Act approved August 4, 1916 (Ga. L. 1916, p. 772), an Act approved July 30, 1927 (Ga. L. 1927, p. 1278), an Act approved August 6, 1929 (Ga. L. 1929, p. 1156), an Act approved March 9, 1959 (Ga. L. 1959, p. 2563), an Act approved March 14, 1963 (Ga. L. 1963, p. 2218), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2599), so as to annex certain land to the Town of Lenox; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Lenox in the County of Berrien, approved December 12, 1901 (Ga. L. 1901, p. 510), as amended by an Act approved August 4, 1916 (Ga. L. 1916, p. 772), an Act approved July 30, 1927 (Ga. L. 1927, p. 1278), an Act approved August 6, 1929 (Ga. L. 1929, p. 1156), an Act approved March 9, 1959 (Ga. L. 1959, p. 2563), an Act approved March 14, 1963 (Ga. L. 1963, p. 2218), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2599), is hereby amended by inserting between section 2 and section 3, a new section, to be designated section 2A, to read as follows: Section 2A. The corporate limits of said town shall include in addition to that area described in section 2 all of a tract or parcel of land more fully described as follows: A tract of land in Land Lot Nos. 103, 104 and 82, 9th Land District of Cook County, Georgia, described as follows: Beginning at a point where the east right-of-way line of the G. S. F. Railroad intersects the existing southerly limit line of The Town of Lenox; from said point run thence S. 18 deg. E. along said railroad right-of-way line 1103.5 feet;
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thence N. 89 deg. 45 min. W. and across the right-of-way of U. S. Highway I-75 to the westerly margin of a road, all a distance of 3194 feet; thence N. 12 deg. 49 min. W. 1629.5 feet along said road margin; thence S. 81 deg. 15 min. W. 2471.85 feet to a point; thence north 0 deg. 19 min. East 2143 feet to the run of Flat Creek; thence northeasterly along the run of Flat Creek to the east right-of-way line of Interstate Highway 75; thence along said right-of-way line S. 11 deg. 12 min. E. a distance of 1220 feet, more or less, to the existing limit line of the Town of Lenox; thence along said existing limit line in a southerly, southeasterly and easterly direction to the point of beginning. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 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 1973 session of the General Assembly of Georgia, a bill to amend the charter of the Town of Lenox so as to change the corporate limits of the Town of Lenox; to repeal conflicting laws; and for other purposes. This 23rd day of January, 1973. Town of Lenox Griffis and Thomas Attorneys at law 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 123rd 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
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County, on the following dates: January 24, 31, February 7, 1973. /s/ Grover C. Patten Representative, 123rd District Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. NEW CLARKE COUNTY BOARD OF EDUCATION PROVIDED, ETC.REFERENDUM. No. 602 (House Bill No. 980). 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 the election of the members of said Board; to provide for qualifications; to provide for filing 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 provide for a special election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act 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 nine (9) members who shall be elected as hereinafter provided. (b) For the purpose of electing the members of the Clarke County Board of Education, there shall be nine posts to be occupied by the members of said Board. Posts. (c) 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. A candidate offering for election to said Board shall designate the post 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 Clarke County at large. All members of the Board shall be at least 18 years of age on the date of their election and of good moral character. (d) If this Act shall be approved in the election provided for in section 5, the Ordinary of Clarke County shall set a date of November 5, 1974, for the election of the first members of said Board of Education. The candidates elected at said election shall take office on January 1, 1975, for terms as hereinafter provided. (e) The candidates elected at said election from posts 1, 2, and 3 shall be elected for terms of two years and until their successors are duly elected and qualified. The candidates elected at said election from post 4, 5, and 6 shall be elected for terms of three years and until their successors are duly elected and qualified. The candidates elected at said election from posts 7, 8, and 9 shall be elected for terms of four years and until their successors shall be
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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 for terms of four years and until their successors are elected and qualified. (f) In the event a vacancy occurs on said Board for any reason, the remaining members shall elect a qualified person 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. Vacancies. (g) 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. (h) 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. Section 2. Said Act is further amended by adding a new section between Sections 5 and 6 to be designated section 5A and 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.
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(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, 1974, 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. 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 for the same date as the general primary for that year, August 13, 1974, 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 week for two weeks immediately
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preceding the date hereof, 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 the County at large 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 in 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 thereof to the Secretary of State. Section 6. If this Act shall be approved in the election provided for in section 5, the Ordinary of Clarke County shall call a special election on or before Friday, October 4, 1974, for the purpose of electing the members of the Clarke County Board of Education provided for herein. The Ordinary shall set the date of such election for the same date as the November election of that year, Tuesday, November 5, 1974. He 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 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
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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. Notice is hereby given that there will be introduced in the 1973 session of the General Assembly a bill providing for a referendum on the popular election of the members of the Clarke County Board of Education. This 16th day of January, 1973. J. Smiley Wolfe Chairman Board of Commissioners of Clarke County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chappelle Matthews 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 Athens Daily News which is the official organ of Clarke County, on the following dates: January 19, 26, February 2, 1973. /s/ Chappelle Matthews Representative, 62nd District Sworn to and subscribed before me, this 21st day of February, 1973. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission Expires Oct. 11, 1976. (Seal).
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Notice. Notice is hereby given that there will be introduced in the 1973 session of the General Assembly a bill providing for a referendum on the popular election of the members of the Clarke County Board of Education. This 16th day of January, 1973. J. Smiley Wolfe Chairman, Board of Commissioners of Clarke County Georgia, Clarke County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer an oath, Robert Chambers, 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 Clark County, on the following dates: January 19, January 26 and February 2, 1973. /s/ Robert Chambers Sworn to and subscribed before me, this 23rd day of February, 1973. Jeannette S. Snelson Notary Public, Clarke County, Georgia My Commission Expires June 15, 1975. (Seal). Approved April 17, 1973.
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CITY OF ROMECHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 603 (House Bill No. 984). An Act to amend an Act creating a new charter for the City of Rome, approved August 19, 1918 (Ga. L. 1918, p. 813), as amended, so as to change and 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 creating a new charter for the city of Rome, approved August 19, 1918 (Ga. L. 1918, p 813), as amended, is hereby amended by extending and increasing the corporate limits of the City of Rome so as to include and annex to said corporate limits the following described tracts of property, to wit: TRACT ONE All of that tract or parcel of land lying and being in the 4th District and 4th Section of Floyd County, Georgia, and being a part of Land Lot 127, and being more particularly described as follows: BEGINNING at the point where the North line of Land Lot 127 intersects the West right-of-way line of Lavendar Drive and running thence West along said Land Lot line 1145 feet, more or less, to the point where the North right-of-way line of the Southern Railroad intersects said Land Lot line; running thence Easterly following the North right-of-way line of the Southern Railroad to the point where said line intersects the West right-of-way line of Lavendar Drive and running thence North along the West right-of-way line of Lavendar Drive to the point of beginning, and containing 3.4 acres, more or less. TRACT TWO All of that tract or parcel of land lying and being in the 4th District and 4th Section of Floyd County, Georgia, and being parts of Land Lots 126 and 127, and more particularly described as follows: BEGINNING at the point where the
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Spur Track of the Southern Railroad, serving the Rome Frozen Foods property, intersects the East right-of-way line of Lavendar Drive, just South of the North line of Land Lot 127, and running thence Northerly along the present City limit line of the City of Rome to the point where said City limit line intersects the South City limit line of the Trend Mill property, and running thence West approximately 515 feet, more or less, to the East right-of-way line of Lavendar Drive; thence running along said East right-of-way line of Lavendar Drive, Southerly to the point of beginning, containing 4.42 acres, more or less, according to a plat of the same in Deed Book 336, page 387 (Rome Foods, Inc.) and (Southern Railroad), of the Deed Records of Floyd County, Georgia. TRACT THREE All of that tract or parcel of land lying and being in the 4th District and 4th Section of Floyd County, Georgia, and being parts of Land Lots 127, 128, 125, 161, 124 and 129, in said District and Section, and BEGINNING at the point where the right-of-way of the Central of Georgia Railroad intersects the East right-of-way line of the Airport Road; and running thence South along the East right-of-way line of the Airport Road, to the point where the same intersects the North right-of-way line of the Southern Railroad right-of-way and running thence along the North right-of-way line of the Southern Railroad, Easterly to the point where the present City limit line intersects the North right-of-way of the Southern Railroad and thence following the present City limit line of the City of Rome, Georgia, to the East right-of-way line of Watson Street; thence running Northerly along the East right-of-way line of Watson Street and Indiana Drive, to the point where the present City limit line intersects the South right-of-way line of the Central of Georgia Railroad; thence following the South right-of-way line of the Central of Georgia Railroad Westerly to the point of beginning. TRACT FOUR All of that tract or parcel of land lying and being in the 4th District and 4th Section of Floyd County, Georgia, and
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being parts of Land Lots 128, and 129 and 161, and being more particularly described as BEGINNING at the intersection of the West right-of-way line of Kirton Street with the North right-of-way line of Shorter Avenue, and running thence along the West right-of-way line of Kirton Street Northerly to the South right-of-way line of the Southern Railroad and thence following the South right-of-way line of the Southern Railroad Westerly to the intersection of said right-of-way line with the East right-of-way line of the Old Airport Road; thence following the East right-of-way line of the Old Airport Road Southerly to the point where it intersects with the North right-of-way line of Shorter Avenue; thence following the North right-of-way line of Shorter Avenue Easterly to the point of beginning. TRACT FIVE All of that tract or parcel of land lying and being in the 4th District and 4th Section of Floyd County, Georgia, and being parts of Land Lots 128, 129, 124, 125, 160 and 161, and more particularly described as follows: BEGINNING at a point where the East right-of-way line of the Old Airport Road intersects the North right-of-way line of Shorter Avenue, and running thence Northerly along the East right-of-way line of the Old Airport Road, to the point where it intersects the South right-of-way line of the Central of Georgia Railroad; running thence along the South right-of-way line of the Central of Georgia Railroad, Westerly to the point where the present City limit line of Rome, Georgia, intersects said South right-of-way line of said Railroad and thence following the present City limit line of the City of Rome, to the North right-of-way line of Shorter Avenue; running thence along the North right-of-way line of Shorter Avenue, 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. Georgia, Floyd County. Notice is hereby given that there will be introduced at the 1973 Session of the General Assembly of Georgia, a Local
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Bill to amend the Act creating a New Charter and Municipal Government for the City of Rome, approved August 19th, 1918, (Ga. L. 1918, p. 813), as amended, so as to change and extend the Corporate Limits of said City and for other purposes. This 7th day of February, 1973. John Adams Representative, 14th District Sidney Lowrey Representative 15th District E. B. Toles Representative, 16th District Sam Doss Senator 52nd District 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 14th 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 8, 15, 22, 1973. John Adams Representative, 14th District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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CITY OF KENNESAWCHARTER AMENDEDCORPORATE LIMITS CHANGED, ETC. No. 604 (House Bill No. 988). An Act to amend an Act creating a new charter for the city of Kennesaw, Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, so as to change the corporate limits of said City; to provide for the date and manner in which the City budget is to be adopted for each fiscal year; to provide a manner in which ordinances shall be adopted; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Kennesaw, Georgia, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, is hereby amended by striking section 2.12 in its entirety and inserting in lieu thereof a new section 2.12 to read as follows: Section 2.12. Ordinances. No ordinance shall be approved until it shall have been read at a regular public meeting of the Mayor and City Council of the City of Kennesaw, Georgia. Section 2. Said Act is further amended by striking section 4.03 in its entirety and inserting in lieu thereof a new section 4.03 to read as follows: Section 4.03. Action by Council on Budget. Before January 31st of the current 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
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that there is such an emergency. If conditions prevent the adoption of an appropriation ordinance before January 31st, of the current 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 3. Said Act is further amended by adding at the end of section 1.02, a new paragraph to read as follows: The corporate limits of the City of Kennesaw shall also include all that tract or parcel of land lying and being in Land Lot 167 of the 20th District, 2nd Section, Cobb County, described as: Beginning at an iron pin located at the intersection of the southeasterly side of Kennesaw-Due West Road and the northeasterly side of U. S. Highway No. 41; running thence north 26 degrees and 24 minutes east along the southeasterly side of Kennesaw-Due West Road a distance of 185 feet to an iron pin; running thence south 61 degrees and 12 minutes east a distance of 225 feet to an iron pin; running thence south 29 degrees and 28 minutes west a distance of 253.6 feet to an iron pin located on the northeasterly side of U. S. Highway No. 41; running thence north 43 degrees and 26 minutes west along the northesterly side of U. S. Highway No. 41 a distance of 225 feet to an iron pin located on the southeasterly side of Kennesaw-Due West Road at the point of beginning and being made in accordance with a plat of survey made by Donald W. Harkelroad, Surveyor, dated December 13, 1968, revised July 14, 1969. 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-March 1973 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.), at amended to
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create a new Charter (Ga. L. 1971, p. 3620 et seq.), as heretofore amended, and for other purposes. This 20th day of December 1972. Joe L. Thompson J. H. Henderson Jr. Tom Moore Senators George H. Kreeger Ken Nix Howard Atherton Travis Duke 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 21st 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 19, 26, February 2, 1973. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 14th day of February, 1973. Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Approved 17, 1973.
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CITY OF ACWORTHCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 605 (House Bill No. 990). An Act to amend an Act establishing a new charter for the City of Acworth, approved August 17, 1903 (Ga. L. 1903, p. 413), as amended, so as to extend the present corporate limits of said city to include therein certain territory in the County of Cobb contiguous and adjacent to the existing boundaries of said city; to define the boundaries of said territory; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Acworth, approved August 17, 1903 (Ga. L. 1903, p. 413), as amended, is hereby amended by extending beyond its present boundaries as now defined, the corporate limits of said City of Acworth so as to include the following territory, to wit: A. LAND LOT 6, 20th District, 2nd Section, Cobb County, Georgia PARCEL NO. 1 All that tract or parcel of land lying and being in Land Lot 6 of the 20th District, 2nd Section, Cobb County, Georgia, which is more particularly described as follows: BEGINNING at an iron pin on the north original line of said Land Lot which marks the boundary between Cobb County and Bartow County 197.6 feet east as measured along said County Line from the centerline of the W A Railroad; running thence East along said County Line 683.6 feet to an iron pin; thence South 0 degrees, 51 minutes west 887.4 feet to an iron pin; thence South 82 degrees, 31 minutes west 242 feet to an iron pin; continuing South 83 degrees, 05 minutes west 191.6 feet to an iron pin; thence South 4 degrees, 28 minutes west 159.3 feet to an iron pin on the
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east side of an unnamed road; thence North 10 degrees west along said Road 359.6 feet to a point; thence continuing North 11 degrees, 11 minutes west along said Road 100 feet to a point; thence continuing North 13 degrees, 57 minutes west 100 feet to a point; continuing thence North 15 degrees, 18 minutes west 100 feet to a point; thence North 0 degrees, 10 minutes west 450 feet to the iron pin at the Point of Beginning. B. LAND LOTS 7 and 8, 20th District, 2nd Section, Cobb County, Georgia PARCEL NO. 1 All that tract or parcel of land lying and being in Land Lots 7 and 8 of the 20th District and 2nd Section of Cobb County, Georgia, which is more particularly described as follows: BEGINNING at iron pin on the West side of Bartow Road where it is intersected by the Cobb-Bartow County line; thence West along the County line 137.32 feet to an iron pin; thence South 8 degrees 07 minutes West partly along the center line of Old Bartow Road 332.97 feet to a point; thence continuing South 3 degrees 29 minutes East along the center of said road 271.78 feet to a point; thence continuing South 2 degrees 23 minutes East 219.56 feet to a point; thence continuing South 17 degrees 43 minutes East along said center line 184.88 feet to a point; thence continuing South 14 degrees 43 minutes East along the center line 218 feet to a point on Bartow Road; thence North along the West side of Bartow Road 218 feet to a point; thence continuing Northerly along the West side of said road 618 feet to an iron pin; thence continuing Northerly along the Westerly side of Bartow Road 619.41 feet to the iron pin at the point of beginning. PARCEL NO. 2 All that tract or parcel of land lying and being in Land Lots 7 and 8 of the 20th District and 2nd Section of Cobb
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County, Georgia, which is more particularly described as follows: BEGINNING at an iron pin on the North original line of Land Lot 7 which is the Cobb-Bartow County line 200 feet West as measured along said original line from its intersection with the West side of Bartow Road; thence South 0 degrees 46 minutes 30 seconds East 580.85 feet to an iron pin; thence South 81 degrees 52 minutes East 119.59 feet to a point on the center of Old Bartow Road; thence North 3 degrees 29 minutes West along the center of said road 271.78 feet to a point; thence North 8 degrees 07 minutes West and partly along the center of said road 332.97 feet to an iron pin on said County line; thence South 87 degrees 21 minutes East along the County line 62.68 feet to the iron pin at the point of beginning. PARCEL NO. 3 All that tract or parcel of land lying and being in Land Lots 7 and 8 of the 20th District and 2nd Section of Cobb County, Georgia, which is more particularly described as follows: BEGINNING at a point located on the westerly side of Bartow Road (Glade Road) at its intersection with the northeast corner of Land Lot 7 said district and section; thence south 54 degrees 56 minutes east, 39.5 feet to a point in the right-of-way of said Bartow Road; thence running south 01 degree 15 minutes east 399.9 feet to a point; thence south 03 degrees 28 minutes west 313.7 feet to a point; thence south 64 degrees 10 minutes east 467.2 feet to an iron pin; thence north 09 degrees 37 minutes east 168.9 feet to an iron pin; thence north 08 degrees 23 minutes east 149.8 feet to an iron pin; thence north 08 degrees 27 minutes east 201.1 feet to an iron pin; thence south 61 degrees 16 minutes east 182.8 feet to an iron pin; thence south 83 degrees 41 minutes east 51.6 feet to a point; thence north 08 degrees 13 minutes east 103.87 feet to a point; thence north 06 degrees 48 minutes east 263.5 feet to a point; thence north 05 degrees 10 minutes east 75 feet more or less to a point on the northern side of Land Lot 8; thence
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northwesterly along said Land Lot Line 825 feet more or less to the point of beginning. C. LAND LOT 8, 20th District, 2nd Section, Cobb County, Georgia PARCEL NO. I All that tract or parcel of land lying and being in Land Lot 8 of the 20th District, 2nd Section, Cobb County, Georgia, as shown on plat of survey made by Lane S. Bishop, Registered Surveyor, dated August 4, 1972, and revised September 7, 1972 and December 6, 1972 being more particularly described as follows: BEGINNING at an iron pin on the west right-of-way of Ross Road (50 foot right-of-way) SAID POINT OF BEGINNING being 824.36 feet south as measured along the west right-of-way of Ross Road from the intersection of the west right-of-way of Ross Road and the north land lot line of Land Lot 8 of the 20th District, 2nd Section, Cobb County, Georgia, said point being the Northwest corner of property now or formerly owned by T. E. Stivers and FROM SAID POINT OF BEGINNING running thence South 65 degrees, 44 minutes east 241.47 feet to an iron pin; running thence North 89 degrees, 05 minutes east 352.66 feet to an iron pin; running thence South 00 degrees, 04 minutes east 189.76 feet to an iron pin on the north right-of-way of Georgia Highway 92 (50 foot right-of-way); running thence Westerly and Southwesterly along the north right-of-way of Georgia Highway 92, 680.44 feet to an iron pin; running thence North 78 degrees, 50 minutes west 36.49 feet to an iron pin on the east right-of-way of Ross Road; running thence North 09 degrees, 52 minutes easterly along the eastern-most right-of-way of Ross Road 473.8 feet to an iron pin and Point of Beginning, said tract consisting of 3.1 acres.
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D. LAND LOT 68, 20th District, 2nd Section, Cobb County, Georgia PARCEL NO. 1 All that tract or parcel of land lying and being in Land Lot 68 of the 20th District, 2nd Section, Cobb County, Georgia, which is more particularly described as follows: BEGINNING at a point on the west side of Old U. S. Highway #41, 195 feet northerly as measured along the westerly side of said Highway from its intersection with the north side of Worth Street; thence North along the west side of Worth Street 130 feet; thence West 150 feet; thence South 130 feet; thence East 150 feet to the Point of Beginning. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. 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-March 1973 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Acworth, Georgia (Ga. L. 1903, p. 413, et seq.), as heretofore amended; and for other purposes. This 20th day of December, 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger Ken Nix Howard Atherton Travis Duke A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives
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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 21st 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 19, 26, February 2, 1973. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF GRIFFINCHARTER AMENDEDELECTION OF BOARD OF COMMISSIONERS' CHAIRMAN PROVIDED. No. 606 (House Bill No. 993). An Act to amend an Act creating a new charter for the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2651), so as to provide that the Board of Commissioners shall elect their own chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act creating a new charter for the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2651), is hereby amended by striking in its entirety section 10 and substituting in lieu thereof the following: Section 10. At the first meeting of the Board of Commissioners conducted after the members of the Board elected to said Board in the 1975 general election shall assume office, the members of the Board shall elect one of their members to serve as chairman for the next ensuing twelve months. Thereafter, the Board shall elect one of their members to serve as chairman for a term of office of one year and until a successor is duly elected. No Commissioner shall be eligible to succeed himself as chairman. The chairman shall hold the title of Honorary Mayor of the City of Griffin'. Election. Section 2. The provisions of this Act shall become effective on December 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that legislation will be introduced in the regular 1973 session of the General Assembly of Georgia to provide for the election by the Board of Commissioners of the City of Griffin of a chairman of the Board of Commissioners, and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clayton Brown 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 Griffin Daily News which is the official organ
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of Spaulding County, on the following dates: January 26, February 2, 9, 1973. /s/ Clayton Brown Representative, 67th District Sworn to and subscribed before me, this 14th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. PIERCE COUNTYSTATE COURTCOMPENSATION OF JUDGE AND SOLICITOR CHANGED. No. 608 (House Bill No. 996). An Act to amend an Act establishing the State Court of Pierce County, formerly the City Court of Blackshear, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, particularly by an Act approved August 17, 1929 (Ga. L. 1929, p. 371), an Act approved March 2, 1933 (Ga. L. 1933, p. 309), an Act approved March 21, 1958 (Ga. L. 1958, p. 2736), and an Act approved March 17, 1960 (Ga. L. 1960, p. 2653), so as to change the compensation of the judge and solicitor of the State Court of Pierce 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 the State Court of Pierce County, formerly the City Court of Blackshear, approved August 15, 1911 (Ga. L. 1911, p. 210), as amended, particularly by an Act approved August 17, 1929 (Ga. L. 1929,
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p. 371), an Act approved March 2, 1933 (Ga. L. 1933, p. 309), an Act approved March 21, 1958 (Ga. L. 1958, p. 2736), and an Act approved March 17, 1960 (Ga. L. 1960, p. 2653), is hereby amended by striking from section 2 the following: The judge of the City Court of Blackshear shall receive a salary of two thousand four hundred dollars ($2,400.00) per annum., and inserting in lieu thereof the following: The judge of the State Court of Pierce County shall receive the salary specified in section 2A. Judge. Section 2. Said Act is further amended by inserting, following section 2, a new Section, to be designated section 2A, to read as follows: Section 2A. The judge of the State Court of Pierce County shall receive a salary of three thousand six hundred dollars ($3,600.00) per annum. Salary. Section 3. Said Act is further amended by striking from section 4 the following: The solicitor of said City Court of Blackshear shall not be entitled to receive any fees whatsoever as are now allowed in said court for his services, but instead of said fees he shall be paid $2,400.00 per year in the form of a salary, which shall take the place of said fees as are now allowed., Solicitor. and inserting in lieu thereof the following: The solicitor of said State Court of Pierce County shall not be entitled to receive any fees whatsoever as are now allowed in said court for his services, but instead of said fees shall be paid the salary specified in section 4A, which shall take the place of said fees as are now allowed. Section 4. Said Act is further amended by inserting, following section 4, a new Section, to be designated section 4A, to read as follows:
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Section 4A. The solicitor of the State Court of Pierce County shall receive a salary of $3,600.00 per annum. Salary. 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 Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Pierce County, formerly the City Court of Blackshear approved August 15, 1911 (Ga. L. 1911, p. 210), 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. This 22nd day of January, 1973. Bobby A. Wheeler Representative, 127th 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 127th 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 18, 25, 1973 and February 1, 1973. /s/ Bobby Wheeler Representative 127th District
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Sworn to and subscribed before me, this 5th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF COMMERCECHARTER AMENDEDCOUNCILMEN-AT-LARGE PROVIDED, ETC. No. 610 (House Bill No. 1002). An Act to amend an Act incorporating the City of Commerce approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, so as to designate posts for the election of councilmen-at-large; to provide for practices and procedures in connection with the election of the councilmen-at-large; to provide for other 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 City of Commerce approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, is hereby amended by adding, following section 4, a new Section to be designated section 4A, to read as follows: Section 4A. For the purpose of electing the two councilmen-at-large, the councilmen-at-large posts on the City Council are hereby designated `councilman-at-large post 1', and `councilman-at-large post 2'. Any person seeking nomination or election as a councilman-at-large shall designate the post to which he seeks election at the time he qualifies for nomination or election, and such person shall be eligible for election only to the post so designated.
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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 1973 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, so as to change the provisions relative to the election of the councilmen at large; to repeal conflicting laws; and for other purposes. This 16th day of January, 1973. Lauren McDonald Jr. Representative, 12th District Georgia, Jackson County. Personally appeared before me, a Notary Public within and for above State and County, Herman Buffington who, on oath, deposes and says that he is the publisher of The Jackson Herald which is the official organ of Jackson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 17, 24, 31, 1973. /s/ Herman Buffington Publisher Sworn to and subscribed before me, this 28th day of February, 1973. /s/ June Crowe Notary Public Approved April 17, 1973.
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CITY OF HOGANSVILLECHARTER AMENDEDCABLE TELEVISION SYSTEM AUTHORIZED. No. 611 (House Bill No. 1003). 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. 1505), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827), an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), an Act approved February 13, 1962 (Ga. L. 1962, p. 2088), an Act approved March 31, 1971 (Ga. L. 1971, p. 2801), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2415), so as to grant to the City of Hogansville the power to acquire right-of-way or easement, purchase, construct, own, sell and dispose of, maintain, operate, extend and improve a Cable Television System, both inside and outside the corporate limits of the City of Hogansville; 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 in the County of Troup, approved March 12, 1941 (Ga. L. 1941, p. 1505), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827), an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), an Act approved February 13, 1962 (Ga. L. 1962, p. 2088), an Act approved March 31, 1971 (Ga. L. 1971, p. 2801), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2415), is hereby amended by adding a new section immediately following section 1, to be designated section 1A, to read as follows: Section 1A. The corporate powers of the City, to be exercised by the Mayor and City Council, may include the power to acquire right-of-way or easement, purchase, construct, own, sell and dispose of, maintain, operate, extend and improve a Cable Television System, both inside and outside the corporate limits subject to the provisions of applicable general law, and to prescribe the charges, rates,
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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. 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 local legislation will be introduced at the 1973 Regular Session of the General Assembly of Georgia to amend the charter of the City of Hogansville so as to grant to the City of Hogansville the power to acquire right of way or easement, purchase, construct, own, sell and dispose of, maintain, operate, extend and improve a Cable Television System both inside and outside the corporate limits of the City of Hogansville. This the 5th day of February 1973. Mayor Council of Hogansville By James R. Lewis City Attorney Georgia, Troup County. Personally before the undersigned officer, duly authorized to administer oaths, appeared Glen O. Long, who, on oath, deposes and says that he is Publisher of The LaGrange Daily News, the newspaper in which Sheriff's advertisements of Troup County, Georgia are published; that the attached
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Notice of Intention to Introduce Local Legislation was duly published in said newspaper on the dates of February 9, February 16, and February 23, 1973. /s/ Glen O. Long Publisher LaGrange Daily News Sworn to and subscribed before me, this the 24th day of February 1973. /s/ Katherine M. Nelson Notary Public, Troup County, Georgia My Commission Expires March 2, 1973. (Seal). Approved April 17, 1973. CITY OF HOGANSVILLECHARTER AMENDEDCORPORATE LIMITS EXTENDED. No. 612 (House Bill No. 1004). 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. 1505), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827), an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), an Act approved February 13, 1962 (Ga. L. 1962, p. 2088), an Act approved March 31, 1971 (Ga. L. 1971, p. 2801), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2415), 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 in the County of Troup, approved March 12, 1941 (Ga. L. 1941, p. 1505), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827),
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an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), an Act approved February 13, 1962 (Ga. L. 1962, p. 2088), an Act approved March 31, 1971 (Ga. L. 1971, p. 2801), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2415), is hereby amended by adding a new subsection at the end of section 3, to be designated subsection (c), to read as follows: (c) All that tract or parcel of land containing 46.8 acres, more or less, in Land Lots 22, 23, 42 and 43 of the 12th Land District of Troup County, Georgia, more particularly described as follows: Beginning at a point where the West line of the existing city limits of the City of Hogansville intersects the center line of Yellow Jacket Creek and running thence S 27 48[prime] E along the West line of the existing city limits of the City of Hogansville for a distance of 1142.08 feet; running thence in a Southerly direction along the said West line of the existing city limits for a distance of 1675 feet, more or less; running thence N 88 15[prime] W for a distance of 861.4 feet to a concrete marker; thence N 1 14[prime] W for a distance of 1000.0 feet to a concrete marker; thence N 78 45[prime] W for a distance of 113.0 feet to a concrete marker; thence N 13 30[prime] W for a distance of 322 feet to the center line of Yellow Jacket Creek; running thence in a Northeasterly direction along the meanderings of the center line of said Yellow Jacket Creek for a distance of 1450 feet, more or less, 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 local legislation will be introduced at the 1973 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 Land Lots 22, 23, 42 and 43 of the 12th
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Land District of Troup County, Georgia adjacent to the existing corporate limits. This the 5th day of February 1973. Mayor and Council of Hogansville James R. Lewis City Attorney Georgia, Troup County. Personally before the undersigned officer, duly authorized to administer oaths, appeared Glen O. Long who, on oath, deposes and says that he is Publisher of The LaGrange Daily News, the newspaper in which Sheriff's advertisements of Troup County, Georgia are published; that the attached Notice of Intention to Introduce Local Legislation was duly published in said newspaper on the dates of February 9, February 16 and February 23, 1973. /s/ Glen O. Long Publisher LaGrange Daily News Sworn to and subscribed before me on this the 24th day of February, 1973. /s/ Katherine M. Nelson Notary Public, Troup County, Georgia. My Commission expires: March 2, 1973. (Seal). Approved April 17, 1973. CITY OF HOGANSVILLECHARTER AMENDEDCERTAIN MAXIMUM SALARIES PROVIDED. No. 613 (House Bill No. 1005). 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. 1505), as amended,
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particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827), an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), an Act approved February 13, 1962 (Ga. L. 1962, p. 2088), an Act approved March 31, 1971 (Ga. L. 1971, p. 2801), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2415), so as to provide for the salaries and compensation for the Mayor not to exceed $420.00 per annum, and each Councilman not to exceed $300.00 per annum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hogansville in the County of Troup, approved March 12, 1941 (Ga. L. 1941, p. 1505), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827), an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), an Act approved February 13, 1962 (Ga. L. 1962, p. 2088), an Act approved March 31, 1971 (Ga. L. 1971, p. 2801, 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. At the first regular meeting of the Mayor and Council of said City after election and qualification, or as soon as is expedient thereafter, they shall elect a City Clerk, who shall be ex officio treasurer, tax collector, tax receiver, and clerk of the Recorder's Court of said City of Hogansville; a Marshal, a Chief of Police, as many policemen as in the judgment of said Mayor and Council may be necessary, a City Attorney, City Physician, a Superintendent of water, lights, and streets, and such other officers as the Mayor and Council may deem necessary in the government of the City. Any two or more of the above-named officers may be combined if, in the judgment of the Mayor and Council, such will be to the advantage of the City. Each of said officers shall take such oaths, perform such duties and give such bonds as the Mayor and Council may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of Hogansville. Said Mayor and Council shall have the power and authority, and it
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shall be their duty at said meeting, to fix the salaries and compensation of said Mayor, not to exceed $420.00 per annum, and each Councilman, not to exceed $300.00 per annum, and all other officers, agents, and employees of said City. All officers of said City shall hold their offices at the pleasure of the Mayor and Council. All expenditures of the Mayor and Council and the compensation of the City officers shall be paid out of the City funds by an order drawn by the City Clerk and countersigned by the Mayor, or, in his absence, by the Mayor Pro Tem. Salaries. 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 local legislation will be introduced at the 1973 Regular Session of the General Assembly of Georgia to amend the charter of the City of Hogansville so as to increase the maximum per annum compensation for the Mayor and Council not to exceed $420.00 per annum for the Mayor and not to exceed $300.00 per annum for each Councilman. This the 5th day of February, 1973. Mayor and Council of Hogansville By James R. Lewis City Attorney Georgia, Troup County. Personally before the undersigned officer, duly authorized to administer oaths, appeared Glen O. Long who, on oath, deposes and says that he is Publisher of The LaGrange Daily News, the newspaper in which Sheriff's advertisements of Troup County, Georgia are published; that the attached Notice of Intention to Introduce Local Legislation
Page 3407
was duly published in said newspaper on the dates of February 9, February 16 and February 23, 1973. /s/ Glen O. Long Publisher LaGrange Daily News Sworn to and subscribed before me on this the 24 day of February 1973. /s/ Katherine M. Nelson Notary Public, Troup County, Georgia. My Commission expires March 2, 1973. (Seal). Approved April 17, 1973. CITY OF ROSWELLCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 614 (House Bill No. 1006). An Act to amend an Act creating a new charter for the City of Roswell, approved April 10, 1971 (Ga. L. 1971, p. 3289), so as to change the corporate limits of said City by deannexing certain real property; to provide for the reannexation of said real property 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 a new charter for the City of Roswell, approved April 10, 1971 (Ga. L. 1971, p. 3289), is hereby amended by striking Section 1.02 in its entirety and inserting in lieu thereof a new Section 1.02, to read as follows: Section 1.02. Corporate Boundaries. The corporate limits of the City of Roswell are defined to be:
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BEGINNING at a point on the south side of the Chattahoochee River if a line is drawn from the southeast corner where Vickery Creek enters into the Chattahoochee River to the south bank of the Chattahoochee River and going thence easterly, northeasterly, and southeasterly along the south bank of the Chattahoochee River five thousand nine hundred and eighty (5,980) feet, more or less, to the east right of way line of U.S. Highway No. 400; thence northeasterly along the east right of way line of U.S. Highway No. 400 six hundred and fifty (650) feet to a point; thence southeasterly four hundred and fifty (450) feet to a point on the west side of Riverside Road; thence northwesterly along the west side of Riverside Road sixty (60) feet to a point on the south line of Land Lot 535; thence south 89 degrees 18 minutes 30 seconds east along the south line of Land Lot 535 one thousand three hundred and ten (1,310) feet, more or less, to the southeast corner of Land Lot 535; thence north 0 degrees 27 minutes west along the east line of Land Lot 535 one thousand three hundred twenty and eight tenths (1,320.8) feet to a point and the northeast corner of Land Lot 535; thence north 89 degrees 16 minutes east along the south line of Land Lot 567 one thousand three hundred eighteen and four tenths (1,318.4) feet to a point and the southeast corner of Land Lot 567; thence north 0 degrees 28 minutes 30 seconds east six hundred twenty (620) feet to a point; thence south 89 degrees 24 minutes east one thousand four hundred twenty four and five tenths (1,424.5) feet to a point on the east line of Land Lot 583; thence north 0 degrees 30 minutes west along the east line of Land Lot 583 seven hundred and nine tenths (700.9) feet to a point; thence east along the south line of Land Lot 613 one thousand four hundred fifty five (1,455) feet, more or less, to a point and the southeast corner of Land Lot 613; thence north along the east lines of Land Lots 613 and 612 two thousand three hundred and sixty (2,360) feet to a point on the north side of Old Alabama Road; thence easterly, northeasterly, and southeasterly along the north side of Old Alabama Road six thousand six hundred and fifty (6,650) feet to a point; thence north 0 degrees 50 minutes west one thousand and eighty three and five tenths (1,083.5) feet to a point; thence north 74 degrees 11 minutes east four hundred thirty two and nine
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tenths (432.9) feet to a point on the west side of Turner Road; thence northwesterly, northerly, and northeasterly along the west side of Turner Road two thousand three hundred sixteen and five tenths (2,316.5) feet to a point; thence north 1 degree 03 minutes west one thousand and twelve and three tenths (1,012.3) feet to a point on the north line of Land Lot 738; thence south 88 degrees 15 minutes west along the north lines of Land Lots 738 and 705 one thousand three hundred and twenty six (1,326) feet to a point; thence north 1 degree 18 minutes west one thousand three hundred forty one and two tenths (1,341.2) feet to a point on the north line of Land Lot 704; thence south 87 degrees 56 minutes west along the north line of Land Lot 704 eight hundred eighty three and five tenths (883.5) feet to a point and the northwest corner of Land Lot 704; thence south 88 degrees 43 minutes west along the north line of Land Lot 685 eight hundred and six (806) feet, more or less, to the north side of Big Creek; thence southwesterly and northwesterly along the north bank of Big Creek eight thousand (8,000) feet, more or less, to a point in the center of a branch; thence northeasterly, northerly, and northwesterly, along the center of said branch and the meanderings thereof two thousand seven hundred (2,700) feet to a point on the north line of Land Lot 541; thence west along the north line of Land Lot 541 one thousand three hundred (1,300) feet to a point on the west side of Warsaw Road; thence north along the west side of Warsaw Road five hundred and fifty (550) feet to a point; thence west six hundred (600) feet to a point; thence north three hundred twenty five (325) feet to a point on the south side of Old Roswell Road; thence southwesterly along the south side of Old Roswell Road six hundred eleven and two tenths (611.2) feet to a point; thence southeasterly three hundred twenty one (321) feet to a point; thence south 13 degrees 54 minutes west one hundred eighty (180) feet to a point; thence south 5 degrees 45 minutes east three hundred fifty one and four tenths (351.4) feet to a point; thence south 74 degrees 58 minutes west two hundred forty (240) feet to a point; thence southerly along the center of a branch four hundred forty two (442) feet, more or less, to a point; thence southwesterly forty six (46) feet to a point; thence northwesterly
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three hundred fifty (350) feet to a point; thence south 0 degrees 14 minutes west eight hundred thirty one (831) feet to a point on the south line of Land Lot 503; thence west along the south line of Land Lot 503 one thousand one hundred fifty (1,150) feet to a point and the southwest corner of Land Lot 503; thence north along the west lines of Land Lots 503 and 504 one thousand three hundred fifty (1,350) feet to a point; thence northeasterly six hundred (600) feet to a point; thence northwesterly one thousand one hundred (1,100) feet to a point on the south line of Land Lot 505; thence west along the south line of Land Lot 505 and Land Lot 485 one thousand five hundred seventy (1,570) feet to a point on the west side of U.S. Highway No. 19; thence southwesterly along the west side of U.S. Highway No. 19 eight hundred fifty (850) feet to a point at the intersection of the west side of U.S. Highway No. 19 with the north side of Crossville Road; thence northwesterly along the north side of Crossville Road eighty (80) feet to a point on the west side of Houze Road; thence northerly and northwesterly along the west side of Houze Road four thousand five hundred fifty (4,550) feet to a point on the south line of Land Lot 471; thence west along the south line of Land Lot 471 one thousand three hundred (1,300) feet to a point; thence north along the west line of Land Lot 471 one thousand three hundred twenty (1,320) feet to a point; thence east along the west line of Land Lot 471 eight hundred (800) feet to a point on the west side of Houze Road; thence southeasterly along the west side of Houze Road seven hundred (700) feet to a point; thence east eight hundred seventy five (875) feet to a point; thence north two hundred (200) feet to a point; thence east two thousand (2,000) feet to a point on the east side of Elkins Road; thence south three hundred (300) feet, more or less along the east side of Elkins Road if said east line of Elkins Road were extended across U.S. Highway No. 19 to a point on the south side of U.S. Highway No. 19; thence northeasterly along the south side of U.S. Highway No. 19 one thousand three hundred (1,300) feet to a point; thence east along the north lines of Land Lots 519 and 546 one thousand four hundred (1,400) feet, more or less, to a point in the center of Foe Killer Creek; thence southerly, easterly, northerly, northwesterly, and westerly
Page 3411
along the center of Foe Killer Creek and the meanderings thereof four thousand nine hundred thirty (4,930) feet, more or less, to a point on the south side of Hembree Road; thence west along the south side of Hembree Road two thousand and seventy (2,070) feet to a point on the east side of Elkins Road; thence southerly along the east side of Elkins Road two thousand seven hundred fifty (2,750) feet to a point on the north line of Land Lot 519; thence west along the south lines of Land Lots 509 and 481 two thousand six hundred forty (2,640) feet to a point and the southeast corner of Land Lot 481; thence north along the west lines of Land Lots 481 and 480 one thousand nine hundred (1,900) feet to a point; thence westerly one thousand four hundred (1,400) feet to a point on the west line of Land Lot 473; thence north along the west line of Land Lot 473 one thousand (1,000) feet to a point; thence west four thousand (4,000) feet along the south lines of Land Lots 441, 436, and 402 to the south side of Hembree Road; thence west along the south side of Hembree Road one thousand three hundred and twenty (1,320) feet to a point on the south line of Land Lot 362; thence west along the south lines of Land Lots 362, 357, 317, 312, 254, and 249 seven thousand (7,000) feet to a point on the south line of Land Lot 249 and the south side of Woodstock Road; thence northwesterly, westerly, and southwesterly along the south side of Woodstock Road nine thousand two hundred (9,200) feet to a point on the west line of Land Lot 36 and the Cobb County line; thence southerly, southeasterly, easterly, southwesterly, and westerly along the Cobb County line and along the center of Willeo Creek and the meanderings thereof thirty three thousand six hundred seventy five (33,675) feet, more or less, to a point on the north side of Willeo Road; thence north and northeasterly along the north side of Willeo Road seven thousand two hundred (7,200) feet, more or less, to a point on the south line of Land Lot 332 at the intersection of the south line of Land Lot 332 with the north line of Azalea Drive if the north line of Azalea Drive were extended across Willeo Road to the west side of Willeo Road; thence easterly, southeasterly and northeasterly along the north side of Azalea Drive eight thousand nine hundred sixty seven (8,967) feet, more or less, to a point on the east side of
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U.S. Highway No. 19; thence south along the east side of U.S. Highway No. 19 one thousand (1,000) feet, more or less, to a point on the south bank of the Chattahoochee River; thence easterly along the south bank of the Chattahoochee River four hundred (400) feet, more or less, to a point on the south bank of the Chattahoochee River at the intersection of a line drawn south from the southeast corner of Vickery Creek across the Chattahoochee River to the south bank thereof and the point of beginning. Provided, however, in the event the land deannexed from the City of Roswell as provided hereinabove is not converted into a public park by Fulton County within twelve months after January 1, 1973, the land deannexed as provided herein shall become reannexed and reincorporated into the city limits of the City of Roswell. 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 regular 1973 Session of the General Assembly of Georgia, convening January, 1973, a bill to amend the New Charter of the City of Roswell, as amended, so as to change the Corporate Limits of said City, to provide for the reannexing of certain property deannexed if such is not converted to a Public Park within Twelve (12) months from January 1, 1973, and for other purposes. W. L. Mabry, Jr. Mayor City of Roswell 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
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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 February, 1973. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 2nd day of March, 1973. /s/ Mildred N. Lazenby Notary Public, Ga. State at Large. My Commission Expires Oct. 15, 1975. (Seal). Approved April 17, 1973. STATE COURTSCERTAIN COUNTIESASSOCIATE JUDGE PROVIDED, ETC. (145,000-165,000). No. 616 (House Bill No. 1023). An Act to provide for the appointment of an associate judge for the State Courts in 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, or any future such census; to provide for the appointment of probation officers for such courts; to provide for an additional secretary for such courts; to provide for salaries for certain officers and employees of such courts; 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 nor more than 165,000 according to the United States Decennial Census of 1970, or any future such census, there is hereby created the position of associate judge of the State Court. Judge Jack McGahee is hereby appointed as associate judge of the State Court in
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such counties. The associate judge of the State Court in such counties shall serve as a judge of the State Court when requested to serve by the judge of the State Court or by the solicitor of the State Court when the judge is incapacitated. The associate judge of the State Court in such counties shall be compensated in the amount of $50.00 per day for each day he serves. Associate judge. Section 2. 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 future such census, there is hereby created the position of chief probation officer and of two assistant probation officers, who shall have supervision and oversight of criminal probationers in the State Court of such counties. It shall be the duty of the judge of the State Court of such counties to appoint such person or persons who are best qualified to perform the duties of said probation officers to serve at the pleasure of the court, and to fix the salaries of the assistant probation officers which shall be paid out of the county treasury as a part of the court expenses. The judge of the State Court of such counties shall require appropriate bonds from the probation officers. The cost of such bonds shall be paid out of the county treasury. Chief probation officer. Section 3. In all counties of this State having a population of not less than 145,000 nor more than 165,000 according to the United States Decennial Census of 1970, or any future such census, there is hereby created an additional secretary position for the solicitor's office of the State Court of such counties. The additional secretary for the solicitor of the State Court of such counties shall be paid a salary fixed by the solicitor of not less than $350.00 nor more than $375.00 per month from the county treasury. Additional secretary. Section 4. Notwithstanding any other provision of law to the contrary, 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 future
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such census, the following officers and employees shall receive the following annual salaries: (a) Judge of the State Court $17,250.00 Salaries. (b) Solicitor of the State Court $13,500.00 (c) Asst. Solicitor of the State Court $ 7,500.00 (d) Chief Probation Officer $ 8,964.00 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. Approved April 17, 1973. TOWN OF POOLERCHARTER AMENDEDCORPORATE LIMITS CHANGED, ETC. No. 617 (House Bill No. 1035). 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. 2530), an Act approved March 3, 1962 (Ga. L. 1962, p. 2704), an Act approved April 8, 1965 (Ga. L. 1965, p. 3399), an Act approved February 24, 1967 (Ga. L. 1967, p. 2034), an Act approved April 10, 1971 (Ga. L. 1971, p. 3508), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2953), so as to change and extend the corporate limits of the Town of Pooler; to increase the authorized salaries of the Mayor, Aldermen and Recorder of the Town of Pooler; to increase the qualifying fees of the Mayor, Aldermen and Recorder of the Town of Pooler; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act creating a new charter for the 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. 2530), an Act approved March 3, 1962 (Ga. L. 1962, p. 2704), an Act approved April 8, 1965 (Ga. L. 1965, p. 3399), an Act approved February 24, 1967 (Ga. L. 1967, p. 2034), an Act approved April 10, 1971 (Ga. L. 1971, p. 3508), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2953), is hereby amended by adding a new section, to be known as section 2D, to read as follows: Section 2D. In addition to the present Corporate Limits of Pooler, as they exist at the time of the approval of this Act, the Corporate Limits of the Town of Pooler shall also include the following described tracts of land: 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 Southerly right-of-way line of U. S. Highway No. 80 (Old Louisville Road) and the Western Limits of the Town of Pooler, which point is located on the Southerly right-of-way line of U. S. Highway No. 80 (Old Louisville Road) and which point is the Point of Beginning; running thence South Twenty-one degrees Twenty-three minutes West (S 21-23[prime] W) a distance of Two Hundred (200) feet along the Town of Pooler Limits to a point; running thence South Sixty-Eight degrees Thirty-seven minutes East (S 68-37[prime] E), a distance of Seventy-five (75) feet along the Town of Pooler Limits to a point; running thence South Twenty-one degrees Twenty-three minutes West (S 21-23[prime] W) a distance of One Hundred Fifty-six (156) feet along the Town of Pooler Limits to a point on the Northern right-of-way line of the Central of Georgia Railway; running thence North Seventy-three degrees Twenty-eight minutes West (N 73-28[prime] W) a distance of One Thousand Seven Hundred Sixty-one and Three One Hundredths (1761.03) feet along the Northern right-of-way line of the Central of Georgia Railway to a point; running thence North Sixteen degrees Thirty-two minutes East (N 16132[prime] E) a distance of Twenty-five and Thirty-three One Hundredths (25.33) feet to a point; running thence North Seventy-three degrees Twenty-eight minutes West
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(N 73-28[prime]W) a distance of Thirty-eight and Five Tenths (38.5) feet to a point; running thence North Eleven degrees Zero minutes East (N 11-00[prime] E) a distance of Four Hundred Ninety-one and Fifteen One Hundredths (491.15) feet to a point on the Southern right-of-way line of U. S. Highway No. 80 (Old Louisville Road); running thence South Sixty-eight degrees Thirty-seven minutes East (S 68-37[prime] E) a distance of One Thousand Two Hundred Thirteen (1,213.00) feet along the Southern right-of-way line of U. S. Highway No. 80 (Old Louisville Road) to a point; running thence South Twenty-one degrees Twenty-three minutes West (S 21-23[prime] W) a distance of Eleven (11) feet to a point; running thence South Sixty-eight degrees Thirty-seven minutes East (S 68-37[prime] E) a distance of Five Hundred Thirty-eight (538) feet along the Southern right-of-way line of U. S. Highway No. 80 (Old Louisville Road) to a point; running thence North Twenty-one degrees Twenty-three minutes East (N 21 23[prime] E) a distance of Eleven (11) feet to a point; running thence South Sixty-eight degrees Thirty-seven minutes East (S 68-37[prime] E) a distance of Forty-four (44) feet along the Southern right-of-way line of U. S. Highway No. 80 (Old Louisville Road) to a point, which point or corner was the Point of Beginning. The above-described tract of land being more fully shown on a plat made by Hussey, Gay and Bell, Consulting Engineers, Savannah, Georgia, date February 19, 1973, recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book W, Folio 175, and marked on said map as `Parcels to be annexed for Town of Pooler, Ga.', and to which specific reference is specifically made. ALL that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Commencing at the Point of intersection of the Northerly right-of-way line of U. S. Highway 80 and the Western boundary line of property now or formerly of Joshua Dowd, which point is the Point of Beginning; running thence North Seventy degrees Forty-eight minutes West (N 70-48[prime] W) a distance of One Thousand Five Hundred Ninety-five (1,595) feet along the Northern right-of-way line of U. S. Highway No. 80 to a point; running thence North Nineteen degrees Twelve minutes East (N 19-12[prime] E) a distance of One
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Thousand Twenty (1,020) feet to a point; running thence North Sixty-six degrees Ninteen minutes East (N 66-19[prime] E) a distance of One Thousand Two Hundred Seventy-nine (1,279) feet to a point; running thence South Seventy-three degrees Zero minutes East (S 73-00[prime] E) a distance of Two Thousand Sixty-five (2,065) feet to a point; running thence South Sixteen degrees Sixteen minutes West (S 16-16[prime] W) a distance of One Thousand Two Hundred Eighty-one and Seventy-two One Hundredths (1,281.72) feet along the present Town Limits to a point; running thence South Fifty degrees Eight minutes West (S 50-08[prime] W) a distance of One Hundred Eighteen and Eighty One Hundredths (118.80) feet to a point; running thence North Fifty-two degrees Ten minutes West (N 52-10[prime] W) a distance of Six Hundred Eighty-one and Seventy-eight One Hundredths (681.78) feet to a point; running thence South Seventy-five degrees Sixteen minutes West (S 75-16[prime] W) a distance of two Hundred Fifty-two and Twelve One Hundredths (252.12) feet to a point; running thence South Twenty degrees Thirty-three minutes East (S 20-33[prime] E) a distance of Eight Hundred Nineteen and Seventy-two One Hundredths (819.72) feet to a point; running thence South Fifty degrees Six minutes West (S 50-06[prime] W) a distance of Forty-four and Eighty-eight One Hundredths (44.88) feet to a point on the Southerly right-of-way line of U. S. Highway No. 80; running thence North Seventy degrees Forty-eight minutes West (N 70-48[prime] W) a distance of Five and Twenty-eight One Hundredths (5.28) feet along the Southerly right-of-way line of U. S. Highway No. 80 to a point; running thence North Twenty-two degrees thirty-two minutes West (N 22-32[prime] W) a distance of One Thousand Five Hundred Seventy and Eighty One Hundredths (1,570.80) feet to a point; running thence South Nineteen degrees Twelve minutes West (S 19-12[prime] W) a distance of One Thousand One Hundred Sixty-two (1,162) feet to a point on the Northern right-of-way line of U. S. Highway No. 80, which point was the Point of Beginning. The above-described tract of land being more fully shown on a plat made by Hussey, Gay and Bell, consulting Engineers, Savannah, Georgia, dated February 19, 1973, recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book W, Folio 176, and marked on said map as
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`Areas to be annexed for the Town of Pooler, Georgia', and to which specific reference is specifically made. 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 Easterly right-of-way line of Sheftal Street and the Southerly right-of-way line of Mell Street, which point is also the Southeast corner of the intersection of Sheftal Street and Mell Street, and which point or corner is the Point of Beginning; running thence South Seventy-two degrees Zero minutes East (S 72-00[prime] E) a distance of One Thousand Nine Hundred Seventy-six (1,976) feet, more or less, along the Southern right-of-way line of Mell Street to its point of intersection with the Westerly right-of-way line of Line Street; running thence South Nineteen degrees Zero minutes West (S 19-00[prime] W) a distance of One Thousand Fifty (1,050) feet along the Westerly right-of-way line of Line Street to a point; running thence North Thirty-one degrees Zero minutes W (N 31-00[prime] W) a distance of One Hundred Eighty-two (182) feet to a point; running thence North Eighteen degrees Zero minutes East (N 18-00[prime] E) a distance of One Hundred Seventy-eight (178) feet to a point; running thence North Seventy-two degrees Zero minutes West (N 72-00[prime] W) a distance of One Thousand Two Hundred Forty-five (1,245) feet, more or less, to a point on the Westerly right-of-way line of Chestnut Street; running thence North Forty-nine degrees Thirty minutes West (N 49-30[prime] W) a distance of Five Hundred Seventy-five (575) feet, more or less, to the point of intersection between the Easterly right-of-way line of Sheftal Street and the Southerly right-of-way line of Park Street; running thence North Eighteen degrees Zero minutes East (N 18-00[prime]E) a distance of Six Hundred Twenty-five (625) feet, more or less, along the Easterly right-of-way line of Sheftal Street to its point of intersection with the Southerly right-of-way line of Mell 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 Hussey, Gay and Bell, Consulting Engineers, Savannah, Georgia, dated February 19, 1973, recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book W, Folio 177, and
Page 3420
marked on said map as `Parcels to be annexed for the Town of Pooler, Ga.' and to which specific reference is specifically made. 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 Southerly right-of-way line of Pipemaker Canal and the Easterly right-of-way line of Cemetery Road, which point is located on the Easterly right-of-way line of Cemetery Road and is the Point of Beginning; running thence North Eighty-three degrees Thirty-nine minutes East (N 83 39[prime] E) a distance of Sixty-four and Ninety-three One Hundredths (64.93) feet to a point; running thence North Sixty degrees Forty-six minutes East (N 60-46[prime] E) a distance of Eight Hundred Fifty-five and Twenty-four One Hundredths (855.24) feet to a point; running thence North Thirty-nine degrees Forty-three minutes East (N 39-43[prime] E) a distance of Seven Hundred Seventy-eight and Sixty One Hundredths (778.60) feet to a point; running thence North Forty-six degrees Forty-three minutes East (N 46-43[prime] E) a distance of One Hundred Thirty-one and Twenty-one One Hundredths (131.21) feet to a point; running thence North Fifty-six degrees Forty-seven minutes East (N 56-47[prime] E) a distance of Sixty-four and Ninety-six One Hundredths (64.96) feet to a point; running thence North Seventy-two degrees Forty-two minutes East (N 72-42[prime] E) a distance of Eight Hundred Forty-two (842.00) feet to a point; running thence North Sixty-three degrees Six minutes Thirty seconds East (N 63-06[prime] 30[Prime] E) a distance of One Thousand One Hundred Ten and Fifteen One Hundredths (1,110.15) feet to a point; running thence North Sixty-three degrees Eleven minutes Thirty seconds East (N 63-11[prime] 30[Prime] E) a distance of Seven Hundred Two and Fifty-nine One Hundredths (702.59) feet to a point, which point is located at the intersection of Thompson Brothers Property and the Southerly right-of-way line of Pipemaker Canal; running thence South Eighteen degrees Twelve minutes Thirty seconds West (S 18-12[prime] 30[Prime]W) a distance of One Thousand Nine Hundred and Forty One Hundredths (1,800.40) feet to an iron pipe Old P.O.L.; continuing thence South Eighteen degrees Twelve minutes Thirty seconds West (S 18-12[prime] 30[Prime] W) a
Page 3421
distance of One Thousand Nine Hundred Nine and Eighty-one One Hundredths (1,909.81) feet to an iron pipe Old P.O.L.; continuing thence South Eighteen degrees Twelve minutes Thirty seconds West (S 18-12[prime] 30[Prime] W) a distance of Two Hundred Thirty-three and Ninety-five One Hundredths (233.95) feet to a point; continuing thence South Eighteen degrees Twelve minutes Thirty seconds West (S 18-12[prime] 30[Prime] W) a distance of Five Hundred Fifty-eight and Ninety-eight One Hundredths (558.98) feet to a point, which point is located on the Southerly right-of-way line of Oliver Street; running thence North Seventy-three degrees Eleven minutes Thirty seconds West (N 73-11[prime] 30[Prime] W) a distance of One Thousand Seven Hundred Six and Sixty-six One Hundredths (1,706.66) feet along the Southerly right-of-way line of Oliver Street to a point on the Easterly right-of-way line of the Trinity Methodist Church of Pooler; running thence North Twenty degrees Twenty-five minutes Thirty seconds East (N 20-25[prime] 30[Prime] E) a distance of Sixty (60) feet, more or less, along the Eastern boundary line of the property of Trinity Methodist Church of Pooler (Western right-of-way line of Newton Street) to a point; running thence North Sixty-eight degrees Forty-one minutes Thirty seconds West (N 68-41[prime] 30[Prime] W) a distance of Five Hundred Twenty and Eighty-five One Hundredths (520.85) feet along the Northern boundary line of the property of Trinity Methodist Church of Pooler to a point on the Easterly right-of-way line of Cemetery Road; running thence North Ten degrees Thirty-four minutes West (N 10-34[prime] W) a distance of One Thousand Seventy-four and Seventeen One Hundredths (1,074.17) feet to a point; running thence North Twenty-two degrees Nineteen minutes West (N 22-19[prime] W) a distance of Three Hundred Eighty-one and Thirty-seven One Hundredths (381.37) feet to a point, which point is located at the intersection of the Southerly right-of-way line of Pipemaker Canal and the Easterly right-of-way line of Cemetery Road and which point was the Point of Beginning. The above-described tract of land being more fully shown on a plat made by Leigh Gignilliat showing portions of Symons First and Second Additions, Town of Pooler, 8th G. M. District, Chatham County, Georgia, recorded in the Office of the Clerk of the Superior Court of Chatham County,
Page 3422
Georgia, in Plat Record Book W, Folio 178, and to which specific reference is specifically made. ALL that tract of land in Chatham County, State of Georgia, in the 8th G. M. District, and being more particularly described as follows: Beginning at a point on the North side of the right-of-way of the Pipemaker Canal where property herein described joins the property of A. D. Kent, and running thence along the line of A. D. Kent and W. S. Godley, North Eighteen and one-half degrees East (N 18 E), Seventeen Hundred Ninety-eight (1,798) feet; running thence along the lines of W. S. Godley South Seventy-five and One-fourth degrees East (S 75 E), Two Thousand Five Hundred Thirty (2,530) feet; running thence North Nineteen and One-half degrees East (N 19 E), Five Hundred Forty-nine and Five Tenths (549.5) feet; running thence along the lines formerly of George Fryhofer South Seventy-three and One-half degrees East (S 73 E), Sixteen Hundred and Sixty-five (1,665) feet; running thence South Seventeen degrees and Fifty-five minutes West (S 17-55[prime] W), Two Thousand Thirty-two and Eight Tenths (2,032.8) feet; running thence along the line now or formerly of Dotson, North Fifty-three degrees West (N 53 W) Three Hundred Sixty-nine and Six Tenths (369.6) feet; running thence South Fifty-three degrees West (S 53 W) Sixteen Hundred Fifty-nine (1,659) feet; running thence North Thirty-seven degrees West (N 37 W) Eleven Hundred Thirty (1,130) feet to the North side of the right-of-way of the Pipemaker Canal; running thence along the North side of said Canal in a Northwesterly direction to the Point of Beginning; said tract containing Two Hundred Ten and Fourteen One Hundredths (210.14) acres, more or less, according to a survey made by Robert D. Gignilliat, C. E., said map dated April 27, 1926, being of record in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Map Book No. 2, Folio 148, with the lands described herein being shown within the red lines on said map and being the same lands conveyed by S. H. Oliver to B. H. Barrow in a Deed of Record of the aforesaid Clerk's Office in Book of Deeds 21-U's, Folio 69; this being the same property conveyed to A. D. Kent on May 12, 1928, by John J. Bouhan by Warranty Deed of record in the aforesaid
Page 3423
Clerk's Office in Book of Deeds 24-G's, Folio 333, to which reference is hereby made for better determining the metes, bounds and dimensions of the property herein described; saving and excepting, however, the following; All that certain tract or parcel of land situate, lying and being in the 8th G. M. District of Chatham County, Georgia, and more particularly shown on a map or plat prepared by Sewell Associates, Savannah, Georgia, on March 29, 1962, which map or plat is recorded in the Clerk's Office of the Superior Court of Chatham County, Georgia, in Plat Record Book N, Folio 121, and being described as follows: Beginning at a concrete marker One Hundred Eighty and Ninety-eight One Hundredths (180.98) feet South Fifty-five degrees Seventeen minutes West (S 55-17[prime] W) from the Westerly boundary of Travis Field, the distance being measured from a point marking the intersection of the Northeasterly corner of the lands of T. H. Dotson with said Westerly boundary of Travis Field, which marker is the Point or Place of Beginning; running thence South Fifty-five degrees Seventeen minutes West (S 55-17[prime] W) a distance of One Thousand Four Hundred Seven and Twelve One Hundredths (1407.12) feet to a concrete monument; running thence North Thirty-seven degrees West (N 37 W) a distance of Eight Hundred Seventy-eight and Six Tenths (878.6) feet to a concrete marker; running thence North Two degrees Nine minutes West (N 02-9[prime] W) a distance of One Hundred Forty-five and Seventy-seven One Hundredths (145.77) feet to a point; running thence North Twenty-nine degrees Six minutes West (N 29-06[prime] W) a distance of One Hundred Nineteen and Thirty-one One Hundredths (119.31) feet to a point; running thence North Forty-seven degrees Eleven minutes West (N 47-11[prime] W) a distance of One Hundred Forty-three and Ten One Hundredths (143.10) feet to a concrete marker; running thence South Eighty-two degrees Twenty-four minutes East (S 82-24[prime] E) a distance of Eighteen Hundred Seventy and Sixty-two One Hundredths (1,870.62) feet to the concrete monument marker referred to as the Place of Beginning; said tract containing Twenty and Seventy-seven One Hundredths (20.77) acres, more or less, and as a whole being bounded as follows: Northerly by remaining lands of Alfred Duncan Kent; Southeasterly by lands of T. H. Dotson; and Westerly
Page 3424
by the Barrow Tract and Pipemaker Canal, the property herein described being a portion of the lands conveyed by John J. Bouhan to A. D. Kent by Warranty Deed dated May 12, 1928, and recorded in the Clerk's Office of the Superior Court of Chatham County, Georgia, in Book of Deeds 24-G's, Folio 333. ALL that certain tract or parcel of land situate in Chatham County, Georgia, and in the 8th G. M. District, and more particularly described as follows: Beginning at a point on the North side of the Pipemaker Canal at a point where the road from Pooler intersects the said Canal, the same point being a corner between the lands herein described and the lands formerly of D. C. Newton, and running thence along the line formerly of D. C. Newton North Twenty-five degrees West (N 25 W) One Thousand Seven Hundred Sixty-seven and Three Tenths (1,767.3) feet to a corner; running thence North Seven degrees Ten minutes West (N 07-10[prime] W) Two Thousand Six Hundred Seventy-five and Five Tenths (2,675.5) feet to a corner; running thence along the lines of the property belonging to W. S. Godley as follows: South Eighty-four degrees East (S 84 E) Three Thousand One Hundred Fifty-five (3,155) feet; running thence North Fifty-eight degrees Twenty-eight minutes East (N 58-28[prime] E) Twenty-five Hundred Fifty and Two Tenths (2,550.2) feet; running thence South Twenty degrees Eighteen minutes West (S 20-18[prime] W) Sixteen Hundred Thirty-six and Eight Tenths (1,636.8) feet; running thence South Seventy-two and One-half degrees East (S 72 E) Twenty-four Hundred Eighty-six and Six Tenths (2,486.6) feet; running thence along the lines of the tract formerly owned by B. H. Barrow, but now owned by A. D. Kent, South Eighteen and One-half degrees West (S 18 W) Five Hundred (500) feet to the North side of the right-of-way of the Pipemaker Canal; running thence along the North side of the right-of-way of said Canal in a Westerly direction to the Point of Beginning; said tract containing Three Hundred Seventy-two and Forty-one One Hundredths (372.41) acres, more or less, according to a survey made by Robert D. Gignilliat, Civil Engineer; said map being dated April 27, 1926, and being of record in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Map
Page 3425
Book 2, Folio 19; express reference is hereby made to the aforesaid map and to the Deed from S. H. Oliver to A. D. Kent dated May 12, 1926, of record in the aforesaid Clerk's Office in Book of Deeds 21-S's, Folio 151, for better determining the metes, bounds and dimensions of the property herein described. ALL that certain tract or parcel of land situate, lying and being in the 8th G. M. District of Chatham County, Georgia, and being more particularly shown on a map or plat prepared by Sewell Associates, Savannah, Georgia, on March 29, 1962, which map or plat is recorded in the aforesaid Clerk's Office in Plat Record Book N. Folio 121, and being described as follows: Beginning at a point on the Northeasterly edge of the Old S A Railroad (which right-of-way is now abandoned), North Forty-five degrees West (N 45-W) One Thousand Thirty-eight and Seven Tenths (1,038.7) feet to a point; thence North Seventy-four degrees West (N 74 W) Seven Hundred Forty-seven and Eighty-five One Hundredths (747.85) feet to a corner; thence North Twenty-three degrees Thirty minutes East (N 23-30[prime] E) Four Hundred Eleven and Eight One Hundredths (411.08) feet to a corner; thence South Seventy-four degrees East (S 74 E) One Thousand Six Hundred Thirty-one and Fifty-seven One Hundredths (1,631.57) feet to a corner; thence South Eighteen degrees West (S 18 W) Nine Hundred Ten and Eleven One Hundredths (910.11) feet to the Point of Beginning containing Twenty and Seventy-seven One Hundredths (20.77) acres, more or less, and being the same property conveyed to Alfred Duncan Kent by the Mayor and Aldermen of the City of Savannah acting by and through the Savannah Air Port Commission on April 27, 1962, reference being hereby made to the aforesaid plat and Deed for better determining the metes, bounds and dimensions of the property herein described. ALL that certain portion of the right-of-way of the Pipemaker Canal lying East of the Easterly right-of-way line of Cemetery Road; said right-of-way being Eighty (80) feet in width and it being the intent to include within said Corporate Limits all of the right-of-way of the Pipemaker Canal that is contiguous to and that separates any
Page 3426
portion of the property described in this Bill. Any portion of the right-of-way of the Pipemaker Canal that is bounded by the property described herein only on one side shall be excluded from the Town Limits of the Town of Pooler. Only that portion of the Pipemaker Canal that is bounded on both sides by the property described in this Bill shall be included in the Corporate Limits of the Town of Pooler. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting a new section 4 to read as follows: Section 4. Be it further enacted that qualified persons aspiring to the offices of Mayor, Aldermen or Recorder, shall on or before the Twentieth day of December preceding the January election, request the Recorder to place his or her name on the ballot to be prepared for said election, and shall at the same time pay to the Treasurer of said Town, the sum of Forty (40.00) Dollars if he or she be qualified to run for Mayor, and the sum of Twenty-five (25.00) Dollars if he or she be qualified to run for Recorder or Aldermen. Said fees to be used to help defray the expenses of the printing of the ballots and of the election and the balance, if any, to be placed in the common treasury of said Town. Officers, qualifications. Section 3. Said Act is further amended by striking section 15 in its entirety and inserting in leu thereof a new section 15 to read as follows: Section 15. Be it further enacted that the Recorder shall be paid a salary not to exceed $280.00 per annum, to be fixed by the Town Council by annual ordinance. The Mayor shall be paid a salary not to exceed $400.00 per annum to be fixed by the Town Council. The Aldermen, each, shall be paid a salary not to exceed $200.00 per annum, to be fixed by the Town Council. Salaries. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 3427
Notice of Intention to Apply for Local Legislation. Georgia, Chatham County. Notice is hereby given of intention to apply for local legislation at the 1975 Session of the General Assembly of Georgia with the approval of the Mayor and Aldermen of the Town of Pooler, Georgia, to amend the several acts constituting the Charter of the Town of Pooler to change and extend the corporate limits of the Town of Pooler; to increase the authorized salaries of the Mayor, Aldermen and Recorder of the Town of Pooler; to increase the qualifying fees of the Mayor, Aldermen and Recorder of the Town of Pooler; and to otherwise amend the laws constituting the Charter of the Town of Pooler and for other purposes. Jack K. Berry Town Attorney Town of Pooler Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Georgia A. Chance who, on oath, deposes and says that he is Representative from the 112th 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 11, 18, 25, 1973. /s/ George A. Chance, Jr. Representative, 112th District Sworn to and subscribed before me, this 28th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
Page 3428
CRISP COUNTYCERTAIN COUNTY OFFICERSSALARIES CHANGED. No. 618 (House Bill No. 1040). An Act to amend an Act changing the mode of compensating the clerk of the superior court, sheriff, ordinary, and tax commissioner of Crisp County from the fee system to an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2428), as amended, by an Act approved April 15, 1969 (Ga. L. 1969, p. 2702) so as to change the provisions relative to the compensation of the clerk, sheriff, and ordinary; to change the provisions relative to the deputies, clerks and other assistants for said officers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act changing the mode of compensating the clerk of the superior court, sheriff, ordinary, and tax commissioner of Crisp County from the fee system to an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2428), as amended, by an Act approved April 15, 1969, (Ga. L. 1969, p. 2702) is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. (a) The clerk of the superior court shall receive an annual salary of not less than $10,000.00 nor more than $12,000.00. The salary provided for herein shall be fixed by the governing authority of Crisp County within the limitations provided herein. Clerk. (b) Said clerk shall be authorized to employ a deputy clerk at an annual salary of not less than $6,000.00, said salary to be fixed by the governing authority of Crisp County. (c) Said clerk shall also be authorized to employ a clerktypist at an annual salary of not less than $4,800.00, said salary to be fixed by the governing authority of Crisp County.
Page 3429
(d) The salaries provided for by this Section shall be paid in equal monthly installments from the funds of Crisp County. 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 sheriff shall receive an annual salary of not less than the amount prescribed by general law nor more than $12,000.00. The salary provided for herein shall be fixed by the governing authority of Crisp County within the limitations provided herein. Sheriff. (b) Said sheriff shall be authorized to employ a chief deputy at an annual salary of not less than $6,900.00, said salary to be fixed by the governing authority of Crisp County. (c) The governing authority of Crisp County shall be authorized to provide additional assistants for the sheriff as follows: (1) One deputy at an annual salary of not less than $6,600.00. (2) One deputy at an annual salary of not less than $6,300.00. (3) One secretary at an annual salary of not less than $4,800.00. (4) One jailer at an annual salary of not less than $4,500.00. (d) The salaries of the sheriff's assistants provided for by subsection (c) hereof shall be fixed by the governing authority of Crisp County. (e) In addition to the foregoing, the sheriff shall also receive $100.00 per month for feeding county prisoners in his custody who have been furnished food, and he shall
Page 3430
make such arrangements with the county warden as may be agreed upon between them for food to be supplied from the county works camp, but the sheriff or one of his deputies or the jailer shall pick up the food at the county works camp and return the utensils thereto after the prisoners have been fed. The funds for the payment of the food for prisoners as herein provided shall be payable from the funds of Crisp County. (f) The salaries provided for by this Section shall be paid in equal monthly installments from the funds of Crisp County. Section 3. Said Act is further amended by striking section 6 in its entirety and substituting in lieu thereof a new section 6 to read as follows: Section 6. (a) The ordinary shall receive an annual salary of not less than $10,000.00 nor more than $12,000.00. The salary provided for herein shall be fixed by the governing authority of Crisp County within the limitations provided herein. Ordinary. (b) Said ordinary shall be authorized to employ a chief clerk at an annual salary of not less than $6,000.00 and a deputy clerk or typist at an annual salary of not less than $4,800.00. The salaries provided for herein shall be fixed by the governing authority of Crisp County. (c) The salaries provided for by this Section shall be paid in equal monthly installments from the funds of Crisp County. Section 4. Said Act is further amended by striking from section 7 the following: He shall be authorized to hire one clerk at a salary of not less than three hundred ($300.00) dollars per month, nor more than four hundred ($400.00) dollars per month, the same to be fixed by the governing authority of said county at the beginning of each fiscal year., Clerk.
Page 3431
and by designating the remainder of Section 7 as subsection (a) thereof and by adding at the end thereof two new subsections to be designated subsections (b) and (c) and to read as follows: (b) Said tax commissioner shall be authorized to employ one clerk at an annual salary of not less than $6,000.00, said salary to be fixed by the governing authority of Crisp County. (c) The salaries provided for by this section shall be paid in equal monthly installments from the funds of Crisp 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 regular 1973 session of the General Assembly of Georgia, a bill to amend an Act placing the clerk of the superior court, the sheriff, the ordinary, and the tax commissioner of Crisp County on a salary basis, approved February 28, 1966 (Ga. L. 1966, p. 2428), as amended, so as to change the provisions relating to the compensation of certain officials and personnel thereof; and for other purposes. This 29th day of January, 1973. Howard Rainey Representative, 115th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard Rainey who, on oath, deposes and says that he is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp
Page 3432
County, on the following dates: January 31, February 7, 14, 1973. /s/ Howard H. Rainey Representative, 115th District Sworn to and subscribed before me, this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. GWINNETT COUNTYTAX COMMISSIONERCOMPENSATION CHANGED. No. 619 (House Bill No. 1045). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Gwinnett County into the office of tax commissioner, approved February 23, 1956 (Ga. L. 1956, p. 2502), as amended, particularly by an Act approved April 15, 1969 (Ga. L. 1969, p. 2715), so as to change the provisions relative to 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 Gwinnett County into the office of tax commissioner, approved February 23, 1956 (Ga. L. 1956, p. 2502), as amended, particularly by an Act approved
Page 3433
April 15, 1969 (Ga. L. 1969, p. 2715), is hereby amended by striking from section 4 the following: $12,500.00, and inserting in lieu thereof the following: $17,000.00, so that when so amended section 4 shall read as follows: Section 4. The tax commissioner shall be compensated in the amount of $17,000.00 per annum, to be paid in euql monthly installments from the funds of Gwinnett County. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Gwinnett County, and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected. Salary. Section 2. Said Act is further amended by striking section 4A in its entirety. Section 3. This Act shall become effective on July 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 regular 1973 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax receiver and tax collector of Gwinnett County into the office of Tax Commissioner, approved February 23, 1956 (Ga. L. 1956, p. 2502), as amended, so as to change the provisions relating to the compensation of the Tax Commissioner; and for other purposes. This 15 day of January, 1973. James D. Mason Representative, 59th District
Page 3434
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 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 19, 26, February 2, 1973. /s/ James D. Mason Representative, 59th District Sworn to and subscribed before me, this 1st day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. GWINNETT CONNTYBOARD OF COMMISSIONERSSALARY OF CHAIRMAN CHANGED, ETC. No. 620 (House Bill No. 1046). An Act to amend an Act creating a new Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, so as to change the provisions relative to the compensation of the chairman of said Board; to provide an expense allowance for the members of the Board other than the chairman; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 3435
Section 1. An Act creating a new Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, is hereby amended by adding at the end of subsection (a) of section 9 the following: The members of the commission, other than the chairman, shall also be entitled to receive an expense allowance of $150.00 per month to be paid from the funds of Gwinnett County. Members, expense allowance. Section 2. Said Act is further amended by striking subsection (b) of section 9 in its entirety and substituting in lieu thereof a new subsection (b) of section 9 to read as follows: (b) The chairman shall receive as his entire compensation the sum of $20,750.00 per annum. Said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn. In addition to the compensation hereinabove provided, the chairman shall be furnished by the county an automobile with the expenses of the operation thereof and the expenses incurred by said chairman to be paid by the county. Salary. Section 3. Section 1 of 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 2 of this Act shall become effective on July 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 regular 1973 session of the General Assembly of Georgia, a bill to amend an Act creating a new Board of Commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, so as to change the provisions
Page 3436
relative to the compensation of the members of said Board and Board meetings; and for other purposes. This 15th day of Jan., 1973. James D. Mason Representative, 59th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James D. Mason who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 19, 26, February 2, 1973. /s/ James D. Mason Representative, 59th District Sworn to and subscribed before me, this 1st day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF SNELLVILLENAME CHANGE AUTHORIZED. No. 621 (House Bill No. 1047). An Act to amend an Act incorporating the Town of Snellville in the County of Gwinnett, approved August 20, 1923 (Ga.
Page 3437
L. 1923, Ex. Sess., p. 775), as amended, so as to change the name of said Town to the City of Snellville; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Snellville in the County of Gwinnett, approved August 20, 1923 (Ga. L. 1923, Ex. Sess., p. 775), as amended, is hereby amended by striking from said Act the words, Town of Snellville and said town and the Town and Town, wherever the same appear, and inserting in lieu thereof the words, City of Snellville and said City and the City and City, respectively so that on and after the effective date of this Act, said Town shall be officially known as and shall be the City of Snellville. 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 1973 session of the General Assembly of Georgia, a bill to amend an Act incorporating the Town of Snellville, approved August 20, 1923 (Ga. L. 1923, Ex. Sess., p. 775), as amended so as to change the name of said town to the City of Snellville; and for other purposes. This 15th day of Jan., 1973. James D. Mason Representative, 59th District
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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 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 19, 26, February 2, 1973. /s/ James D. Mason Representative, 59th District Sworn to and subscribed before me, this 1st day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. PUTNAM COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED, ETC. No. 622 (House Bill No. 1048). An Act to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Putnam County, approved March 6, 1962 (Ga. L. 1962, p. 3048), so as to change the compensation of the tax commissioner; to provide for compensation for clerical help; to provide that the salary of the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act consolidating the offices of Tax Collector and Tax Receiver of Putnam County, approved March 6, 1962 (Ga. L. 1962, p. 3048), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof three new sections, to be designated section 4, section 4A, and section 4B, respectively, to read as follows: Section 4. The tax commissioner shall receive for his services as such an annual salry of $13,000.00. Said compensation shall be paid in equal monthly installments from the funds of Putnam County. Salary. Section 4A. The tax commissioner shall be compensated for clerical help in an amount to be set solely in the discretion of the Board of Commissioners of Putnam County, to be paid in equal monthly installments from the funds of Putnam County. Section 4B. 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 Putnam 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, 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. 1937-1938, Ex. Sess., p. 297), as amended, and an Act, relating to the sale of motor vehicle license plates by local tax officials, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended. 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.
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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 1973 Session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of Tax collector and Tax Receiver of Putnam County, approved March 6, 1962 (Ga. L. 1962, p. 3048), so as to change the compensation of the tax commissioner; to provide for compensation for clerical help; to provide that the salary of the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind; to provide an effective date; to repeal conflicting laws; and for other purposes. This 6th day of February, 1973. M. Lamar Wilson Representative 94th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, M. Lamar Wilson who, on oath, deposes and says that he is Representative from the 94th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Eatonton Messenger which is the official organ of Putnam County, on the following dates; February 8, 15, 22, 1973. /s/ M. Lamar Wilson Representative, 94th District Sworn to and subscribed before me, this 26th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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CITY OF NASHVILLECHARTER AMENDEDCOMPENSATION OF MAYOR AND ALDERMEN CHANGED, ETC. No. 623 (House Bill No. 1051). An Act to amend an Act establishing a new charter for the City of Nashville, Berrien County, approved December 17, 1900 (Ga. L. 1900, p. 374), as amended, particularly by an Act approved August 15, 1910 (Ga. L. 1910, p. 956), and an Act approved March 23, 1960 (Ga. L. 1960, p. 3301), so as to change the method of fixing the salary of the mayor and aldermen; to create the Municipal Court of the City of Nashville; to provide for a judge for said court; to provide for the time for convening said court; to provide for jurisdiction of said court; to provide for powers of said court; to provide for appeal from said court; to provide for rules for 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 a new charter for the City of Nashville, Berrien County, approved December 17, 1900 (Ga. L. 1900, p. 374), as amended, particularly by an Act approved August 15, 1910 (Ga. L. 1910, p. 956), and an Act approved March 23, 1960 (Ga. L. 1960, p. 3301), is hereby amended by striking section 3 (i) in its entirety and substituting in lieu thereof, a new section (3) (i), to read as follows: Section 3(i). The city council with the approval of the mayor of the city shall determine the compensation of the mayor and aldermen. Such salaries shall be paid in monthly installments or annually at the election of the mayor and each alderman upon written notification to the city clerk. Salaries. Section 2. Said Act is further amended by striking section 39 in its entirety and substituting in lieu thereof six new sections, to be designated sections 39, 39A, 39R, 39C, 39D, and 39E, to read as follows:
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Section 39. Creation. There is hereby established a court to be known as the Municipal Court of the City of Nashville, 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 and authority 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 city constituting traffic cases which under the laws of Georgia are placed within the jursdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting. Should both the judge and judge pro tem become disqualified, then any member of the council may be designated to preside with the same powers and duties as the judge when so acting. Muncipal court created. Section 39A. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. The judge shall be appoited by the mayor and shall serve at the discretion of the council, to be relieved of his duties as judge only by a majority vote of the council and mayor. The compensation of the judge shall be fixed by the council. Judge. (b) The judge pro tem shall serve in the absence of the judge, shall have the same qualifications as the judge, shall be appointed by the council, and shall take the same oath as the judge. (c) Before entering on duties of his office, the judge shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly
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and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the council. Section 39B. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Convening. Section 39C. Jurisdiction; Powers. (a) The municipal court shall try and punish for crimes against the City of Nashville and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $75.00 or 30 days in jail. The municipal court may fix punishment for offenses within its jurisdiction for 60 days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 60 days. Jurisdiction. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (c) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property or personal endorsement as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the City of Nashville,
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or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Nashville granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances. Section 39D. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Berrien County from the mayor'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 the ordinary. Provided that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Appeal. Section 39E. Rules for Court. The judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the opertion
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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, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. Rules. Section 3. Said Act is further amended by striking section 43 in its entirety and substituting in lieu thereof, a new section 43, to read as follows: Section 43. A warrant for the arrest of an offender issued by said municipal court shall be directed to the chief of police or any member of the police force of the city, and may be executed by the said chief or any member of the said police force of the city, or the marshal or any watchman or any other person authorized and empowered to make arrests by the ordinances of the city. Arrests, however, may be made by any of the officers or persons who are hereunder duly authorized as aforesaid without a warrant if the offense is committed in the presence of the arresting officer, or if the defendant is endeavoring to escape, or if for any other cause there is likely to be a failure of justice for the want of an officer to issue a warrant. The officers of the city may follow violators of the law and ordinances of the city, and who are endeavoring to escape and arrest them in such flight whereve they may be found in the State. Warrants. 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 Apply for Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act establishing a new charter for
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the City of Nashville, approved December 17, 1900 (Ga. L. 1900, p. 374), as amended, so as to change the provisions relating to the City of Nashville Police Court and the selection of a presiding officer thereof and the method of setting the compensation to be received by the Mayor and City Councilmen from year to year; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. This 23rd day of January, 1973. Mayor and Council of City of Nashville, Georgia 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 123rd 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 25, February 1, 8, 1973. /s/ Grover C. Patten Representative, 123rd District Sworn to and subscribed before me this 1st day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Georgia, Berrien County: Before me, the undersigned attesting officer authorized by law to administer oaths, this day personally appeared S. T. Hamilton, who, being first duly sworn according to
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law, says that he is the editor for The Berrien Press; that The Berrien Press is the newspaper in which the Sheriff's advertisements are published in Berrien County, Georgia, and that the notice of intention to apply for local legislation, of which the annexed is a true copy, was published in said paper on the 25th day of January, and the 1st and 8th days of February, 1973. /s/ S. T. Hamilton, Editor Sworn to and subscribed before me this 27 day of February, 1973. /s/ Clarice C. Roberts Notary Public, Georgia State at Large. My Commission Expires June 23, 1976. (Seal). Approved April 17, 1973. CITY OF HOGANSVILLECHARTER AMENDEDBOARD OF EDUCATIONELECTION OF MEMBERS PROVIDED, ETC. No. 624 (House Bill No. 1052). 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. 1505), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827), an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), an Act approved February 13, 1962 (Ga. L. 1962, p. 2088), an Act approved March 31, 1971 (Ga. L. 1971, p. 2801), and an Act approved March 27, 1972 Ga. L. 1972, p. 2415), so as to provide that a candidate for the Board of Education must run for a particular seat on said Board, and that any candidate for the Board of Education must get a majority of the votes cast for the seat which such candidate is seeking in order to be
Page 3448
elected to the Board of Education; 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 in the County of Troup, approved March 12, 1941 (Ga. L. 1941, p. 1505), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827), an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), an Act approved February 13, 1962 (Ga. L. 1962, p. 2088), an Act approved March 31, 1971 (Ga. L. 1971, p. 2801), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2415), is hereby amended by striking section 73 in its entirety and inserting in lieu thereof a new section 73 to read as follows: Section 73. The Hogansville School System shall be and remain as now provided by the laws incorporating the same and the school system shall, through its Commissioners and/or Board of Education exercise and have all the rights, powers and authority previously conferred upon it, by the Constitution and Laws of Georgia, and the Acts providing therefor, and shall, in like manner, be subject to all the responsibilities, restrictions and liabilities as are imposed by law. A candidate for the Board of Education shall run for a particular seat, presently held or for some reason vacated by a particular person on the Board of Education, and no candidate shall be nominated for said Board in any primary or elected to said Board in any election unless such candidate shall have received a majority of the votes cast to fill the seat the candidate has offered for on the Board of Education. The Acts providing for the election of School Commissioners, term of office, duties, and liabilities, and regulating and incorporating said school system are in no way changed, except as provided in this Act; provided the method of election for members of the Board of Education as provided herein shall go into effect on June 1, 1973. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced at the 1973 Regular Session of the General Assembly of Georgia to amend the charter of the City of Hogansville so as to require a candidate for the Board of Education, Hogansville Georgia School System to run for a particular seat on said Board and to receive a majority of the votes cast for the seat which the candidate is seeking. This the 5th day of February 1973. Mayor Council of Hogansville By James R. Lewis City Attorney Georgia, Troup County. Personally before the undersigned officer, duly authorized to administer oaths, appeared Glen O. Long who, on oath deposes and says that he is Publisher of The LaGrange Daily News, the newspaper in which Sheriff's advertisements of Troup County, Georgia are published; that the attached Notice of Intention to Introduce Local Legislation was duly published in said newspaper on the dates of February 9, 16 and 23, 1973. /s/ Glen O. Long, Publisher, LaGrange Daily News Sworn to and subscribed before me on this the 24 day of February, 1973. /s/ Katherine M. Nelson, Notary Public, Troup County, Georgia My Commission Expires March 2, 1973. (Seal). Approved April 17, 1973.
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CITY OF HOGANSVILLECHARTER AMENDEDELECTION OF CITY OFFICIALS PROVIDED, ETC. No. 625 (House Bill No. 1053). 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. 1505), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827), an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), an Act approved February 13, 1962 (Ga. L. 1962, p. 2088), an Act approved March 31, 1971 (Ga. L. 1971, p. 2801), and an Act approved March 27, 1972 (Ga. L. 1972, p. 2415), so as to provide that a candidate for Mayor or City Council must receive a majority of the votes cast to fill such public office; 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 in the County of Troup, approved March 12, 1941 (Ga. L. 1941, p. 1505), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2827), an Act approved March 6, 1956 (Ga. L. 1956, p. 3078), an Act approved February 13, 1962 (Ga. L. 1962, p. 2088), an Act approved March 31, 1971 (Ga. L. 1971, p. 2801), and an Act approved March 27, 1972 (Ga. L. 1972, 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. Beginning with the year 1941, an election shall be held in said city on the first Wednesday in December. On the first Wednesday in December 1941, three Councilmen shall be elected who shall serve from the first Monday in January 1942 until the first Monday in January 1944 and until their successors are elected and qualified. On the first Wednesday in December 1942, a Mayor and two Councilmen shall be elected who shall serve from the first Monday in January 1943 until the first Monday in
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January 1945 and until their successors are elected and qualified. On the first Wednesday in December 1941 and biennially thereafter, three Councilmen shall be elected whose terms of office shall be two years from the first Monday in January following their election. On the first Wednesday in December 1942 and biennially thereafter, a Mayor and two Councilmen shall be elected whose terms of office shall be two years from the first Monday in January following their election. No candidate for Mayor or City Council shall be nominated for such public office in any primary or elected to such public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. Election. 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. All elections in which any subject or question is submitted to the qualified voters of said City of Hogansville shall be superintended and managed by a justice of the peace, or some other judicial officer, and two freeholders who are citizens of said city and own real estate therein, or by three freeholders, all of whom are citizens of said city and own real estate therein, and each of said managers, before entering on 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: Same, management. `We and each of us do swear that we will faithfully and impartially conduct this election and prevent all illegal voting, to the best of our skill and power, so help us God.' Said managers shall keep, or cause to be kept, two lists of voters and two tally sheets. All elections shall be held at the City Hall in said city, and the voting shall be by ballot. The managers of all elections held under the provisions of this charter shall be appointed by the Mayor and Council. The Mayor and Council shall determine and provide for the
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pay of managers, and of any clerks that may be necessary in holding elections. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced at the 1973 Regular Session of the General Assembly of Georgia to amend the charter of the City of Hogansville so as to require to a candidate for Mayor or City Council of Hogansville to receive a majority of the votes cast to fill such position. This the 5th day of February 1973. Mayor Council of Hogansville By James R. Lewis City Attorney Georgia, Troup County. Personally before the undersigned officer, duly authorized to administer oaths, appeared Glen O. Long, who, on oath, deposes and says that he is Publisher of The LaGrange Daily News, the newspaper in which Sheriff's advertisements of Troup County, Georgia are published; that the attached Notice of Intention to Introduce Local Legislation was duly published in said newspaper on the dates of February 9, February 16 and February 23, 1973. /s/ Glen O. Long, Publisher LaGrange Daily News Sworn to and subscribed before me this the 24 day of February, 1973. /s/ Katherine M. Nelson Notary Public, Troup County, Georgia My Commission expires March 2, 1973. (Seal). Approved April 17, 1973.
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CLINCH COUNTYCOMPENSATION OF DEPUTY SHERIFFS CHANGED. No. 626 (House Bill No. 1055). An Act to amend an Act placing the Sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2897), as amended by an Act approved April 4, 1967 (Ga. L. 1967, p. 2570), an Act approved March 27, 1968 (Ga. L. 1968, p. 2890), and an Act approved March 14, 1969 (Ga. L. 1969, p. 2216), so as to change the provisions relating to the compensation of the deputies and the part-time deputy; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Clinch County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2897), as amended by an Act approved April 4, 1967 (Ga. L. 1967, p. 2570), an Act approved March 27, 1968 (Ga. L. 1968, p. 2890), and an Act approved March 14, 1969 (Ga. L. 1969, p. 2216), is hereby amended by striking section 8 in its entirety and substituting in lieu thereof a new section 8, to read as follows: Section 8. The sheriff is hereby authorized to appoint two deputy sheriffs and one part-time deputy sheriff to assist him in the performance of his duties and such deputy sheriffs and part-time deputy sheriff shall serve at the pleasure of the sheriff. Each of the two deputy sheriffs shall receive an annual salary of not more than $6,600.00. The part-time deputy sheriff shall receive an annual salary of not more than $1,200.00. The sheriff shall be authorized to fix the salary of the deputies and part-time deputy within said limit and when so fixed by the sheriff, said salaries shall be payable in equal monthly installments from the funds of Clinch County. Deputies.
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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 1973 Session of the General Assembly of Georgia a bill to increase the salaries of the Deputy Sheriffs of Clinch County; to repeal conflicting laws; and for other purposes. This the 7th day of Feb., 1973. Ottis Sweat, Jr. Representative, 125th District Frank Eldridge, Senator, 7th District. Georgia, Clinch County. Personally appeared before me, a Notary Public within and for above State and County, Iverson H. Huxford who, on oath, deposes and says that he is the publisher of the Clinch County News which is the official organ of Clinch County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: Feb. 9, Feb. 16, Feb. 23, 1973. /s/ Iverson H. Huxford Publisher Sworn to and subscribed before me this 23rd day of February, 1973. /s/ Johnny F. Allen Notary Public, Clinch County, Ga. My Commission Expires June 28, 1974. (Seal). Approved April 17, 1973.
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CITY OF GRIFFINCHARTER AMENDEDSTREET PROVISIONS CHANGED. No. 627 (House Bill No. 1061). An Act to amend the charter of the City of Griffin, Georgia, so as to change the provisions relative to laying out and opening streets and widening streets; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The charter of the City of Griffin, Georgia, is hereby amended by striking subsection (24) of section 5.3 in its entirety and substituting in lieu thereof a new subsection (24) to read as follows: (24) To condemn property for the purpose of laying out new streets and alleys, and for widening, straightening, or grading, or in any way changing the street lines and sidewalks of 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 the application for passage of local legislation at the February session 1973 of the General Assembly of Georgia will be made in order to amend the charter of the City of Griffin, as amended, to: Change the provisions relative to laying out and opening streets and widening streets; to repeal conflicting ordinances and for other purposes. This January 25, 1973. /s/ Roy L. Inman, City Manager City of Griffin
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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 67th 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: January 27, February 2, 9, 1973. /s/ Clayton Brown, Jr. Representative, 67th District Sworn to and subscribed before me this 1st day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. McDUFFIE COUNTY SMALL CLAIMS COURTCERTAIN COSTS CHANGED. No. 628 (House Bill No. 1062). An Act to amend an Act creating the McDuffie County Small Claims Court, approved February 27, 1970 (Ga. L. 1970, p. 2187), so as to change certain of the costs prescribed for various proceedings in 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 McDuffie County Small Claims Court, approved February 27, 1970 (Ga. L. 1970,
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p. 2187), is hereby amended by striking from section 8, wherever they shall appear, the following words and figures: seven dollars and fifty cents ($7.50) and $7.50, and substituting in lieu thereof the following: $8.50, respectively, so that when so amended, section 8 shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $8.50, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $8.50. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court cost, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court, and the judge shall be entitled to $8.50 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. All attachment proceedings shall also be tried by the judge and without a jury. Section 2. Said Act is further amended by adding at the end of section 22 the following: The costs for garnishment proceedings shall be $8.50., so that when so amended, section 22 shall read as follows:
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Section 22. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a Small Claims Court bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a property signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by the United States postal authorities marked `refused', giving the date of refusal and be signed or initialed by a United States post office employee or United States mail carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. The costs for garnishment proceedings shall be $8.50. Garnishments. Section 3. Said Act is further amended by striking from section 24 the following: five dollars, and substituting in lieu thereof the following: $10.00, so that when so amended, section 24 shall read as follows: Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $10.00, plus a reasonable amount for drayage to be determined by the Small Claims Court judge. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five
Page 3459
percent (5%) on all sums over that amount, with a minimum of five dollars. Fees. 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 1973 session of the General Assembly of Georgia, a bill to change certain of the costs and fees relative to the Small Claims Court of McDuffie County; and for other purposes. This 19th day of January, 1973. Preston Lewis Representative, 77th District Glenn Phillips Representative, 73rd District J. Roy McCracken Representative, 77th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to adminisher oaths, Preston B. Lewis, Jr. who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following dates: January 25, February 1, 8, 1973. /s/ Preston B. Lewis, Jr. Representative, 77th District
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Sworn to and subscribed before me this 1st day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. PIKE COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED. No. 629 (House Bill No. 1080). An Act to amend an Act fixing the compensation of the Tax Commissioner of Pike County, Georgia, approved March 13, 1970, (Ga. L. 1967, p. 2795), so as to change the compensation of Tax Commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the salary of Tax Commissioner of Pike County, approved March 13, 1970, (Ga. L. 1967, p. 2795), is hereby amended by striking from section 3 the following: $8,000.00, and substituting in lieu thereof the following: $8,600.00, so that when so amended, section 3 shall read as follows: Section 3. The Tax Commissioner shall receive for his services as such, an annual salary of $8,600.00, payable in equal monthly installments from the funds of Pike County. Salary.
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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, 1973 session of the General Assembly of Georgia a bill to amend the Act creating the County of Pike to increase the compensation of the Tax Commissioner of Pike County and for other purposes. This 2 day of January, 1973. /s/ Marvin Adams Representative, District 74 Post 1 Be it resolved that the Commissioners of Roads and Revenues of Pike County, Georgia, at the regular meeting of the Commissioners on January 10, 1973, do hereby unanimously adopt the within proposed act increasing the salary of the Tax Commissioner of Pike County, and do further request that our Representatives introduce the same in the General Assembly of the 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 10th day of January, 1973, and said resolution is now in full force and effect and has not been modified or rescinded in any way. This 11th day of January, 1973. /s/ Annie Rea Rawlins, Clerk Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1973 session of the General Assembly of
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Georgia a bill to amend the Act creating the County of Pike to increase the compensation of the Tax Commissioner of Pike County and for other purposes. This 2nd day of January, 1973. Marvin Adams Representative, District 74 Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath disposes 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 Pike County Journal which is the official organ of Pike County, on the following dates: January 4, 11, 18, 1973. /s/ Marvin Adams Representative, 74th District Post 1 Sworn to and subscribed before me this March 1, 1973. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. PIKE COUNTYBOARD OF COMMISSIONERSCOMPENSATION OF MEMBERS CHANGED, ETC. No. 630 (House Bill No. 1081). An Act to amend an Act fixing the salary for the Chairman of Commissioners of Roads and Revenues and the
Page 3463
Commissioners of Roads and Revenues of Pike County, Georgia, approved March 2, 1966, (Ga. L. 1966, p. 2821), so as to increase the compensation of the Chairman of Commissioners and the Commissioners of Roads and Revenue; 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 Chairman of Commissioners of Roads and Revenue and the Commissioners of Roads and Revenue of Pike County, Georgia, approved March 2, 1966 (Ga. L. 1966, p. 2821), is hereby amended by striking from section 1 the following: $1200.00 per annum and the Chairman shall receive $1800.00, and substituting in lieu thereof the following: $1800.00 per annum and the Chairman shall receive $2400.00, 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 the authority of same that on and after the passage of this Act the salaries of commissioners of roads and revenues of Pike County, Georgia, except for the Chairman, shall be $1800.00 per annum and the Chairman shall receive $2400.00 per annum, payable in equal, monthly installments from the treasury of the County. Salaries. 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 1973 Session of the General Assembly of Georgia a Bill to amend the Act creating the County of Pike to
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increase the compensation of the Chairman of the Board of Commissioners of Roads and Revenue of Pike County; to increase the compensation of the other members of the Board of Commissioners of Roads and Revenue of Pike County; and for other purposes. This 2nd day of January, 1973. /s/ Marvin Adams Representative, District 24 Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, 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 Pike County Journal which is the official organ of Pike County, on the following dates: January 4; 11, 18, 1973. /s/ Marvin Adams Representative, 74th District, Post 1 Sworn to and subscribed before me this March 1, 1973. /s/ Susan Gordon Notary Pubic, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Be it resolved that the Commissioners of Roads and Revenues of Pike County, Georgia, at the regular meeting of the Commissioners on January 10, 1973, do hereby unanimously adopt the within proposed act increasing the salary of the County Commissioners of Pike County, and
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do further request that our Representatives introduce the same in the General Assembly of the 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 10th day of January, 1973, and said resolution is now in full force and effect and has not been modified or rescinded in any way. This 11th day of January, 1973. /s/ Annie Rea Rawlins, Clerk Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1973 Session of the General Assembly of Georgia a Bill to amend the Act creating the County of Pike to increase the compensation of the Chairman of the Board of Commissioners of Roads and Revenues of Pike County; to increase the compensation of the other members of the Board of Commissioners of Roads and Revenue of Pike County; and for other purposes. This 2 day of January, 1973. /s/ Marvin Adams Representative, District 74 Post 1 Approved April 17, 1973. CITY OF GRANTVILLECHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 631 (House Bill No. 1091). An Act to amend an Act incorporating the City of Grantville, approved August 1, 1912 (Ga. L. 1912, p. 925), as amended, so as to change the corporate limits of said city;
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to provide for restrictions upon land-use of the area added to the municipal limits; 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 Grantville, approved August 1, 1912 (Ga. L. 1912, p. 925), as amended, is hereby amended by adding between Section 2 and section 3 a new section, to be known as section 2A, to read as follows: Section 2A. In addition to the area provided for above, the corporate limits of the City of Grantville shall embrace the following tract of land: Begin at the point of intersection of the existing City Limits Line with the South line of Land Lot 269 and from said beginning point run thence Westerly along the South line of Land Lot 269, 270, and 271 to the West line of Land Lot 271; thence Northerly to the Northwest corner of Land Lot 271; thence Easterly along the North line of Land Lot 271 to the East line of Land Lot 271; thence Northerly along the East line of Land Lot 242 to the North line of Land Lot 242; thence Westerly along the North line of Land Lot 242 to the West line of Land Lot 242; thence northerly along the West line of Land Lot 239 to the Northwest corner of Land Lot 239; thence Easterly along the North line of Land Lots 239, 238, 237, and 236, to the Northeast corner of property owned by Hall in Land Lot 236; thence Southerly along the East line of the property of Hall 1000 feet; thence Westerly on a line parallel with the North line of Land Lot 236 to the West line of Land Lot 235; thence Northerly along the West line of Land Lot 235 to the North line of Land Lot 235; thence Easterly along the North line of Land Lot 235, 234, and 233, to the Northeast corner of Land Lot 233; thence Southerly along the East line of Land Lot 233 to the South line of Land Lot 233; thence Westerly along the South line of Land Lot 233 to the West line of Land Lot 233; thence Southerly along the West line of Land Lot 247 to the Southeast corner of Land Lot 247; thence Westerly along the South line of Land Lot 247 and 246, to the Southwest corner of Land
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Lot 246; thence Southerly along the East line of Land Lot 268 to the property of Jeter; thence Westerly along the property line of Jeter to the existing City Limits line; thence Southwesterly along the existing City Limits line to property of Maynard Jeter; thence Easterly 420 feet to the Northeast corner of property of Maynard Jeter; thence Southeasterly along the property of Maynard Jeter, 420 feet; thence Westerly along the South line of the property of Maynard Jeter, to the Right of Way of a County road; thence Northwesterly along the Right of Way of said County road 420 feet, more or less, to the Northwest corner of the property of Maynard Jeter and the existing City Limits of the City of Grantville. The land-use restrictions in effect on January 1, 1973, for the above tract of land provided for by the governing authority of Coweta County shall remain in effect for said tract until such time as the City of Grantville shall adopt a comprehensive land-use and zoning plan, and thereby provide for other or different land-use within said tract. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention To Introduce Legislation. There will be introduced in the 1973 Session of the General Assembly of the State of Georgia, a bill to amend the Charter of the City of Grantville, Georgia, so as to redefine the city limits of said city and for other matters pertaining thereto. This 26th day of January, 1973. City of Grantville, J. B. Wiles, Mayor. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duy authorized to administer oaths, Nathan G. Knight, who, on oath, deposes and says that he is Representative
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from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Herald which is the official organ of Coweta County, on the following dates: February 8, 15, 22, 1973. /s/ Nathan G. Knight Representative, 65th District Sworn to and subscribed before me this 7th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF CENTERVILLECHARTER AMENDEDCORPORATE LIMITS DEFINED. No. 632 (House Bill No. 1111). An Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, so as to define the corporate limits; 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 section 2 and section 2A in their entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. The corporate limits of said municipality shall extend over that territory embraced within the following description:
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Beginning at a point on the northerly boundary of Watson Boulevard where the westerly boundary of Margie Drive intersects therewith; thence in a northerly direction along the westerly boundary of Margie Drive to a point where the southerly boundary of West Church Street intersects therewith; thence continue in the same northerly direction to the southwest corner of Land Lot 112 of the Fifth (5th) Land District of Houston County, Georgia; thence continuing in a northerly direction along the westerly line of said Land Lot 112 to a point where the south-westerly boundary of Houston Lake Boulevard intersects therewith; thence continuing in a generally northerly direction along the westerly boundary of Houston Lake Boulevard to a point where the northerly line of Gunn property intersects therewith; thence in a westerly direction along the northerly line of said Gunn property for a distance of 1600 feet to a point; thence in a northerly direction parallel to Houston Lake Boulevard to a point 1000 feet northerly of the northerly boundary of Thomson Street; thence in an easterly direction parallel with said Thomson Street to a point on the westerly boundary of Houston Lake Boulevard; thence in a southerly direction along the westerly boundary of Houston Lake Boulevard to a point where the northerly line of Land Lot 112 (if extended in a westerly direction) would intersect therewith; thence in an easterly direction along said line to a point on the westerly boundary of Holt Road; thence continuing in an easterly direction across said road to a point on the easterly boundary of Holt Road; thence in a southerly direction along the easterly boundary of Holt Road for a distance of 55 feet to a point; thence north 74 25[prime] 30[Prime] east for a distance of 1017.78 feet to a point; thence S 82 40[prime] 30[Prime] east for a distance of 425.61 feet to a point; thence S 72 46[prime] east for a distance of 914.67 feet to a point; thence north 0 45[prime] east for a distance of 151.55 feet to a point; thence north 89 19[prime] east for 585.25 feet to a point; thence north 0 42[prime] east for 1444.25 feet to a point; thence north 89 18[prime] west for 789.6 feet to a point; thence north 0 03[prime] east for 1526.8 feet to a point; thence due west for 630 feet to a point; thence north 1 40[prime] east for 403 feet to a point; thence north 2 43[prime] east for 94.6 feet to a point; thence north 3 00[prime] west for 221.4 feet to a point; thence
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south 89 19[prime] east to the west line of the right of way of Scarborough Road; thence north 1 47[prime] east along the westerly boundary of Scarborough Road for a distance of 692 feet to a point; thence north 89 41[prime] east to a point on the westerly right of way of Bateman Road; thence south 0 53[prime] west along the westerly boundary of said road for 4437 feet to a point where the northerly boundary of Elberta Road intersects therewith; thence in a generally southwesterly direction along the northwesterly boundary of Elberta Road for a distance of 3965.05 feet to a point being the southwest corner of Frances B. Grove property; thence north 0 45[prime] east for a distance of 1293.51 feet to a point; thence north 72 46[prime] west for a distance of 925.13 feet to a point; thence north 82 40[prime] 30[Prime] west for a distance of 411.15 feet to a point; thence south 74 25[prime] 30[Prime] west for a distance of 1021.58 feet to a point on the easterly boundary of Holt Road; thence in a southerly direction along the easterly boundary of Holt Road to a point where the southerly boundary of Elberta Road intersects therewith; thence in an easterly direction along the easterly boundary of Elberta Road for a distance of 984.04 feet to a point; thence south 0 33[prime] 20[Prime] west for a distance of 450.55 feet to a point; thence south 89 30[prime] west for 369.9 feet to a point, said point being 700 feet easterly of the easterly boundary of Collins Avenue; thence in a southerly direction to the northerly corner common to now or formerly E. D. Leverett property and Tower, Inc. property (formerly H. F. Jackson property); thence continuing in a southerly direction along said property line to a point on the northerly boundary of Watson Boulevard; thence in a westerly direction along the northerly boundary of Watson Boulevard to a point where the westerly boundary of Margie Drive intersects therewith, said point being the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia,
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a bill to amend an Act creating a charter for the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended; to define said limits of said city, and for other purposes. This 2nd day of January, 1973. R. T. Spencer as City Attorney for Centerville, 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, Intent to Introduce Local Legislation, City of Centerville, was published in The Houston Home Journal on the following dates: January 4, 11, 18, 1973. This 19 day of January, 1973. /s/ Bobby Branch, Publisher, Houston Home Journal, Perry, Georgia Sworn to and subscribed before me this 19 day of January, 1973. /s/ Janice E. Colwell Notary Public, Houston County. My Commission Expires March 7, 1976. (Seal). Approved April 17, 1973. CITY OF MARIETTACHARTER AMENDEDQUALIFICATIONS FOR HOLDING OFFICE CHANGED, ETC. No. 633 (House Bill No. 1117). An Act to amend an Act providing for a new charter for the City of Marietta, Georgia, approved August 15, 1904 (Ga.
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L. 1904, p. 519), as amended, so as to remove the requirement that candidates for mayor and council be freeholders of the City of Marietta; to provide additional qualifications for holding elective office; to change the corporate limits of said city; to provide for severability; 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, is hereby amended by striking from section 3 the following: Certificates of election shall be recorded by the clerk of the city council upon the book of minutes or other book kept for such purpose. The mayor and city council, in their discretion, may authorize a poll for each city ward for any election. The record aforesaid shall be evidence of the result of the said election, and the authority of those elected to act. No person shall be allowed to vote in said elections except to be eligible under the provisions of the Constitution of the State of Georgia to vote for the members of the General Assembly, and unless he shall have bona fide and continuously resided in said city as a citizen thereof for six months next preceding said election at which he offers to vote, and shall have registered for said election as provided for in the charter of Marietta. Any person voting at such election in violation of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. The mayor shall be elected by the voters of the entire city and this shall apply to all primary, general and special elections. The mayor and all members of council shall serve for terms of four years. Neither the person serving as mayor nor any person serving as a member of council shall be eligible to serve as city manager during the term for which any such person is elected mayor or member of council. In order to be eligible to serve as mayor or as a member of council a person must be a freeholder of the city., and by inserting in lieu thereof the following:
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Certificates of election shall be recorded by the clerk of the city council upon the book of minutes or other book kept for such purposes. The mayor and city council, in their discretion, may authorize a poll for each city ward for any election. The record aforesaid shall be evidence of the result of the said election and the authority of those elected to act. No person shall be allowed to vote in said elections unless he be eligible under the provisions of the Constitution of the State of Georgia to vote for the members of the General Assembly, and shall have registered for said election as provided for in the charter of Marietta. Any person voting at such election in violation of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. The mayor shall be elected by the voters of the entire city and this shall apply to all primary, general and special elections. The mayor and all members of council shall serve for terms of four years. Neither the person serving as mayor nor any person serving as a member of council shall be eligible to serve as city manager during the term for which any such person is elected mayor or member of council. Any person who is eligible to vote in the City of Marietta may qualify to run for any elective office in the City of Marietta., so that when so amended, section 3 shall read as follows: Section 3. The present mayor and councilmen of the City of Marietta shall continue in office during the terms for which they were elected, and on the second Wednesday in October, 1965, and every four years on said day thereafter an election shall be held in said city for a mayor and seven councilmen. Said election shall be held by a justice of the peace, or ex officio justice of the peace, and two freeholders of said city, or by three freeholders of said city; but no person who is a candidate for office at said election shall act as a manager, or clerk, thereof. No candidate shall be nominated for the office of councilman or mayor in any primary or elected to any such office in any election unless the candidate shall have received a majority of the votes cast to fill such nomination or office. Certificates of election shall be recorded by the clerk of the city council upon the book of minutes or other book kept for such purposes.
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The mayor and city council, in their discretion, may authorize a poll for each city ward for any election. The record aforesaid shall be evidence of the result of the said election and the authority of those elected to act. No person shall be allowed to vote in said elections unless he be eligible under the provisions of the Constitution of the State of Georgia to vote for the members of the General Assembly, and shall have registered for said election as provided for in the charter of Marietta. Any person voting at such election in violation of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor. The mayor shall be elected by the voters of the entire city and this shall apply to all primary, general and special elections. The mayor and all members of council shall serve for terms of four years. Neither the person serving as mayor nor any person serving as a member of council shall be eligible to serve as city manager during the term for which any such person is elected mayor or member of council. Any person who is eligible to vote in the City of Marietta may qualify to run for any elective office in the City of Marietta. Elections. Section 2. Said Act is further amended by adding after section 2-L a new section, to be designated as section 2-M, to read as follows: Section 2-M. In addition to that territory presently embraced within the corporate limits of the City of Marietta, the following tracts of land shall be included within the corporate limits of said city: Tract 1. All that tract or parcel of land lying and being in Land Lot 1068, 16th District, 2nd Section, Cobb County, Georgia, and being a portion of the property (set aside to Paul E. Howard in a suit for partitioning in the Cobb Superior Court being Suit No. 3268) and being shown on a plat by J. P. Phillips, Surveyor, dated July 25, 1957, and a copy of which is recorded in Plat Book 16, Page 103, Cobb County Records, more particularly described as follows: Beginning at an iron pin marking the southeast corner of said Land Lot 1068; run thence north 42 degrees 08 minutes
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west for a distance of 265.3 feet to an iron pin, point and corner on the southeasterly side of Bankston Road; run thence northeasterly along the southeasterly side of Bankston Road at an interior angle of 102 degrees 49 minutes for a distance of 129.7 feet to a point; thence continuing northeasterly at an interior angle of 196 degrees 58 minutes along the southeasterly side of Bankston Road for a distance of 240.5 feet to an iron pin, point and corner; thence easterly at an interior angle of 109 degrees 45 minutes for a distance of 15 feet to the east line of said Land Lot 1068; thence south 1 degree 40 minutes east along the east line of said Land Lot 1068 for a distance of 535 feet to the iron pin at the southeast corner of said land lot and the point of beginning. Tract 2. All that tract or parcel of land lying and being in Land Lot 1153, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described in plat by A. O. Carlile, registered surveyor, dated 12-21-71: Beginning at an iron pin, said pin being located 231.0 feet to center of Mountain View Ridge Drive; thence south 89 degrees 08 minutes west a distance of 199.8 feet to an iron pin; thence south 89 degrees 40 minutes west a distance of 121.3 feet to an iron pin; thence north 0 degrees 34.54 minutes east along Mountain Ridge Drive 263.9 feet to a point; thence continuing along Mountain View Ridge Drive 6 degrees 21 minutes west a distance of 260.0 feet to an iron pin; thence north 89 degrees 025 minutes west a distance of 202.38 feet to an iron pin; thence south 1 degree 07 minutes west a distance of 120.1 feet to a point; thence south 1 degree 02 minutes west a distance of 100 feet to an iron pin; thence north 89 degrees 42 minutes east 175.6 feet to an iron pin on the right of way on Mountain View Road; thence south 1 degree 00 minutes west 125.0 feet to an iron pin stake; thence south 8 degrees 03 minutes west a distance to 179.0 feet to point of beginning. Said property containing 3.3 acres. Tract 3. All that tract or parcel of land lying and being in Land Lot 1226, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:
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Beginning at a point on the south side of Marietta-Dallas Highway at the northwest corner of the Henry Manning (formerly H. S. Manning) property; thence south along the east side of said Manning property, a distance of 175 feet; thence east a distance of 65 feet; thence north a distance of 175 feet; thence west along the south side of said Marietta-Dallas Highway a distance of 65 feet to the point of beginning. Tract 4. All that tract or parcel of land lying and being in Land Lots 726 and 787, 17th District, 2nd Section, Cobb County, Georgia, being 4.2471 acres as per survey for Ramco Inns of Georgia, Inc. by Ernest L. Boggus dated May 26, 1970 and recorded in plat book 49, p. 113, Records of Cobb County, Georgia and being more particularly described as follows: Beginning at an iron pin on the northerly right of way of Delk Road one thousand nineteen and forty-eight hundreths (1,019.48) feet easterly, as measured along the northerly right of way of Delk Road from the point and corner formed by the northerly right of way of Delk Road and the easterly right of way of Franklin Road; thence north 88 degrees 33 minutes east along the northerly right of way of Delk Road a distance of two hundred seventy-four and fifty-five hundreths (274.55) feet to a concrete monument; thence south 89 degrees 26 minutes east along the northerly right of way of Delk Road a distance of one hundred fifty-five and one tenth (155.1) feet to an iron pin; thence north 0 degrees 31 minutes east a distance of forty-five (45) feet to a point and corner; thence south 89 degrees 26 minutes east a distance of twenty-five (25) feet to an iron pin and corner; thence south 0 degrees 31 minutes a distance of forty-five (45) feet to an iron pin situated on the northerly right of way of Delk Road; thence south 89 degrees 26 minutes east a distance of forty-five (45) feet to a concrete monument situated on the southeasterly right of way of Interstate Highway No. 75; thence north 21 degrees 03 minutes west along the southwesterly right of way of Interstate Highway No. 75 a distance of one hundred seventy-six and seventy eight hundreths (176.78) feet to a concrete monument; thence 8 degrees 18 minutes west along the southwesterly right of way
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of Interstate Highway No. 75 a distance of two hundred sixty-three and twenty-five hundreths (263.25) feet to an iron pin and corner; thence south 88 degrees 33 minutes west a distance of four hundred eight and eight tenths (408.8) feet to an iron pin situated on the easterly side of Kingston Court; thence south 1 degree 27 minutes east a distance of four hundred twenty (420) feet to an iron pin on the north right of way line of Delk Road at the point of beginning. Tract 5. All that tract or parcel of land lying and being in Land Lots 786 and 799, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a concrete monument at the intersection of the southerly side of Delk Road with the northerly side of Interstate Highway No. 75 (Project No. I-75-3 (21) 273); thence south 88 degrees 42 minutes east along the right of way of Delk Road 188.5 feet to a concrete monument; thence north 80 degrees 28 minutes east and continuing along said right of way 152.4 feet to a concrete monument and the end of limited access; thence continuing along said right of way north 88 degrees 25 minutes east 49.75 feet to an iron pin; thence south 1 degree 0 minutes west 200 feet to an iron pin; thence south 89 degrees 0 minutes east 300 feet to an iron pin; thence south 29 degrees 25 minutes west 591.57 feet to a point on the northeast side of Interstate Highway No. 75; thence north 30 degrees 37 minutes west and along the right of way of said Highway 163.1 feet to a concrete monument; thence north 30 degrees 04 minutes west and along said right of way of said Highway 365.5 feet to a concrete monument; thence north 27 degrees 57 minutes west along the right of way of said Highway 271.3 feet to the concrete monument at the point of beginning. Tract 6. All that tract or parcel of land lying and being in original Land Lot 927, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point on the southeasterly side of Canton Road where said road is intersected by the northeasterly
Page 3478
line of property now or formerly belonging to Cogburn and running thence south 35 degrees 20 minutes east along said Cogburn property for a distance of 251 feet to the northwesterly side of the Louisville and Nashville Railroad; thence northeasterly along the said Louisville and Nashville Railroad right of way for a distance of 241 feet to the property now or formerly owned by N. C. Richards; thence north 46 degrees 30 minutes west along the Richards property a distance of 310 feet to the southeasterly side of said Canton Road; thence south 45 degrees west along said road for a distance of 186 feet to the point of beginning. Tract 7. All that tract or parcel of land lying and being in Land Lots 1017 and 1072, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows, being a tract of three (3) acres, more or less: Beginning at a point on the southwesterly side of Four Lane Highway (U.S. 41-E) thirteen hundred twenty-two (1322) feet northwesterly from the center line of Allgood Road, as measured along the southwestern side of said Four Lane Highway; running thence northwesterly along the southwesterly side of said Four Lane Highway three hundred fifty-five (355) feet to the property line of said property now or formerly owned by Glenn F. Holcomb; thence southwesterly forming an interior angle with the last described line of 113 degrees a distance of three hundred thirty (330) feet to a point; thence in a southeasterly direction forming an interior angle of sixty eight degrees twenty seven minutes with the last described line a distance of four hundred eighty-five (485) feet; and thence in a northeasterly direction forming an interior angle of eighty eight degrees thirty minutes with the last described line a distance of three hundred fifteen (315) feet to the point of beginning, as shown by plat made for A. Cohen by J. P. Phillips, Surveyor on September 16, 1952, as recorded in Plat Book 1o, Page 89, Cobb County Records, and hereby referred to for further description, said property being known as Bell Motel, 831 North Four Lane Highway, Marietta, Ga.
Page 3479
Tract 8. All that tract or parcel of land lying and being in Land Lot 645, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin found at the northeast corner of said Land Lot 645 (being the corner common to said Land Lot 645 and Land Lots 646, 651 and 652; and running thence south 00 degrees 00 minutes east along the east line of said Land Lot 645) (being the west line of said Land Lot 652) a distance of 249.8 feet to an iron pin placed on the northeast line of the right of way of Franklin Road (an 80 foot right of way); thence running in a northwesterly direction along the northeast line of said right of way of Franklin Road and following the curvature thereof a distance of 398.9 feet to an iron pin placed; running thence north 00 degrees 16 minutes west a distance of 160.9 feet to an iron pin found on the north line of said Land Lot 645 (being the south line of said Land Lot 646); running thence north 89 degrees 56 minutes 30 seconds east along the north line of said Land Lot 645 a distance of 352.4 feet to the iron pin found at the point of beginning, being 2,079 acres designated Tract 1 on a blue print of survey to which reference is made prepared by A. W. Browing, Georgia Registered Land Surveyor and dated October 29, 1969. Tract 9. All that tract or parcel of land lying and being in Land Lots 214 and 213, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the southeast right of way line of Powder Springs Road said point being 403.7 feet southwest of the westerly right of way line of Sandtown Road; thence running south 16 degrees 05 minutes east for a distance of 337.5 feet to a point; thence running south 68 degrees 00 minutes west for a distance of 73.5 feet to a point; thence running northwesterly for a distance of 317.5 feet to a point on the southeasterly right of way line of Powder Springs Road; thence running northeasterly along the southeasterly right of way line of Powder Springs Road for a distance of 75.0 feet to the point of beginning.
Page 3480
Tract 10. All that tract or parcel of land lying and being in Land Lot 327, 20th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point on the easterly side of Hardage Drive, 1567 feet northerly from the intersection formed by the northerly side of Marietta-Dallas Highway with the easterly side of Hardage Drive, as measured along the easterly side of Hardage Drive; and running thence northerly along the easterly side of Hardage Drive, 200 feet to a point; running thence easterly 451 feet to a point; running thence southerly 200 feet to a point; running thence westerly 451 feet to the easterly side of Hardage Drive and the point of beginning. Tract 11. All that tract or parcel of land lying and being in Land Lots 1226 and 1295, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at the common intersection of Land Lots 1226, 1227, 1294 and 1295 thence south along the west property line of Land Lot 1294 a distance of approximately 350 feet to the south property line of the Georgia-Marietta Company, Inc.; thence south 89 degrees 23 minutes west a distance of approximately 75 feet to an iron pin; thence north 4 degrees 03 minutes east a distance of 333.0 feet to an iron pin; thence north 89 degrees 40 minutes east a distance of 25.0 feet to an iron pin; thence north 0 degrees 20 minutes west a distance of 355.0 feet to an iron pin; thence north 88 degrees 45 minutes 30 seconds east a distance of approximately 30 feet to the west line of Land Lot 1227; thence south along the west line of Land Lot 1227 to the point of beginning, said parcel containing 0.74 acres. Tract 12. All that tract or parcel of land lying and being in Land Lot 1075, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point, to reach the point of beginning, commence at a point where the north right of way line of Lacy Street intersects the west right of way line of Campbell Hill
Page 3481
Street; thence running in a northerly direction along the west right of way line of Campbell Hill Street, for a distance of 755 feet to a point and corner of the property now or formerly owned by Henry D. Meaders; thence running in a westerly direction along the south property line of Henry D. Meaders for a distance of 300 feet to a point, said point being the point of beginning of the tract herein described; thence running in a westerly direction for a distance of 55 feet to a point; thence running in a northerly direction for a distance of 70 feet to a point; thence running in an easterly direction for a distance of 55 feet to a point; thence running in a southerly direction for a distance of 70 feet to the point of beginning. Tract 13. All that tract or parcel of land lying and being in Land Lots 507 and 574, 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point on the west right of way line of Marietta-Atlanta 4 Lane Highway (U.S. 41), said point being located 365 feet south of the intersection of the west right of way line of said Marietta-Atlanta Highway, and the south land lot line of Land Lot 575; thence running south 81 degrees 40 minutes west for a distance of 220 feet to a point and corner; thence running north 27 degrees 98 minutes west for a distance of 130.4 feet to a point and corner; thence running south 64 degrees 30 minutes west for a distance of 200 feet to a point and corner; thence running south 25 degrees 30 minutes east for a distance of 56.9 feet to a point and corner; thence running north 64 degrees 30 minutes east for a distance of 418 feet to a point on the west right of way line of Marietta-Atlanta Highway (U.S. 41); thence running north 25 degrees 30 minutes west along the west right of way line of Marietta-Atlanta Highway (U.S. 41) to the point of beginning. Tract 14. All that tract or parcel of land lying and being in Land Lot 1166, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows:
Page 3482
Beginning at the intersection of the south line and the west line of said land lot, at the common point of intersection of Land Lots 1166, 1165, 1212 and 1211; running thence north along the west line of said Land Lot, 1127.50 feet to a point; continuing thence easterly 1232.0 feet to a point on the westerly right of way of Interstate Highway No. 75; thence southeasterly and southerly along said westerly right of way of Interstate Highway No. 75, consecutive distances of 126.30 feet, 187.30 feet, 320.30 feet, and 87.6 feet to a point; thence westerly 360.1 feet to a point; thence southerly 397.5 feet to a point on the northwesterly right of way of Gresham Road; thence southwesterly along said northwesterly right of way of Gresham Road, 36.94 feet to a point; thence west along the south line of Land Lot 1166,945.2 feet to the point of beginning, being improved property containing 30.67 acres, per boundary line survey by Noel W. Cook, Surveyor, dated May 11, 1972, Revised May 16, 1972, Revised May 25, 1972. Tract 15. All that tract or parcel of land lying and being in Land Lot 1075, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: TO FIND THE POINT OF BEGINNING, commence at the corner formed by the intersection of the north side of Lacy Street at the west side of Campbell Hill Street; running thence north along the west side of Campbell Hill Street 662.5 feet to an iron pin; thence west 266.3 feet to an iron pin and the point of beginning: From said point of beginning running thence west 117.8 feet to a iron pin; thence south forming an interior angle of 88 degrees 23 minutes with the preceding course 34.4 feet to an iron pin; thence south 86 degrees 30 minutes west 207.6 feet to an iron pin; thence south 2 degrees 51 minutes east 359.5 feet to an iron pin; thence north 89 degrees 24 minutes east 316 feet to an iron pin; thence north 1 degree, 36 minutes west 407 feet to the iron pin at the point of beginning. Tract 16. All that tract or parcel of land lying and being in Land Lot 1075, 16th District, 2nd Section, Cobb County, Georgia and being part of Subdivided Lots No. 1 and No. 2, Lacy Estates Subdivision, as shown on plat of same recorded
Page 3483
in Deed Book V, Page 1, Cobb County Records, and being more particularly described as follows: Beginning at an iron pin on the north side of Lacy Street, which point is located 596 feet west from the intersection of the north side of Lacy Street with the west side of Campbell Hill St. (formerly known as Bells Ferry Road); and running thence west along the north side of Lacy Street for a distance of 120 feet to the southeast corner of property conveyed to Tumlin by deed dated August 12, 1954 and recorded in Deed Book 280, Page 420, Cobb County Records; thence running 1 degree 40 minutes west along the east line of said Tumlin property for a distance of 190 feet to the northwest corner of said Tumlin property; thence west along the north side of property heretofore conveyed to Tumlin, Hulsey and Williams and parallel with the north side of Lacy Street for a distance of 190 feet to the original west line of Lot No. 1, Lacy Estates Subdivision as shown on the above said plat of same; thence running north 1 degree 40 minutes west for a distance of 15.5 feet to an iron pin; thence running north 0 degrees 40 minutes east for a distance of 448.5 feet to an iron pin marking the southwest corner of property heretofore conveyed to R. E. Laird by deed recorded in Deed Book 176, Page 277, Cobb County Records; thence running south 89 degrees 20 minutes east along the south line of said Laird property for a distance of 303 feet to an iron pin and corner; thence running south 0 degrees 50 minutes east for a distance of 647 feet to the north side of Lacy Street and the point of beginning. Tract 17. All that tract or parcel of land lying and being in Land Lot 787, 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a pin on the north line of Land Lot 787, said beginning point being a distance of 502.3 feet north 88 degrees 15 minutes 000 seconds west from the corner common to Land Lots 787, 788, 798 and 797; running thence north 88 degrees 15 minutes 00 degrees west along said north land lot line a distance of 157.7 feet to the northeast corner of property now or formerly owned by J. T. Spinks; running thence south 01 degrees 51 minutes 00 seconds west along
Page 3484
the east line of said Spinks property a distance of 641.2 feet to a point on the northeast right of way line of limited access highway Interstate 75; running thence south 57 degrees 38 minutes 00 seconds east along said northeast right of way line of Interstate 75 a distance of 188.2 feet to an iron pin; running thence north 01 degrees 32 minutes 00 seconds east 737.6 feet to an iron pin on the north land lot line of Land Lot 787 and the point of beginning all according to a plat of survey for Consolidated Equities Corporation by Roger L. Cordes and Associates dated October 6, 1970, last revised August 10, 1971. Tract 18. 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 on the westerly side of the U. S. Highway No. 41 Four Lane a distance of 360 feet northwest as measured along the southeast side of the highway from the point where the south original line of said land lot intersects the southwest side of said highway; running thence westerly along the northerly side of said property owned by Mrs. Ethel L. Goodson 366 feet to an iron pin; thence running northwesterly 250 feet to an iron pin; thence running easterly along the property of Strother Ford, Inc. for a distance of 364.4 feet to an iron pin located on the southwest boundary of said highway; thence running southeasterly along the southwest side of said highway 294.6 feet to an iron pin and corner and the point of beginning. Tract 19. All that tract or parcel of land lying and being in Land Lot 1208, 16th District, 2nd Section, Cobb County, Georgia and being all of Lot No. 3 of the subdivision of the property of L. M. Harris, as shown on plat of same by J. P. Phillips, surveyor, dated January 31, 1950, and recorded in Plat Book 8, Page 198, Cobb County Records, and being more particularly described as follows: Beginning at an iron pin located on the southeasterly side of Marietta-Roswell Highway, which is 400 feet south of the intersection of the southeasterly side of said highway with the southwesterly side of Kipling Drive; and running
Page 3485
thence southeasterly 137.5 feet to a point and corner; running thence southwesterly 103.2 feet to a point and corner; running thence northerly 130 feet to a point and corner located on the southeasterly side of Marietta-Roswell Highway; running thence northeasterly 80 feet to a point and corner at the point of beginning. Tract 20. All that tract or parcel of land lying and being in Land Lot 214, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin where the proposed easterly right of way of Sandtown Road and the southerly right of way of Powder Springs Road (State Highway #5) intersects, running thence north 42 degrees 42 minutes east along the southerly right of way of Powder Springs Road (Georgia Highway #5), 121.73 feet to an iron pin; thence south 48 degrees 47 minutes east 100.00 feet to an iron pin; thence south 16 degrees 46 minutes west 150.90 feet to an iron pin on the north side of the proposed New Davis Circle; thence south 85 degrees 19 minutes west along the north side of the proposed New Davis Circle 100 feet to an iron pin on the east side of Sandtown Road; thence north 6 degrees 30 minutes west along the east side of Sandtown Road 129.96 feet to the iron pin at the point of beginning. Tract 21. All that tract or parcel of land lying and being in Land Lots 6, 5, 68, 67, and 77, 17th District, 2nd Section, Cobb County, Georgia as shown on plat of survey for J. H. Henderson, Jr. prepared by Mayes, Suddreth and Etheredge, Inc. dated September 15, 1971, revised October 12, 1972, recorded in Plat Book 56, Page 94, Cobb County Records and being more particularly described as follows: Beginning at an iron pin at the intersection of the northwesterly right of way of Powder Springs Road and the westerly line of Land Lot 67; running thence north 2 degrees 20 minutes 40 seconds east 162.84 feet along the westerly land lot line of Land Lot 67 to an iron pin; running thence north 39 degrees 43 minutes 12 seconds west 410.02 feet to an iron pin; running thence north 17 degrees 18 minutes 28 seconds west 283.79 feet to an iron pin; running thence north 02 degrees
Page 3486
13 minutes 24 seconds east 85.57 feet to an iron pin; running thence north 09 degrees 24 minutes 10 seconds west 302.02 feet to an iron pin on the southerly line of Land Lot 5; running thence south 89 degrees 17 minutes 07 seconds west 237.80 feet to an iron pin; running thence north 02 degrees 15 minutes 39 seconds east 1,317.91 feet to an iron pin on the northerly land lot line of Land Lot 5; running thence north 89 degrees 17 minutes 07 seconds east 85 feet to an iron pin on the southerly right of way of Chestnut Hill Road; running thence easterly following the curvature thereof 508.51 feet to an iron pin on the southerly right of way of said road; running thence north 89 degrees 17 minutes 07 seconds east 829.06 feet to an iron pin; running thence south 85 degrees 16 minutes 38 seconds east 330 feet to an iron pin on the southwesterly right of way of Hickory Drive said point being the common corner of Land Lots 68, 69, 76, and 77; running thence south 03 degrees 03 minutes 27 seconds west 768.8 feet to an iron pin; running thence south 29 degrees 18 minutes 13 seconds east 474.4 feet to an iron pin on the northwesterly right of way of Powder Springs Road; running thence southwesterly following the curvature thereof 2,050.69 feet to the point of beginning. Tract 22. All that tract or parcel of land lying and being in Land Lots 996, 1020, 1021, 1068, and 1069, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at the northeast corner of Land Lot 1068; thence running south 37 degrees 57 minutes 30 seconds west for a distance of 692.6 feet to a point; thence running south 37 degrees 46 minutes 20 seconds west for a distance of 278.9 feet to a point; thence running north 40 degrees 56 minutes 20 seconds west for a distance of 1,702.3 feet to a point; thence running in a northeasterly direction for a distance of 258 feet, more or less, to a point; thence running in a northwesterly direction for a distance of 80 feet, more or less, to a point; thence running in a northeasterly direction for a distance of 202.5 feet, more or less, to a point; thence running north 73 degrees 31 minutes east for a distance of 159.4 feet to a point; thence running north 56 degrees 24 minutes 15 seconds east for a distance of 635.5 feet to a
Page 3487
point; thence running south 30 degrees 38 minutes east for a distance of 460 feet to a point; thence running south 24 degrees 08 minutes 30 seconds east for a distance of 32 feet to a point; thence running south 37 degrees 01 minutes east for a distance of 149.6 feet to a point; thence running north 57 degrees 42 minutes 30 seconds east for a distance of 39.2 feet to a point; thence running south 37 degrees 59 minutes 30 seconds east for a distance of 130.3 feet to a point on the east land lot line of Land Lot 1021; thence running south 1 degree 54 minutes east for a distance of 538 feet to the point of beginning. Tract 23. Parcel A All that tract or parcel of land lying and being in Land Lot 732, 17th District, 2nd Section, Cobb County, Georgia, as shown by plat made by Paul Hensley March 30, 1950, for E. N. O'Beirne and recorded in Plat Book 8, Page 131, Cobb County Records and more particularly described as follows: Beginning at a point on the northwest side of Smyrna-Roswell Road, said point being located 1161.1 feet northwesterly from the intersection of the northwest side of SmyrnaRoswell Road with the east side of Terrell Mill Road; running thence northeasterly along the northwest side of SmyrnaRoswell Road for a distance of 150 feet; running thence northwesterly for a distance of 250 feet; running thence southwesterly for a distance of 150 feet; running thence southeasterly for a distance of 250 feet to the northwest side of SmyrnaRoswell Road and the point of begining. The above described property consists of Lot 15 in its entirety and the eastern one-half of Lot 14 and the western one-half of Lot 16, according to the above referenced plat. Also: Parcel B All that tract or parcel of land lying and being in Land Lot 732, 17th District, 2nd Section, Cobb County, Georgia, being all of Lot 17 and the east half of Lot 16 of the E. N. O'Beirne property as shown by plat by Paul Hensley, Cobb County Surveyor, dated March 30, 1950, recorded
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in Plat Book 8, Page 131, Cobb County Records, and more particularly described as follows: Beginning at an iron pin on the northwesterly side of SmyrnaRoswell Road (Old Butler Road) located 1,311.5 feet from the intersection of the northwesterly side of said SmyrnaRoswell Road and the easterly side of Terrell Mill Road; thence running northeasterly along the northwesterly side of SmyrnaRoswell Road 112.5 feet to the City of Smyrna and Cobb County Water Department property; thence northwesterly 250 feet to an iron pin; thence southwesterly 112.5 feet to an iron pin; thence southeasterly 250 feet to the northwesterly side of SmyrnaRoswell Road and the point of beginning, being improved property having a house thereon. Tract 24. All that tract or parcel of land lying and being in Land Lot 1, 17th District, 2nd Section and Land Lot 1296, 16th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at a point on the northerly side of Manning Road marked by an iron pin; running thence north 15 degrees 14 minutes 30 seconds west, 246.78 feet to a point marked by an iron pin; running thence north 9 degrees 05 minutes east, 105.27 feet to an point marked by an iron pin; running thence easterly 60 feet, more or less to a point marked by an iron pin; running thence south 9 degrees 05 minutes west, 84.51 feet to a point marked by an iron pin; running thence south 15 degrees 14 minutes 30 seconds east, 218.10 feet to a point on the north side of Manning Road marked by an iron pin; running thence along the northerly side of Manning Road south 60 degrees 02 minutes west, 62.03 feet to a point marked by an iron pin and the point of beginning. The above described property being the southerly portion of a tract delineated by plat prepared for Marietta West Apartments, Inc. by Welker and Associates, Inc., Engineers February 1972, Revised May 1972, and recorded in Plat Book 54, Page 198, Cobb County Superior Court Records. Section 3. Said Act is further amended by striking from section 2-L the description of Tract 12, Parcel A and B
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and inserting in lieu thereof a new description of Tract 12, Parcel A and B, to read as follows: Tract 12. Parcel A. All that tract or parcel of land lying and being in Land Lots 644 and 645, 17th District, 2nd Section, Cobb County, Georgia and being more particularly described as follows: Beginning at an axel found at the southeast corner of said Land Lot 644 (being the corner common to said Land Lot 644 and Land Lots 643, 653, and 654); and running thence north 89 degrees 31 minutes 30 seconds west along the south line of said Land Lot 644 (being the north line of said Land Lot 643) a distance of 251.8 feet to an iron pin found; thence running north 00 degrees 09 minutes 30 seconds east a distance of 399.3 feet to an iron pin found; running thence north 89 degrees 30 minutes west a distance of 399.8 feet to an iron pin found; running thence north 00 degrees 37 minutes east a distance of 940.9 feet to an iron pin placed on the north line of said Land Lot 644 (being the south line of said Land Lot 645); running thence south 89 degrees 10 minutes 30 seconds east along the north line of said Land Lot 644 a distance of 288.0 feet to an iron pin found; running thence north 00 degrees 16 minutes west a distance of 1,016.9 feet to an iron pin placed on the southwest line of the right of way of Franklin Road (an 80 foot right of way); running thence in a southeasterly direction along the southwest line of said right of way of Franklin Road and following the curvature thereof a distance of 198.7 feet to an iron pin placed; running thence south 00 degrees 24 minutes 30 seconds east a distance of 173.1 feet to an iron pin found; running thence south 60 degrees 10 minutes 30 seconds east a distance of 202.7 feet to an iron pin placed on the east line of said Land Lot 645 (being the west line of Land Lot 652); running thence south 00 degrees 24 minutes 30 seconds east along the east line of said Land Lot 645 a distance of 669.1 feet to a point located on the south line of Land Lot 645; running thence south 00 degrees 02 minutes east along the east line of said Land Lot 644 (being the west line of said Land Lot 653) a distance of 1,320.5 feet to an axel found
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at the point of beginning, being 22.927 acres designated as `Parcel A' on a blueprint of survey to which reference is made prepared by A. W. Browning, Georgia Registered Land Surveyor, dated October 29, 1969. Parcel B. Beginning at a point where Land Lots 645 and 646 intersects at the new right of way of Franklin Road; running north 89 degrees 00 minutes east for a distance of 262 feet to an iron pin which is 352.2 feet from a point where Land Lots 645, 646, 651 and 652 come together; thence south 1 degree 18 minutes east for a distance of 160.1 feet to the new right of way of Franklin Road; thence along the east side of Franklin Road north 60 degrees 38 minutes west for a distance of 305 feet to the point of beginning. Section 4. 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 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February-March 1973 session of the General Assembly of Georgia, a bill to amend the Charter of the City of
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Marietta, Georgia (Ga. L. 1904, p. 519, et. seq), as heretofore amended, and for other purposes. This 20th day of December, 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger G. Robert Howard Travis Duke Ken Nix A. L. Burruss Joe Mack Wilson Hugh Lee McDaniell Howard Atherton Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oath, George H. Kreeger 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 Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 19, 26, February 2, 1973. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me this 2nd day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
Page 3492
IRWIN COUNTYBOARD OF COMMISSIONERSSALARY OF CLERK CHANGED. No. 634 (House Bill No. 1122). An Act to amend an Act creating a Board of Commissioners of Roads and Revenue for County of Irwin, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved February 23, 1945 (Ga. L. 1945, p. 722), an Act approved February 13, 1952 (Ga. L. 1952, p. 2469), an Act approved February 26, 1957 (Ga. L. 1957, p. 2278), an Act approved February 28, 1966 (Ga. L. 1966, p. 2496), and an Act approved March 12, 1970 (Ga. L. 1970, p. 2534), so as to change the salary of the clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved February 23, 1945 (Ga. L. 1945, p. 772), an Act approved February 13, 1952 (Ga. L. 1952, p. 2469), an Act approved February 26, 1957 (Ga. L. 1957, p. 2278), an Act approved February 28, 1966 (Ga. L. 1966, p. 2496), and an Act approved March 12, 1970 (Ga. L. 1970, p. 2534), is hereby amended by striking from section 6A, the figure $300.00 and inserting in lieu thereof, the figure $350.00, so that when so amended, section 6A shall read as follows: Section 6A. Be it further enacted by the authority aforesaid, that the Board of Commissioners shall elect a clerk of the Board of Commissioners who shall serve as its clerk and shall have such duties as are specified by the board and shall hold office under the control and direction of the board and serve at its pleasure and may be dismissed by the board at any time and a successor employed. The salary of said clerk shall not exceed the sum of $350.00 per month, which salary shall be paid by warrant issued by said board as other warrants for county costs and expenses
Page 3493
are paid. Said clerk may, or may not, be required to give bond, and in the amount, if required, as fixed by the board, the premiums on such bond to be paid out of county funds as are other expenses of the county paid. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation to be Introduced. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin approved February 16, 1933, Ga. L. 1933, page 571, as amended, so as to change the compensation of the Clerk of said Board and to provide an effective date thereof. This January 30, 1973. 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 W. S. Bradford, Jr., to me well known, of said State and County, and who first being sworn to speak the truth, on oath ways; that he is editor and publisher of the Ocilla Star, a newspaper with a general circulation throughout said county and in which newspaper the sheriff's advertisements for said county are published; and that the attached printing is an exact copy of the notice that has been published in the said Ocilla Star in the weekly issues of February 1, February 8, and February 15, 1973. /s/ W. S. Bradford, Jr. Publisher - Ocilla Star
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Sworn to and subscribed before me, this 28th day of February, 1973. /s/ Murphey Rogers Notary Public, Irwin County, Ga. My Commission expires Dec. 5, 1974. Approved April 17 1973. COLQUITT COUNTYCOMPENSATION OF SUPERIOR COURT CLERK CHANGED, ETC. No. 635 (House Bill No. 1127). An Act to amend an Act placing the sheriff, tax collector, tax receiver, clerk of the superior court and the ordinary of Colquitt County on an annual salary in lieu of the fee system of compensation, approved February 17, 1956 (Ga. L. 1956, p. 2399), as amended, so as to change the provisions relating to the compensation of the clerk of the superior court and 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, tax collector, tax receiver, clerk of the superior court and the ordinary of Colquitt County on an annual salary in lieu of the fee system of compensation, approved February 17, 1956 (Ga. L. 1956, p. 2399), as amended, is hereby amended by striking from section 3 the following: $8,500.00 per annum and the maximum amount of $10,000.00 per annum, and inserting in lieu thereof the following: $10,000.00 per annum and the maximum amount of $15,000.00 per annum,
Page 3495
so that when so amended, section 3 shall read as follows: Section 3. The clerk of the superior court of Colquitt County shall be compensated in the minimum amount of $10,000.00 per annum and the maximum amount of $15,000.00 per annum, to be paid in equal installments monthly from the funds of Colquitt County. The board of commissioners, the governing authority of said county, shall annually set the salary of said clerk of the superior court at said board's first and organizational meeting in each year, except for the year of the adoption of this amendment, when said action shall be taken by said board at its next regular monthly meeting. Such compensation shall be all inclusive, and the clerk shall receive no other compensation for any service he performs in any capacity or in any court. Clerk. Section 2. Said Act is further amended by striking from section 4 the following: six thousand, ($6,000.00) dollars and not more than ten thousand ($10,000.00) dollars, and inserting in lieu thereof the following: $9,000.00 and not more than $15,000.00, so that when so amended, section 4 shall read as follows: Section 4. The ordinary of Colquitt County shall be compensated an annual amount not less than $9,000.00 and not more than $15,000.00, to be paid in equal monthly installments from funds of Colquitt County. Such compensation shall be all inclusive, and the ordinary shall receive no other compensation for any services performed in his official capacity. Ordinary. 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 part of laws in conflict with this Act are hereby repealed.
Page 3496
Public Notice. To Whom It May Concern: Notice is hereby given that application will be made at the 1973 session of the General Assembly of Georgia for the passage of the following bill: An Act entitled, Act Act to amend an Act of the General Assembly Relative to Colquitt County Compensation of Officials, said Act changed the amount of compensation, and for other purposes. Board of Commissioners of Colquitt County, Georgia 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 122nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County, on the following dates: January 25, February 1, 8, 1973. /s/ Dorsey R. Matthews Representative, 122nd District Sworn to and subscribed before me, this 2nd day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Local Bill. Notice is hereby given of intention to apply for the passage at the 1973 regular session of the General Assembly of
Page 3497
Georgia of a Bill to amend an Act of the General Assembly relative to compensation of the clerk of the superior court of Colquitt County, Georgia, approved February 17, 1956 (Ga. L. 1956, p. 2399), and acts amendatory thereof and for other purposes. Board of Commissioners of Colquitt County, Georgia 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 122nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County, on the following dates: January 4, 8, 18, 1973. /s/ Dorsey R. Matthews Representative, 122nd District Sworn to and subscribed before me, this 2nd day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. BURKE COUNTYSMALL CLAIMS COURT CREATED. No. 636 (House Bill No. 1129). An Act to create and establish a Small Claims Court in and for Burke County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court;
Page 3498
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 provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for validating 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 a Small Claims Court in and for Burke County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, 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. Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Burke County, at least twenty-two years of age, have completed a high school education, and must be a person of outstanding character and integrity. Judge.
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All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Burke 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 substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Same 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 shall be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge, as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The 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. (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
Page 3500
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 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 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
Page 3501
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. (a) The plaintiff, when he files his claim, shall deposit the sum of $10.00 with the court, which shall cover all costs of the proceeding, except the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $10.00. If a party shall fail to pay any accrued cost, the judge shall have the power to deny said party the right to file any new case while such costs remain unpaid, and, likewise, shall have the power to deny such litigant the right to proceed further in any pending case. The award of court costs, as between the parties, shall be in the discretion of the judge, and such costs shall be taxed in the cause at his discretion. Costs. (b) Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached or levied upon under an attachment or execution issued from the Small Claims Court, the levying officer shall forthwith return the same to said court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Court. The judge shall be entitled to a fee of $10.00 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. 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
Page 3502
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. 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, 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. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered, but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Same. Section 13. The judge of the Superior Court of Burke 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
Page 3503
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 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. 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. Liens. Section 16. Appeals may be had from judgments returned in the Small Claims Court to the superior court, and the same provisions now provided for by general law for appeals, contained in Code Chapter 6-1, to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court, the same to be a de novo appeal. Appeals.
Page 3504
Section 17. 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 Burke County
Page 3505
Page 3506
Section 18. On or before the effective date of this Act and each four years thereafter the Governor shall appoint a duly qualified person to serve as the judge of said court for a term of office of four years and until his successor is duly appointed and qualified. In the event of a vacancy in the office of judge, the Governor shall appoint a duly qualified person as judge, and such person shall serve for the remainder of the unexpired term. Judge 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. Courtroom, etc. Section 20. The State Librarian is hereby authorized and directed to furnish all available volumes of Georgia Laws to the Small Claims Court, without cost to the court or the county. Ga. Laws. 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.
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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 evidence 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 made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. The costs of garnishment proceedings shall be $8.50. Garnishment. Section 23. The judge of said court shall have the power to impose fines of not more than ten dollars 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 $10.00, 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%) on all sums over that amount, with a minimum of five dollars. Fees. Section 25. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall
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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 26. All laws and parts of laws in conflict 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 1973 Session of the General Assembly of Georgia, a bill to create a small claims court for Burke County; and for other purposes. This 13th day of February, 1973. Preston B. Lewis, Jr. Representative, 77th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Preston Lewis who, on oath, deposes and says that he is Representative from the 77th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the True Citizen which is the official organ of Burke County, on the following dates: February 14, 21, 28, 1973. Preston B. Lewis Representative, 77th District
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Sworn to and subscribed before me, this 2nd day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF BARNESVILLECHARTER AMENDEDQUALIFICATIONS OF RECORDER CHANGED. No. 637 (House Bill No. 1130). An Act to amend an Act creating a new Charter for the City of Barnesville, approved February 2, 1953 (Ga. L. 1953, p. 2006), as amended, so as to remove certain restrictions as to residence of a person to be elected as Recorder. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new Charter for the City of Barnesville, approved February 2, 1953 (Ga. L. 1953, p. 2006), as amended, is hereby amended as follows: Strike section 29a of Article VIIIMayor's Court, Police Power of City, section 29a Recorder, as follows: Recorder; clerk; absence of mayor. Said court shall be held as often as necessary for the trial of offenders; and the mayor and city council are authorized (but not required) to elect some competent citizen of said city as city recorder to preside over and hold said court, should they at any time deem such election of such official for the best interest of said city. Should such recorder be elected and thereafter be disqualified in any case or absent from the city, said mayor's court shall be presided over by some citizen designated by the mayor and city council. If no recorder be elected by the mayor and city council, said mayor shall have authority to
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preside over said court and perform the duties thereof; and in case of absence or disqualification of the mayor, or whenever he so requests, said court shall be presided over by the mayor pro tem.; and in the absence and disqualification of both the mayor and mayor pro tem., any councilman of said city may preside over and hold said court. The City clerk shall act as clerk of said court, and the chief of police and other police officers of said city shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by the ordinances of said city or the orders of the presiding officer of said court. And insert in place thereof as section 29A, Recorder the following: Recorder; Clerk; absence of mayor. Said court shall be held as often as necessary for the trial of offenders; and the mayor and city council are authorized (but not required) to elect some qualified and competent person who prior to election shall be a citizen of the State of Georgia qualified to vote in the county of such person's residence, as city recorder to preside over and hold said court, should they at any time deem such election of such official for the best interest of said city. Should such recorder be elected and thereafter be disqualified in any case or absent from the city, said mayor's court shall be presided over by some citizen designated by the mayor and city council. If no recorder be elected by the mayor and city council, said mayor shall have authority to preside over said court and perform the duties thereof; and in case of absence or disqualification of the mayor, or whenever he so requests said court shall be presided over by the mayor pro tem.; and in the absence and disqualification of both the mayor and mayor pro tem., any councilman of said city may preside over and hold said court. The City clerk shall act as clerk of said court, and the chief of police and other police officers of said city shall attend said court and perform all such duties therein and in the enforcement of its sentences as they may be required by the ordinances of said city or the orders of the presiding officer of said court.
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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, Lamar County. Notice is hereby given that I shall introduce a bill in the 1973 session of the General Assembly of the State of Georgia, amending the 1953 Charter of the City of Barnesville, approved February 2, 1953 to remove certain restrictions as to residence of a person to be elected as Recorder of the City of Barnesville. This 12th day of February, 1973. J. R. Smith Representative for Legislative District Containing the City of Barnesville, 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 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Barnesville News Gazette which is the official organ of Lamar County, on the following dates: February 15, 22, March 1, 1973. /s/ J. R. Smith Representative, 74th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved by April 17, 1973.
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CITY OF BARNESVILLECHARTER AMENDEDWARD BOUNDARIES EXTENDED. No. 638 (House Bill No. 1131). An Act to amend an Act creating a new Charter for the City of Barnesville, approved February 2, 1953 (Ga. L. 1953, p. 2006) as amended, so as to extend and update existing City Ward Boundaries. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new Charter for the City of Barnesville, approved February 2, 1953, (Ga. L. 1953, p. 2006) as amended, is hereby amended by adding at the end of Article I, Section 3, City Divided into Wards, for Ward No. 1, the following: In addition to the area now embraces within the boundaries of Ward No. 1, the area defined below shall be included within said ward boundaries. The area annexed to the City of Barnesville by ordinance approved March 7, 1966, embracing the area contained south of Georgia State Highway No. 18, from Barnesville to Zebulon, and also south of Burnette Road and extending westerly, being tracts of real estate owned by Barlow, Woodall and Wellons as described in said Ordinance. By further amending said charter by also adding at the end of Article 1, section 3, City Divided into Wards, for Ward No. 4, the following: In addition to the area now embraced within the boundaries of Ward No. 4, the area defined below shall be included within said Ward boundaries. The area defined in the charter of the City of Barnesville in Article 1, Section 2, Corporate Limits, the following tract of land outside the southeast portion of the one-mile radius circle and originally conveyed by the Regents of the University System of Georgia to the City of Barnesville
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shall be included in the corporate limits and described as: Beginning where the one-mile radius intersects Gordon Road; thence north 89 degrees, 10 minutes east, 1246.3 feet along Gordon Road; thence south 2112.7 feet; thence west 2303.2 feet; thence north 848.8 feet; thence west to intersection with the one-mile radius. (Ga. L. 1953, p. 2006, section 2). By further amending said charter by also adding at the end of Article I, section 3, City Divided into Wards, for Ward No. 4 the following: In addition to the area now embraced within the boundaries of Ward No. 4, the area defined below shall be included within said ward boundaries. The area annexed to the City of Barnesville by ordinances approved January 17, 1966, June 6, 1966 and June 17, 1968 embracing the area contained south by Gordon Road, east of Red Bud Drive and continuing southerly and westerly to U. S. Highway No. 341 and containing tracts of property of Meeks Fincher, Pelot, Loy, Silva, Jones, Pitts, West, Johnson, Graham, Sheets and Green as described in said Ordinances. By further amending said charter by deleting in certain street descriptions in Article I, section 3, City Divided into Wards, for Wards Nos. 3 and 4, the name of Bird Avenue and inserting in place thereof the name of Tyler Street. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, Lamar County. Notice is hereby given that I shall introduce a bill in the 1973 session of the General Assembly of the State of Georgia, amending the 1953 Charter of the City of Barnesville, approved February 2, 1953 to update the boundaries of the
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four (4) Wards within the City of Barnesville and to correct the name of a certain street in Wards 3 and 4 of said City. This the 12th day of February, 1973. J. R. Smith Representative for Legislative District Containing the City of Barnesville, 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 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Barnesville News Gazette which is the official organ of Lamar County, on the following dates: February 15, 22, March 1, 1973. J. R. Smith Representative, 74th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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TOWN OF WILLIAMSONCHARTER AMENDEDCOMPENSATION FOR MAYOR AND COUNCILMAN PROVIDED. No. 639 (House Bill No. 1132). An Act to amend an Act entitled An Act to incorporate the Town of Williamson, in the County of Pike, and to grant certain powers and privileges to said town, and for other purposes, approved August 17, 1908 (Ga. L. 1908, p. 973), as amended by an Act approved April 6, 1967 (Ga. L. 1967, p. 2777), so as to provide for compensation for the mayor and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the Town of Williamson, in the County of Pike, and to grant certain powers and privileges to said town, and for other purposes, approved August 17, 1908, (Ga. L. 1908 p. 973), as amended by an Act approved April 16, 1967 (Ga. L. 1967, p. 2777), 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. For carrying out the duties of his office, the mayor shall be compensated in the amount of $100.00 per annum and shall also receive an automobile mileage allowance in an amount to be determined by the councilmen each year. Each councilman shall receive as his compensation $5.00 for each meeting of the mayor and councilmen attended. Salaries. 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 regular 1973 session of the General Assembly of Georgia a bill to provide for compensation of the Mayor and City Council, and to provide for mileage allowance for the Mayor
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of the City of Williamson, Pike County, Georgia and for other purposes. This the 15th day of February 1973. J. R. Smith Representative 74th District Marvin Adams Representative 74th District 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 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal which is the official organ of Pike County, on the following dates: February 15, 22, March 1, 1973. /s/ J. R. Smith Representative, 74th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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CITY OF BARNESVILLECHARTER AMENDEDCOMMUNITY ANTENNA TELEVISION SERVICE SYSTEM AUTHORIZED. No. 640 (House Bill No. 1133). An Act to amend an Act creating a new charter for the City of Barnesville, approved February 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2006), as amended, so as to grant to the City of Barnesville the power to finance, construct, operate and dispose of a Community Antenna Television Service System; 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 Barnesville, approved February 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2006), as amended, is hereby amended by adding between sections 16 and 17 a new section, to be designated section 16A, to read as follows: Section 16A. The City by and through its Mayor and City Council shall have full power and authority to construct, maintain, operate and dispose of a Community Antenna Television Service System and to prescribe, revise, fix and collect rates, fees, tolls for the services, facilities, and commodities furnished thereby and in anticipation of collections of revenues therefrom, to issue negotiable certificates payable solely from such revenues for the financing of the construction, reconstruction and operation of said community antenna system, all within the area of the City of Barnesville. 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, Lamar County. Notice is hereby given that I shall introduce a bill in the 1973 session of the General Assembly of the State of Georgia
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amending the 1953 Charter of the City of Barnesville, approved February 2, 1953 to grant power to the City of Barnesville to construct, operate, dispose, finance and collect revenue on Community Antenna Television Service System in the City of Barnesville. This 12th day of February, 1973. J. R. Smith Representative for Legislative District Containing the City of Barnesville, 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 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Barnesville News Gazette which is the official organ of Lamar County, on the following dates: February 15, 22, March 1, 1973. /s/ J. R. Smith Representative, 74th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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HENRY COUNTY WATER AND SEWERAGE AUTHORITYCOMPENSATION OF MEMBERS CHANGED, ETC. No. 641 (House Bill No. 1136). An Act to amend an Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended by an Act approved April 21, 1967 (Ga. L. 1967, p.3388), and an Act approved April 3, 1972 (Ga. L. 1972, p.3567), so as to change the compensation of the members of the Authority; to change the limitation on the number of meetings; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Henry County Water and Sewerage Authority, approved March 28, 1961 (Ga. L. 1961, p. 2588), as amended by an Act approved April 21, 1967 (Ga. L. 1967, p. 3388), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3567), 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 water system is to be constructed, maintained, and operated for and on behalf of said county by the `Henry County Water and Sewerage Authority'. The members of the Authority shall be appointed by the governing authority of Henry County as follows: Three members shall be appointed for terms of office of two years each and until their successors are appointed and qualified, and two members shall be appointed for terms of office of four years each and until their successors are appointed and qualified. Thereafter, appointments of all members shall be for terms of office of four years each and until their successors are appointed and qualified. All terms shall begin and end on the first day of April. The Authority shall organize and elect a chairman, vice-chairman and secretary from among members and shall report their actions to the governing authority of Henry County on or before July 31 of each year for the immediately preceding year. Vacancies
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for the unexpired term shall be filled by the governing authority of Henry County. No vacancy shall impair the right of the Authority to act on any matter which may properly come before it. Three members 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 Authority, or the chairman, may call such meeting upon giving the required notice. The officers of said Authority shall serve at the pleasure of said Authority. The members of the Authority shall receive twenty-five dollars ($25.00) for each regular or called meeting they actually attend as compensation for their services, not to exceed 36 meetings during any one calendar year. Compensation. 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 1973 Session of the General Assembly of Georgia a bill to amend an Act creating the Henry County Water and Sewerage Authority, approved March 28 1961 (Ga. Laws 1961, p. 2588), as amended, so as to change the compensation of the members of the Authority; to remove the limits as to the number of meetings; and for other purposes. This 12th day of January, 1973. Ray M. Tucker Representative 69th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker who, an oath, deposes and says that he is Representative from
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the 69th 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 18, 25, February 1, 1973. /s/ Ray M. Tucker Representative 69th District Sworn to and subscribed before me this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. HENRY COUNTYCERTAIN COUNTY OFFICERSSALARIES INCREASED, ETC. No. 642 (House Bill No. 1139). An Act to amend an Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved April 1, 1969 (Ga. 1969, p. 2446), so as to change the compensation of the sheriff, the chief deputy sheriff, the clerk of the superior court and the ordinary of Henry County; to change the provisions relating to deputies and assistants of the sheriff and their compensation; to change the provisions relating to vehicles of the sheriff; to provide for an expense allowance for the sheriff, the clerk of the superior court, the ordinary and the tax commissioner of Henry County; to repeal conflicting laws; and for other purposes.
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Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff, the clerk of the superior court and the ordinary of Henry County on an annual salary in lieu of the fee system of compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved April 1, 1969 (Ga. L. 1969, p. 2446), is hereby amended by striking section 2 in its entirety, and inserting in lieu thereof a new section 2, to read as follows: Section 2. The salary of the sheriff of Henry County shall be $12,500 per year to be paid in equal monthly installments out of county funds. The sheriff shall be authorized to employ one chief deputy, who shall be paid a salary of $8,200 per year to be paid in equal monthly installments out of county funds. In addition to the chief deputy, the sheriff is hereby authorized to employ other deputies and assistants and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the governing authority of Henry County. The governing authority of Henry County shall furnish suitable vehicles to the sheriff and chief deputy sheriff and pay the expenses of operation of same, for the use of said sheriff and chief deputy sheriff in the performance of their official duties. Sheriff. Section 2. Said Act is further amended by striking section 3 in its entirety, and inserting in lieu thereof a new section 3, to read as follows: Section 3. The clerk of the superior court of Henry County shall be paid a salary of $9,500 per year to be paid in equal monthly installments out of county funds. The clerk of the superior court is hereby authorized to employ such deputies and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such deputies and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of Henry County. Clerk. Section 3. Said Act is further amended by striking section
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4 in its entirety, and inserting in lieu thereof a new section 4, to read as follows: Section 4. The ordinary of Henry County shall be paid a salary of $9,000 per year to be paid in equal monthly installments out of county funds. The ordinary is hereby authorized to employ such clerks and other assistants as he deems necessary, to prescribe their duties and to set their salaries, but the number of such clerks and assistants and the salaries thereof shall be subject to the final approval of the board of commissioners of Henry County. Ordinary. Section 4. Said Act is further amended by adding a new section, immediately following Section 4A, to be designated section 4B, to read as follows: Section 4B. The sheriff, the clerk of the superior court, the ordinary and the tax commissioner shall each receive an annual expense allowance of one hundred dollars ($100.00) for travel and expenses while on official business. Such expense allowance shall be in addition to all other compensation and expenses authorized by law for such officers. Expenses, allowances. 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 1973 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, so as to change the compensation of the Sheriff, the Chief Deputy of the Sheriff, the Clerk of the Superior Court, the Ordinary and the Tax Commissioner of Henry County; to provide for an annual expense allowance for the sheriff, the clerk of the superior court,
Page 3524
the ordinary and the tax commissioner; and for other purposes. This 12th day of January, 1973. Ray M. Tucker Representative 69th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker who, on oath, deposes and says that the is Representative from the 69th 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 18, 25, February 1, 1973. /s/ Ray M. Tucker Representative 69th District Sworn to and subscribed before me this 27th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. HENRY COUNTY BOARD OF COMMISSIONERSCERTAIN EXPENSE ALLOWANCES CHANGED. No. 643 (House Bill No. 1140). An Act to amend an Act creating a board of Commissioners of Henry County, approved August 8, 1921 (Ga. L. 1921,
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p. 490), as amended, so as to change the expense allowance of the Chairman and other members of the Board; to provide for an additional expense allowance for the purpose of attending short courses, seminars and conferences; to provide 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 Commissioner of Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), 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. A Board of Commissioners of Henry County, Georgia, is hereby created. Said Board shall consist of five (5) persons who shall reside in said county and in the commissioner district from which they are elected, respectively. Said commissioners shall be elected by the qualified voters of the entire county. Said commissioners shall each serve a term of office of four (4) years and until their respective successors are elected and qualified. The compensation of the Chairman of the Board shall be $3,600.00 per annum. The compensation of the Vice-Chairman shall be $2,700.00 per annum, and the compensation of the other members of the Board shall be $2,400.00 per annum. Said salaries shall be payable in equal monthly installments out of the general funds of Henry County. The Chairman and each of the other four (4) members of the Board shall also receive an expense allowance of $1,200.00 per annum, payable in equal monthly installments out of the funds of Henry County. The Chairman and the other members of the Board shall each receive an additional expense allowance of $100.00 annually for the purpose of attending short courses, seminars and conferences to defray the cost of meals, lodging, transportation and the payment of registration fees to attend such meetings. Expenses. Section 2. This Act shall become effective on June 1, 1973.
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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 1973 Session of the General Assembly of Georgia, a bill 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 change the expense allowance for each member of the Board; to provide for reimbursement for transportation, fees, meals and lodging for the purpose of attending short courses, conventions, seminars and conferences without the prior approval of the Board; to authorize the Commissioners to fix the salary of the Clerk of the Board; to authorize the Commissioners to appoint an administrative assistant-comptroller and define his duties and fix his compensation; and for other purposes. This 12th day of January, 1973. Ray M. Tucker Representative 69th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker 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 Weekly Advertiser which is the official organ of Henry County, on the following dates: January 18, 25, February 1, 1973. /s/ Ray M. Tucker Representative 69th District
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Sworn to and subscribed before me this 27th day of February, 1973. /s/ Susan Gordon Notary Public. (Seal). Approved April 17, 1973. CITY OF STOCKBRIDGECHARTER AMENDEDTAXATION PROVISIONS CHANGED. No. 644 (House Bill No. 1142). 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, so as to change the provisions relative to taxation; 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, is hereby amended by adding a new paragraph at the end of section 13, to read as follows: Any other provisions of this Act to the contrary notwithstanding, the council is hereby 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 cost of operating the city government, providing governmental services, and for other public purposes as determined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 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; and for other purposes. This 8th day of February, 1973. Ray M. Tucker Representative 69th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker 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 Henry County Weekly Advertiser which is the official organ of Henry County, on the following dates: February 15, 22, March 1, 1973. /s/ Ray M. Tucker Representative 69th District Sworn to and subscribed before me this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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DOUGLAS COUNTYCOMPENSATION OF CORONER CHANGED. No. 645 (House Bill No. 1143). An Act to amend an Act placing the coroner of Douglas County on a salary in lieu of fees, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended, so as to change the amount of the compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the coroner of Douglas County on a salary in lieu of fees, approved March 28, 1961 (Ga. L. 1961, p. 2511), as amended, is hereby amended by striking from section 1 the words and figure one hundred ($100.00) dollars, and inserting in lieu thereof the words and figure two hundred ($200.00) dollars, so that when so amended, section 1 shall read as follows: Section 1. In lieu of all fees, costs, perquisites, and emoluments of whatever kind and nature now or hereafter allowed by law to coroners for service as such, the coroner of Douglas County is hereby placed on a salary of two hundred ($200.00) dollars per month. Salary. 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 a bill will be introduced in the 1973 Session of the General Assembly of Georgia to change the compensation of the Coroner of Douglas County and for other purposes. Jim Dollar Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Dollar who,
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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 Douglas County Sentinel which is the official organ of Douglas County, on the following dates: January 11, 18, 25, 1973. James Jim Dollar Representative, 63rd District Sworn to and subscribed before me this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. MURRAY COUNTYCOMPENSATION OF ORDINARY CHANGED. No. 646 (House Bill No. 1145). An Act to amend an Act placing the Clerk of the Superior Court, Sheriff, Ordinary and Tax Commissioner of Murray County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2509), as amended by an Act approved February 26, 1970 (Ga. L. 1970, p. 2162), 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 Clerk of the Superior Court, Sheriff, Ordinary and Tax Commissioner of Murray County upon an annual salary, approved February 28, 1966
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(Ga. L. 1966, p. 2509), as amended by an Act approved February 26, 1970 (Ga. L. 1970, p. 2162), is hereby amended by striking from section 4 the following: $10,000.00, and inserting in lieu thereof the following: $12,500.00, so that when so amended, section 4 shall read as follows: Section 4. The Ordinary shall receive an annual salary of $12,500.00, payable in equal monthly installments from the funds of Murray County. Ordinary. 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 Introduce Local Legislation. Notice is hereby given that local legislation will be introduced in the 1973 Session of General Assembly of Georgia a bill to amend an Act entitled Murray County Act Placing Named Officers on Salaries Amended (Ga. L. Vol. 2, p. 2162) so as to change the compensation of the Ordinary, and for other purposes. Thomas J. Turner Representative 3rd District Post No. 1 Georgia, Murray County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas J. Turner who,
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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 11, 18, 25, and Feb. 1, 1973. /s/ Thomas J. Turner Representative 3rd District Sworn to and subscribed before me, this 20th day of February, 1973. /s/ Roblin Cowart Notary Public. My Commission Expires Feb. 4, 1976. (Seal). Approved April 17, 1973. CITY OF BAINBRIDGECHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 647 (House Bill No. 1153). An Act to amend an Act creating a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), 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 creating a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), as amended, is hereby amended by adding at the end of section 3 a new paragraph to read as follows: The corporate limits of the City of Bainbridge shall also include all of the following described property, to wit:
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Beginning at a point on the north right-of-way line of Georgia Route 38, U. S. 84, which intersects the west line of Lot Number 180 of the 15th District, which is also the east line of Lot Number 202 of the 15th District, Decatur County, Georgia. From said point run thence South 84 degrees 27 minutes East along the north right-of-way line of Georgia Route 38, U. S. Route 84, a distance of 1696.0 feet; thence South 01 degree 30 minutes East a distance of 3818.0 feet to the southeast corner of Bainbridge Junior College property; thence South 89 degrees 17 minutes West a distance of 2097.0 feet to the City Limits Line as annexed in August, 1969; thence North 01 degree 30 minutes west a distance of 2900.0 feet to the north line of Lot Number 201 of the 20th District, Decatur County, Georgia; thence south 88 degrees 30 minutes West along said north line a distance of 1320.0 feet to the present City Limits Line, said point being a line north and south of equal distance between the west line and the east line of Lot Number 201 of the 20th District and Lot Number 202 of the 15th District; thence North 01 degree 30 minutes West a distance of 1520.0 feet to a point on the north line of right of way of the frontage road on the north side of Georgia Route 38, U. S. Route 84; thence southeast along the north right-of-way line of said frontage road to a point on the north right of way of Georgia Route 38, U. S. Route 84; thence South 84 degrees 27 minutes East along the north right-of-way line of Georgia Route 38, U. S. Route 84; a distance of 615.0 feet to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the City of Bainbridge intends to apply for passage of local legislation at the 1973 Session of the General Assembly of Georgia now in session to amend the Charter of the City of Bainbridge (Ga. L. 1901, p. 321; Ga. L. 1925, p. 880); to provide for amendments thereto; to amend the corporate limits of the City of Bainbridge; and for other purposes. The proposed legislation
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would enlarge the corporate limits of the City of Bainbridge by taking in the following described property, to-wit: Beginning at a point on the north right-of-way line of Georgia Route 38, U. S. 84, which intersects the west line of Lot Number 180 of the 15th District, which is also the east line of Lot Number 202 of the 15th District, Decatur County, Georgia. From said point run thence South 84 degrees 27 minutes East along the north right-of-way line of Georgia Route 38, U. S. Route 84, a distance of 1696.0 feet; thence South 01 degree 30 minutes East a distance of 3818.0 feet to the southeast corner of Bainbridge Junior College property; thence South 89 degrees 17 minutes West a distance of 2097.0 feet to the City Limits Line as annexed in August, 1969; thence North 01 degree 30 minutes west a distance of 2900.0 feet to the north line of Lot Number 201 of the 20th District, Decatur County, Georgia; thence South 88 degrees 30 minutes West along said north line a distance of 1320.0 feet to the present City Limits Line, said point being a line north and south of equal distance between the west line and the east line of Lot Number 201 of the 20th District and Lot Number 202 of the 15th District; thence North 01 degree 30 minutes West a distance of 1520.0 feet to a point on the north line of right of way of the frontage road on the north side of Georgia Route 38, U. S. Route 84; thence southeast along the north right-of-way line of said frontage road to a point on the north right of way of Georgia Route 38, U. S. Route 84; thence South 84 degrees 27 minutes East along the north right-of-way line of Georgia Route 38, U. S. Route 84; a distance of 615.0 feet to the point of beginning. This 13th day of February, 1973. /s/ J. Willis Conger City Attorney City of Bainbridge Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert T. Willis who,
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on oath, deposes and says that he is Representative from the 119th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Post-Searchlight which is the official organ of Decatur County, on the following dates: February 15, 22, March 1, 1973. /s/ Robert T. Willis Representative 119th District Sworn to and subscribed before me this 6th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. PULASKI COUNTYCOMPENSATION OF ORDINARY CHANGED, ETC. No. 648 (House Bill No. 1156). An Act to amend an Act placing the ordinary of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2483), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2305), so as to change the compensation of the ordinary; to provide for the compensation of personnel within the ordinary's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the ordinary of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2483), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2305), is hereby amended
Page 3536
by striking in its entirety Section 1 and substituting in lieu thereof the following: Section 1. After the effective date of this Act, the ordinary of Pulaski County shall be compensated by an annual salary in lieu of the fee system of compensation, or in lieu of the fee system of compensation supplemented by a salary which may be in effect for said officer. The ordinary of Pulaski County shall be compensated by an annual salary of $12,000.00, plus five (5) percent thereof for each four-year term of office completed by said officer after January 1, 1973, not to exceed twenty (20) percent of the base salary provided for herein, all to be paid in equal monthly installments from the funds of Pulaski County. Except as otherwise provided in Section 1A of this Act, such compensation shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisities of whatever kind 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. Nothing in this Section shall be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during his tenure of office. Notwithstanding any other provision of this Act to the contrary, the employees of the ordinary, his deputy and all other personnel within said office shall receive such compensation for their services as the ordinary and commissioner of Pulaski County shall agree upon. Section 2. This Act shall become effective on January 1, 1974. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1973 session of the General Assembly of Georgia a bill to change an equalize the compensation of the ordinary, county commissioner, clerk of superior court,
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sheriff and tax commissioner of Pulaski County Georgia, and the secretary help and deputies of the respective offices effective January 1, 1974 and for other purposes. This February 6th, 1973. Ben Jessup Representative 102nd District Post 3. 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 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hawkinsville Dispatch and News which is the official organ of Pulaski County, on the following dates: February 7, 14, 21, 1973. /s/ Ben Jessup Representative 102nd District Sworn to and subscribed before me this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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PULASKI COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED, ETC. No. 649 (House Bill No. 1157). An Act to amend an Act creating the office of tax commissioner of Pulaski County, approved April 12, 1963 (Ga. L. 1963, p. 3436), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2552), so as to change the compensation of the tax commissioner; to provide for the compensation of personnel within the tax commissioner's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Pulaski County, approved April 12, 1963 (Ga. L. 1963, p. 3436), as amended, particularly by an Act approved April 4, 1967 (Ga. L. 1967, p. 2552), 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 tax commissioner shall receive for his services as such an annual salary of $12,000, payable monthly from the funds of Pulaski County, plus the additional sum of 5% of said salary for each four-year term of office completed by said officer after January 1, 1973, but not to exceed 20% of such base salary. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner of Pulaski County shall be received, collected and held by him as public funds belonging to Pulaski County. Once each month the tax commissioner shall turn over to the fiscal authority of said county said funds with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided for herein the tax commissioner shall be in lieu of fees, commissions, costs, fines, emoluments, and perquisites of whatever kind, including those commissions received pursuant to an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local
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tax officials, and those commissions provided for in an Act relating to the commission of 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. Notwithstanding any other provision of this Act to the contrary, the employees of the tax commissioner, his deputy and all other personnel within said office shall receive such compensation for their services as the tax commissioner and the commissioner of Pulaski County shall agree upon. Section 2. Said Act is further amended by deleting in its entirety Section 4A. Section 3. This Act shall become effective on January 1, 1974. 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 1973 session of the General Assembly of Georgia a bill to change and equalize the compensation of the ordinary, county commissioner, clerk of superior court, sheriff and tax commissioner of Pulaski County, Georgia, and the secretary help and deputies of the respective offices effective January 1, 1974 and for other purposes. This February 6th, 1973. Ben Jessup Representative 102nd District Post 3. 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
Page 3540
102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hawkinsville Dispatch and News which is the official organ of Pulaski County, on the following dates: February 7, 14, 21, 1973. /s/ Ben Jessup Representative, 102nd District Sworn to and subscribed before me this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF LUMBER CITYNEW CHARTER. No. 650 (House Bill No. 1166). An Act to reincorporate the City of Lumber City, Georgia, and to grant a new charter to said city; to repeal and replace the charter of Lumber City granted by an Act approved August 14, 1909 (Ga. L. 1909, p. 1024), as amended; to provide for corporate powers; to provide for ordinances; to provide for the construction of this Act; to provide for corporate limits; to provide for a city council to be composed of a mayor and six councilmen; to provide for the elections, qualifications, duties, powers, authority, compensation and method of filling vacancies of the mayor and councilmen; to provide for calling and conducting council meetings; to provide for quorums; to provide for ordinances, rules, regulations, bylaws, practices and procedures; to provide for penalties; to provide that the mayor shall have a veto; to provide for overriding said veto; to provide for a mayor pro tem and his
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election, duties, powers and term of office; to provide for the suspension of elected officials; to provide for a city clerk and his appointment, duties, powers, authority and compensation; to provide for surety bonds; to provide for the adoption of ordinances and the practices and procedures in connection therewith; to provide for the organization of city government and changes in such organization; to provide for the dismissal or the requested resignation of city employees and public hearings in connection therewith; to provide for a city manager and his appointment, duties, authority, term of office and compensation; to provide for a city attorney and his appointment, duties, powers and compensation; to provide for oaths of office; to provide for the creation of a planning commission and its duties, powers, authority and compensation; to provide for a municipal court and its jurisdiction; to provide for a judge of the municipal court and his election, term of office, compensation, duties and powers; to provide for the penalties and punishments which may be imposed by said court; to provide for the issuance of warrants; to provide for appeals and the practices and procedures connected therewith; to provide that police officers of said city shall have certain powers and authority; to provide for bails and recognizances; to provide for the forfeiture of bonds, cash or property; to provide for court costs and rules of the court; to provide for the taxation of property and the listing, assessing and collection of both real and personal property and the taxes thereon; to provide for the levy of taxes; to provide for due dates of tax bills; to provide for the collection of delinquent taxes; to provide for special assessments; to provide for licenses and occupational taxes; to provide for garbage collection service charges; to provide for the transfer of executions; to provide for general obligation bonds and revenue bonds; to provide for the promulgation, adoption and alteration of budgets for the city; to provide for regular and special elections and the practices and procedures connected therewith; to provide for the qualifications of electors and the applicability of general laws; to provide for the time and place of elections; to provide that those persons presently elected to office shall continue to serve until their successors are duly elected and
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qualified; to provide for absentee ballots; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CORPORATE POWERS AND CORPORATE LIMITS Section 1.01. Reincorporation. This Act shall constitute the whole charter of the City of Lumber City, Georgia, repealing and replacing the charter as provided by an Act approved August 14, 1909 (Ga. L. 1909, p. 1024), as amended. The City of Lumber City, Georgia, in the County of Telfair, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of City of Lumber City, 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 Powers. (a) The corporate powers of the City of Lumber City, to be exercised by the city council, shall include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions, and to license and regulate such privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purpose authorized by this Act and for any purpose for which a municipality is authorized by the laws of the
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State of Georgia, and to provide for the payment of expenses of the city; (4) To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this Act or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the corporate limits of the city; (6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) To condemn property, inside or outside the corporate limits of the city, for present or future use, and for any corporate purpose deemed necessary by the Council, under Code section 36-202, or under other applicable Acts as are or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric lights plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and to provide for the withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of ten (10) years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor;
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(10) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of and light roads, alleys and walkways within the corporate limits of the city without notification; (11) To grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) To provide for the acquisition, construction, building, operation, and maintenance, of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational, conservational, athletic, curative, correctional, 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 Code Section 36-202, or other applicable Acts, as are or may be enacted; (13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (15) To prescribe standards of health and sanitation and to provide for the enforcement of such ordinances;
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(16) To regulate the emission of smoke, gas, fumes, and exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city, and the source or sources of water supply for the use and consumption of the city and its residents; (17) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general laws, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (18) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (19) To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, and paper and to provide for the sale of such items; (20) To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city, from all individuals, firms, and corporations residing in or doing business therein or benefiting from such services to the fullest extent allowed by Georgia law; to enforce the payment of such service charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (21) To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge, fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same;
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(22) To charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (23) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards; (24) To provide for the abatement of any hazard to the public health or other nuisance whether on public or private property; (25) To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (26) 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; (27) To provide that persons given jail sentences in the municipal court shall work out such sentence in any public works or on the streets, roads, drains and squares in the city; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (28) To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; 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;
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(29) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (30) 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 to be prescribed by ordinance; to require seat belts in such vehicles; and to regulate and rent parking spaces in public ways for the use of such vehicles; (31) To provide and maintain a system of pensions and retirement for officers and employees of the city; (32) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (33) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (34) To create, alter, or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (35) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof, and for preserving the health, peace, order and good government of the city; (36) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Act and the laws of the State of Georgia; (37) 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
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order, comfort, convenience, 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 Act as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; (38) 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; (39) To impose, levy and collect excise taxes, gross receipts taxes, sales or use taxes, amusement admissions taxes, franchise taxes, occupational taxes, license taxes, or any other tax or taxes to the fullest extent allowable or not expressly prohibited by Georgia law; (40) To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City of Lumber City. (b) No enumeration of particular powers in this Act shall be held to be exclusive of others, nor restrictive of general words and phrase granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.03. 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 council of said city.
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Section 1.04. Construction. The powers of the City shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this Act shall not be construed as limiting in any way the general power of the city as stated in this Act. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city within its corporate limits and to conduct all of its affairs. Section 1.05. City Boundaries. The corporate limits of the City of Lumber City shall include all territory within a radius of three-quarters of a mile from an iron stake at the southeast corner of the depot of the Southern Railway Company, where said depot stood on August 14, 1909. ARTICLE II. CITY GOVERNMENT; ORGANIZATION; PERSONNEL Section 2.01. Establishment of City Government. The corporate governmental powers of the City of Lumber City shall be vested in a City Council to be composed of a mayor and six 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 Lumber City. Section 2.02. Terms of Office. The terms of office for mayor and councilmen shall begin at the first regular meeting of the council in January next succeeding the election and shall continue for two years and until their successors are elected and qualified. Section 2.03. City Council. The governing body of said city shall be composed of a mayor and six councilmen, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this Act. The council shall hold regular public meetings at a stated time and place as provided by ordinance. The council shall meet in special sessions on call of the mayor or call of the mayor pro tem, and two councilmen. Notice of such meeting must
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have been served on the other members personally or left 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. Notice of any special meeting may be waived in writing before or after the meeting, and notice of a special meeting shall be considered 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. With such consent, any business which may be conducted in a regular meeting may be conducted in the special meeting. A majority of the council shall constitute a quorum. The council may, by ordinance, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the council. Section 2.04. Mayor as Presiding Officer. The mayor shall preside at meetings of the 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 each meeting of the council in which to file with the city clerk, in writing, his dissent, but the council may at the same meeting or at any subsequent meeting within thirty (30) days, pass any such ordinance, order or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of councilmen, to the 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 Act and duly adopted ordinances. Section 2.05. Mayor Pro Tem. 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 failure to elect a mayor pro tem at the first regular meeting in January of each year,
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the incumbent councilman 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 2.06. Vacancy in Office of Mayor or Councilmen. A vanacy 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 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 Act; however, if a special election is called pursuant to this Act, 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 Code Title 34A, the Georgia Municipal Election Code, as it now exists or may hereafter be amended. Section 2.07. Compensation or Expenses. The mayor shall receive fifty dollars ($50.00) per month, and each councilman shall receive five dollars ($5.00) per meeting attended,
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but not to exceed one hundred dollars ($100.00) per year, from the funds of the city as compensation for their services. Section 2.08. Suspension of Elected Officials upon Indictment Charging Felonious Act or Acts. Whenever any elected official of the City of Lumber City shall be indicted by any grand jury for any felonious act or acts he shall be 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 upon final conviction of any of the charges for which he was indicted, and the vacancy thus created shall be filled under the provisions of section 2.06. However, if any such official is cleared of the charges filed against him by termination in any manner other than conviction or a quality plea, he shall be reinstated in office, and shall be entitled to full compensation for the time he was suspended from office. Section 2.09. City Clerk. The Council shall appoint a city clerk who shall be ex officio treasurer. He shall be responsible for keeping and preserving the city seal and all records of the council, attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the 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 prescribed by ordinance, and performing such other duties as may be required by the council. The 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 council, but not less than $5,000.00, said bond payable to the City of Lumber City, 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
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of Georgia and approved by the council, and the premium thereon shall be paid by the city. Section 2.10. City Legislation. Any action of the council having a regulatory or penal effect or required to be done by ordinance under this Act shall be done only by ordinance. Each resolution or 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. The city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk. Section 2.11. Readings. All 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 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. Section 2.12. Organization. The city government shall continue as presently organized unless and until otherwise provided by ordinance or this Act. The 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, positions of employment, departments and agencies of the city, and may prescribe the duties and compensations of any office or position of employment.
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Section 2.13. City Employee Dismissal or Request Resignation; Right to a Public Hearing. The council shall have authority as the governing body of the city to generally supervise and hire or fire any employee of the city, and may delegate all or part of such authority to responsible city management personnel, provided that whenever any employee of the City of Lumber City is fired or requested or induced to resign from his position of employment with the city, that person shall have the right if he so desires, to request and have a full and complete public hearing before the city council for the purpose of determining the reason or reasons for such firing or requesting or inducment of resignation. If requested, such public hearing shall be held within a reasonable time, but not less than thirty (30) days following such request. Said public hearing may be held in conjunction with a regular meeting of the council. Section 2.14. Administrative Duties of Mayor. The mayor shall be the executive head of the city government and shall be 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. The mayor may conduct inquiries and investigations into the conduct of the city affairs and shall have such powers and duties as may be provided by ordinance and not inconsistent with this Act. Section 2.15. City Manager. 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 2.16. City Attorney. The council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered
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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 municipal court, shall attend the meetings of the council as directed, and shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs. Section 2.17. Oath of Office. Before a person takes 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 Lumber City 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 2.18. City Planning. The council may create and establish a planning commission pursuant to the provisions of general law as they now exist or as they may hereafter be amended. ARTICLE III MUNICIPAL COURTS Section 3.01. Court Authorized; Jurisdiction. The City of Lumber City shall have a municipal court which shall have jurisdiction over all violations of the laws and ordinances of said city. Section 3.02. Judge of Municipal Court. The council shall elect a judge and make him presiding officer of said court. The judge so elected shall serve at the pleasure of the council,
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and his compensation shall be fixed by the council. The city attorney may also serve as the municipal court judge. Before entering on the duties of his office, the judge of the municipal court 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 3.03. Powers, Maximum Penalty, Contempt. The presiding officer of the municipal court shall have jurisdiction to try all offenses against the laws and ordinances of the City of Lumber City and to punish violators of the same. Said court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; and to punish witnesses for nonattendance. The presiding officer of said municipal court shall have power and authority to impose fines for the violations of any law or ordinance of the City of Lumber City passed in accordance with this Act to an amount not to exceed five hundred dollars ($500.00), or to imprison offenders in the city jail or Telfair County jail for a period of not more than thirty (30) days, or to sentence offenders to labor on the streets or other public works of the City of Lumber City for not more than thirty (30) days. Said presiding officer shall have the power and authority to impose any one or more of these punishments, when in the opinion of the court the facts justify it. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, and to issue subpoenas for these purposes, and to issue such other processes as may be necessary to the proper administration of said court, and to punish for contempt, provided such punishment for contempt shall not exceed a fine of one hundred dollars ($100.00) or imprisonment in jail for not more than ten (10) days, either one or both. Section 3.04. Justice of Peace Power; Committing Magistrate. The presiding officer of municipal court shall be to all intents and purposes a justice of the peace so as to enable
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him to issue warrants for offenses committed within the corporate limits of the City of Lumber City, and if upon the trial of any case in said court, it shall appear that any person on trial has committed an offense against the State of Georgia, it shall be the duty of said presiding officer to commit said person to jail or admit him to bail in bailable cases, for his appearance at the present or the next term of a court of competent jurisdiction. Section 3.05. 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 Telfair County from the municipal 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 3.06. Time, place for Holding Court to be Designated by Council. The municipal court shall be held at such times and places as the council may designate. Section 3.07. Arrest by Police Officers; Right to Bail and Recognizance. All police officers of said city shall have the power and authority to arrest persons when there is established probable cause to believe that such persons have violated any ordinances of the city or laws of the State, and to confine them in the city prison or the common jail of Telfair County. Such persons shall be brought before the municipal court for the purpose of a commitment hearing following such arrest as soon as practicable, but not later than the next session of the municipal court, and if there exists probable cause to believe that an offense has been committed and that the defendant committed it, the judge of the municipal court shall bind the defendant over for trial, and shall grant him bail or recognizance if the offense is bailable under ordinance of State law. If said probable cause does not appear, the judge shall discharge the defendant.
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Section 3.08. Acceptance of Cash or Property in Lieu of Surety Bond. The judge of the municipal court, in his discretion, may accept cash or real or personal property as surety for the happening of an event or act concerning matters before the municipal court. Said property or cash shall be deposited with the appropriate person, official or other depository as prescribed by ordinance, in an amount or equivalent cash value to be determined by the judge. If property offered and accepted for said security is realty, or immovable or cumbersome personal property, the municipal court may exercise its authority and control over such property by posting written notice in a conspicuous place in or on such property that it is in the custody of said court. Section 3.09. Forfeiture of Bond, Cash, or Property on Failure to Appear. Whenever any defendant shall give bail for his appearance and shall fail to appear at the time fixed for the trial, his bond shall be forfeited by the judge of said municipal court, and an execution thereon issued by serving the defendant and his sureties with a rule nisi, at least two (2) days before the hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of offenders at trial and if such offenders fail to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge of said municipal court declared forfeited to the City of Lumber City or the property so deposited shall have a lien against it for the amount of value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. Section 3.10. Court Costs. In all cases in the municipal court of the City of Lumber City, 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. 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
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prosecution of offenders in the municipal court and in the issuance and collection of tax and other executions, and for their collection and payment into the city treasury. Section 3.11. Rules for Court. With the approval of the council, the judge of the municipal court shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the 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 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 IV FISCAL ADMINISTRATION Section 4.01. Property Taxes. 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 Lumber City. 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 provided by Code section 92-4001 or by any other Georgia law. Section 4.02. Listing, Assessing and Collecting Taxes. 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. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city deemed taxable by municipal corporations under the general laws of the State for the purposes of raising revenues to defray the costs of operating the city government, providing governmental services, and for other public purposes as determined by
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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 Lumber City is hereby exempted from the provisions of Code sections 92-4101 through 92-4104, inclusive. Section 4.04. Tax Due Dates and Tax Bills. 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. 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. Georgia 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 State or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this Act on delinquent taxes, fees, assessments or other amounts due to the city. Section 4.06. Special Assessments. 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 (30) days after their due dates and shall thereupon be subject to a penalty of ten (10) percent of the
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amount due in addition to fi. fa. charges or shall thereafter be subject to interest at the rate of nine percent 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. The council may provide by ordinance for the levy of such license and occupation fees as well as occupation taxes upon the residents of the City of Lumber City, 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 rules and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violations thereof. Section 4.08. Garbage Collection Service Charges. The council may provide by ordinance for the assessment and collection of fees, taxes, charges or tolls for garbage collection services rendered within or without the corporate limits of the City of Lumber City, in order to defray the cost of collection and disposal of garbage through the garbage facilities of said city. If unpaid, the garbage collection service fee, tax charge or toll 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 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.
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Section 4.09. Transfer of Executions. The city clerk of the City of Lumber City 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. 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 Act 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. Revenue bonds may be issued by the council as provided by an Act, known as the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as now or hereafter amended. Section 4.12. Budget. The city government of Lumber City shall be operated on a budget. The council shall set, by ordinance, 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 Lumber City for at least two consecutive issues after the budget is adopted each year.
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ARTICLE V ELECTIONS Section 5.01. Regular Elections. Time for holding and taking office. The regular election for mayor and councilmen, or for councilmen as the case may be, shall be held on the first Tuesday in December of each year. Run-off elections, if required, shall be held on the third Tuesday in December of the same year. Officials elected at any regular election shall take office on the first Tuesday in January next following such election, or as soon thereafter as possible. Section 5.02. Notice of Candidacy. Any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the municipal superintendent not later than 12:00 noon on the first Saturday in November preceding the election in which he wishes to run. 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. A qualifying fee of twenty-five dollars ($25.00) shall be paid by each candidate in a regular or special election at the time his notice of candidacy is filed. Section 5.03. Qualifications for Mayor and Councilmen. To be eligible for the office of mayor or councilman, elected or appointed, a person must meet the qualifications for members of the State House of Representatives as prescribed in Article III, Section VI, Paragraph I of the State Constitution, as now or hereafter amended, must meet the requirements of a qualified elector for members of the General Assembly, as prescribed by State law, must be a registered voter of the City of Lumber City and must be a bona fide resident of the City of Lumber City for at least one year next preceding the election in which he offers as a candidate.
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Section 5.04. Qualifications of Electors. Any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of the City of Lumber City for at least ninety days next preceding the election in which he desires to vote or such period as may otherwise be provided by Code Title 34A, the Georgia Municipal Election Code, shall be qualified to register as an elector in any city election held under this Act. Section 5.05. Applicability of General Laws. Except as otherwise provided by this Act, the election of all officials of the City of Lumber City 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 Code Title 34A, the Georgia Municipal Election Code, as it now exists or may hereafter be amended. If any time period established by the Election Code conflicts or is altered so as to conflict with, 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 Act and the general law of the State. Section 5.06. Time of Election. The polls shall be open 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 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 Code section 34A-604, as it now exists or may hereafter be amended. Section 5.08. 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 Tuesday in December, 1973, and on said date every two years thereafter, a general election shall be held
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for mayor and the three councilmen whose terms of office are expiring. The candidate for mayor who receives a majority of votes cast in said election and the three 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. On the first Tuesday in December, 1974, 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 candidates for councilmen in said election 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. 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 Tuesday in December, a run-off election shall be held between the two candidates receiving the highest number of votes in such election. Said run-off election shall be held on the third Tuesday in December of the same year. The candidate for mayor or for any council seat receiving a majority of the votes cast in such run-off election shall be declared the winner. Section 5.09. Rules. The council is hereby authorized to enact by ordinance such additional rules consistent with this Act and general laws as are deemed necessary for the conduct of elections. Section 5.10. Absentee Ballots. The council in its discretion is authorized to provide by ordinance for absentee ballots. ARTICLE VI SEVERABILITY Section 6.01. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared
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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 VII REPEALER Section 7.01. 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 1973 session of the General Assembly of Georgia, a bill to re-incorporate the City of Lumber City and provide for a new charter for said city; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 13th day of February, 1973. /s/ L. Jack Strickland Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Strickland who, on oath, deposes and says that he is Representative from the 116th 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
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of Telfair County, on the following dates February 15, 22, March 1, 1973. /s/ Jack Strickland Representative, 116th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. APPLING COUNTYCOMPENSATION OF COMMISSIONERS CHANGED. No. 651 (House Bill No. 1168). An Act to amend an Act creating the Board of Commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, particularly by an Act approved March 6, 1961 (Ga. L. 1961, p. 2194), so as to change the compensation of the commissioners of Appling 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 Board of Commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, particularly by an Act approved March 6, 1961 (Ga. L. 1961, p. 2194), is hereby amended by striking the second paragraph of section 5(a) in its entirety, and inserting in lieu thereof a new paragraph of section 5(a), to read as follows:
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Each of said commissioners, including the chairman, shall be paid as compensation for his services as such commissioner an annual salary of $1,500.00, payable in equal monthly installments of $125.00, out of the treasury of Appling County which salary shall be full compensation for all services rendered as a county commissioner of every kind whatever. It shall be unlawful for any commissioner to be paid or receive any additional sum from Appling County for any services of any nature, except the commissioners may be reimbursed from county funds for any reasonable expenses incurred by them in making authorized trips outside the limits of the county on county business. Salaries. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, P. 650), as amended, so as to change the compensation of the commissioners of Appling County; to repeal conflicting laws; and for other purposes. This 7 day of February, 1973. /s/ L. Jack Strickland Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Strickland who, on oath, deposes and says that he is Representative
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from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner which is the official organ of Appling County, on the following dates: February 15, 22, March 1, 1973. /s/ Jack Strickland Representative, 116th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. APPLING COUNTYCOMPENSATION OF MEMBERS OF BOARD OF EDUCATION CHANGEDREFERENDUM. No. 652 (House Bill No. 1169). An Act to change the compensation of the members of the Board of Education of Appling County; to provide for an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The members of the Board of Education of Appling County shall receive as compensation for their services as such a salary of $75.00 per month, which shall be paid from the school fund appropriated to the county.
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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 Appling County to issue the call for an election for the purpose of submitting this Act to the voters of the Appling County School District for approval or rejection. The ordinary shall set the date of such election for the same date as the general primary election for the nomination of candidates for members of the General Assembly in 1974. The ordinary shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Appling County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act increasing the compensation of the members of the Board of Education of Appling County from $25.00 to $75.00 per month 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 on the first day of the month following the month in which the election provided for in this Section is held, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Appling 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 1973 session of the General Assembly of Georgia,
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a bill to change the compensation of the members of the Board of Education of Appling County; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 7 day of February, 1973. /s/ L. Jack Strickland Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersignated authority, duly authorized to administer oaths, Jack Strickland who, on oath, deposes and says that he is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner which is the official organ of Appling County, on the following dates: February 15, 22, March 1, 1973. /s/ Jack Strickland Representative, 116th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires Dec. 18, 1973. (Seal). Approved April 17, 1973.
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APPLING COUNTYSMALL CLAIMS COURTSFILLING VACANCIES IN OFFICE OF JUDGE PROVIDED. No. 653 (House Bill No. 1170). An Act to amend an Act establishing a Small Claims Court for Appling County, approved March 27, 1972 (Ga. L. p. 2615), so as to provide for the filling of vacancies in the office of judge; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a Small Claims Court for Appling County, approved March 27, 1972 (Ga. L. 1972, p. 2615), is hereby amended by adding at the end of section 3 the following: In the event a vacancy occurs in the office of judge of said court for any reason, said vacancy shall be filled by the appointment of a duly qualified person by the senior judge of the Superior Court of Appling County. Any person so appointed to fill a vacancy shall serve for the remainder of the unexpired term which he was appointed to fill., so that when so amended, section 3 shall read as follows: 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 Appling 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 substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. In the event a vacancy occurs in the office of judge of said court for any reason, said vacancy shall be filled by the appointment of a duly qualified person by the senior judge of the Superior Court of Appling County. Any person so appointed to fill a vacancy shall
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serve for the remainder of the unexpired term which he was appointed to fill. 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 1973 Session of the General Assembly of Georgia a Bill to amend an act establishing a Small Claims Court for Appling County approved March 27, 1972, p. 2615 so as to provide for the fillings of vacancies in the office of Judge to repeal conflicting laws and for other purposes. /s/ Jack Strickland Representative, District Post 1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Strickland who, on oath, deposes and says that he is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner which is the official organ of Appling County, on the following dates: February 15, 22, March 1, 1973. Jack Strickland Representative, 116th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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JACKSON COUNTYSTATE COURT TERMS CHANGED, ETC. No. 654 (House Bill No. 1171). An Act to amend an Act establishing the State Court of Jackson County (formerly the City Court of Jefferson), approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 523), and an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), so as to change the terms of the State Court of Jackson County; to provide for the trial of criminal cases by a jury of six members; to provide for jury panels; to provide for strikes; to provide for practices and procedures in connection with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Jackson County (formerly the City Court of Jefferson), approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, particularly by an Act approved March 28, 1935 (Ga. L. 1935, p. 523), and an Act approved April 11, 1968 (Ga. L. 1968, p. 3668), is hereby amended by striking subsection (a) of Section 1 of said amendatory Act, approved March 28, 1935 (Ga. L. 1935, p. 523), in its entirety, and inserting in lieu thereof a new subsection (a), to read as follows: (a) The terms of the State Court of Jackson County shall be the third Monday in February, the third Monday in May, the third Monday in August and the third Monday in November of each year. Terms. Section 2. Said Act is further amended by adding, following section 27, a new Section to be designated section 27A, to read as follows: Section 27A. Any other provision of this Act to the contrary notwithstanding, all criminal cases tried in the State Court of Jackson County on or after May 15, 1973, shall be tried by a jury of six members. Such jury shall be stricken
Page 3575
alternately by the defendant and State from a panel of twelve qualified prospective jurors. The defendant shall be entitled to three peremptory strikes and the State shall be entitled to three peremptory strikes. The State shall be entitled to the first such strike and the defendant shall be entitled to the last such strike, and the six remaining jurors shall compose the jury. Jury trials. Section 3. All laws and parts of laws 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 1973 Session of General Assembly of Georgia a bill to amend the act creating State Court of Jackson County (formerly City Court of Jefferson) and for other purposes. This the 29th day of January, 1973. Lauren W. McDonald, Jr. 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 31; February 7th and February 14th, 1973, to amend the act creating the State Court of Jackson County (formerly City Court of Jefferson) and for other purposes. Herman A. Buffington Sworn to and subscribed before me, this 2nd day of March, 1973. /s/ Billy N. Elder Clerk Superior Court, Jackson County, Jefferson, Georgia. (Seal). Approved April 17, 1973.
Page 3576
TAYLOR COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 655 (House Bill No. 1174). 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, so as to change the compensation provisions relating to the sheriff and his deputy; to change the provisions relating to materials, supplies and emergency equipment; to provide for the employment of necessary personnel; 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. 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, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff shall receive a salary of $9,000.00 per annum, payable in equal monthly installments from the funds of Taylor County; provided, however, that upon the sheriff accumulating 24 years of service in such office, the annual salary shall be $10,000.00. The sheriff shall furnish his own automobile out of the salary paid to him by Taylor County. The sheriff shall receive $50.00 per month for operating expense and maintenance of his automobile from the funds of Taylor County, but shall be responsible for any operating expenses and maintenance over such amount. 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 $2.50 per day per prisoner for each prisoner confined in the county jail. Sheriff.
Page 3577
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. The sheriff, during his term of office, shall have the sole power and authority 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. The salary of said deputy shall be fixed by the governing authority of Taylor County based on salaries of members of the Georgia State Patrol with similar periods of service, education and training. The sheriff shall also have the authority to appoint such other 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. Deputy. Section 3. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. The county shall furnish the deputy of the sheriff with an automobile equipped with a radio and all emergency equipment. The county shall be responsible for the operating expenses, repairs and replacement of such automobile and equipment. The automobile of the deputy shall be replaced after accumulating 80,000 miles; provided, however, that if such automobile is not replaced, the county shall
Page 3578
continue to be responsible for the operating expenses and repairs of such automobile and equipment. Automobile. Section 4. Said Act is further amended by adding in section 7, between the word and symbol materials, and the word furnishings, the word and symbol uniforms,, so that when so amended, section 7 shall read as follows: Section 7. The necessary operating expenses of the sheriff's office, expressly including the compensation of the sheriff and his deputy, shall be paid from any funds of the county available for such purpose. All supplies, materials, uniforms, furnishings, furniture and utilities as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. Expenses. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced in the 1973 session of the Georgia General Assembly a bill to change the compensation of the County Commissioners, Sheriff's Office, Tax Commissioner, Clerk of the Superior Court Office and the Ordinary's Office of Taylor County, and for other purposes. Ward Edward District 95, Post 1 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 95th District, and that the attached copy of Notice of Intention
Page 3579
to Introduce Local Legislation was published in the Taylor County News which is the official organ of Taylor County, on the following dates: February 8, 15, 22, 1973. Ward Edwards Representative, 95th District Sworn to and subscribed before me, this 6th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF LUDOWICICHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 656 (House Bill No. 1175). An Act to amend an Act creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), as amended, 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 creating a new charter for the City of Ludowici, approved August 18, 1923 (Ga. L. 1923, p. 701), 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 corporate limits of the City of Ludowici shall be all the territory contained within the following boundary:
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BEGINNING at the intersection of Sweetwater Branch and the northeast margin of Jones Creek Swamp and running along Sweetwater Branch to the northeast margin of Georgia Highway 99; thence running in a southeasterly direction along the margin of Georgia Highway 99 south 41 30[Prime] east 12 chains to a point; thence running in a northeasterly direction north 55 east 17 chains to the southwest margin of the Old Macon and Darien Public Road; thence in a northwesterly direction along the southwest margin of the Old Macon and Darien Public Road to the channel of Sweetwater Branch; thence follow the channel of Sweetwater Branch in a northerly direction to where the center of Sweetwater Branch intersects the eastern boundary of the Seaboard Coastline Railroad right-of-way; thence in a northeasterly direction along the southeast right-of-way of the Seaboard Coastline Railroad 11.54 chains along bearing north 58 east to the northeast side of the Georgia Power Company power lines; thence along the northeast side of said Georgia Power Company power lines to the northwest side of the Old Ludowici-Hinesville Public Road; thence running in a northeasterly direction along the northwest margin of the Old Ludowici-Hinesville Public Road north 19 east 8 chains to the southwest margin of Gordon Road; thence running in a northwesterly direction along the southwest margin of Gordon Road north 41 west 14 chains to a point; thence running in a southwesterly direction south 59 west 50 chains to the northeast margin of U. S. Highway No. 301; thence running in a southeasterly direction along the margin of U. S. Highway 301 south 41 east 5.45 chains to a point; thence turn and run in a southwesterly direction south 58 west 70 chains to the northeast margin of Jones Creek; thence follow the margin of Jones Creek Swamp in a southeasterly direction 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 there will be introduced in the 1973 Session of the General Assembly of Georgia, Regular Session, local legislation to extend the Ludowici City Limits
Page 3581
as now defined to include certain property and citizens in the 24th G. M. District of Long County, Georgia, adjacent to the existing Ludowici City Limits. This 13th day of February, 1973. /s/ Dewey Rush State Representative 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 104th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 15, 22, March 1, 1973. /s/ Dewey D. Rush Representative, 104th District Sworn to and subscribed before me, this 6th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 13, 1976. (Seal). Approved April 17, 1973. GARDEN CITYNEW CHARTER. No. 657 (House Bill No. 1184). An Act to create a new Charter for the City of Garden City; to prescribe the corporate limits of said City; to provide for the government of said City and its corporate powers;
Page 3582
to provide for governing authority of said City and for the election, terms of office and powers and duties of the members thereof; to provide for all matters relative to the foregoing; to provide for severability; to repeal specific Acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. CREATION, INCORPORATION, POWERS. Section 1.10. Incorporation. This Act shall constitute a new Charter for Garden City (hereinafter at times referred to as the City) repealing and replacing the Charter as provided by an Act approved March 24, 1941 (Ga. L. 1941, p. 1461), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 3209), an Act approved February 12, 1952 (Ga. L. 1952, p. 2303), an Act approved February 3, 1955 (Ga. L. 1955, p. 2014), an Act approved February 7, 1955 (Ga. L. 1955, p. 2044), an Act approved March 13, 1957 (Ga. L. 1957, p. 3088), an Act approved February 21, 1958 (Ga. L. 1958, p. 2243), an Act approved March 10, 1959 (Ga. L. 1959, p. 3014), an Act approved March 17, 1960 (Ga. L. 1960, p. 2863), an Act approved March 27, 1965 (Ga. L. 1965, p. 2759), an Act approved March 2, 1966 (Ga. L. 1966, p. 2965), and by an Act approved April 10, 1969 (Ga. L. 1969, p. 2584). The City of Garden City, Georgia, in the County of Chatham, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of Garden City, Georgia. Under that name, said City shall continue to be vested with all the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever.
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Section 1.11. Corporate Boundaries. (a) The corporate limits of Garden City, Georgia, shall include all that territory within the following described boundaries: Beginning at a point located on the southern right of way line of the Pipemakers Canal at its intersection with the eastern right of way line of U. S. Highway 17; thence from said point of beginning continuing eastwardly along the southern right of way line of Pipemakers Canal to its intersection with the properties of the Georgia Ports Authority; thence in a southwestwardly direction along the western property line of the Georgia Ports Authority to a point where the Georgia Ports Authority property line intersects the eastern right of way line of U. S. Highway No. 17; thence in a southeastwardly direction along the eastern right of way line of U. S. Highway No. 17 to a point where said right of way line intersects the existing corporate limits of the City of Savannah; thence following the existing corporate limits of the City of Savannah in a northwesterly direction for a distance of approximately 600 feet, more or less, to a point where said corporate limits of the City of Savannah intersects the southeast right of way line of U. S. Highway 80; thence in a southwestwardly direction along the southeastern and southern right of way line of U. S. Highway 80 to a point at which said southern right of way line of U. S. Highway No. 80 intersects the eastern right of way line of the Seaboard Coast Line Railroad; thence in a northwesterly direction along the eastern right of way line of the Seaboard Coast Line Railroad to a point where the eastern right of way line of the Seaboard Coast Line Railroad right of way intersects the southern right of way line of Pipemakers Canal; thence in an easterly direction along the southern right of way line of Pipemakers Canal to a point where said southern right of way line of the Pipemakers Canal intersects the western right of way line of Georgia Highway No. 21; thence in a northwesterly direction along the western right of way line of Georgia Highway No. 21 to a point at which the western right of way line of Georgia Highway No. 21 intersects the southern right of way line of Bourne Avenue; running thence eastwardly across Georgia Highway No. 21 to a point where the eastern right of way line of Georgia Highway No. 21 intersects the southern right of
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way line of Bourne Avenue; thence running in a southeastwardly direction along the eastern right of way line of Georgia Highway No. 21 to the point at which the eastern right of way line of Georgia Highway No. 21 intersects the southern right of way line of Pipemakers Canal; thence in an easterly direction along the southern right of way line of Pipemakers Canal to a point at which the southern right of way line of Pipemakers Canal intersects the western right of way line of U. S. Highway No. 17; running thence generally northwardly along the western right of way line of U. S. Highway No. 17 to a point at which the western line of the right of way of U. S. Highway No. 17 meets the present corporate limits of the City of Port Wentworth; thence running eastwardly and across U. S. Highway No. 17 along the southern corporate limits of the City of Port Wentworth to the eastern right of way line of U. S. Highway No. 17; thence southerly along the eastern right of way line of U. S. Highway No. 17 to a point at which the western right of way line of U. S. Highway No. 17 intersects the southern right of way line of the Pipemakers Canal, being the point of beginning; for a more complete description, reference is hereby made to a plat prepared by Hussey, Gay Bell, C. E., dated February 19, 1973, entitled Corporate Limits of Garden City, Georgia, and recorded in the Office of the Clerk of Superior Court of Chatham County, Georgia, in Plat Record Book W, Folio 169, and which by reference thereto is made a part hereof. The current boundaries of Garden City, at all times, shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the Clerk of Council and to be designated, as the case may be: Map (or Description) of the Corporate Limits of Garden City, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or addition to such map or description. Such entries or additions shall be made by and
Page 3585
under the direction of the Mayor. Photographic, typed, or other copies of such map or description certified by the Clerk of Council shall be admitted in evidence in all courts and shall have the same force and effect as the original map or description. (b) The Mayor and Councilmen may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Powers Defined. (a) The government of Garden City shall have all rights, powers, privileges and authority herein conferred or herein enlarged, and such other powers as may be necessary or desirable including all rights, powers, privileges and authority whether expressed or implied that may now or hereafter be granted to municipal corporations by the Constitution of Georgia and laws of this State. (b) The rights, powers, privileges and authority heretofore enjoyed, herein retained or herein claimed shall subsist, notwithstanding the repeal of any law, until any such right, power, privilege or authority be altered or taken away by amendment to this Charter. (c) The City in addition to the rights, powers, privileges and authority expressly conferred upon it by this Charter, shall have the right, power, privilege and authority 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 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 functions.
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(d) No enumeration of any right, power, privilege or authority hereinafter made, and no repeal of any law under which the government derives any rights, power, privilege or authority, shall be construed as limiting or abolishing any right, power, privilege or authority hereinabove set forth. (e) The corporate powers of the government of Garden City, to be exercised by the Mayor and Councilmen, shall, without limiting the foregoing, include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on property as provided herein; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the City, to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (4) To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this Charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City; (6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;
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(7) To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the Mayor and Councilmen, under Title 36 of the Code of Georgia of 1933, as now or hereafter amended, or under other applicable Public Acts as are or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of twenty (20) years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission; (10) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the City; (11) To grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies,
Page 3588
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 Title 36 of the Code of Georgia of 1933 as now or hereafter amended, or other applicable Public Acts, as are or may be enacted; (13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes and to regulate all housing, building, and building trades; to license all building trades, and to license the construction and erection of buildings and all other structures; (15) To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (16) To regulate or prohibit junk dealers; to regulate and control pawn shops; the manufacture, sale or transportation of intoxicating liquors; the use and sale of firearms; and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (18) To license, tax, regulate, or prohibit professional fortune telling or palmistry; (19) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions
Page 3589
upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances; (20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (21) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the City; (22) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (25) To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (26) To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the
Page 3590
sewerage system a sewer service charge, fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (27) To charge impose and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (28) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; (29) To define a nuisance and provide for its abatement whether on public or private property; (30) To provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (31) To establish minimum standards for and to regulate building, construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing, for the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards; (32) To provide that persons given jail sentences in the Recorder's Court shall work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to the City Jail or any county correctional institution or jail by agreement with the appropriate county officials; (33) To adopt ordinances and regulations for the prevention of disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the City and to prohibit the playing of lotteries therein, and to prohibit or
Page 3591
regulate by ordinance such other conduct and activities within said City which, while not constituting an offense against the laws of this State, is deemed by the Mayor and Councilmen to be detrimental and offensive to the peace and good order of the City or to the welfare of the citizens thereof; (34) To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of any ordinance enacted hereunder; (35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the City; (36) To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (37) To provide and maintain a system of pensions and retirement for officers and employees of the City; (38) To levy and provide for the collection of special assessments against abutting property for paving, curbing, and guttering streets, paving sidewalks, installing drainage systems and any other public improvements; (39) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (40) To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer
Page 3592
upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the City and the inhabitants thereof, and for preserving the health, peace, order and good government of the City; (42) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of the State of Georgia; (43) To exercise the power of arrest through duly appointed policemen; (44) To establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City. Section 1.13. Construction. The powers of the City shall be construed liberally and in favor of the City. The specific mention or failure to mention particular powers in this Charter shall not be construed as limiting in any way the general power of the City as stated in this Charter. It is the intention hereof to grant the City full power and right to exercise all governmental authority necessary for the effective operation and conduct of the City and all of its affairs. Section 1.14. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into execution as provided by ordinance of the Mayor and Councilmen and as provided by pertinent laws of the State of Georgia.
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Section 1.15. Ordinances. All ordinances, bylaws, rules and regulations now in force in the City not inconsistent with this Charter, are hereby declared valid and of full effect and force until amended or repealed by the Mayor and Councilmen. ARTICLE II. LEGISLATIVE BRANCH Chapter 1. Governing Body Section 2.10. Creation; Compensation, Number; Election. The legislative authority of the government of Garden City except as otherwise specifically provided in this Charter, shall be vested in a City Council to be composed of a Mayor and seven (7) Councilmen. The Mayor and Councilmen shall be elected in the manner provided by Article V of this Charter. Section 2.11. Term and Qualifications of Office. The members of the Council shall serve for terms of two (2) years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or Councilman unless he shall have been a resident of the City for a period of one (1) year immediately prior to the date of the election of Mayor or member of the Council; shall continue to reside therein during his period of service; and shall be registered and qualified to vote in municipal elections of Garden City; and unless he shall meet the qualifications required of members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) VacanciesThe office of Mayor or Councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this Charter or the laws of the State of Georgia. (b) Forfeiture of OfficeThe Mayor or any Councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed
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by this Charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this Charter; or (3) is convicted of a crime involving moral turpitude. (c) Filling of VacanciesA vacancy in the office of Mayor or Councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Expenses. The Mayor and Councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14. Prohibitions. (a) Holding other officeExcept as authorized by law, no member of the Council shall hold any other elective City office or City employment during the term for which he was elected. (b) Voting When Personally InterestedNeither the Mayor nor any other member of the Council shall vote upon any question in which he is personally interested. Section 2.15. Inquiries and Investigations. The Council may make inquiries and investigations into the affairs of the City and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the Council shall be punished as provided by ordinance. Section 2.16. General Power and Authority of the Council. (a) Except as otherwise provided by law or by this Charter, the Council shall be vested with all the powers of government of Garden City as Provided by Article I. (b) In addition to all other powers conferred upon it by law, the Council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this Charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace,
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good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of Garden City and may enforce such ordinances by imposing penalties for violation thereof. (c) The Council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments, of the City and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this Charter. Chapter 2. Organization and Procedures. Section 2.20. Organization. (a) On the second Thursday following each regular City election, the Council shall hold a special meeting at which the oath of office shall be administered to the Mayor and Councilmen as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of (Mayor or Councilman as the case may be) of the City and that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) The Council shall meet for organization at its first regular meeting next following each regular City election. The Council by majority vote of all the members thereof shall elect one of their number to be Mayor Pro Tem., who shall serve for a term of two (2) years and until his successor is elected and qualified. (c) The Council shall appoint a Clerk of Council to keep a journal of its proceedings and to maintain in a safe place of all records and documents pertaining to the affairs of the City, and to perform such other duties as may be required by law or as the Council may direct. (d) The Council may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this Charter and the ordinances of the City consistent therewith. The tax collector
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shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale or foreclosure of taxes by municipalities. (e) The Council may appoint a City Accountant to perform the duties of an accountant. Section 2.21. Regular and Special Meetings. (a) The Council shall hold regular meetings at such times and places as prescribed by ordinance. The Council may recess any regular meeting and continue such meeting on any weekday or hour it may fix, and may transact any business at such continued meeting that may be transacted at any regular meeting. (b) Special meetings of the Council may be held on call of the Mayor or three (3) members of the Council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residence at least twenty-four (24) hours in advance of the meeting. Such notice shall not be required if the Mayor and all Councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the Council shall be public, except where otherwise provided by law. Section 2.22. Rules of Procedure. The Council shall adopt its rules of procedure and order of business consistent with the provisions of this Charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 2.23. Quorum; Voting. The Mayor and 4 Councilmen, or 5 Councilmen shall constitute a quorum and shall be authorized to transact business of the Council. Voting
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on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal; but any member of the Council shall have the right to request a roll call vote. A majority vote of the quorum shall be required for the adoption of any ordinance, resolution, or motion. The Mayor may vote in the event of a tie vote. Section 2.24. Action Requiring an Ordinance. (a) Except as herein provided, every official action of the Council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of Garden City hereby ordains.... (b) An ordinance may be introduced by any member of the Council and read at a regular or special meeting of the Council. Ordinances shall be considered and adopted or rejected by the Council in accordance with the rules which it shall establish; provided, however, ordinances shall not be adopted until the next regular meeting of the Council following the meeting of their initial introduction, except ordinances may be adopted at the first meeting where they are orginially introduced upon the affirmative vote of all Councilmen present. The Clerk shall read the heading of the ordinance, shall distribute a copy to the Mayor, and shall file a copy in the office of the Clerk. Section 2.25. Codes of Technical Regulations. (a) The Council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that (1) the requirements of section 2.24 for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the Clerk pursuant to section 2.27.
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(b) Copies of any adopted code of technical regulations shall be made available by the Clerk for distribution or for purchase at a reasonable price. Section 2.26. Submission of Ordinances to the Mayor. (a) Every ordinance adopted by the Council shall be presented promptly by the Clerk to the Mayor. (b) The Mayor, within ten (10) calendar days of receipt of an ordinance, shall return it to the Clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the Mayor, it shall become law upon its return to the Clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth (10th) calendar day after its adoption; if the ordinance is disapproved, the Mayor shall submit to the Council through the Clerk a written statement of his reasons for his veto. The Clerk shall record upon the ordinance the date of its delivery to and receipt from the Mayor. (c) Ordinances vetoed by the Mayor shall be presented by the Clerk to the Council at its next regular meeting and should the Council then or at its next regular meeting adopt the ordinance by an affirmative vote of five (5) members, it shall become law. (d) The Mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the City Council over the Mayor's veto as provided herein. Section 2.27. Signing; Authenticating. (a) The Clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the Council. Every ordinance shall be signed by the Mayor as a matter of course after final adoption. (b) The Council shall cause the general and permanent ordinances and the amendments to this Charter to be printed periodically, and the printed ordinances and Charter
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amendments shall be made available for purchase by the public at reasonable prices to be fixed by the Council. Following publication of the first Code of Garden City and at all times thereafter, the ordinances and Charter amendments shall be printed in substantially the same style as the Code currently in effect and shall be suitable in form for incorporation therein. The Council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the Code. ARTICLE III. EXECUTIVE BRANCH Chapter 1. Mayor Section 3.10. Chief Executive Officer. The Mayor shall be the chief executive of Garden City. He shall possess, have, and exercise all of the executive and administrative powers granted to the City under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this Charter. Section 3.11. Term; Qualifications; Compensation. The Mayor shall be elected for a term of two (2) years and until his successor is elected and qualified. He shall be a qualified elector of Garden City; shall meet the qualifications required of members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution; and shall have been a resident of Garden City for a period of one (1) year immediately preceding his election. He shall continue to reside in Garden City during the period of his service. In addition to the Mayor's actual and necessary expenses incurred in the performance of his duties of office as provided in Section 2.13, the Mayor shall be entitled to be reimbursed for any actual time lost from his regular employment while performing his official duties as Mayor subject to such reimbursement being at the same rate of compensation received in his regular employment and further subject to such reimbursement being approved at a regular Council Meeting by four affirmative votes of the Councilmen present.
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Section 3.12. Powers and Duties (a) As the chief executive of Garden City, the Mayor shall: (1) see that all laws and ordinances of the City are faithfully executed; (2) appoint and remove all officers, department heads, and employees of the City except as otherwise provided in this Charter; (3) exercise supervision over all executive and administrative work of the City and provide for the coordination of administrative activities; (4) prepare and submit to the Council a recommended annual operating budget and recommended capital budget; (5) submit to the Council at least once a year a statement covering the financial and general conditions of the City and from time to time such other information as the Council may request; (6) recommend to the Council such measures relative to the affairs of the City, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expendient; (7) call special meetings of the Council as provided for in section 2.21; (8) approved or disapproved ordinances as provided in section 2.27; (9) examine and audit all accounts of the City before payment; (10) require any department, agency or officer of the City to submit written reports on the duties thereof whenever he deems it expedient; (11) appoint and be an ex officio member of all standing committees and special committees of the City Council;
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(12) preside at all meetings of the City Council; (13) see that all meetings are conducted in a parliamentary manner, and shall preserve order and decorum in such meetings; (14) see that all funds of the City are properly accounted for and that all revenues are properly and promptly collected; (15) inspect or cause to be inspected the records and books of account of the officers of the City and shall see that they are properly and correctly kept; (16) see that order is maintained in the City and that its property and effects are preserved; (17) perform such other duties as may be required by law, this Charter or ordinance. (b) The said Mayor shall have authority to: (1) Inflict punishment upon any person guilty of contempt of the Council by imposing such sentence or penalty as may be authorized by the ordinances of the City; (2) Bind the City by signing any contract, obligation or other matter entered into and authorized by ordinance or resolution of the Council, properly passed in accordance with the provisions of this Charter; (3) Do acts and things as may be proper and necessary in the proper conduct of the affairs of the City and as may be hereafter authorized. Section 3.14. Mayor Pro Tem. During the absence or disability of the Mayor for any cause, the Mayor Pro Tem., or in his absence or disability for any reason, any one of the Councilmen chosen by the Council, shall be clothed with all the rights and privileges of the Mayor and shall perform the duties of the office of the Mayor so long as such absence or disability shall continue.
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Chapter 2. Organization and General Provisions Section 3.20. Administrative and Service Departments. (a) The Council may establish, abolish, merge, or consolidate offices, positions of employment, departments and agencies of the City, as they shall deem necessary for the proper administration of the affairs and government of the City. The Council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices and agencies hereafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the City. (b) The operations and responsibilities of each department now or hereafter established in the City shall be distributed among such divisions or bureaus as may be provided by the Council. Each department shall consist of such officers, employees, and positions as may be provided by this Charter or by ordinance consistent therewith, and shall be subject to the general supervision and guidance of the Mayor and Council. (c) Except as otherwise provided by this Charter, the directors of departments and other appointed officers of the City shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this Charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by the City Council.
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Section 3.21. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities of the City shall be appointed by the Council in such manner and for such terms of office as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this Charter or by applicable State law. (b) No member of any board, commission or authority of the City shall hold any elective office in the City. (c) Any vacancy in office of any member of a board, commission, or authority of the City shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this Charter or any applicable State law. (d) No member of any board, commission or authority shall assume office until he shall have executed and filed with the Clerk of Council an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be administered by the Mayor. (e) Any member of a board, commission or authority may be removed from office for cause by a vote of four (4) members of the Council. (f) Members of boards, commissions and authorities may receive expenses in the performance of their official duties as approved by the Council. (g) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (h) Except as otherwise provided by this Charter or by applicable State law, each board, commission and authority of the City government shall elect one of its members as chairman and one member as vice chairman for terms of one (1) year and may elect as its secretary one of its own members or may appoint as secretary an employee of the City. Each board, commission, or authority of the City
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government may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinances of the City, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the Clerk of Council. Section 3.22. City Attorney. The Council shall appoint a City Attorney, together with such assistant 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 shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the judge 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 may be required of him by virtue of his position as City Attorney. Section 3.23. Consolidation of Functions. The Council may consolidate any two or more of the positions of Clerk of Council, City Tax Collector, and City Accountant, or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Chapter 3. Personnel Administration Section 3.30. Personnel Policies. The Council shall adopt rules and regulations consistent with this Charter concerning personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of Garden City. ARTICLE IV. RECORDER'S COURT Section 4.10. Continuation. The Recorder's Court of Garden City shall continue as said Court and shall have jurisdiction and authority to try offenses against the laws and ordinances of the City and to punish for a violation of the same. Such Court shall have the power and authority to enforce its judgments by the imposition of such penalties
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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 constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said Court shall be presided over by the Recorder. In the absence or disqualification of the Recorder, the Recorder Pro Tem shall preside and shall exercise the same powers and duties as the Recorder when so acting. Should both the Recorder and Recorder Pro Tem become disqualified, then the Council may designate any member of the State Bar of Georgia to preside with the same powers and duties as the Recorder when so acting. Section 4.11. Recorder; Recorder Pro Tem. (a) The Council shall appoint a Recorder and a Recorder Pro Tem at its organization meeting to serve for terms of two (2) years and until their successors are elected and qualified. The Mayor may be the Recorder Pro Tem. The Council shall fix the compensation of the Recorder and the Recorder Pro Tem. (b) The Recorder Pro Tem shall serve in the absence or disability of the Recorder. (c) Before entering on the duties of their offices, the Recorder and Recorder Pro Tem shall take an oath before an officer duly authorized to administer oaths in this State, that they will truly, honestly and faithfully discharge the duties of their offices to the best of their ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the Council. Section 4.12. Convening. Said Court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof.
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Section 4.13. Jurisdiction; Powers. (a) The Recorder's Court shall try and punish for crimes against Garden City and for violation of its ordinances. The Recorder's Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $50.00 or 10 days in jail. The Recorder's Court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500 or imprisonment for 90 days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 90 days. Persons sentenced to imprisonment may be taken to a confinement or correctional facility of either Garden City or Chatham County. (b) The Recorder's Court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (c) The Recorder's Court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said Court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the Recorder presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the Recorder declared forfeited to Garden City, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.
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(d) The Recorder's Court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The Recorder's Court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said Court. (f) The Recorder's Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this Charter or by State law. (g) The Recorder's Court is specifically vested with all the jurisdiction and powers throughout the entire area of Garden City granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Chatham 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 that any person who fails to file his appeal within 10 days of the date of his conviction shall be deemed to have waived any such right. An appeal to the Superior Court shall be a de novo proceeding. Section 4.15. Rules for Court. With the approval of the Council, the Recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Recorder's Court; provided, however, that the Council may adopt in whole or in part the rules and regulations relative to the procedure 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 Clerk of Council, shall be available for public inspection, and, upon request, a copy shall be furnished
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to all defendants in Recorder's Court proceedings at least 48 hours prior to said proceedings. Section 4.16. Powers. The Mayor, Recorder, and Recorder Pro Tem shall have ex officio the powers of a justice of the peace to issue warrants for the violation of criminal laws of the State committed in Garden City, to commit offenders on examination to jail or to bail them in the case of a bailable offense to appear before the court having jurisdiction, or to exercise any other power or authority of a justice of the peace as provided by law. ARTICLE V. ELECTIONS Section 5.10. Applicability of General Laws. The procedures and requirements for election of all elected officials of Garden City as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, approved April 4, 1968 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.11. Qualifying; Nomination and.Election of Candidates; Absentee Ballots. The Council may, by ordinance, prescribe rules and regulations consistent with law governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, purging of registration lists, and such other rules and regulations as may be necessary for the conduct of elections in Garden City. The candidate for Mayor receiving the highest number of votes shall be deemed elected Mayor, and the seven (7) candidates receiving the highest number of votes for Councilmen shall be deemed elected Councilmen. Section 5.12. Regular Elections; Time for Holding. A Mayor and seven Councilmen shall be elected on the first Monday in December, 1973, and on said date biennially thereafter. Their terms of office shall begin at the day and hour of taking the oath of office as provided in section 2.20 of this Charter. Section 5.13. Vacancies. In the event that the office of Mayor or Councilman shall become vacant for any cause
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whatsoever, said vacancy in office shall be filled by appointment by the remaining members of the Council. Section 5.14. Registration of Electors. (a) The Council may elect either to maintain its own registration or provide for the registration of electors by resolution, or other appropriate measure, stating that any person who is a resident of the City and who is registered as an elector with the board of registrars of the county, and meets the municipal residency requirement, shall be eligible to vote in a primary or election. (b) In the event the Council does not elect to maintain its own registration, it may nevertheless appoint registrars as provided by law whose duties shall include the purging of the City's list of electors under the provisions of the Georgia Municipal Election Code. (c) No person shall vote in any Garden City primary or election unless he shall be a registered voter, qualified to vote in Chatham County elections, and qualified as required by law to vote in municipal elections in Garden City. ARTICLE VI. FINANCE AND FISCAL Chapter 1. Taxation Section 6.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by Garden City. The Council shall use the county assessment for the year in which the City taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.11. Tax Levy. The Council shall be authorized to levy an ad valorem tax on all taxable 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 as determined by the Council in its discretion. The Council is also authorized to provide for
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sufficient levy to pay principal and interest on the general obligations. Garden City is hereby exempted from the provisions of the Georgia Code section 92-4101 through 92-4104 inclusive. Section 6.12. Tax Due Dates and Tax Bills. 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 in installments, or in one lump sum, and when and how and upon what terms such taxes shall be due and payable, as well as to authorize the voluntary payment of taxes prior to the time when due. Section 6.13. Collection of Delinquent Taxes. The Council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the Clerk of Council or Tax Collector and executed by any police officer of the city 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 upon which City property taxes are levied, as of the assessment date of each year, which lien 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 on other amounts due to the City. Section 6.14. Licenses; Occupational Taxes; Excise Taxes. The Council by ordinance shall have full power to levy such license and specific or occupation taxes upon the residents of Garden City, 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; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful
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manner; to enact ordinances and regulations necessary or proper to carry out the powers herein conferred; and to prescribe penalties for the violation thereof. The Council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.15. Sewer Service Charges. The Council by ordinance shall have the right, power and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of Garden City and to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said City. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as the lien for City property taxes. Section 6.16. Sanitary and Health Services Charge. The Council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services necessary in the operation of the City from all individuals, firms and corporations residing or in doing business in said City benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except 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 6.17. Special Assessments. The Council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, paving, or otherwise improving any public way, street, sidewalk, curbing, gutters, sewers, other utility mains and appurtenances, or
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other public improvements against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten per cent and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this Article for City property taxes. Section 6.18. Transfer of Executions. The Clerk of Council shall be authorized to assign or transfer 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 hereinafter provided by law. Section 6.19. Referendum. Notwithstanding any other provision of this Charter, the ad valorem tax levied for the purpose of raising revenues to defray the costs of operating the City government, providing governmental services, or for any other public purpose shall not be greater than two (2) mills unless a higher annual tax levy shall be approved by a referendum of the qualified voters of the City.
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Chapter 2. Indebtedness Section 6.20. General Obligation Bonds. 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 6.21. Revenue Bonds. Revenue bonds may be issued by the Council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937 known as the Revenue Bond Law (Ga. L. 1937, p. 761) as now or hereafter amended, or by any other Ga. law as now or hereafter provided. Section 6.22. Short Term Notes. Pursuant to applicable State law, the City may obtain temporary loans between January 1 and December 31 of each year. Chapter 3. Accounting and Budgeting Section 6.30. Fiscal Year. The Council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each office, department or institution, agency and activity of the City government, unless otherwise provided by State or Federal law. Section 6.31. Submission of Operating Budget to City Council. On or before a date fixed by the Council but not later than thirty (30) days prior to the beginning of each fiscal year, the Mayor shall submit to the Council a proposed operating budget for the ensuing fiscal year. The operating budget hereinafter provided for and all supporting documents shall be filed in the office of the Clerk of Council and shall be open to public inspection. Section 6.32. Action by Council on Budget. (a) The Council may amend the operating budget proposed by the Mayor; except, that the budget as finally amended and
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adopted must provide for all expenditures required by law or by other provisions of this Charter and for all debt service requirements for the ensuing fiscal year. (b) The Council shall adopt the final operating budget for the ensuing fiscal year not later than seven (7) days prior to the beginning thereof. If the Council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the Council adopts a budget for the ensuing fiscal year. Section 6.33. Property Tax Levies. As the next order of business following adoption of the operating budget, The Council shall levy by ordinance an annual tax on all real and personal property within Garden City. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of Garden City. Section 6.34. 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 in the fund to which it applies. Chapter 4. Procurement and Property Management Section 640. Contracting Procedures. All contracts shall be made or authorized by the Council, and no contracts shall bind the City unless reduced to writing and approved by the Council. Section 6.41. Centralized Purchasing. (a) The Council shall by ordinance prescribe procedures for a system of centralized purchasing for Garden City.
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(b) The Council may sell and convey any real or personal property owned or held by Garden City for governmental or other purposes, at a public or private sale, with or without advertisement, for such consideration as it shall deem equitable and just for the City. ARTICLE VII. MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Section 7.10. Streets. The Council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon, and otherwise to exercise complete control over the streets, alleys, squares and sidewalks of Garden City. The Council shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys or sidewalks or other public places within the City and shall adopt appropriate ordinances to accomplish this purpose. Section 7.11. Municipal Utilities. The Council shall have the power and authority to acquire, own, hold, build, maintain and operate a system of waterworks, electric lights, sewerage, and gas distribution; 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 the services of any of said systems to consumers outside the corporate limits of Garden City. Section 7.12. Sewers and Drains. The Council shall have the power and authority to provide for the establishment, extension, and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes the City is granted the power of eminent domain both within and without its corporate limits. The Council may provide by ordinance for reasonable connection fees for tapping on to the water and sewer lines of said City, and may compel citizens to tap into the same when such service is made available. They may
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cause said connection to be made when the owners refuse, and issue executions to be made for the amount so expended, which execution shall create a lien on the property connected with said water and sewerage systems from the date of the order or connection. Section 7.13. Right-of-Way. The City shall have the right, easement and franchise of laying the necessary mains, pipes, conduits and drains, for waterworks and sewerage system purposes along the highways in Chatham County without cost; it shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and watershed, from which the water supply is taken, from contamination and to protect said waterworks and sewerage system, including the mains, pipes, and conduits whether the same be situated within or without the corporate limits of said City. Section 7.14. Power to Regulate and License. The Council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature, engaged in or carried on within the limits of Garden City, regardless of whether or not the subject has an office or establishment within said City. The Council shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and laws of the United States and the State of Georgia. This power is conferred for the purpose of regulation under the police powers of the City and for the purpose of raising revenue for the operation of the City government through the imposition of a tax or fee on the privilege of operating within the City. This Authority extends over individuals, partnerships, associations, corporations, and their agents, and any other legal entity capable of transacting business. Section 7.15. Franchises. The Council shall have authority to exercise control over the use of streets of Garden City. The power is hereby conferred upon the Council to grant franchises for the use of said City's streets and alleys,
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for the purposes of railroads, street railways, telephone companies, electric companies, gas companies, and transportation companies. This franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipes, lines or conduits both above and below the ground surface. The Council shall determine the duration, provisions, terms, whether the same shall be exclusive or non-exclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of twenty (20) years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Council shall provide for the registration of all franchises with the Clerk of Council in the registration book to be kept by him. The Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 7.16. Building, Housing, Electrical, and Plumbing Regulations. The Council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing, and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the Council, be exercised by adoption of any such standard building, housing, gas heating and airconditioning, electrical, and plumbing codes as may be deemed appropriate. The Council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted, and to charge reasonable fees for inspections and permits; and may require the obtaining of a permit as a condition precedent to any construction, building, electrical work or plumbing work. The Council may enact all ordinances necessary to enforce such rules and regulations. ARTICLE VIII. GENERAL PROVISIONS Section 8.10. Official Bonds. The officers and employees of Garden City, both elective and appointive, shall execute such official bonds in such amounts and upon such terms
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and conditions as the City Council may from time to time require. Section 8.11. Existing Ordinances, Rules and Terms of Office. Existing ordinances and resolutions of Garden City not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended by the Council. Existing rules and regulations of departments or agencies of Garden City not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended. Existing terms of office of elected officials of Garden City shall continue until the first officials elected under this charter have taken office. Section 8.12. Section Captions. The captions to the several sections of this Charter are informative only and are not to be considered as a part thereof. Section 8.13. Penalties. The violation of any provision of this Charter for which no penalty is specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $500 dollars or by imprisonment not to exceed 90 days or both such fine and imprisonment. Section 8.14. Severability. If any Article, section, subsection, paragraph, sentence, or part thereof of this Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that all Articles, sections, subsections, paragraphs, sentences or parts thereof be enacted separately and independently of one another. Section 8.15. Effective Date. This Charter shall become effective upon its approval by the Governor or upon its becoming law without his approval.
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Section 8.16. Specific Repealer. An Act approved March 24, 1941 (Ga. L. 1941, p. 1461), as amended by an Act approved February 21, 1951 (Ga. L. 1951, p. 3209), an Act approved February 12, 1952 (Ga. L. 1952, p. 2303), an Act approved February 3, 1955 (Ga. L. 1955, p. 2014), an Act approved February 7, 1955 (Ga. L. 1955, p. 2044), an Act approved March 13, 1957 (Ga. L. 1957, p. 3088), an Act approved February 21, 1958 (Ga. L. 1958, p. 2243) an Act approved March 10, 1959 (Ga. L. 1959, p. 3014), an Act approved March 17, 1960 (Ga. L. 1960, p. 2863), an Act approved March 27, 1965 (Ga. L. 1965, p. 2759), an Act approved March 2, 1966 (Ga. L. 1966, p. 2965), and by an Act approved April 10, 1969 (Ga. L. 1969, p. 2584), is hereby repealed in its entirety on the effective date of this Act; provided however, the members of the governing authority of Garden City heretofore elected shall continue to serve as members of the governing authority of said City until the expiration of their terms of office. Section 8.17. Repealed. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply for local legislation of the next regular Session of the General Assembly of Georgia, which meets on the second Monday in January, 1973, to be entitled an Act to reincorporate Garden City in the County of Chatham, 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 power of said 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, expenses, 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 municipal services and regulatory functions; to provide for authority to acquire, own, hold,
Page 3620
build, maintain and operate various desired utility systems; to provide for the continuation of Recorder's Court; to provide for the appointment of the recorder and recorder pro tem; to provide for the 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 conflicting laws, and for other purposes. This 20th day of December, 1972. R. W. Bazemore, Mayor Garden City, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Triplett who, on oath, deposes and says that he is Representative from the 111th 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: February 17, 24, March 3, 1973. /s/ Tom Triplett Representative, 111th District Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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TAYLOR COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED, ETC. No. 658 (House Bill 1189). 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, so as to change the compensation of the tax commissioner; to change the compensation of the secretary 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, is hereby amended by striking from section 5 the following: $9,000.00, and inserting in lieu thereof the following: $9,900.00, 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 $9,900.00 per annum, to be paid in equal monthly installments from the funds of Taylor County. Salary. Section 2. Said Act is further amended by striking from Section 5A the following: five thousand four hundred ($5,400.00), and inserting in lieu thereof the following:
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five thousand six hundred and seventy ($5,670.00), so that when so amended, section 5A shall read as follows: Section 5A. The Tax Commissioner of Taylor County shall have authority to appoint a secretary to assist in the duties of such office. Such secretary shall perform the duties specified by the tax commissioner. The secretary shall receive an annual salary of five thousand six hundred and seventy ($5,670.00) dollars, payable in equal monthly installments from the funds of Taylor County. Secretary. 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 Legislation. Notice is hereby given that there will be introduced in the 1973 session of the Georgia General Assembly a bill to change the compensation of the County Commissioners, Sheriff's Office, Tax Commissioner, Clerk of the Superior Court, Office and the Ordinary's Office of Taylor County, and for other purposes. Ward Edwards District 95, Post 1 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 95th 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
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Taylor County, on the following dates: February 8, 15, 22, 1973. /s/ Ward Edwards Representative, 95th District Sworn to and subscribed before me this 7th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. APPLING COUNTYPROVISIONS RELATING TO SHERIFF'S DEPUTIES CHANGED, ETC. No. 659 (House Bill No. 1190). An Act to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector and the Tax Receiver of Appling County on annual salaries, approved March 10, 1964 (Ga. L. 1964, p. 2681), so as to change the provisions relating to the compensation of the sheriff; to change the provisions relating to deputies of the sheriff; to provide that the sheriff shall have the authority to appoint not less than three deputies; to provide for the compensation of deputy sheriffs; to change the provisions relating to the secretary of the sheriff; to change the compensation of the clerk of the superior court; to change the provisions relating to secretaries of the clerk of the superior court and their compensation; to authorize the clerk to appoint two secretaries; to change the compensation of the tax collector; to change the compensation of the tax receiver; to change the compensation of the
Page 3624
tax receiver's assistant; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector and the Tax Receiver of Appling County on annual salaries, approved March 10, 1964 (Ga. L. 1964, p. 2681), 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 Appling County shall receive an annual salary of $10,000.00 per annum, payable in equal monthly installments from the funds of Appling County. The sheriff shall have the authority to appoint not less than three deputies, each of whom shall be compensated in the amount of $7,200.00 per annum, payable in equal monthly installments from the funds of Appling County. The sheriff shall also have the authority to appoint one secretary who shall be compensated in the amount of $3,600.00 per annum, payable in equal monthly installments from the funds of Appling County. Sheriff. Section 2. Said Act is further amended by striking section 3 in its entirety, and inserting in lieu thereof a new section 3, to read as follows: Section 3. The clerk of the superior court shall receive an annual salary of $9,000.00 per annum, payable in equal monthly installments from the funds of Appling County. The clerk of the superior court shall have the authority to appoint two secretaries who shall be compensated in the amount of $3,600.00 per annum each, payable in equal monthly installments from the funds of Appling County. Clerk. Section 3. Said Act is further amended by striking from section 4 the following: The tax collector of Appling County shall receive an annual salary of $6,900.00 per annum, payable in equal
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monthly installments from the funds of Appling County., and inserting in lieu thereof the following: The tax collector of Appling County shall receive an annual salary of $7,999.00 per annum, payable in equal monthly installments from the funds of Appling County. The tax collector shall also receive those commissions allowed by Section 3 of an Act, relating to the sale of motor vehicle license plates in the various counties, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, but shall not receive the commissions provided for by section 3 of an Act amending section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax receivers and tax collectors of State and county taxes, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, particularly by an Act approved April 8, 1965 (Ga. L. 1965, p. 626)., Tax collector. so that when so amended, section 4 shall read as follows: Section 4. The tax collector of Appling County shall receive an annual salary of $7,999.00 per annum, payable in equal monthly installments from the funds of Appling County. The tax collector shall also receive those commissions allowed by section 3 of an Act, relating to the sale of motor vehicle license plates in the various counties, approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, but shall not receive the commissions provided for by section 3 of an Act amending section 92-5301 of the Code of Georgia of 1933, by changing the classes and amounts of commissions allowed to tax receivers and tax collectors of State and county taxes, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, particularly by an Act approved April 8, 1965 (Ga. L. 1965, p. 626). The tax collector shall have the authority to appoint one secretary who shall be compensated in the amount of $2,100.00 per annum, payable in equal monthly installments from the funds of Appling County. Tax collector. Section 4. Said Act is further amended by striking section 5 in its entirety, and inserting in lieu thereof a new section 5, to read as follows:
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Section 5. The tax receiver of Appling County shall receive an annual salary of $5,000.00 per annum, payable in one lump sum on August 1 of each year or on the date on which the tax receiver certifies, under oath, that the tax digest and tax returns have been completed, whichever occurs first. The tax receiver shall have the authority to appoint an assistant for twenty (20) days at $15.00 per day when preparing the tax digest. Such assistant shall be paid on August 1 of each year or upon certification from the tax receiver that the preparation of the tax digest has been completed, whichever occurs first. Tax receiver. 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 Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Tax Collector and the Tax Receiver of Appling County on annual salaries, approved March 10, 1964 (Ga. L. 1964, p. 2681), so as to change the provisions relating to deputies of the sheriff; to provide that the sheriff shall have the authority to appoint not less than three deputies; to provide for the compensation of deputy sheriffs; to change the compensation of the clerk of the superior court; to change the compensation of the tax collector; to change the compensation of the tax receiver; to repeal conflicting laws; and for other purposes. This 7 day of February, 1973. L. Jack Strickland Representative, 116th District
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Strickland who, on oath, deposes and says that he is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner which is the official organ of Appling County, on the following dates: February 15, 22, March 1, 1973. /s/ Jack Strickland Representative, 116th District Sworn to and subscribed before me this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. BRYAN COUNTYNUMBER OF DEPUTY SHERIFF'S INCREASED, ETC. No. 660 (House Bill No. 1191). An Act to amend an Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2616), as amended, particularly by an Act approved March 26, 1969 (Ga. L. 1969, p. 2406) so as to increase the number of deputy sheriffs; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2616), as amended, particularly by an Act approved March 26, 1969 (Ga. L. 1969, p. 2406) 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 salaries of the following county officers of Bryan County shall be as follows: Salaries. Sheriff $9,000.00 per annum Each Deputy Sheriff, 20th GMD 5,400.00 per annum Each Deputy Sheriff, 19th and 1380th GMD 5,400.00 per annum Clerk of Superior Court 7,000.00 per annum All salaries payable under this Act shall be paid in equal monthly installments. There shall be two deputy sheriffs for the 20th GMD and two deputy sheriffs for the 19th and 1380th GMD. In addition to the salaries provided for above, the sheriff and deputy sheriffs shall each receive an automobile expense allowance in the amount of $150.00 per month. All deputies employed by the sheriff under the provisions of this Act shall be approved by the governing authority of Bryan County. 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 state that local legislation will be introduced in the 1973 General Assembly of the State of Georgia to
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increase the number of deputies in the sheriff's department and for other purposes. Bryan County Board of Commissioners By Eugene Mock, Clerk 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 92nd 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 8, 15, 22, 1973. /s/ Hines L. Brantley Representative, 92nd District Sworn to and subscribed before me this 8th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TAYLOR COUNTYCOMPENSATION OF SUPERIOR COURT CLERK CHANGED. No. 661 (House Bill No. 1194). An Act to amend an Act abolishing the mode of compensating the Clerk of the Superior Court of Taylor County, known as the fee system, and providing in lieu thereof an
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annual salary, approved April 5, 1971 (Ga. L. 1971, p. 3190), 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 abolishing the mode of compensating the Clerk of the Superior Court of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, approved April 5, 1971 (Ga. L. 1971, p. 3190), is hereby amended by striking from section 2 the following: $12,000, and inserting in lieu thereof the following: $9,450.00, so that when so amended, section 2 shall read as follows: Section 2. The Clerk of the Superior Court shall receive an annual salary of $9,450.00, payable in equal monthly installments from county funds. Salary. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Legislation. Notice is hereby given that there will be introduced in the 1973 session of the Georgia General Assembly a bill to change the compensation of the County Commissioners, Sheriff's Office, Tax Commissioner, Clerk of the Superior Court Office and the Ordinary, Office of Taylor County and for other purposes. Walt Edward District 95, Post 1
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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 95th 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 8, 15, 22, 1973. /s/ Ward Edwards Representative, 95th District Sworn to and subscribed before me this 6th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF NAHUNTACHARTERCOUNTY ELECTION DATE CHANGED, ETC.REFERENDUM. No. 662 (House Bill No. 1195). An Act to amend an Act incorporating the City of Nahunta, approved July 28, 1925 (Ga. L. 1925, p. 1273), as amended, so as to change the date of the municipal general election; to change the size of the city council; to stagger the terms of office of the mayor and aldermen; to change the provisions relating to the election of the mayor and aldermen and the practices and procedures in connection with such elections; to provide for filling
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vacancies; to change the provisions relative to quorums of the city council; to authorize the council to adopt ordinances to regulate traffic; to change the compensation of the mayor and aldermen; to extend the terms of office of the mayor and aldermen in office on July 1, 1973; to provide for other matters relative to the foregoing; to provide an effective date; to provide for a referendum; to repeal an Act amending the Act incorporating the City of Nahunta, approved April 3, 1972 (Ga. L. 1972, p. 3710); 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 Nahunta, approved July 28, 1925 (Ga. L. 1925, p. 1273), 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 government of the City of Nahunta shall be vested in a mayor and four aldermen, to be known as the city council, who shall hold office as hereinafter provided; provided, however, that effective January 1, 1974, the government of the City of Nahunta shall be vested in a mayor and six aldermen, to be known as the city council, who shall hold office as hereinafter provided. City council. Section 2. Said Act is further amended by striking in its entirety section 5 and substituting in lieu thereof a new section 5, to read as follows: Section 5. (a) In the event a vacancy occurs in the office of mayor or alderman for any reason, the city council shall order a special election to fill the vacancy. However, if the vacancy in the office of mayor or alderman occurs within six (6) months from the date of the next regular election, the city council shall select some fit and proper person to serve out the unexpired term of office in which the vacancy occurs. Vacancies.
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(b) Any person desiring to be a candidate for mayor or alderman in a regular city election shall file his notice of candidacy with the city clerk at least 15 days prior to the election. Section 3. Said Act is further amended by striking in its entirety section 7 and substituting in lieu thereof a new section 7, to read as follows: Section 7. (a) The general election for the City of Nahunta shall be held on the first Wednesday in December of each year. At the general election to be held on the first Wednesday in December, 1973, a mayor and six aldermen shall be elected. The term of office of the mayor shall be for two years and until his successor is elected and qualified. In order to be elected as mayor a candidate shall receive a majority of the votes cast in such election for the office of mayor. In the event no candidate receives a majority of the votes cast, there shall be a run-off election between the two candidates receiving the highest number of votes cast for the office of mayor. The run-off election shall be held under the same laws, rules and regulations governing regular municipal elections and shall be held at such time as provided by Code Title 34A, the Georgia Municipal Election Code, as amended. At said 1973 general election, all persons seeking election as aldermen shall qualify for election without designating any specific post or position on the council. The six candidates receiving the highest numbers of votes shall be elected. The three candidates receiving the highest numbers of votes shall serve for an initial term of office of two years and until their respective successors are elected and qualified. The three candidates receiving the next highest numbers of votes shall serve for an initial term of office of one year and until their respective successors are elected and qualified. Following the initial terms of office, the terms of office of aldermen shall be two years and until their respective successors are elected and qualified. Following the general election in 1973, there shall be elected three aldermen in the general election in each succeeding year. All candidates for alderman shall qualify as provided herein, and the three candidates receiving the highest numbers
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of votes shall be elected. Candidates elected to the offices of mayor or alderman shall take office on the first day of January following the general election. In the event an election is not held for any reason at the regular time provided for herein, it shall be the duty of the city council to order a special election as early as practicable thereafter, and said election shall be held as a special election. Election. (b) The mayor and aldermen serving as such on July 1, 1973, shall continue to serve as such until December 31, 1973, and until their successors are elected and qualified. Section 4. Said Act is further amended by adding, following section 15, a new section, to be designated section 15A, to read as follows: Section 15A. Any provision of section 15 or any other provision of this Act to the contrary notwithstanding, effective January 1, 1974, the mayor and three aldermen shall constitute a quorum for the transaction of any business before the city council at any regular or special meeting. Quorum. Section 5. Said Act is further amended by inserting between sections 16 and 17, a new section, to be known as section 16A, to read as follows: Section 16A. The council shall be authorized to adopt ordinances regulating traffic within the city and to enforce such ordinances by providing for appropriate penalties for violations thereof. Ordinances. Section 6. Said Act is further amended by striking in its entirety section 20 and substituting in lieu thereof a new section 20, to read as follows: Section 20. The compensation or salaries of all officers, servants and employees of the city shall be fixed by the city council. The mayor shall receive a salary of $150.00 per month. Each alderman shall receive a salary of $20.00 per month. Salaries.
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Section 7. The provisions of sections 1, 3 and 4 of this Act shall become effective as provided in section 8. The remaining sections of this Act shall become effective on the first day of the month following the month in which this Act is approved by the Governor or becomes law without his approval. Effective date. Section 8. 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 the City of Nahunta to issue the call for an election for the purpose of submitting Sections 1, 3 and 4 of this Act to the voters of the City of Nahunta 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 Brantley County. The ballot shall have written or printed thereon the words: () Yes () NO Shall Sections 1, 3 and 4 of the Act amending the charter of the City of Nahunta by changing the date of the municipal general elections for the city, increasing the number of aldermen from four to six aldermen, staggering the terms of office of the mayor and aldermen, changing the provisions relating to the elections of the mayor and aldermen and the practices and procedures in connection with such elections, changing the provisions relative to the quorum of the mayor and aldermen, and extending the terms of office of the mayor and aldermen in office on July 1, 1973, be approved? Referendum. All persons desiring to vote in favor of sections 1, 3 and 4 of the Act shall vote Yes, and those persons desiring to vote for rejection of Sections 1, 3 and 4 shall vote No. If more than one-half of the votes cast on such question are for approval of sections 1, 3 and 4 of the Act, they shall
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become of full force and effect, otherwise they shall be void and of no force and effect. The expense of such election shall be borne by the City of Nahunta. It shall be the duty of the governing authority to hold and conduct such election. The governing authority 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 the further duty of the governing authority to certify the result thereof to the Secretary of State. Section 9. An Act amending an Act incorporating the City of Nahunta, approved April 3, 1972 (Ga. L. 1972, p. 3710), is hereby repealed in its entirety. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Nahunta, approved July 28, 1925 (Ga. L. 1925, p. 1273), as amended, so as to change the date of the municipal general election; to stagger the terms of office of the mayor and aldermen; to change the provisions relating to the election of the mayor and aldermen and the practices and procedures in connection with such elections; to provide for filling vacancies; to authorize the council to adopt ordinances to regulate traffic; to change the compensation of the mayor and aldermen; to extend the terms of office of the mayor and aldermen in office on July 1, 1973; to provide for other matters relative to the foregoing; to provide an effective date; to provide for a referendum; to repeal an Act amending the Act incorporating the City of Nahunta, approved
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April 3, 1972 (Ga. L. 1972, p. 3710); to repeal conflicting laws; and for other purposes. This 13th day of February, 1973. Bobby A. Wheeler Representative, 127th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby A. Wheeler who, on oath, deposes and says that he is Representative from the 127th 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: February 15, 22, March 1, 1973. /s/ Bobby A. Wheeler Representative, 127th District Sworn to and subscribed before me this 8th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. COBB COUNTYSTATE COURTCOMPENSATION OF JUDGES CHANGED. No. 663 (House Bill No. 1196). An Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 5,
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1971 (Ga. L. 1971, p. 3148), so as to change the salary provisions relating to 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 Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3148), is hereby amended by striking from section 23 the figure $24,000.00 and inserting in lieu thereof the figure $28,500.00, 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 $28,500.00 per annum, payable in equal monthly installments from the funds of Cobb County. The clerk of the State Court shall receive an annual salary 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. The provisions of this Act shall become effective on January 1, 1974. 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-March 1973 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
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Court of Cobb County, approved March 28, 1964 (Ga. L. 1964, p. 3211), and for other purposes. This 20th day of December, 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger G. Robert Howard Travis Duke A. L. Burruss Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. L. Burruss 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 Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 19, 26, February 2, 1973. /s/ A. L. Burruss Representative, 21st District Sworn to and subscribed before me this 7th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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COBB COUNTY BOARD OF COMMISSIONERSDISCLOSURE OF MEMBERS' INTEREST IN REZONING PROCEEDINGSPROVIDED, ETC. No. 664 (House Bill No. 1197). An Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to require certain Cobb County officials to disclose their interest in any real property being proposed for rezoning in Cobb County; to provide for the contents and method of filing the disclosure; 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 the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is hereby amended by adding a new Section between sections 23 and 23B, to be designated section 23A, to read as follows: Section 23A. (a) Upon application being made by any person to have a tract or parcel of real property in Cobb County rezoned, the chairman and each member of the board of commissioners and the chairman and each member of the planning and zoning commission shall fully and faithfuly disclose to the public any interest in such tract or parcel of real property which each owns, either in his own name, or his name and that of another or others, or in the name of his spouse, or any interest in such tract or parcel of real property in the name of a public or private corporation in which each owns more than 15% of the outstanding capital stock in such corporation. Disclosure. (b) The disclosure shall be made in affidavit form and filed with the ordinary of Cobb County, and a copy delivered to the planning and zoning commission. The affidavit shall contain the name of the owner or owners and the date the real property was purchased, and shall contain
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a sufficient legal description of the property to afford notice to the public. (c) The failure to file the affidavit of disclosure required herein within 20 days after such rezoning application shall cause the office of the person not filing such statement to be vacant as of the first day of the month following the 20th day. Any vacancy thus created shall be filled in the same manner as provided by law. 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-March 1973 Session of the General Assembly of Georgia, a bill to amend an act creating a Board of Commissioners of Roads and Revenue for Cobb County, Georgia approved June 19, 1964, (Ga. L. 1964, Ex. Sess., p. 2075); and for other purposes. This 20th day of December, 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger G. Robert Howard Travis Duke Ken Nix A. L. Burruss Joe Mack Wilson Hugh Lee McDaniell Howard Atherton Representatives
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Nix who, on oath, deposes and says that he is Representative from the 20th 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 19, 26, February 2, 1973. /s/ Ken Nix Representative, 20th District Sworn to and subscribed before me this 7th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF RIVERDALECHARTER AMENDEDAD VALOREM TAXATION PROVISIONS CHANGED. No. 665 (House Bill No. 1198). An Act to amend an Act incorporating the City of Riverdale in the County of Clayton and the State of Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, so as to change the provisions relating to ad valorem taxation; to provide 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 Riverdale in the County of Clayton and the State of Georgia, approved
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February 13, 1956 (Ga. L. 1956, p. 2205), as amended, is hereby amended by striking section 37 in its entirety and inserting in lieu thereof a new section 37, to read as follows: Section 37. Ad Valorem Rates. Be it further enacted that for the purpose of raising revenues for the support and maintenance of said City and to pay the principal and interest on the bonded indebtedness of said City as the same becomes due and payable, the City Council shall have full power and authority to levy, assess and collect, for the operation, maintenance, support and expenses of the government of said municipality and its various functions as well as the various departments, agencies, officers and employees thereof, an ad valorem tax on all property, real, personal and mixed, including money, notes, stocks, bonds and other evidences of debt, money used in banking and every other species of property in said City, or owned or held therein, which may be lawfully taxed by said City. The tax authorized herein shall not exceed thirteen mills levied on taxable value. The millage levied shall be sufficient to provide a sinking fund for the purpose of paying the principal and interest on the bonded indebtedness of said City as required by law. The ad valorem tax above authorized for general purposes, and the bond interest and sinking fund tax shall be levied by separate ordinances, and each shall specify the purpose of which the tax is levied. 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 Riverdale will apply to the 1973 session of the General Assembly of Georgia for passage of local legislation to amend an act incorporating the City of Riverdale, in the County of Clayton and State of Georgia, approved February 13, 1956 (Ga. L.
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1956, p. 2205), and all acts amendatory thereto, so as to provide for ad valorem tax rates and for other purposes. Lamar Hutcheson, Mayor City of Riverdale, Georgia This is to certify that Notice of Intention to Introduce Local Legislation re: amend an act incorporating the City of Riverdale, in the County of Clayton and State of Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2205), and all acts amendatory thereto, so as to provide for ad valorem tax rates and for other purposes, as shown in attached newspaper cutting was published in News/Daily, February 13, 20, 27 and March 6, 1973. /s/ Jim Wood, Publisher Sworn to and subscribed before me this the 6th day of March, 1973. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission expires Sept. 17, 1974. (Seal). Approved April 17, 1973. TAXATION STUDY COMMITTEE OF COBB COUNTY CREATED. No. 666 (House Bill No. 1206). An Act to create the Taxation Study Committee of Cobb 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:
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Section 1. (a) There is hereby created the Taxation Study Committee of Cobb County to be composed of 12 members selected as follows: six members shall be citizens of Cobb County appointed by the governing authority of Cobb County, and one member shall be appointed by the governing authority of each of the following municipalities of Cobb County: the City of Acworth, the City of Austell, the City of Kennesaw, the City of Marietta, the City of Powder Springs, and the City of Smyrna. The members appointed by the governing authorities of the municipalities shall be citizens of their respective municipalities. Created. (b) All members shall be appointed as provided herein within 30 days after the effective date of this Act. Any vacancy shall be filled by the appointing authority. (c) The Committee shall elect a chairman and such other officers from its own membership as it deems necessary or desirable. A majority of the full membership shall constitute a quorum for the transaction of business. The governing authority of Cobb County shall call the organizational meeting of the Committee which shall be held by not later than 60 days after the effective date of this Act. (d) The Committee shall meet on the call of the Chairman and shall establish rules and regulations governing the conduct of its study. (e) The members of the Committee shall serve without compensation but may be reimbursed for actual and necessary expenses incurred by them in carrying out their duties as members of the Committee. Section 2. It shall be the duty of the Committee to make a thorough study of the system of State, county and municipal taxation, applicable to the citizens of Cobb County, with particular reference to the relative tax burden of municipal residents and residents of the unincorporated areas of Cobb County. Upon the completion of said study, the Committee shall report its findings and recommendations to the governing authorities of the county, each municipality and each member of the General Assembly whose
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Senatorial or Representative District includes Cobb County or any portion thereof. Said report shall also be reproduced in sufficient quantity to supply the reasonable needs of the citizens of Cobb County. Study. Section 3. In carrying out its duties and responsibilities, the Committee 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 Cobb County and the municipalities located therein for such assistance. Said Committee may employ consultants and such special technical and clerical assistance as may be necessary to enable the Committee to carry out its duties and responsibilities. The Committee is hereby authorized to enter into a contract or contracts with persons or agencies to provide any information or assistance needed by the Committee in carrying out its duties and responsibilities. Duties. Section 4. (a) The funds necessary to carry out the provisions of this Act shall come from funds appropriated to the Committee by the governing authority of Cobb County and the governing authorities of the municipalities of Acworth, Austell, Kennesaw, Marietta, Powder Springs and Smyrna. The funds appropriated to the Committee shall be apportioned between Cobb County and said municipalities as follows: sixty (60%) percent shall come from the funds of Cobb County and forty (40%) percent shall come from the funds of said municipalities. The portion to be paid by said municipalities shall be prorated among such municipalities in accordance with the population that each such municipality bears to the combined population of all such municipalities, according to the United States Decennial Census of 1970. Provided, however, the total amount to be appropriated to the Committee shall not exceed $10,000 for the full period of its existence, unless the participating political subdivisions shall unanimously agree to appropriations being made to the Committee in excess of such figure. Funds. (b) Within thirty (30) days after the organizational meeting of the Committee, the Committee shall submit to
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the governing authority of Cobb County and to the governing authority of each of the participating municipalities a proposed budget for its period of operation. Said governing authorities are hereby authorized to appropriate funds to said Committee, as provided in subsection (a) of this Section, based on the proposed budget of the Committee. (c) The funds appropriated and authorized to be appropriated by Cobb County and the participating municipalities to the Committee by this Section are for public purposes and are directly related to essential administrative and other governmental functions of said County and municipalities. Section 5. The Committee is authorized to accept donations in any form from any source and use the same in any way the Committee may deem advisable to effectuate the aims and purposes of the Committee. Donations. Section 6. It is hereby found, determined and declared that the creation of the Committee and the carrying out of its purpose is in all respects for the benefit of the people of Cobb County and the municipalities located therein and is a public purpose and that the Committee will be performing an essential governmental function in the exercise of the power conferred upon it by this Act. Public purpose. Section 7. This Act, being for the welfare of the citizens of Cobb County and the municipalities located therein, shall be liberally construed to effect the purposes thereof. Construction. Section 8. The Committee created by this Act shall stand abolished on December 31, 1973. Any funds appropriated to the Committee which are unexpended on that date shall be returned to the governing authority of Cobb County and each of the participating municipalities in the same proportion that said funds were appropriated to the Committee by said governing authorities. Abolishment. Section 9. This Act shall become effective on the first day of the month following the month in which it is approved
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by the Governor or in which it becomes law without his approval. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February-March 1973 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Acworth, Georgia, (Ga. L. 1903, p. 413, et seq.), as heretofore amended, and for other purposes. This 20th day of December 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger Ken Nix Howard Atherton Travis Duke A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February-March 1973 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 amended to create a new Charter (Ga. L. 1971, p. 3620, et seq.), as heretofore amended, and for other purposes.
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This 20th day of December 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger Ken Nix Howard Atherton Travis Duke A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February-March, 1973 Session of the General Assembly of Georgia, a bill to amend an act creating a Board of Commissioners of Roads and Revenues for Cobb County, Georgia approved June 19, 1964, (Ga. L. 1964, Ex Sess., p. 2075), and for other purposes. This 20th day of December 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger G. Robert Howard Travis Duke Ken Nix A. L. Burruss Joe Mack Wilson Hugh Lee McDaniell Howard Atherton Representatives
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February-March 1973 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Marietta, Georgia (Ga. L. 1904, p. 519, et seq), as heretofore amended, and for other purposes. This 20th day of December 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger G. Robert Howard Travis Duke Ken Nix A. L. Burruss Joe Mack Wilson Hugh Lee McDaniell Howard Atherton Representatives Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February-March 1973 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Austell, Georgia (Ga. L. 1929, p. 862, et seq.), as heretofore amended; and for other purposes. This 20th day of December 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger Ken Nix Howard Atherton Travis Duke A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February-March 1973 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 amended to create a new charter (Ga. L. 1970, p. 2760, et seq.), as heretofore amended; and for other purposes. This 20th day of December 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger Ken Nix Howard Atherton Travis Duke A. L. Burruss Joe Mack Wilson G. Robert Howard Hugh Lee McDaniell Representatives Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February-March 1973 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Smyrna, Georgia (Ga. L. 1931, p. 955, et seq.), as heretofore amended; and for other purposes. This 20th day of December 1972. Joe L. Thompson J. H. Henderson, Jr. Tom Moore Senators George H. Kreeger G. Robert Howard Travis Duke Ken Nix A. L. Burruss Joe Mack Wilson Hugh Lee McDaniell Howard Atherton Representatives
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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Kreeger 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 Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 19, 26, February 2, 1973. /s/ George Kreeger Representative, 21st District Sworn to and subscribed before me this 7th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved April 17, 1973. TOWN OF EAST DUBLINCHARTER AMENDEDTERMS OF OFFICE CHANGED, ETC. No. 667 (House Bill No. 1207). An Act to amend an Act incorporating the Town of East Dublin in the County of Laurens, approved February 12, 1952 (Ga. L. 1952, p. 2369), as amended, so as to change the provisions relative to the terms of office and the election of the mayor and councilmen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of East Dublin in the County of Laurens, approved February 12, 1952
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(Ga. L. 1952, p. 2369), as amended, is hereby amended by striking section 18 in its entirety and substituting in lieu thereof a new section 18 to read as follows: Section 18. (a) For the purpose of electing the five councilmen of said Town, there shall be five Council Posts to be designated Council Posts 1 through 5, respectively. Each candidate for councilman shall designate the Council Post for which he is offering for election. Posts. (b) On the second Wednesday in November 1973, the mayor and five councilmen shall be elected for terms as follows: the mayor and councilmen from Posts 1 and 2 shall be elected for terms of two years, and the three councilmen from Posts 3, 4 and 5 shall be elected for initial terms of one year with all terms beginning on January 1, 1974. Thereafter, an election shall be held on the second Wednesday in November of each year at which the mayor and two councilmen or three councilmen, as the case may be, shall be elected for terms of two years beginning on the first day of January immediately following their election and until their successors are elected and qualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that a bill or bills will be introduced at the regular 1973 session of the General Assembly of Georgia to amend the charter of East Dublin, to redefine the limits of said municipality, to change the provisions as to elections and terms of office of municipal officials, and for other purposes. This 17th day of February, 1973. W. W. Larsen, Jr. Representative, District 102
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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 102nd 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 17, 24, March 3, 1973. /s/ W. W. Larsen, Jr. Representative, 102nd District Sworn to and subscribed before me this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF BOWDONNEW CHARTER. No. 669 (House Bill No. 1222). An Act to reincorporate the City of Bowdon in the County of Carroll; to create a new charter for the city; to prescribe the corporate limits of the city; to provide for the government of the 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
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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 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. GENERAL PROVISIONS Section 1.01. Reincorporation. This Act shall constitute the whole charter of the City of Bowdon, Georgia, repealing and replacing the charter approved August 12, 1910 (Ga. L. 1910, p. 408), as amended, particularly by an Act approved July 19, 1912 (Ga. L. 1912, p. 642), an Act approved August 8, 1922 (Ga. L. 1922, p. 598), an Act approved August 11, 1924 (Ga. L. 1924, p. 453), an Act approved March 4, 1937 (Ga. L. 1937, p. 1515), an Act approved March 24, 1939 (Ga. L. 1939, p. 901), an Act approved March 24, 1941 (Ga. L. 1941, p. 1188), an Act approved February 19, 1951 (Ga. L. 1951, p. 2626), an Act approved February 24, 1951 (Ga. L. 1951, p. 2911), an Act approved March 2, 1953 (Ga. L. 1953, p. 2897), an Act approved March 7, 1957 (Ga. L. 1957, p. 2804), an Act approved March 21, 1958 (Ga. L. 1958, p. 3005), an Act approved April 9, 1963 (Ga. L. 1963, p. 3207), an Act approved March 24, 1970 (Ga. L. 1970, p. 3362). Section 1.02. Corporate boundaries. The corporate limits of the city shall be described as follows: A circle, the radius of which is five thousand two hundred and eighty (5,280) feet, and the center of which is the
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point where East Bowdon Boulevard meets West Bowdon Boulevard and South Carroll Street meets North Carroll Street (these streets at times prior to 1973, have been known as Carrollton Street, Main Street or College Street, Wedowee Street and Rome Street, respectively). The area of the circle described in this subsection shall be three and one thousand four hundred and sixteen-ten thousandths (3.1416) square miles or two thousand and ten (2,010) acres. Section 1.03. Corporate powers. (a) The corporate powers of the city, to be exercised by the mayor and council as defined in section 2.01, shall include, but shall not be limited to the following: (1) Taxation. To levy and to provide for the assessment, valuation, reevaluation, 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 or political subdivision for any service in connection with the taxation process authorized by Georgia law, including without limitation, the ministerial acts of billing and collection of city ad valorem taxes. (2) Occupational licenses. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions. (3) Financing; appropriations. 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
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a majority of the qualified voters of the city voting in an election. (4) Acquisition and disposal of property. 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 (5) Condemnation. To condemn property, inside or outside 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 of 1933, or under other applicable public acts. (6) Utilities. 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, the city may prescribe regulations, standards, conditions of service to be provided, and the charges, rates, fares, and fees to be paid. If any charges, rates, fares, or fees are not paid, the unpaid amount shall constitute a lien against any property of the persons served and the service may be terminated; the lien shall be enforceable in the same manner and with the same remedies as a lien for city property taxes. The city may extend any of its utility services and facilities, including natural gas utilities, outside the limits of the city and into the adjacent areas within Carroll County, Georgia. (7) Franchises. 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 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.
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(8) Public property and improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, public buildings, libraries, sewers, drains, sewage 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. (9) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (10) Garbage and refuse removal. To provide for the collection and disposal of garbage, rubbish and refuse and to have the 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. (11) Police power. 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 the inhabitants of the city. (12) Nuisances. 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 the 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.
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(13) Construction of buildings. To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, plumbing, natural gas installation, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards. (14) Zoning and planning. 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. (15) Working prisoners. 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 the appropriate governmental officers. (16) Animals and fowl. To regulate, license, tax or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment thereof for violation of any ordinance or lawful order; also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; and to provide punishment
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for violations of ordinances enacted under this subsection. (17) Vehicles for hire. 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; and to require public liability insurance on such vehicles in amounts prescribed by ordinance. (18) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (19) Penalty for violation of law. 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 by general State law. (20) Additional powers generally. 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. (21) Advertising the city; hospitals and libraries. 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
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payment from the general revenues and funds of the city and for the support of public hospitals and libraries. (22) Control of public ways. To regulate and control public streets, public alleys and public ways and, in the discretion of the mayor and council, by ordinance to alter, open or close public streets and public alleys and ways. (23) Intergovernmental contracts. To contract with any State department, agency, or political subdivision of the State, including cities or counties or other such entities, 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. (24) Traffic regulations. To adopt ordinances not in conflict with the general law of the State, regulating the operation of motor vehicles and other traffic upon the streets of the city. (25) Codification of ordinances. To edit, revise and codify the general and permanent ordinances of the city and cause such ordinances to be published as the Code of Ordinances of the City of Bowdon, Georgia, which publication, when published at the direction of the mayor and council, shall be prima facie evidence of the general and permanent ordinances of the city. The mayor and council may direct that the Code of Ordinances be published in looseleaf form and may further direct that such looseleaf Code be supplemented with such frequency as the mayor and council shall decide. A supplement so prepared at the direction of the mayor and council and, upon printing, maintained in an official copy in the office of the city clerk, shall be prima facie evidence of the general and permanent ordinances of the city adopted subsequent to the Code of Ordinances and not more recently than the latest ordinance of a general and permanent nature contained in the supplement. (b) The powers set out in subsection (a) shall be in addition to the powers conferred upon the city by the general law of the State.
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Section 1.04. Existing ordinances. All ordinances, bylaws, rules and regulations, now in force in the city, not inconsistent with this Act, are hereby declared valid and of force and effect until amended or repealed by the mayor and council. ARTICLE II. CITY GOVERNMENT Section 2.01. Established. The corporate governmental powers of the city shall be vested in a mayor and four (4) councilmen to be known as the Mayor and Council of the City of Bowdon, Georgia. The mayor and council shall be elected by the qualified voters of the city and shall exercise its powers in such manner as prescribed by this Chapter, the Constitution and applicable general laws of the State of Georgia or, if not prescribed, in such manner as prescribed by the duly adopted ordinances of the city. Section 2.02. Qualifications of mayor and councilmen. To be eligible for the office of mayor or councilman, elected or appointed, a person shall be at least twenty-one (21) years of age and shall meet the requirements of a qualified voter of the city, as prescribed by State law, shall have been a bonafide resident of the city for at least one (1) year next preceding the election in which he offers as a candidate and shall continue to reside therein during his term of office. No person shall be eligible to be mayor or councilman who shall have been convicted of a crime involving moral turpitude, unless he has received a full pardon and has all rights of citizenship restored. In the case of councilmen, each shall meet the residence requirements of section 2.03. Section 2.03. Councilmanic wards. (a) The city shall be divided into four (4) wards, as follows: (1) Ward One: That segment of the city lying east of South Carroll Street and southeast of East Bowdon Boulevard.
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(2) Ward Two: That segment of the city lying between the east side of North Carroll Street and the northwesterly side of East Bowdon Boulevard. (3) Ward Three: That segment of the city lying west of North Carroll Street and north of West Bowdon Boulevard. (4) Ward Four: That segment of the city that lies west of South Carroll Street and south of West Bowdon Boulevard. (b) No person shall be eligible as a candidate for the office of councilman or to remain in office as a councilman, unless he shall reside in the ward for which he is a candidate or for which he has been elected. Section 2.04. Qualifications and registration of electors. Electors in city elections shall be qualified and registered as provided in Title 34A, Georgia Code. Section 2.05. Election of mayor and councilmen. (a) Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. (b) On the first Monday in December, 1973, and on the first Monday in December 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, elected at large, who shall receive the plurality vote shall be elected for a term of office of two (2) years and until his successor is duly elected and qualified. The candidates for councilman, elected at large, who shall receive the plurality vote for the respective wards for which they are candidates, shall be elected for terms of office of two (2) years each and until their successors are duly elected and qualified.
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On the first Monday in December, 1974, and on the first Monday of December every two (2) years thereafter, a general election shall be held for the two (2) councilmen whose terms of office are expiring. The two (2) candidates for councilmen in the election who receive the highest number of votes for their respective wards shall be elected for terms of office of two (2) years each and until their successors are duly elected and qualified. Section 2.06. Oath of office of mayor and council. Before entering upon the discharge of his duties, any person elected to the office of mayor or councilman shall be sworn to faithfully and impartially discharge the duties of his office to the best of his ability. Section 2.07. Conduct of elections generally. City elections shall be conducted as provided for by Title 34A, Georgia Code, and as provided for by ordinance or resolution of the mayor and council adopted pursuant to Title 34A, Georgia Code. Section 2.08. Meetings of the mayor and council; per diem allowance. The mayor and council shall hold regular meetings twice in each month on the second and fourth Mondays of each month throughout the year. For attendance at each regular meeting, the mayor shall receive from the city a per diem of twenty-five dollars ($25.00) and each councilman attending a regular meeting shall receive a per diem of twenty dollars ($20.00). The regular meetings of the mayor and council may be recessed from day to day and from time to time as the mayor may determine. Less than a majority of the mayor and council may recess the meeting to a further date. Section 2.09. Powers of the mayor generally. The mayor shall be the chief executive officer of the city and shall have the authority to call special sessions of the mayor and council. Section 2.10. Mayor pro tem. When the council has been organized at its first meeting in each year, the mayor shall designate one (1) member of the council to serve as mayor
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pro tem, at times when the mayor is absent or disabled to serve and, when so serving, the mayor pro tem shall carry out the duties prescribed for the mayor in Section 2.09. Section 2.11. Filling vacancies. In the event of the death, resignation or removal of the mayor or of any councilman, the mayor and council shall declare a vacancy to exist and the mayor and council shall call a special election to be held within the time limits prescribed by Title 34A, Georgia Code, to fill the vacancy in office. The election shall be held in the same manner as is provided in this charter for general city elections. Notice of the special election shall be given in the manner provided by State law. Section 2.12. Compensation of the mayor and members of the council. Other than the compensation provided in Section 2.08 to be paid to the mayor and council for attendance upon meeting of the mayor and council, any other compensation for other services than attending said meetings shall be established from time to time by the mayor and council by resolution. ARTICLE III. RECORDER'S COURT Section 3.01. Established; jurisdiction. There is hereby established a recorder's court for the city, which court shall have jurisdiction over violations of city ordinances, including violations of the Code of Ordinances of the city. The maximum penalties which may be imposed by the recorder for a violation of a city ordinance shall be a fine not to exceed two hundred dollars ($200.00) or imprisonment for a period not to exceed one hundred twenty (120) days, or both such fine and imprisonment. In the case of contempt, the recorder may impose a fine not exceeding ten dollars ($10.00) or imprisonment nor exceeding five (5) days, or both such fine and imprisonment, for each act of contempt. Section 3.02. Recorder. (a) The mayor and council of the city shall elect a recorder for said city in the same way as it now elects other officers and employees of the city. The
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recorder, when so elected and qualified, shall preside over the trial of cases in the recorder's court, under the restrictions, regulations and power as specified in this charter. At any time when the mayor and council shall have not elected a recorder, or when a recorder is elected but is absent or disqualified, the mayor and council shall appoint a qualified person to serve as recorder pro tem, with full powers as specified in the charter of the city. The mayor and council shall fix the salary of the recorder and it shall have the power to define his duties by ordinances not in conflict with this charter. (b) Before entering upon his duties as recorder, the person elected by the mayor and council as such, shall take and subscribe on the minutes of the mayor and council, the following oath: I do solemnly swear that I will faithfully, fairly and impartially discharge the duties of Recorder of the City of Bowdon, Georgia, in accordance with the ordinances of said city and the laws of the State of Georgia, and will uphold the constitutions of the State of Georgia and of the United States of America, to the best of my skill and power. So help me God. Section 3.03. Working prisoners. The mayor and council may prescribe by ordinance the manner in which persons sentenced to imprisonment by the recorder's court may be required to work on the streets and other public improvements of the city. Section 3.04. Escape from imprisonment. In case any person convicted by the recorder's court and sentenced to imprisonment shall escape before completing the time of his sentence, upon a warrant issued by the recorder the escapee may be arrested in any part of the State by a police office of the city or by any other officer authorized to make arrest. The party so escaping, on conviction in the recorder's court, may be sentenced to not more than one hundred twenty (120) days additional service upon the streets for the escape.
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ARTICLE IV. CITY OFFICERS Section 4.01. Election and removal generally. The mayor and council shall elect a city manager, a chief of police and such police officers as it at any time may deem necessary to assist the chief of police in preserving the good order and peace of the city and prescribe the duties of the city officers not inconsistent with the charter and the laws of the State. ARTICLE V. TAXATION Section 5.01. Tax levies authorized; maximum rate. The mayor and council shall have the full power and authority to assess, levy and collect such taxes upon real and personal property within the corporate limits of the city as it may deem necessary for the support and financing of the government of the city. However, the tax so assessed shall not exceed one and one-half percent (1%) or fifteen (15) mills, except as provided in the Acts of the General Assembly of the State of Georgia 1953 (p. 372), as codified in Ga. Code Ann. 92-4101. The mayor and council shall also have the authority to levy a tax on the owners of real estate for the purpose of paving sidewalks and streets in front of said realty. Section 5.02. Tax assessors. The mayor and council shall, at its first meeting of each year, elect three (3) tax assessors for the city, who shall be freeholders in the city, residents therein and twenty-one (21) years of age. The tax assessors shall serve until their successors are elected and qualified. The mayor and council shall have power at any time to fill vacancies caused by death, resignation or otherwise. It shall be the duty of the tax assessors at such time as they may be directed by the mayor and council, to inspect and assess a valuation upon all real estate in the city liable to taxation, consistent with the general law of the State. Before entering upon their duties as assessors, the persons elected as tax
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assessors under this Section shall be sworn before the mayor or some member of the council to faithfully and impartially discharge their duties as assessors of the city. Section 5.03. Assessment procedure; arbitration. The tax assessors shall make out a list of taxable property in the city in a book provided for that purpose by the mayor and council, with the true valuation as determined in accordance with the general law of the State, which they shall return to the clerk of the council, who shall assess the tax thereon as may be provided in the ordinances of the city. Should any owner of real property in the city be dissatisfied with the valuation put upon his property by the tax assessors, he may complain to the clerk of the council, whereupon the question shall be submitted to arbitration as follows: The property owner shall select one (1) arbitrator, the assessors one (1) arbitrator and these two (2) a third, all of whom shall be citizens of the city and freeholders in the city. They shall proceed to pass upon the question, inspecting the property and having such evidence as they may require; their judgment assessing the value shall be final. Section 5.04. Compensation of assessors. The tax assessors provided in this Article shall be paid out of city funds for their services, such sums as the mayor and council may fix by ordinance or resolution. Section 5.05. Tax returns. (a) It shall be the duty of all persons, firms and corporations owning real or personal property, money, or choses in action in the city, subject to taxation under the laws of the State, to make return thereof for city taxation under oath to the clerk of the mayor and council of said city, on forms therefor to be provided by the mayor and council, containing questions that will reach all species of real and personal property, money, and choses in action subject to taxation. The questions shall require separate answers and the oath to said forms shall be administered by the clerk to the party making the return. (b) The clerk of the council shall take from each person owning or holding real or personal property, whether as an individual, agent, guardian, administrator or other fiduciary,
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and from all corporations, firms and other entities, a sworn statement listing all real estate and personal property located within the city, which returns shall and its true market value, be consolidated and reviewed by the tax assessors of the city. A tax return shall be made not earlier than the first day of January of each year and not later than the first day of March of each year. Should any property owner fail to make tax returns required by this Section within said period, the tax assessors shall make and file with the clerk of the council the returns and, if there shall be vacancies in the office of tax assessors so that the tax assessors cannot function within thirty (30) days after the first day of March of each year, then the mayor and council shall make the returns for defaulting taxpayers and shall, within thirty (30) days thereafter, give notice to the defaulting taxpayers of the valuation placed upon the property of such taxpayer. Section 5.06. Digest of returns; review. The clerk of the council shall make a digest of tax returns filed pursuant to this Article by the first day of June each year and submit the digest together with a list of all defaulters, to the mayor and council, which shall examine and inspect the digest and revise and correct the returns therein and the list of defaulters and, if in its judgment, any personal property, money or choses in action is omitted from any return or is undervalued, it shall correct the return by setting out the omitted personalty, money or choses in action and its value and by setting out the true value of any such property undervalued in such return. Notice of such amendment of said return shall then be given in writing to the taxpayer affected by depositing notice thereof in the Post Office, properly addressed with postage prepaid, and unless a written notice of disagreement is filed with the clerk of the council within five (5) days from date of deposit of such notice in the Post Office, the same shall be prima facie presumed to have been accepted as amended. In order to effectually carry out the aforesaid powers and duties, said mayor and council shall have authority as a court to subpoena any person whose return is being considered and other witnesses, and examine such persons on oath in regard to the returns and to cause the production of books and papers to be used as evidence.
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Section 5.07. Arbitration of revision of tax returns. If any person whose return has been revised and corrected by the mayor and council is dissatisfied therewith, he shall so notify the clerk of the council whereupon such question shall be submitted to arbitration as follows: The property owner shall select one (1) arbitrator, the clerk of the council shall select one (1) arbitrator and these two (2) shall select a third. All shall be residents of the city and they shall proceed to investigate and pass on the question submitted and shall have authority to subpoena witnesses and examine them under oath and cause the production of books and papers to be used as evidence therein; their findings shall be final. The action of the mayor and council shall be prima facie correct, and the burden of proof shall be upon the property owner before the arbitrators. ARTICLE VI. MISCELLANEOUS POWERS AND DUTIES Section 6.01. Execution and sale for debts due the city. All taxes, assessments, fines, and penalties recoverable pursuant to this charter and ordinances adopted under this charter, may be enforced by execution. All writs, processes and subpoenas issued in behalf of the city shall be directed to the marshal of the city and signed in the same manner as an execution. All executions issued in behalf of the city for the collection of taxes, fines, forfeitures or other purposes shall be directed to the marshal and signed by the mayor and all members of the council. All sales by the marshal of the city shall be advertised, if personal property, by posting the advertisement in three (3) of the most public places in said city, ten (10) days before the sale, when the property shall be exposed and sold between the hours of 10:00 a.m. and 2:00 p.m. at the council chamber of the city. The proceeds of the sale shall be applied to the debt, cost and satisfying of the execution and surplus shall be returned to defendant. Where the execution is against real estate, the chief of police shall advertise the sale once a week for four (4) weeks in a newspaper in Carroll County, in which the sheriff's sales of the county are published and the property so advertised shall be sold by the marshal on the regular
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sheriff's sales day between the legal hours of sale and at the courthouse of Carroll County. The chief of police is empowered to execute title thereto to any property in said city sold as prescribed in this Section, and when claim of illegality shall be interposed, the chief of police shall not sell property, but shall make a return to the Superior Court of Carroll County for trial. Section 6.02. Lien for debts due the city. There shall be a lien on all real estate and personal property within the city for city taxes assessed thereon and for all fines and penalties assessed or imposed, also for water rents, license fees and assessments of every kind; which lien shall be enforced and collected by execution, which shall have the same rank and dignity as liens and judgments from courts of the State. Section 6.03. Duty of mayor and the clerk of the council upon failure of chief of police to collect debts. It shall be the duty of the chief of police to collect the city taxes, fines, levies and assessments and, should the debt not be paid within thirty (30) days after they are placed in his hands for collection, the mayor and all members of the council shall issue executions therefor in the way and manner provided in this Article, which executions shall be attested by the clerk of the council. Section 6.04. Disposal of real or personal property. The mayor and council of the city is authorized to sell and dispose of any real or personal property owned by the city for which the city has no further municipal use, in the official determination of the mayor and council and to make and execute instruments of title conveying the property, on such consideration as may be fixed by official action of the mayor and council. Section 6.05. 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 by the Mayor and Council of the City of Bowdon and the representatives in the General Assembly
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from Carroll County that there will be introduced in the 1973 session of the General Assembly, a local Bill to create a new charter for the City of Bowdon, Georgia, as the complete recodification and enactment of the charter of said city as set forth in the Acts of 1910, page 408, and amendments thereto heretofore enacted by the General Assembly. Copy of said proposed Act may be inspected in the office of the City Clerk of Bowdon, Georgia. This 19th day of February 1973. Mayor and Council of the City of Bowdon. /s/ Norman L. Padgett Mayor I, Stanley Parkman, publisher of the Carroll County Georgian, the legal organ of Carroll County, Georgia, in which Sheriff's advertisements are published for Carroll County, which includes the City of Bowdon within its geographical boundaries, do hereby certify the attached notice of intention to apply for local legislation in the form of a new charter for the City of Bowdon was published in the Carroll County Georgian on February 22, March 1 and March 8, 1973, and I so officially certify. /s/ Stanley Parkman Publisher of the Carroll County Georgian Sworn to and subscribed before me, this 8th day of March 1973. /s/ Anna Stovall Notary Public, State of Georgia (Seal). Approved April 17, 1973.
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CITY OF WARNER ROBINSCHARTER AMENDEDCERTAIN REFUNDING OF OUTSTANDING REVENUE BONDS AUTHORIZED. No. 670 (House Bill No. 1223). An Act to amend an Act incorporating the City of Warner Robins, Houston County, Georgia, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, so as to permit advance refunding of outstanding revenue bonds by the issuance of revenue refunding bonds in an amount not greater than the aggregate of principal, interest to the date of redemption and redemption premiums on the revenue bonds to be refunded, the escrow an investment of refunding bonds proceeds pending retirement of the outstanding revenue bonds, and the combining of such revenue refunding bonds into a single issue with revenue bonds for improvements, and providing for the security and validation of such revenue refunding bonds; to repeal conflicting law; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Warner Robins, Houston County, Georgia, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, is hereby amended by adding a new Section immediately following section 19, to be designated section 19A, to read as follows: Section 19A. (a) The City of Warner Robins acting through its governing body may execrise all powers granted to municipalities under the Revenue Bond Law (Ga. L. 1937, p. 761), as amended, and is hereby further authorized to refund any outstanding revenue bonds by the issuance of revenue refunding bonds in an amount not greater than the aggregate of principal of and interest to the date of redemption and redemption premiums on the revenue bonds to be refunded. Said revenue refunding bonds may be issued at any time not more than fifteen (15) years prior to the date that the refunded bonds are be retired, either at maturity or pursuant to a call for redemption or both. Pending the retirement of the revenue bonds being refunded the city
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shall deposit a sufficient portion of the proceeds of such revenue refunding bonds, together with any other legally available funds, in escrow to pay principal, interest and redemption premiums on the revenue bonds to be refunded, and some or all money so deposited may be invested in direct obligations of the United States of America or any of its agencies or in obligations guaranteed as to principal and interest by the United States of America. In determining the sufficiency of such deposit, the city may include interest to be received on such investments. (b) The city shall, upon depositing in escrow the proceeds of any revenue refunding bonds hereunder, enter into an agreement with the bank holding such deposit and said agreement shall require said bank, among other things, to hold the investments and liquidate the same without further instructions from the city when necessary to pay principal, interest and redemption premiums on the revenue bonds refunded and may require such bank to publish on behalf of the city, one or more notices of redemption of the revenue bonds to be refunded. (c) The validity of revenue refunding bonds issued hereunder may be determined by proceedings in the Superior Court of Houston County, Georgia. Such proceedings shall be brought and conducted, and may be intervened in and may be appealed from in the same manner, and shall have the same effect, as is provided in the Revenue Bond Law (Ga. L. 1937, p. 761), as amended. If the aforementioned agreement governing the deposit of revenue refunding bond proceeds is attached as an exhibit to the resolution authorizing said revenue refunding bonds, the court upon validation shall determine the validity of said agreement as well as the validity of said revenue refunding bonds. (d) Such revenue refunding bonds shall constitute investment securities under the Uniform Commercial Code but no financing statement nor continuation statement need to be filed to protect or perfect the interest of the holders of said revenue refunding bonds in the revenues pledged to their payment. Such revenue refunding bonds may be secured by pledge of all or any portion of the revenues to be derived
Page 3675
from the operation of one or more revenue-producing facilities of the city after payment of the reasonable and necessary expenses of operation and maintenance, and such revenues need not be limited to revenues pledged to the revenue bonds refunded. Revenue refunding bonds shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof, nor shall the city be subject to any pecuniary liability thereon. No holder or holders of any such revenue refunding bonds shall ever have the right to compel any exercise of the taxing power of the city to pay any such revenue refunding bonds or the interest thereof, nor to enforce payment thereof against any property of the city; nor shall any such bonds constitute a charge, lien or encumbrance, legal or equitable, upon any property of the city. Each bond issued under this Section shall contain a recital setting forth the substance of the preceding two sentences. (e) Revenue refunding bonds issued hereunder or the resolution providing for their issuance may contain such provisions for the security of said revenue refunding bonds as the governing body may determine, including such covenants and rights to a receiver upon default as are provided for in the Revenue Bond Law (Ga. L. 1937, p. 761), and may be issued in one or more series, may be sold in such manner, may bear such date or dates, may mature at such time or times, not exceeding forty (40) years from their respective dates; may bear interest at such rate or rates, not exceeding nine percent (9%), per annum, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form either coupon or registered; may carry such registration, conversion, and exchangeability privileges; may be subject to such terms of redemption with or without premium; may be declared or become due before the maturity date thereof; may be executed in such manner; and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. All bonds issued under this Section bearing the signature of officers in office on the date of the signing thereof shall be valid and binding notwithstanding that before the delivery
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thereof, and payment therefor, such officers whose signatures appear thereon shall have ceased to be officers of the municipality issuing the same. Pending the preparation of the definitive bonds, interim receipts, in such form and with such provisions as the governing body may determine may be issued to the purchaser or purchasers of bonds to be issued under this Section. Said bonds shall be and are hereby declared to be nontaxable for any and all purposes. Section 2. This Act shall be deemed cumulative, and not in lieu, of all other laws granting authority to the City of Warner Robins and shall provide an additional, but nonexclusive means of refunding revenue bonds of said city, regardless of the law under which said revenue bonds shall have been issued. Section 3. If any provision of this law shall be held void or unenforceable under any or all circumstances such provision shall be deemed severable and the remainder of this Act shall remain in full force and effect, such void or unenforceable provision to be deemed deleted, or applicable only under conditions which do not render the same void or unenforceable. Severability. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the 1973 Session of the General Assembly of Georgia, for the enactment of a bill to amend the Charter of the City of Warner Robins, Georgia, to permit advance refunding of outstanding revenue bonds by the issuance of revenue refunding bonds in an amount not greater than the aggregate of principal, interest to date of redemption, and redemption premium on revenue bonds to be refunded and the escrow and investment of refunding bond proceeds pending retirement of outstanding revenue bonds and to combine such revenue
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refunding bonds into a single issue with revenue bonds for improvements. This the 14th day of February, 1973. George Kushinka City Attorney Georgia, Houston County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. V. Moyer who, on oath, deposes and says that he is Representative from the 99th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, Georgia, on the following dates: February 22, March 1 and March 8, 1973. /s/ E. V. Moyer Representative, 99th District Sworn to and subscribed before me, this 8th day of March, 1973. /s/ William Wisse Notary Public, Houston County, Georgia. My Commission Expires October 4, 1975. (Seal). Approved April 17, 1973. CITY OF BAXLEYCHARTER AMENDEDCORPORATE LIMITS CHANGEDREFERENDUM. No. 671 (House Bill No. 1224). 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 change the corporate limits
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of the City of Baxley; 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 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 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 Baxley shall extend two miles in every direction from the intersection of the centerline of U. S. Highway No. 1 in the City of Baxley with the centerline of the main track of the Southern Railway Company in the City of Baxley. In addition to said territory, the corporate limits of the City of Baxley shall also include the following described territory to wit: (a) All of the original lots of land numbers 245 and 284 in the Second Land District of Appling County, Georgia, each of said lots containing 490 acres; and (b) That territory known as `Omega Cemetery', which is located north of the City of Baxley and which is fenced and being used by said city as a cemetery and which is owned by said City of Baxley, and which consists of 10 acres, more or less, said territory having been originally incorporated into the City of Baxley by an Act approved August 23, 1905 (Ga. L. 1905, p. 638); and (c) All of the following described territory which is owned by the City of Baxley, to-wit: All that tract or parcel of land situate, lying and being in the Second Land District of Appling County, Georgia, consisting of 10 acres, more or less, of lot of land No. 388, being described as follows: Commencing at an established point on the west original lot line of said lot, which said point is the southeastern corner of lands of Carson Courson as shown on the hereinafter referred to plat; thence South 89 40[prime] East for a distance of 988.12 feet along the southern boundary
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line of lands of Carson Courson and Monroe Courson to the western edge of a fish pond dam; thence South 29 20[prime] West for a distance of 303.1 feet; thence South 15 39[prime] West for a distance of 543.05 feet to a point near the southern edge of a private road; thence South 89 02[prime] West for a distance of 365.43 feet; thence North 10 03[prime] West for a distance of 26.65 feet to the southeastern edge of property of the City of Baxley, known as Omega Cemetery property; thence North 7 51[prime] West for a distance of 530.55 feet along the eastern edge of said cemetery property; thence North 63 12[prime] West along the northeastern boundary line of said cemetery property for a distance of 282.67 feet to the west original lot line of said lot; thence North along the west original lot line of said lot for a distance of 110.55 feet to the point of beginning. Said tract of land is more particularly described according to the courses, metes and bounds of a survey and plat thereof by Denean W. Dixon, Surveyor, dated May 20, 1972, recorded Plat Book 7, page 85, of records in Office, Clerk of Superior Court, said County; and (d) The following described property known as Baxley Municipal Airport located approximately three (3) miles south of the south city limits of the City of Baxley, be and is hereby incorporated and made a part of the City of Baxley, and the said property is hereby included within the corporate limits of the City of Baxley, said property being: All that tract or parcel of land situate, lying and being in the second land district of Appling County, Georgia, consisting of 190.59 acres, more or less, of lot of land no. 192, and 56.78 acres, more or less, of lot of land no. 191, consisting of tracts nos. 1 and 2 as shown on a plat dated April 12, 1966, made in connection with Baxley Municipal Airport project, recorded in office, clerk of superior court, said county, plat book no. 5 page 62. Said tracts of land lie in one body, being bound: North by lands of Appling County, an established line as shown on said plat dividing: northeast by a road; southeast by U. S. Highway No. 1; south by lands known as the Appling Turpentine Company lands; and, west by lands of Brunswick Pulp and Paper Company. 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
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it otherwise becomes law, it shall be the duty of the governing authority of the City of Baxley to issue the call for an election for the purpose of submitting this Act to the voters residing outside of the corporate limits of the City of Baxley as the city limits existed on January 1, 1973, but within the area proposed to be annexed under the provisions of Section 1 of this Act for approval or rejection. Only those voters residing in such area who are registered voters of the county and who are qualified to vote for members of the General Assembly of Georgia shall be entitled to vote in said election. It shall be the duty of the Ordinary of Appling County to assist the governing authority of the City of Baxley in compiling a list of the registered voters of the county residing within the area to be annexed to the city limits of Baxley under the provisions of Section 1 of this Act. The governing authority of the City of Baxley shall set the date of such election for a day not less than 90 nor more than 135 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 Appling County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act changing the corporate limits of the City of Baxley 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 Baxley. It shall be the duty of the governing authority to hold and conduct such election. It shall hold such election under the same laws and rules and regulations as govern special elections except as otherwise provided herein. The governing authority is hereby authorized to establish one or more special polling places for the conduct of said election. It shall be the duty of the governing authority to canvass the returns and declare and certify the
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results of the election. It shall be its 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 session of the General Assembly of Georgia bills to extend the City Limits of the City of Baxley to include all territory for a distance of two miles in every direction from the intersection of the center lines of U. S. Highway Number One and the main track of the Southern Railway Company in Baxley and also to include all of the original lots of land Number 245 and Number 284 in the Second Land District of Appling County, Georgia; twenty acres more or less of land known as Omega Cemetery, and the Baxley Municipal Airport. Robert L. Harrison, Sr. Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Harrison, Sr. who, on oath, deposes and says that he is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News Banner which is the official organ of Appling County, on the following dates: February 22, March 1, 8, 1973. /s/ Robert L. Harrison, Sr. Representative, 116th District Sworn to and subscribed before me, this 8th day of March, 1973. /s/ Susan Gordon Notary Public (Seal). Approved April 17, 1973.
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WAYNE COUNTYCOMPENSATION OF MEMBERS OF BOARD OF COMMISSIONERS CHANGED. No. 672 (House Bill No. 1225). An Act to amend an Act creating the Board of Commissioners of Wayne County, approved March 16, 1962 (Ga. L. 1962, p. 3110), as amended, so as to change the compensation of the members of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Wayne County, approved March 16, 1962 (Ga. L. 1962, p. 3110), as amended, is hereby amended by striking from section 8 the following: $50.00, and inserting in lieu thereof the following: $100.00, so that when so amended, section 8 shall read as follows: Section 8. Compensation: Members of the board herein created shall be paid, as their entire compensation for services, the sum of $100.00 per month, payable monthly, out of the treasury of the county. In addition thereto, each member shall be entitled to recover from the county the actual expenses expended by him while engaged in county business, which said claim for expenses shall be accompanied by an affidavit executed by each such member, swearing that the same is true and correct and was expended by him while so engaged. 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.
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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 there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to amend an Act setting the salary of members of the Board of County Commissioners of Roads and Revenue of Wayne County, so as to increase the salary of members of the Board of County Commissioners of Roads and Revenue of Wayne County from $50.00 per month to $100.00 per month; to provide for all matters relative thereto; to repeal all conflicting laws; and for other purposes. Bob Harrison Representative 116th District, Post No. 2 Georgia, Wayne County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths, W. B. Rhoden, who on oath deposes and says that he is the publisher of The Jesup Sentinel, a newspaper published in Jesup, Wayne County, Georgia, of general circulation and that the attached advertisement has been published, February 22, March 1, and March 8, 1973 in the said Jesup Sentinel. March 8, 1973 /s/ W. B. Rhoden Publisher Sworn to and subscribed before me, this 8th day of March, 1973. /s/ Irelle Strange Notary Public, Georgia State at Large. My Commission expires Oct. 23, 1974. (Seal). Approved April 17, 1973.
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HARRIS COUNTYBOARD OF COMMISSIONERSCOMPENSATION OF MEMBERS CHANGED, ETC. No. 673 (House Bill No. 1226). An Act to amend an Act entitled An Act to create a Board of Commissioners in the County of Harris, approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2667) and an Act approved April 3, 1972 (Ga. L. 1972, p. 3468), so as to change the compensation and expenses of the Chairman and the other members of the Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a Board of Commissioners in the County of Harris, approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2667) and an Act approved April 3, 1972 (Ga. L. 1972, p. 3468), 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 Chairman of the Board of Commissioners of said county shall receive as compensation for his duties in connection with the office, the sum of $250.00 per month as salary, and an allowance not to exceed $100.00 per month as expenses within the county. The other members of said Board shall each receive the sum of $200.00 per month as salary, and an allowance not to exceed $100.00 per month as expenses within the county. In addition thereto, all members shall receive reimbursement for actual expenses incurred when traveling on county business outside of the limits of Harris County. Salaries. 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 1973 Session of the General Assembly of Georgia,
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a bill to amend an Act entitled an Act to create a Board of Commissioners in the County of Harris, approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2667) and an Act approved April 3, 1972 (Ga. L. 1972, p. 3468), so as to change the compensation and expenses of the Chairman and the other members of the Board; and for other purposes. This 20th day of February, 1973. Rex McDaniel, Chairman Board of Commissioners Harris County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hoyt Adams 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 Harris County Journal which is the official organ of Harris County, on the following dates: February 22, March 1, 8, 1973. /s/ Hoyt Adams Representative, 84th District Sworn to and subscribed before me, this 12th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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MERIWETHER COUNTYCOMPENSATION OF CLERK OF ORDINARY CHANGED. No. 674 (House Bill No. 1229). 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, so as to change the compensation provisions relating to the clerk of the ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the 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, is hereby amended by striking from Section 4 the following: three thousand six hundred ($3,600) dollars, and inserting in lieu thereof the following: four thousand two hundred ($4,200) dollars, so that when so amended, section 4 shall read as follows: Section 4. The ordinary of Meriwether County shall be compensated in the amount of eight thousand five hundred ($8,500) dollars per annum to be paid in equal monthly installments from the funds of Meriwether County. The ordinary may employ a clerk whose compensation shall be determined by the board of commissioners of Meriwether County, payable in equal monthly installments from funds of Meriwether County, but not to exceed four thousand two hundred ($4,200) dollars per annum. Clerk.
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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 1973 session of the General Assembly of Georgia, a bill to change the compensation of the clerk of the ordinary of Meriwether County; and for other purposes. This the 19th day of February, 1973. Claude A. Bray, Jr. Representative, 66th District 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 66th 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 22, March 1, 8, 1973. /s/ Claude A. Bray, Jr. Representative, 66th District Sworn to and subscribed before me, this 12th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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CITY OF NEWNANCHARTER AMENDEDCERTAIN TERMS OF OFFICE CHANGED. No. 675 (House Bill No. 1231). An Act to amend an Act incorporating the City of Newnan, approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, so as to change the terms of office of the mayor and aldermen 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 Newnan, approved December 8, 1893 (Ga. L. 1893, p. 272), as amended, 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. (a) The municipal general election shall be held on the third Wednesday of November of each year. (b) In the 1973 general election, that alderman who receives the highest number of votes in said election shall be elected to a term of office of three years and until his successor is duly elected and qualified. The other alderman elected in said election shall be elected to a term of office of two years and until his successor is duly elected and qualified. The mayor shall be elected to a term of office of four years and until his successor is duly elected and qualified. In the 1974 general election, the alderman who shall be elected who receives the highest number of votes in said election shall be elected for a term of office of four years and until his successor is duly elected and qualified. The other alderman elected in said election shall be elected for a term of office of three years and until his successor is duly elected and qualified. Thereafter, successors to the mayor and aldermen shall be elected in the general election which is conducted immediately prior to the expiration of their respective term of office and shall serve for a term of office of four years and until their successors are duly elected and qualified. Terms.
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(c) At the first regular meeting of the mayor and board of aldermen each year, they shall elect one alderman to serve as mayor pro tem. who shall serve as such for the ensuing calendar year. In the event a vacancy shall occur in the office of mayor pro tem., a successor shall be appointed to serve out the unexpired term by the mayor and aldermen. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Notice is hereby given that there will be introduced at the 1973 session of the General Assembly of the State of Georgia a bill to amend the Charter and provide that the term of office of Mayor and City Councilmen of the City of Newnan be changed from two years to four years, and to repeal conflicting laws, and for other purposes. This 16th day of February, 1973 Joe P. Norman Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nathan G. Knight 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 Times-Herald which is the official organ of Coweta County, on the following dates: February 22, March 1, 8, 1973. /s/ Nathan G. Knight Representative, 65th District Sworn to and subscribed before me, this 12th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973.
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CITY OF NEWNANCHARTER AMENDEDCERTAIN UTILITIES AUTHORIZED BEYOND CORPORATE LIMITS, ETC. No. 676 (House Bill No. 1232) An Act to amend an Act creating a new charter for the City of Newnan, 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 July 29, 1929 (Ga. L. 1929, p. 1237) and an Act approved March 24, 1933 (Ga. L. 1933, p. 1039), so as to authorize the City of Newnan to extend its water, sewerage and electrical distribution systems without and beyond the corporate limits of the City of Newnan; to enlarge its powers in the operation of public utilities; to enlarge its powers of eminent domain and condemnation; to enlarge its police powers; to provide 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 Newnan, 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 July 29, 1929 (Ga. L. 1929, p. 1237) and an Act approved March 24, 1933 (Ga. L. 1933, p. 1039), is hereby amended by adding between section 2-9 and section 2-10 a new section, to be designated Section 2-9A, to read as follows: Section 2-9A. The City of Newnan, by and through its Water, Sewerage and Light Commission, is further authorized and empowered to extend its water, sewerage and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, without and beyond the corporate limits of the City of Newnan, and to provide utility services to persons, firms and corporations outside said corporate limits under such provisions as the water, sewerage and light commissioners of the said city may prescribe, and to extend its water and sewerage service without and beyond Coweta County under such provisions
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as the Water, Sewerage and Light Commissioners may prescribe; to classify rates to be charged in such are beyond the said corporate limits; and to make such contracts, agreements and arrangements as it deems necessary or desirable for the said purpose. The police authority of said city is hereby extended so as to include the entire utility systems of said city, including all parts thereof and appurtenances thereto, and all lands upon or through which said systems lie or pass. The mayor and aldermen of said city shall have power to pass such ordinances as they deem suitable to protect said property and appurtenances, and to enforce compliance therewith by suitable penalties. Any person or persons in any way interfering with or injuring said systems or any part thereof shall be amenable to the laws and ordinances of said city. In addition to the powers otherwise granted in this charter of the City of Newnan, as amended, the mayor and aldermen of said city shall have full powers and authority to condemn property to carry out any and all lawful purposes in the furtherance of its corporate functions, both governmental and proprietary, and when the power and authority granted by this Section is exercised by said council it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by Section 31-3012, Section 36-607 inclusive of the Code of Georgia of 1933 and the Acts amendatory thereof which by this reference thereto is incorporated herein as if set forth verbatim. This right of condemnation by the City of Newnan shall extend beyond its corporate limits where the property to be condemned is needed by the city and is deemed useful by the mayor and aldermen to afford and make available to the city such property for use in development and thereafter the operation, maintenance, repair, extension and improvement to any city facility, either governmental or proprietary. Without limiting the generality of the foregoing, said city shall have full and complete power and authority to exercise the power of eminent domain to acquire rights to take water from navigable and non-navigable streams and
Page 3692
from lakes and other places within and without the corporate limits of said city and within and without the County of Coweta; and to exercise such power of eminent domain to acquire land or any interest therein, within and without the corporate limits of said city necessary for water, sewer, and electric lines, and within and without the county of Coweta, necessary for water and sewer lines, together with the usual and necessary appurtenances therefor, or such land or any interest therein necessary in order to lay out, grade, open, pave, straighten, maintain, elevate, lower, improve and relocate streets, lanes, sidewalks, alleys, and ways on, in, across, along, through, under or over private property, and property already devoted to public use; and also under, over or across the rights-of-way of public utility companies, such as railroad, express, telephone, telegraphs, electric, gas, and all others having the right to acquire private property by exercise of the power of eminent domain or any similar power. 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 Newnan intend to apply to the General Assembly of Georgia at the 1973 session thereof for the passage of a local bill to amend the Act of the General Assembly of Georgia entitled an Act to create a new charter of the City of Newnan, in the County of Coweta, approved December 8, 1893, (Ga. L. 1893, page 272), and other acts amendatory thereto, so as to authorize the City of Newnan to extend its water, sewerage, and electrical systems without and beyond the Corporate limits of the City of Newnan; to enlarge its powers in the operation of public utilities; to enlarge its
Page 3693
powers of eminent domain and its police powers; and for other purposes. This 12th day of February, 1973. The Mayor and Council of the City of Newnan. By: Joe P. Norman, Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nathan G. Knight 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 Times-Herald which is the official organ of Coweta County, on the following dates: February 15, 22, March 1, 1973. /s/ Nathan G. Knight Representative, 65th District Sworn to and subscribed before me, this 7th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1973. CITY OF SAVANNAH BEACHCHARTER AMENDEDCORPORATE LIMITS CHANGED, ETC. REFERENDUM. No. 681 (Senate Bill No. 395). An Act to amend an Act incorporating the City of Savannah Beach, Tybee Island, in the County of Chatham and State of Georgia, approved February 20, 1970 (Ga. L. 1970, p.
Page 3694
2080), so as to change the corporate limits of said City; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Savannah Beach, Tybee Island, Chatham County and State of Georgia, approved February 20, 1970 (Ga. L. 1970, p. 2080), is hereby amended by striking section 4 of said Act and inserting therein a new section 4 to read as follows: Section 4. The corporate limits of the City shall include the entire Island of Tybee, as shown by a map of Chatham County, Georgia, adopted by the Commissioners of Chatham County, Georgia, April 11, 1906, except the area known as the `Lighthouse Reservation' and except the area known as the `Coast Guard Reservation', as these two excepted areas are more particularly described in a certain deed from the U.S. Government to the Town of Savannah Beach, Tybee Island, which excepted areas are reserved as properties of the United States Government in said deed. Section 2. No real or personal property located within the area added to the corporate limits of said City by the provisions of section 1 of this Act shall be subject to taxation by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, except on the following basis: When fire protection and police protection have been furnished to a property owner, said property owner may be taxed to the extent of thirty-three and one-third (33-1/3%) percent of the normal tax. When garbage disposal has been furnished, an additional thirty-three and one-third (33-1/3%) percent of the normal tax may be collected. When water service has been furnished, an additional sixteen and sixtysix one hundredths (16-66/100%) percent of the normal tax may be collected. When sewerage service has been furnished, the remaining sixteen and sixty-seven one hundredths (16-67/100%) percent of the normal tax may be collected.
Page 3695
No business or person doing business within such annexed area shall be required to pay City Business or Occupational Tax or License during the current fiscal year of said City, provided that such business or person doing business shall pay or shall have paid the proper business or occupational license or tax to Chatham County. Section 3. It shall be the duty of the Mayor of the City of Savannah Beach, Tybee Island, to issue the call for an election for the purpose of submitting this Act to the electors of Chatham County, residing within the area proposed to be added to the corporate limits of said city by the provisions of Section 1 of this Act for approval or rejection. The Mayor shall set the date of such election for June 2, 1973. 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 Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act extending the corporate limits of the City of Savannah Beach, Tybee Island, 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 Savannah Beach, Tybee Island. 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 4. All laws and parts of laws in conflict with this Act are hereby repealed.
Page 3696
Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1973 session of the General Assembly of Georgia a bill to amend the charter and several amendatory acts incorporating the City of Savannah Beach, Tybee Island, Georgia so as to change the corporate limits of said city, to repeal conflicting laws; and for other purposes. William Allen Hendrix Mayor, City of Savannah Beach Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wiley A. Wasden, Jr. who, on oath, deposes and says that he is Senator from the 2nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 13, 20, 27, 1973. Wiley A. Wasden, Jr. Senator, 2nd District Sworn to and subscribed before me, this 7th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 18, 1973.
Page 3697
BOARD OF ELECTIONS PROVIDED IN CERTAIN COUNTIES (170,000-195,000). No. 682 (Senate Bill No. 409). An Act to provide for a Board of Elections in certain counties; to define its powers and duties concerning primaries and elections; to provide for a method of election, disqualification, resignation and removal of its members; to provide for the qualifications and terms of its members; to provide for a chairman, election supervisor and clerical assistance and other employees; to provide for compensation of the members of said Board; 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 in each county of this State having a population of more than 170,000 and less than 195,000 persons according to the 1970 United States decennial census, or any such future census, a Board of Elections which shall have jurisdiction over the conduct of special elections, referendums, general and special primaries, and runoffs resulting therefrom in said counties in accordance with the Georgia Election Code, as amended, through the regular session of 1972 and State Election Board Rules (Title 34 of the Code of Georgia). Wherever the words ordinary and/or superintendent are used in said Title, it is hereby expressed as the legislative intent to transfer the duties of the ordinary and/or the superintendent to the Election Board herein created, and no further powers are added by this Act. Section 2. The Board of Elections in each of such counties shall be composed of five members, each of whom shall be an elector of said county, a resident of said county for a period of two years, be 25 years of age at the time of assuming office and who shall be selected in the following manner: Members.
Page 3698
(a) Until the general primary of August 1974, and until the runoff therefrom, unless a candidate receives a majority of the vote as required by Code Section 34-1513 of said Code, the two parties who received the two highest votes for Governor in the 1970 general election, acting by and through their duly chosen county executive committees holding office at the time of the effective date of this Act, shall appoint two members each to serve on said Board. The persons so appointed shall serve until their successors are chosen in said primary and/or runoff as above set out. Each of said parties shall conduct an election in said primary for a Board of Election members whose term of office shall be four years unless the time of the general election of 1974 shall be changed, in which case his term shall be shortened or lengthened accordingly. The winners of each of said primaries shall become a member of said Election Board upon the certification of said election by the ordinary of said county to the clerk of superior court and the Secretary of State of Georgia and upon his taking an oath of office that is substantially the same as required by the oath of office required by law for registrars. (b) The four members appointed to the initial Board as provided in subsection (a) shall appoint a fifth member, who shall be the chairman of the Board. Following the term of such initial chairman, the four successors to the initial members of the Board who shall be elected in the general primary of August, 1974, shall likewise elect a fifth member, who shall serve as chairman of the Board. The term of office of the chairman shall coincide with the terms of office of the appointed or elected members of the Board as provided for in subsection (a). The elected or appointed members of the Board provided for in subsection (a) shall appoint the chairman within thirty days following their appointment or election. If, at the end of such thirty-day period, such members shall not have been able to agree upon the appointment, of a chairman, the chairman shall be appointed by a committee composed of the senior superior court judge, the chairman of the board of county commissioners, the judge of the state court, the foreman of the grand jury, and the clerk of the superior court.
Page 3699
(c) No member of said Board of Elections so selected or elected shall preside over any primary, runoff or general election in which he has opposition for reelection. If a member mentioned in Section 2(a) above shall be so disqualified, then the parties' executive committee who appointed or elected him shall appoint an interim member who is not a candidate in said primary to serve until the successor is chosen and qualified. If he be the chairman, with opposition, mentioned in Section 2(b) above, the interim appointment shall be chosen by the governing authority of said county. Such interim chairman shall serve until his successor is chosen and qualified. (d) No person who holds elective or appointive office or is a salaried employee of the governing body of said county or any municipality in said county, or any Board of Education or Commission appointed by the governing body or any municipality in said county shall be eligible for appointment or election to the Board of Elections if he has so served within three months immediately preceding his appointment as a member of said Board or within three months immediately preceding his qualifying to run for any position on said Board; provided, however, any member of said Board shall be eligible for reelection to said Board. (e) In the event any vacancy shall occur for any reason the party in which such vacancy shall occur shall appoint to fill the unexpired term until the next general primary for the members described in Section 2(a) above and the governing authority of said county shall appoint the chairman described in section 2(b) above to serve until the next general election. (f) The members of said Board may be removed from office for misfeasance or malfeasance in office on the grounds of and in the manner prescribed for county officers set out in the Constitution of the State of Georgia and the laws of Georgia passed pursuant thereto. Section 3. (a) There shall be a chief administrative officer who shall be appointed by the Board of Elections after it is first constituted subsequent to the primary of 1974.
Page 3700
Such person shall be designated election supervisor. Said election supervisor shall possess the same qualifications as provided for Board members as is set out above. Said supervisor shall serve at the pleasure of said Board, except that said Board may not replace him within thirty days of any primary, referendum or election unless said supervisor resigns or becomes disqualified as above set out. His duties and responsibilities shall be prescribed by said Election Board, rules and regulations which shall be consistent with the Georgia Election Code, each as described above. Election supervisor. (b) The said Board shall employ such clerical assistants as is provided for by the governing authority within the budget approved as set out in Code section 34-401 (b), of the said Election Code. The supervisor's salary to be likewise set. Section 4. The salary of the chairman of said Board shall be not less than $2,400 per annum nor more than $4,800, to be fixed by the governing authority within said limits; the salary of the four members described in Section 2(a) above shall be not less than $1,200 nor more than $2,400, to be fixed by the governing authority within said limits. There shall be no fringe benefits provided for by said governing authority such as any form of insurance, etc., except for the governing authority's share of United States Social Security payments and the expense of providing said members with the necessary tax information required by Federal and State laws. Chairman. Section 5. Whenever any word is used herein that is defined by Code section 34-102 of said Code, it shall be as the definition therein described and any interpretation of this Act shall be governed by said Georgia Election Code. Section 6. 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
Page 3701
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 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1973. CITY OF FOREST PARKNEW CHARTER. No. 705 (House Bill No. 1043). An Act to reincorporate the City of Forest Park in the County of Clayton; to create a new charter for said city; to prescribe the corporate limits 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 election; 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 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:
Page 3702
ARTICLE I CHARTER, CITY LIMITS AND CORPORATE POWERS Section 1.01. Incorporation. The City of Forest Park, 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 Forest Park, Georgia. Under that name, said City shall be and continue to be vested with all of the property and rights of property which now belong to the corporation; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. This Act shall constitute the whole charter of the City of Forest Park, Georgia, repealing and replacing the charter as originally passed (Acts of 1908, page 685) and as subsequently amended, renewed, replaced and repealed. Section 1.02. Corporate Boundaries. The corporate limits of the City of Forest Park are defined to be: Beginning at a point on the present corporate limit line, said point beginning at the common corner of land lots 14 and 15 of the 13th district on the Fulton-Clayton County line, said point being located in the R/W of Interstate Highway I-285; and proceeding in an easterly direction along the north boundary line of land lot 15, 3170 feet more or less to the common corner of land lots 15 and 16 of the 13th district on the Fulton-Clayton County line; thence in a southerly direction along the east boundary line of land lot 15, 2970 feet more or less to the common corner of land lots 15, 16, 17, and 18; thence in a southerly direction along the east boundary line of land lot 18, 252 feet more or less; thence north 86 degrees 41 minutes east, 111.7 feet; thence south 0 degrees 45 minutes east 374.4 feet; thence north
Page 3703
89 degrees 15 minutes east, 279.1 feet; thence north 7 degrees 30 minutes east, 379 feet; thence north 89 degrees east, 795 feet more or less to a point on the west R/W of Thurmond Road-Georgia Highway 160, said road having a R/W of 100 feet; thence in a northeasterly direction along the west R/W of Thurmond Road, 2655 feet more or less to a point, said point being at the intersection of the west R/W of Thurmond Road and the east boundary line of land lot 16; thence south 0 degrees 45 minutes east along the east boundary line of land lot 16, 351 feet more or less; thence in an easterly direction, 200 feet; thence in a southerly direction, 440.6 feet to a point on the north R/W of Mountain View-Conley Road; thence in a westerly direction along the north R/W of Mountain View-Conley Road, 238 feet to a point on the east boundary line of land lot 16; thence south 0 degrees 45 minutes east along the east boundary line of lot 16, 954.4 feet to the common corner of land lots 16 and 17 of the 13th district and land lots 240 and 241 of the 12th district; thence north 89 degrees 19 minutes east along the north boundary line of land lot 240, 437 feet; thence south 0 degrees 41 minutes east, 210 feet; thence north 89 degrees 19 minutes east, 210 feet; thence north 0 degrees 41 minutes west, 210 feet; thence north 0 degrees 41 minutes west, 210 feet to a point on the north boundary line of land lot 240; thence north 89 degrees 19 minutes east along the north boundary line of land lot 240, 171 feet; thence south 2 degrees 15 minutes east, 206.5 feet; thence north 87 degrees 18 minutes east, 80 feet; thence south 2 degrees 15 minutes east, 669 feet to a point on the north R/W of Rockcut Road said road having a R/W of 50 feet; thence in a southerly direction along the north R/W of Rockcut Road, 210 feet; thence in a northeasterly direction, 203.5 feet; thence in an easterly direction, 250.3 feet; thence in a southerly direction, 370.7 feet to a point on the north R/W of Rockcut Road; thence in a southeasterly direction along the north R/W of Rockcut Road, 520 feet more or less to a point in the center of Conley Creek; thence in a northerly direction following the center of Conley Creek, 350 feet more or less; thence in an eastsoutheasterly direction, 598 feet more or less; thence in an east-northeasterly direction, 147 feet; thence in an easterly direction, 189.7 feet to a point on the west R/W of
Page 3704
Oak Lane, said street having a R/W of 30 feet; thence in a southerly direction along the west R/W of Oak Lane, 566.8 feet to the intersection of the west R/W of Oak Lane and the north R/W of Rockcut Road; thence in a northwesterly direction along the north R/W of Rockcut Road, 710 feet more or less; thence in a south-southwesterly direction, 215 feet crossing Rockcut Road; thence in a southeasterly direction, 170 feet; thence in a southerly direction, 490.4 feet; thence in a south-southwesterly direction, 511.7 feet; thence running in a westerly direction, 250 feet more or less to a point in the center of Conley Creek; thence in a northerly direction following the center of Conley Creek, 1217 feet more or less to a point 60 feet more or less south of the south R/W of Rockcut Road having an 80 foot R/W at this location; thence in a northwesterly direction parallel to the south R/W of Rockcut Road, 186 feet more or less; thence in a northeasterly direction, 35 feet; thence in a northwesterly direction parallel to the south R/W of Rockcut Road, 230 feet to a point on the east R/W of Simpson Road 25 feet southwest of the intersection of the east R/W of Simpson Road and the south R/W of Rockcut Road; thence in a southwesterly direction along the east R/W of Simpson Road, said road having a R/W of 50 feet, 1122.5 feet; thence south 49 degrees 56 minutes east, 200.0 feet; thence north 40 degrees 4 minutes east, 70.3 feet; thence south 49 degrees 56 minutes east, 503 feet more or less to a point in the center of Rock Springs Creek; thence in a westerly direction following the center of Rock Springs Creek, 493 feet more or less to a point on the east R/W of Beaver Road said road having a R/W of 30 feet; thence in a northwesterly direction along the east R/W of Beaver Road, 352 feet more or less to the intersection of the east R/W of Beaver Road and the south R/W of Simpson Road; thence in a southwesterly direction along the south R/W of Simpson Road, 1020 feet more or less to a point on the west boundary line of land lot 209 of the 12th district; thence south 1 degree east along the west boundary line of land lot 209, 1423 feet; thence north 89 degrees east, 103.9 feet to a point on the west R/W of Elam Church Road, said road having a R/W of 50 feet; thence north 26 degrees 30 minutes east along the west R/W of Elam Church Road, 471 feet; thence south 89 degrees 30 minutes east, 690.6 feet; thence
Page 3705
south 9 degrees east, 420 feet; thence north 89 degrees 30 minutes west, 72.3 feet; thence south 2 degrees east, 2526 feet crossing Watts Road to a point on the north property line of the Atlanta General Depot; thence in a northwesterly direction along the north property line of the Atlanta General Depot, 968.2 feet to a point on the west boundary line of land lot 208; thence north 0 degrees 30 minutes west along the west boundary line of land lot 208, 723 feet to the common corner of land lots 48 and 49 of the 13th district and the west boundary line of land lot 208 of the 12th district; thence in a westerly direction along the north boundary line of land lot 49, 712 feet; thence in a southerly direction, 351 feet to a point on the north R/W of Bartlett Road, said road having a R/W of 50 feet; thence in an easterly direction along the north R/W of Bartlett Road, 310 feet more or less; thence in a southerly direction, 380 feet; thence in an easterly direction, 422.5 feet to a point on the east boundary line of land lot 49; thence south 0 degrees 30 minutes east along the east boundary line of land lot 49, 340.5 feet; thence in a westerly direction, 230.0 feet; thence in a southeasterly direction, 200 feet; thence in a westerly direction, 200 feet to a point on the east R/W of Jonesboro Road (Georgia Highway 54), said point being 60 feet from the center of the road; thence in a southerly direction along the east R/W of Jonesboro Road, 1530 feet more or less to a point, said point being the intersection of the east R/W of Jonesboro Road and the extension of the south R/W of Courtney Drive; thence in a westerly direction across Jonesboro Road and following the south R/W of Courtney Drive, said road having a R/W of 40 feet, 347 feet more or less to a point on the east boundary line of land lot 49; thence south 0 degrees 30 minutes east along the east boundary line of land lot 49, 200 feet to a point on the north R/W line of the Southern Railroad R/W, said R/W being 100 feet; thence north 70 degrees 22 minutes west along the north R/W line of the Southern Railroad R/W, 730 feet more or less; thence south 0 degrees 30 minutes east, 1665 feet more or less crossing Forest Parkway and South Avenue to a point on the north R/W of Helen Street, said street having a R/W of 40 feet; thence in a westerly direction along the north R/W of Helen Street, 201.2 feet to the intersection of the north R/W of Helen Street and the east R/W of Woodland Drive,
Page 3706
which has a R/W of 40 feet; thence in a northerly direction along the east R/W of Woodland Drive, 20 feet more or less to a point, said point being the intersection of the east R/W of Woodland Drive and the extension of the south R/W of Helen Street; thence in a westerly direction across Woodland Drive and along the south R/W of Helen Street, 1006 feet more or less to a point on the west R/W of Warner Street, said street having a R/W of 30 feet; thence in a southwesterly direction along the west R/W of Warner Street, 70 feet more or less; thence in a northwesterly direction along the south property line of lot 16 of the Whit Phillips subdivision, 129 feet; thence in a northerly direction along the west property line of lot 16, 40 feet more or less; thence in a southwesterly direction along the south property line of the property now or formerly owned by Fred E. Walden, 125 feet more or less to a point on the east R/W of Phillips Drive, said street having a R/W of 40 feet; thence in a northwesterly direction along the east R/W of Phillips Drive, 190 feet more or less; thence in a westerly direction across Phillips Drive, 840 feet more or less to a point on the west boundary line of land lot 80; thence in a southerly direction along the west boundary lines of land lots 80 and 81, 2625 feet more or less; thence south 89 degrees 56 minutes west, 344 feet; thence south 20 degrees west, 341 feet; thence south 7 degrees west, 289 feet to a point on the north R/W of Pineridge Road, having a R/W of 50 feet, said point being 75 feet east of the east R/W of Alder Drive; thence in an easterly direction along the north R/W of Pineridge Road, 2250 feet more or less to the intersection of the north R/W of Pineridge Road and the west R/W of Phillips Drive, which has a R/W of 50 feet; thence in a northerly direction along the west R/W of Phillips Drive, 1410 feet more or less to a point on the north boundary line of land lot 81; thence north 89 degrees east along the north boundary line of land lot 81, 1786.8 feet to the common corner of land lots 80 and 81 and the west boundary line of the 12th district, and including the R/W of Kenyon Road, said road having a R/W of 50 feet; thence south 1 degree 25 minutes east along the east boundary of land lot 81, 1410 feet to a point on the south R/W of Reynolds Road, said road having a R/W of 50 feet, and including the R/W of White Drive which has a R/W of 50 feet; thence
Page 3707
south 88 degrees 25 minutes west along the south R/W of Reynolds Road, 1360 feet to the intersection of the south R/W of Reynolds Road and the east R/W of Phillips Drive; thence in a southerly direction along the east R/W of Phillips Drive, 4810 feet more or less to a point, said point being the intersection of the east R/W of Phillips Drive and the extension of the south property lines of the Ponderosa Park Subdivision; thence south 88 degrees 37 minutes west, 672 feet; thence south 0 degrees 15 minutes west, 1456.3 feet to a point on the north R/W of Morrow Road, said road having a R/W of 60 feet; thence north 76 degrees 9 minutes west along the north R/W of Morrow Road, 765.6 feet; thence north 0 degrees 10.5 munutes east, 563.62 feet; thence north 5 degrees 10 minutes west, 213 feet to a point on the north boundary line of land lot 113; thence south 89 degrees 30 minutes west along the north boundary line of land lot 113, 1504 feet to the common corner of land lots 111, 112, 113, and 114; thence south 89 degrees 30 minutes west along the north boundary line of land lot 114, 590 feet; thence north 0 degrees 30 minutes east, 320 feet; thence south 89 degrees west, 506.75 feet; thence south 0 degrees 30 minutes east, 290 feet more or less to a point on the north R/W of Morrow Road; thence in an easterly direction alone the north R/W of Morrow Road, 40 feet more or less to a point, said point being the intersection of the north R/W of Morrow Road and the extension of the east R/W of Holiday Boulevard, which has a R/W of 80 feet; thence in a southerly direction 60 feet to the intersection of the south R/W of Morrow Road and the east R/W of Holiday Boulevard; thence in an easterly direction along the south R/W of Morrow Road, 177.4 feet, thence in a southerly direction, 155.6 feet; thence in a westerly direction, 250 feet to a point on the west R/W of Holiday Boulevard; thence in a northerly direction along the west R/W of Holiday Boulevard, 35 feet more or less; thence in a westerly direction, 200.9 feet; thence in a southerly direction, 431.7 feet; thence in a westerly direction, 407 feet; thence in a northerly direction, 696 feet to a point on the north R/W of Morrow Road; thence in an easterly direction, 80 feet more or less to a point, said point being 200 feet east of the intersection of the north R/W of Morrow Road and the west R/W of Ash Street; thence in a northerly
Page 3708
direction, 200 feet; thence in an easterly direction; 200 feet to a point on the west R/W of Ash Street, which has a R/W of 50 feet; thence in a northerly direction along the west R/W of Ash Street, 745 feet more or less to a point, said point being 154.35 feet south of the intersection of the west R/W of Ash Street and the south R/W of Melrose Drive, which has a R/W of 50 feet; thence north 87 degrees 51 minutes west, 248.6 feet; thence north 89 degrees 18 minutes west, 1177 feet to a point on the west boundary line of land lot 111; thence north 1 degree 13 minutes west along the west boundary line of land lot 111, 1949.5 feet to the common corner of land lots 82, 83, 110, and 111; thence in a northerly direction along the east boundary line of land lot 83, 895.9 feet; thence in a westerly direction, 2338 feet more or less; thence in a northerly direction, 186 feet more or less; thence in a southwesterly direction, 404 feet more or less to a point on the west R/W of Old Dixie Highway-U.S. Highway 19 and 41, said highway having a R/W of 80 feet; thence in a northwesterly direction along the west R/W of Old Dixie Highway, 2130 feet more or less to a point, said point being at the intersection of the west R/W of Old Dixie Highway and the south R/W of Penney Road, which has a R/W of 80 feet; thence in a westerly direction along the south R/W of Penney Road, 1475 feet more or less to a point, said point being at the intersection of the south R/W of Penney Road and the extension of the west R/W of the Southern Railroad R/W, said R/W being 50 feet; thence in a northerly direction along the west R/W of the Southern Railroad R/W and the extension thereof, 1415 feet more or less; thence in a northwesterly direction following the curvature of the west R/W of the Southern Railroad R/W, 344 feet more or less; thence in a northerly direction across the Southern Railroad R/W, 70 feet more or less to a point on the east side of said R/W; thence in a northwesterly direction following the curvature of the east R/W of the Southern Railroad R/W, 444 feet more or less; thence in a northerly direction along the east R/W of the Southern Railroad R/W, 440 feet more or less; thence in a northwesterly direction following the curvature of the east R/W of the Southern Railroad R/W, 554 feet more or less to a point on the north R/W of Barnett Road, said road having a R/W of 50 feet; thence
Page 3709
in an easterly direction along the north R/W of Barnett Road, 380 feet more or less; thence in a northerly direction, 687 feet more or less; thence in a westerly direction, 525 feet more or less to a point on the west R/W of Southern Railroad R/W; thence in a northerly direction along the west R/W of the Southern Railroad, 435 feet more or less to a point on the south R/W of Forest Parkway-Georgia Highway 331, said road having a R/W of 200 feet; thence in a westerly direction along the south R/W of Forest Parkway, 2610 feet more or less to the east R/W of Interstate Highway I-75; thence in a northwesterly direction along the east R/W of I-75, 1258 feet more or less; thence north 89 degrees 46 minutes east, 515 feet more or less; thence north 1 degree 11 minutes west, 598.2 feet; thence south 89 degrees 30 minutes west, 624.7 feet to a point on the east R/W of I-75; thence in a northerly direction along the east R/W of I-75, 650 feet to a point on the north boundary line of land lot 53; thence north 89 degrees 30 minutes east along the north boundary line of land lot 53, 1068.4 feet; thence south 1 degree 8 minutes east, 75 feet; thence north 89 degrees 30 minutes east, 1351 feet more or less; thence north 4 degrees 42 minutes west, 1346.9 feet to a point on the north R/W of Lake Mirror Road, said road having a R/W of 50 feet; thence in an easterly direction along the north R/W of Lake Mirror Road, 1577 feet; thence north 1 degree west, 725 feet to a point on the north R/W of the Southern Railroad R/W, said R/W being 100 feet; thence in a southeasterly direction along the north R/W of the Southern Railroad R/W, 4340 feet more or less to a point on the north R/W of Main Street-Georgia Highway 160, said point being at the intersection of the north R/W of Main Street, having a R/W of 50 feet, and the extension of the east R/W of Hale Road, having a R/W of 50 feet; thence in a northerly direction along the projection of the east R/W of Tanglewood Lane, having a R/W of 40 feet, 515 feet to a point on the south R/W of North Avenue, said street having a R/W of 40 feet; thence in a westerly direction along the south R/W of North Avenue and the extension of the south R/W of North Avenue, 530 feet more or less; thence in a northerly direction, 320 feet more or less to a point on the south property line of lot 16 of the Stillwood Subdivision; thence in a northwesterly
Page 3710
direction along the south property line of lot 16, 15 feet more or less; thence in a northerly direction along the west property line of lots 15 and 16, 183.5 feet; thence in a north-northwesterly direction along the west property line of lot 14, 104.3 feet; thence in a north-northeasterly direction along the west property line of lot 13, 90.8 feet; thence in a north-northwesterly direction along the west property line of lot 12, 90.0 feet; thence in a northerly direction along the west property line of lots 10 and 11 of the Stillwood Subdivision, 245.0 feet; thence north 89 degrees east, 310 feet more or less; thence north 8 degrees 30 minutes west, 133.5 feet; thence north 16 degrees 30 minutes east, 194 feet more or less; thence north 36 degrees 30 minutes east, 325.5 feet to a point on the south R/W of Stone Mountain View Drive, said street having a R/W of 40 feet; thence north 51 degrees 45 minutes west along the south R/W of Stone Mountain View Drive, 494 feet; thence north 38 degrees 30 minutes east, 30 feet; thence north 89 degrees east, 362 feet; thence north 0 degrees 30 minutes east, 480 feet more or less along the west R/W of an alley which runs between City View Drive and Scott Boulevard, said alley having a R/W of 25 feet; thence in a westerly direction along the south lot line of lot 3 of the Burks Acres Subdivision, 292.5 feet, thence in a northerly direction along the west lot line of lot 3, 150.0 feet; thence in a southeasterly direction along the north lot line of lot 3, 150.0 feet; thence in a northeasterly direction along the west lot line of lot 4, 148.9 feet; thence in a north-northeasterly direction along the west lot line of lots 5, 6, 7, and 8, 229.7 feet; thence in a northerly direction along the west lot line of lots 8 and 9 of the Burks Acres Subdivision, 193.4 feet to a point on the north boundary line of land lot 46; thence south 89 degrees west along the south boundary line of land lot 19, 500 feet more or less; thence north 0 degrees 16 minutes west 2125.5 feet more or less; thence north 89 degrees east, 855.5 feet; thence in a northeasterly direction on an approximate bearing of north 80 degrees east, 184.8 feet; thence continuing in a northeasterly direction on an approximate bearing of north 83 degrees east, 350 feet; thence continuing northeasterly on an approximate bearing of north 76 degrees east, 334.1 feet to a point on the west R/W of Hendrix Drive, which has a R/W of 50 feet, said point
Page 3711
being 148 feet north of the intersection of the west R/W of Hendrix Drive and the north R/W of Evergreen Drive, having a R/W of 50 feet; thence in a northwesterly direction along the west R/W of Hendrix Drive, 453.3 feet to the intersection of the west R/W of Hendrix Drive and the south R/W of Mountain View-Conley Road; thence in a southwesterly direction along the R/W of Mountain View-Conley Road, 20 feet to a R/W marker; thence in a north-westerly direction along the R/W of Mountain View-Conley Road, 300 feet more or less; thence in a north-northeasterly direction, 180 feet more or less to a point on the north R/W of Mountain View-Conley Road, said point being on the north boundary line of land lot 19; thence north 87 degrees 35 minutes east along the north boundary line of land lot 19, 200 feet more or less; thence north 2 degrees 50 minutes west, 1061.1 feet; thence south 87 degrees 25 minutes west across the Interstate Highway I-285, 679.8 feet; thence north 2 degrees 57 minutes west, 574.3 feet; thence north 87 degrees 36 minutes east across Interstate Highway I-285, 1462.7 feet to a point on the east boundary line of land lot 14; thence north 2 degrees 39 minutes west along the east boundary line of land lot 14, 1366.1 feet to a point, said point being at the common corner of land lots 14 and 15 of the 13th district on the Fulton-Clayton County line and being point of beginning. Section 1.02A. Corporate BoundariesExclusions. The Charter of said city is hereby amended so as to provide that the following described property shall be excluded from the present city limits of the City of Forest Park: All that tract and parcel of land lying and being in land lot 17 of the 13th district and being more particularly described as follows: beginning at a point on the west R/W of Jonesboro Road-Georgia Highway 54, said point being 164 feet northwesterly of the intersection of the north R/W of Alpine Way, having a R/W of 30 feet, and the west R/W of Jonesboro Road, having a R/W of 100 feet; thence proceeding in a northerly direction along the west R/W of Jonesboro Road, 453 feet; thence in a southwesterly direction, 165.09 feet to a point on the west boundary line of land lot 17; thence in a southerly direction along the west
Page 3712
boundary line of land lot 17, 343.8 feet; thence in a northeasterly direction, 163.4 feet; thence in a southeasterly direction, 50 feet; thence in a northeasterly direction, 176 feet to the point of beginning. Said tract including properties now or formerly owned by Stiles A. Kellett, Joseph E. Chappell and Zack Toney. All that tract and parcel of land lying and being in land lot 17 of the 13th district and being more particularly described as follows: beginning at a point on the west R/W of Thurmond Road-Georgia Highway 160, said point being 160.4 feet south of the intersection of the north R/W of Thurmond Road, having a R/W of 100 feet, and the west R/W of Old Jonesboro Road, having a R/W of 50 feet; thence proceeding in a southeasterly direction along the north R/W of Thurmond Road, 152 feet; thence in a southwesterly direction, 89.5 feet to a point on the east R/W of Jonesboro Road-Georgia Highway 54; thence in a northwesterly direction along the east R/W of Jonesboro Road, 200 feet; thence in a northeasterly direction, 100.0 feet; thence in a southeasterly direction, 91.2 feet to the point of beginning. Said tract including property now or formerly owned by H. D. Williamson. All that tract and parcel of land lying and being in land lots 17 and 18 of the 13th district and being more particularly described as follows: beginning at the intersection of the south R/W of Alpine Way, having a R/W of 30 feet, and the west R/W of Jonesboro Road Georgia Highway 54, having a R/W of 100 feet; thence proceeding in a southerly direction along the west R/W of Jonesboro Road, 251 feet to the intersection of the west R/W of Jonesboro Road and the west R/W of College Street, which has a R/W of 40 feet; thence in a southerly direction along the west R/W of College Street, 532 feet more or less; thence in a northwesterly direction, 578 feet; thence in a southwesterly direction, 525.5 feet; thence in a northerly direction, 500 feet more or less to a point on the south R/W of Alpine Way; thence in a westerly direction along the south R/W of Alpine Way, 918 feet more or less to the point of beginning. Said tract including properties now or formerly owned by H. D. Williamson and Mrs. J. I. Matheson.
Page 3713
All that tract and parcel of land lying and being in land lots 17 and 18 of the 13th district and being more particularly described as follows: beginning at a point on the south R/W of Robin Lane, said point being 212 feet west of the intersection of the west R/W of College Street, having a R/W of 40 feet, and the south R/W of Robin Lane, having a R/W of 40 feet; thence proceeding in a westerly direction along the south R/W of Robin Lane, 610 feet more or less; thence in a southerly direction, 254 feet to a point on the south boundary line of land lot 18; thence in an easterly direction along the south boundary line of land lot 18, 517.8 feet to the common corner of land lots 17, 18, 47 and 48; thence in a northeasterly direction, 165 feet to the point of beginning. Said tract including the property now or formerly owned by Mrs. J. I. Matheson. All that tract and parcel of land lying and being in land lot 18 of the 13th district and being more particularly described as follows: beginning at a point on the north R/W of Robin Lane, said point beng 611 feet more or less west of the intersection of the north R/W of Robin Lane, having a R/W of 40 feet, and the west R/W of College Street, having a R/W of 40 feet; thence proceeding in a westerly direction along the north R/W of Robin Lane, 125 feet; thence north 1 degree west, 184 feet; thence south 66 degrees 45 minutes east, 137.5 feet; thence south 1 degree east, 150 feet to the point of beginning. Said tract including the property now or formerly owned by Mrs. J. I. Matheson. All that tract and parcel of land lying and being in land lot 17 of the 13th district and being more particularly described as follows: beginning at the intersection of the east R/W of Thurmond Road-Georgia Highway 160, having a R/W of 100 feet, and the south R/W of Rockcut Road, having a R/W of 50 feet; thence proceeding in an easterly direction along the south R/W of Rockcut Road, 722 feet; thence in a south-southwesterly direction, 518 feet; thence in a westerly direction, 820 feet to a point on the east R/W of Thurmond Road; thence in a northeasterly direction along the east R/W of Thurmond Road, 561.9 feet to the point of beginning. Said tract including properties now or
Page 3714
formerly owned by James W. Gatlin, Jack R. Norris, D. H. Williamson, Jr., J. G. Wilson, and William E. Wilson. All that tract and parcel of land lying and being in land lots 16 and 17 of the 13th district and being more particularly described as follows: beginning at the intersection of the east R/W of Thurmond Road-Georgia Highway 160, having a R/W of 100 feet, and the south R/W of Conley Road, having a R/W of 50 feet; thence proceeding in an easterly direction along the south R/W of Conley Road, 57 feet; thence in a southerly direction, 476.9 feet more or less; thence in a westerly direction, 451 feet to a point on the east R/W of Thurmond Road; thence in a northeasterly direction along the east R/W of Thurmond Road, 610 feet to the point of beginning. Said tract including properties now or formerly owned by Mr. and Mrs. E. M. Thompson, Tommie Lee and Frances L. Wallen. All that tract and parcel of land lying and being in land lot 48 of the 13th district and being more particularly described as follows: beginning at the intersection of the east R/W of Jonesboro Road-Georgia Highway 54, having a R/W of 100 feet, and the north boundary line of land lot 48; thence proceeding in an easterly direction along the north boundary line of land lot 48, 631 feet to a point on the west R/W of Old Jonesboro Road, having a R/W of 50 feet; thence in a southerly direction along the west R/W of Old Jonesboro Road; 655 feet; thence in a north-north-westerly direction, 341 feet to a point on the east R/W of Jonesboro Road; thence in a northerly direction along the east R/W of Jonesboro Road, 654 feet to the point of beginning. Said tract including properties now or formerly owned by Mrs. A. L. Adair, Marion L. Adair, and Charles Adair. All that tract and parcel of land lying and being in land lot 83 of the 13th district and being more particularly described as follows: beginning at the intersection of the east R/W of Old Dixie HighwayU. S. Highway 19 and 41, having a R/W of 80 feet, and the north R/W of Cynthia Lane, having a R/W of 40 feet; thence proceeding in an easterly direction along the north R/W of Cynthia Lane, 487.3 feet; thence
Page 3715
north 0 degrees 30 minutes west, 186 feet; thence south 88 degrees 30 minutes east, 2254 feet more or less to a point on the east boundary line of land lot 83; thence in a northerly direction following the east boundary line of land lot 83, 356 feet; thence south 89 degrees west, 285 feet; thence north 1 degree 15 minutes west, 443 feet; thence in a westerly direction, 978 feet more or less to the center of a City of Forest Park sewer line; thence in a southeasterly direction following the center of said sewer line, 220 feet more or less to a curve in said sewer; thence in a southwesterly direction along the center of said sewer, 300 feet more or less; thence south 88 degrees 51 minutes 56 seconds west, 550 feet; thence south 1 degree east, 150 feet; thence south 89 degrees 3 minutes 49 seconds west, 999.1 feet to a point on the east R/W of Old Dixie Highway; thence in a southeasterly direction along the east R/W of Old Dixie Highway, 476 feet to the point of beginning. Said tract including properties now or formerly owned by Mr. and Mrs. C. E. Babbs, P. D. Calloway, and W. P. Price, J. L. Lassiter, and Mossie B. Norris. All that tract and parcel of land lying and being in land lot 112 of the 13th district and being more particularly described as follows: beginning at a point on the west R/W of Phillips Drive, said point being 205 feet northwesterly of the intersection of the west R/W of Phillips Drive, having a R/W of 80 feet, and Pine Mountain Drive, having a R/W of 50 feet; thence proceeding south 8 degrees 42 minutes west, 497.3 feet; thence north 67 degrees 42 minutes west, 249.9 feet; thence north 71 degrees 32 minutes west, 312.6 feet; thence north 34 degrees 39 minutes east, 435 feet more or less to a point on the west R/W of Phillips Drive; thence in a south-southeasterly direction along the west R/W of Phillips Drive, 400 feet more or less to the point of beginning. Said tract including property now or formerly owned by Harold A. Starr and Raymond Starr. All that tract and parcel of land lying and being in land lot 209 of the 12th district and being more particularly described as follows: beginning at the intersection of the north R/W of Watts Road, having a R/W of 30 feet, and the west boundary line of land lot 209; thence proceeding in a northeasterly
Page 3716
direction along the north R/W line of Watts Road, 377 feet more or less; thence north 7 degrees west, 213.3 feet; thence south 74 degrees west, 150 feet; thence north 0 degrees west, 225 feet; thence south 89 degrees east, 59 feet; thence north 0 degrees west, 210 feet; thence north 90 degrees west, 210 feet to a point on the west boundary line of land lot 209; thence south 1 degree east along the west boundary line of land lot 209, 800 feet more or less to the point of beginning. Said tract including properties now or formerly owned by Rhelda and Martin D. Casey, Frank Deaton, and the Elam Church Cemetery. Section 1.02B. Wards. The City of Forest Park is hereby divided into six (6) wards and the description of each follows: Ward 1: Bounded on the north by the city limits, on the east by the center of Hendrix Drive, on the south by the Central of Georgia Railroad, on the west by the city limits. Ward 2: Bounded on the north by the city limits, on the east by the center of Jonesboro Road and center of College Street, on the south by the Central of Georgia Railroad, on the west by the center of Hendrix Drive. Ward 3: Bounded on the north by the city limits, on the east by the city limits, on the south by the Central of Georgia Railroad, on the west by the center of College Street and center of Jonesboro Road. Ward 4: Bounded on the north by the Central of Georgia Railroad, on the east by Lake Drive (from Central) south to West Street and thence a line due south to the city limits, on the south by the city limits, on the west by the city limits. Ward 5: Bounded on the north by the Central of Georgia Railroad, on the east by East Street and thence a line due south from the center of East Street to city limits, on the south by the city limits, on the west by Lake Drive (from
Page 3717
Central south to West Street and thence a line south to the city limits). Ward 6: Bounded on the north by the Central of Georgia Railroad, on the east by the city limits, on the south by the city limits, on the west by the center of East Street and thence a line due south from East Street to the city limits. 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) In accordance with the law of the State of Georgia, to levy and to provide for the assessment, valuation, reevaluation, 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 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, or hold in trust or otherwise
Page 3718
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, 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
Page 3719
by condemnation under section 36-202 of the Code of Georgia of 1933 or other applicable public acts. (i) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (j) To provide for the collection and disposal of garbage, rubbish, and refuse 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, 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, property, and general welfare, and for the purpose of regulating the height and location
Page 3720
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. (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 of 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 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 this charter or State law.
Page 3721
(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. The city may in the discretion of the city council make its facilities and property available for charitable, civic, patriotic, religious, and recreational purposes and prescribe rules and regulations pursuant thereto including a charge for the use of said facilities and property. (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. (w) To contract with any State department, agency, or other political subdivisions for the 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.
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(x) To contract with the United States of America, the State of Georgia, any county of the State of Georgia or any political subdivision of the State of Georgia or any department or agency of either for products, services or grants of funds for any lawful purpose or purposes. (y) To provide funds for pension, retirement, and insurance programs for the benefit of city employees as the governing body may from time to time deem advisable. 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 Forest Park shall be vested in a mayor and seven councilmen or councilwomen to be known as the City Council. The City Council shall be elected by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Constitution, and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Forest Park. Six councilmen shall be designated as representing wards and one shall be a councilman at large. Section 2.02. Wards. The City of Forest Park is hereby divided into six (6) wards of approximate equal population as follows: Ward 1: Bounded on the north by the city limits, on the east by the center of Hendrix Drive, on the south by the Central of Georgia Railroad, on the west by the city limits. Ward 2: Bounded on the north by the city limits, on the east by the center of Jonesboro Road and center of
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College Street, on the south by the Central of Georgia Railroad, on the west by the center of Hendrix Drive. Ward 3: Bounded on the north by the city limits, on the east by the city limits, on the south by the Central of Georgia Railroad, on the west by the center of College Street and center of Jonesboro Road. Ward 4: Bounded on the north by the Central of Georgia Railroad, on the east by Lake Drive (from Central) south to West Street and thence a line due south to the city limits, on the south by the city limits, on the west by the city limits. Ward 5: Bounded on the north by the Central of Georgia Railroad, on the east by East Street and thence a line due south from the center of East Street to city limits, on the south by the city limits, on the west by Lake Drive (from Central south to West Street and thence a line south to the city limits). Ward 6: Bounded on the north by the Central of Georgia Railroad, on the east by the city limits, on the south by the city limits, on the west by the center of East Street and thence a line due south from East Street to the city limits. Section 2.03. Qualifications for Council (Residence in Ward). A person desiring to qualify for the office of mayor or councilman shall specify in writing to the city clerk the office which he seeks, and, if qualifying for the office of councilman, shall state whether for councilman at large or for a designated ward. A councilman who qualifies to represent a designated ward in said city shall at the time of qualifying and at all times while holding office reside in that ward. Section 2.04. Qualifications for Mayor and Councilmen. To be eligible for the office of mayor or councilman, a person must be at least twenty-one years of age, and must meet the requirements of a qualified voter of said city, as prescribed by State law, must have physically resided in the City of
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Forest Park for at least one year preceding the election in which he offers as a candidate, and shall continue to physically reside in the city limits 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. When qualifying, a person shall provide the city clerk with an affidavit as described in Section 34A-901 of the Georgia Code Annotated. Section 2.05. 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 Saturday in October, 1973, and on said date every two years thereafter, a general election shall be held for mayor and the three councilmen (wards 1, 2 and 5) whose terms of office are expiring. On the last Saturday in October, 1974, and on said date every two years thereafter, a general election shall be held for four councilmen (wards 3, 4 and 6 and councilman-at-large) whose terms of office are expiring. Candidates who receive a majority of the votes cast in said election shall be elected to a term of office for two years and until their successors are duly elected and qualified. In the event no candidate for a designated office 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. Section 2.06. 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 two years and until their successors are elected and qualified. Section 2.07. City Council. The governing body of said city shall be composed of a mayor and seven councilmen, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this charter.
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The city council shall hold regular public meetings at a stated time and place as provided by ordinance but not less often than twice a month. Special or called meetings may be provided for by ordinance. The mayor and four councilmen or the mayor pro tem and four councilmen shall constitute a quorum, and all questions except as otherwise provided herein, shall be decided by a majority vote of a quorum. Section 2.08. 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 councilmen. He 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 2.09. Veto Power of Mayor. Within seven (7) days after the passage thereof the mayor may veto any resolution or ordinance of the council regardless of whether the mayor was present at the time of its enactment. The veto shall be in writing, setting forth the reason for said veto, (and) shall be addressed by registered mail to each and every member of the council to his home address. No later than the second council meeting after the mayor's veto the council may override the mayor's veto of any measure or Act by a vote of five (5) or more of its members to be taken by yeas and nays and entered upon the minutes of the council. Section 2.10. 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. The mayor pro tem shall perform the duties of the mayor during his absence from the city or his disability. Section 2.11. 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, adjudged legally incompetent, or is convicted of malfeasance in office, or
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of a felony, or moves from the ward he represents in the case of a councilman who represents a ward. 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: A vacancy in office (councilman or mayor) shall be filled by a special election called and held in accordance with the Georgia Municipal Election Code. However, no special election need be called if the vacancy occurs within 90 days of the date the term would normally expire. As in regular elections a candidate must receive a majority of the votes cast to be declared the winner and in the event no candidate receives a majority, a run-off election shall be held on the fourteenth day following. If the vacancy occurs within 90 days prior to the expiration of the term, the vacancy shall be filled at the next regular election under the same rules and regulations and provisions of law pertaining to the election of councilmen. Section 2.12. Compensation and Expenses. The salary for the members of the mayor and council shall be set (or the same will remain the same) in November or December of each year by the said governing body 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 was set. Section 2.13. City Manager. The mayor and council of the City of Forest Park are authorized to create in the city government of said city the office of city manager. The city manager shall be a person of good moral character and in his selection the governing body shall take into consideration the applicant's executive and administrative qualifications and experience. The compensation of the city manager shall be fixed by the governing body and he shall serve at the pleasure of same. It shall be the duty of the city manager to implement the policy of the governing body as the same is expressed in ordinances, resolutions, and official
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action. He may also serve as city clerk and as personnel director and as purchasing agent while also serving as city manager, when the governing body so directs. Section 2.14. City Clerk and City Treasurer. 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; 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 therefor 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 $50,000.00, said bond payable to the City of Forest Park 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 2.15. Bonds of City Employees. The governing body shall, in an amount to be determined by it, establish a bond for other city employees as described in Section 2.14 above for the city treasurer. Section 2.16. City Legislation. Any action of the city council having a regulatory or penal effect or required to be
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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 a 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 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, and he shall attach a copy of same to the original minutes of the meeting at which the same was adopted. Section 2.17. Readings. Any member of the governing body may introduce an ordinance at any regular meeting of the governing body. At the meeting at which an ordinance is introduced the same shall be read. The ordinance shall not be voted upon earlier than the next regular council meeting and if voted upon then the same shall be read a second time. 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,
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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 party; 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. The city council shall refer all proposed contracts, resolutions, and ordinances to the city attorney for approval as to form prior to execution or adoption. Section 3.04. Oath of Office. Before a person takes any office, elective or appointive, in the city government, he shall take before an officer of the State authorized to administer oaths, or the mayor, 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; and that I will in all respects observe the provisions of the charter and ordinances of the City of Forest Park 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 of the city, other than the mayor or councilmen shall continue in the employment of the city after becoming a candidate for nomination for election to any city office.
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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 fortyfive 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 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.
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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 submitted budget, with such modifications as the council considers necessary or desirable. Appropriations shall be by department, detailed and line-itemed. 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 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 and Budget Changes. 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 only from an existing unappropriated surplus. The council only shall have the authority to make changes in the adopted budget to shift funds from one line item to another or from one department to another. However, the mayor may authorize a shift in such funds, if in his sole judgment, an emergency exists and there is a need to be met before the next regular council meeting, provided the mayor must report such shift to the governing body at the next regular meeting. Section 4.05. Lapse of Appropriations. All unencumbered balances of appropriations in the current budget at the end of the fiscal year lapse into the general fund as unappropriated surplus or reserves, unless otherwise provided by law or the Code of Ordinances. Section 4.06. Capital Improvements Budget. (a) On or before a date fixed by the council but not later than fortyfive days prior to the beginning of each fiscal year, the mayor shall cause to be submitted to the council a proposed capital improvements budget with his recommendations as
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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 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 departments and 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. Taxation. 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 Forest Park. The governing body by ordinance shall elect to use the county assessment for the year in which the city taxes are to be levied and shall request the county
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to furnish appropriate information for such purpose. The governing body shall be empowered to enact ordinances and resolutions to provide for the assessment of property, the levying of taxes, the return of property for taxation, the collection of taxes, the providing of penalties for failure to pay tax when due, the issuance of fi. fas. and provisions for collection through garnishment and levy and for other purposes as appropriate. The governing authority shall have full power to levy license taxes, occupation taxes, excise taxes, and franchise taxes as provided by law. The governing body by ordinance shall have the right, power and authority to assess and collect fees, charges, and tolls for sewer services rendered both within and without the corporate limits of the City of Forest Park, to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. The governing body shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations, residing in or doing business in said city benefiting from such service. Suce authority shall include the power to assess, levy and collect annual, quarterly, or monthly sanitary taxes of fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitary service or service provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except liens for county and city property taxes, and shall be enforceable in the same manner
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and under the same remedies as a lien for city property taxes. Section 4.09. Millage and Tax Levy. The governing body shall fix the millage, not to exceed 20 mills, to be applied to the taxable evaluation of property on or before the first regular council meeting in July of each year. Upon the fixing of millage the governing body shall be authorized to levy and collect taxes accordingly as provided by law. If the governing body has not received fair market evaluation from Clayton County as required by law on or before the first regular meeting in July, the governing body shall be authorized to use the valuations of the prior year. Section 4.10. Tax Due Date and Tax Bills. The due date of property taxes shall be December 20 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, 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 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.
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Section 4.11. 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 4.12. Transfer of Executions. The clerk of the City of Forest Park 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 or 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 4.13. 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 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
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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. Municipal Elections. Except as otherwise provided in this charter or as otherwise provided in the Code of Ordinances (when variances are allowed by the Georgia Municipal Election Code) all elections general, special or bond shall be conducted in accordance with the Georgia Municipal Election Code (Title 34A of the Georgia Code Annotated) as it now exists or as it may hereafter be amended. Voters shall possess the qualifications and shall register as provided in said Code. Prior to each election the governing body shall appoint a municipal superintendent who shall perform the duties prescribed by said Code. 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 Forest Park, 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 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 Forest Park 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
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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. At the first regular meeting in January of each year the city council shall appoint a person to act as recorder for that year. The recorder shall serve at the pleasure of the governing body and until his successor is qualified. To serve as a recorder a person must be at least 21 years of age, a member of the State Bar of Georgia and shall have had at least one year's experience as a practicing attorney in the State of Georgia. The city council may appoint a recorder pro tem who shall have all the power and authority possessed by the recorder in the absence or disqualification of the recorder. The compensation of the recorder and recorder pro tem shall be fixed by the governing body. 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 Forest Park 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 the 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
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City of Forest Park 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 Forest Park. 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 oaths. Section 6.04. Right of Appeal. There shall be no right of appeal from the judgment of the recorder's court, but the right of certiorari shall exist in all criminal cases from the judgment of such court. Certiorari shall be obtained in the same manner as a writ of certiorari is obtained from a judgment of a justice of the peace. Section 6.05 SubpoenasProcesses and Rules. The recorder is hereby authorized to use or issue subpoenas to compel the attendance of witnesses at court and to issue such other processes as may be necessary for the proper administration of said court. The recorder shall have, with the approval of the city council, 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. ARTICLE VII CIVIL SERVICE SYSTEM Section 7.01. 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.
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To carry out this purpose, there shall be a department of personnel, the head of which shall be the personnel director, who shall be appointed annually by the mayor and council. Section 7.02. Personnel DirectorQualifications. The personnel director shall have had training and experience in personnel administration. The city manager may serve as personnel director provided he is appointed personnel director as provided herein. Section 7.03. Personnel DirectorPowers and Duties. The personnel director 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 publicity through appropriate channels in each case to all announcements 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 7.08 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,
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(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 personnel director or his authorized agent as being eligible therefor; (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 finding and recommendations to the city manager, 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 7.04. Personnel BoardAppointment; Removal. There shall be a personnel board consisting of five 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 years, except that of the members first appointed, one shall be appointed to serve for five years, one for four years, one for three years, one for two years, and one for one year. Vacancies in an unexpired term shall be filled by the mayor and council by appointment for the remainder of the term. A member
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of the board may be removed by 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 city manager. Section 7.05. Personnel BoardQualifications. 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 Forest Park. Section 7.06. Personnel BoardMeetings; Salary. The personnel board shall meet at the call of the chairman, any three members of the board, or the personnel director, upon two days' written notice, stating the purpose of the meeting. Three members of the board shall constitute a quorum and three affirmative votes shall be required for the transaction of any official business. Members of the board shall be paid at the rate of twenty ($20) dollars per meeting for time devoted to the business of the board. Section 7.07. Personnel BoardPowers and Duties. The board shall have power and shall be required to: (a) Advise the mayor and council and the director on problems concerning personnel administration; (b) Advise and assist the director 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 city manager 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 city manager its decision and said
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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 or ordinary are taken to the superior court; (e) Perform such other duties with reference to personnel administration not inconsistent with this charter, as the council may require by ordinance. Section 7.08. Rules. (a) Within six months after the appointment of the first director under this Section, the director 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 city manager 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 director 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 effected, and similar matters of personnel administration. (c) The powers herein conferred upon the director shall be subject only to the provisions of this Section and of the
Page 3743
rules adopted hereunder, and may be exercised by regulation or by order as the director sees fit. Section 7.09. 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; (2) The city manager and the assistant manager, if any; (3) Personnel director, civil service director, city attorney, city recorder, police crossing watchman; (4) Members of the board and commissions in the city's service; (5) Part-time and temporary employees. (b) The classified service shall comprise all positions not specifically included by this Section in the unclassified service. Section 7.10. Classification Plan. (a) The director of personnel shall prepare an up-to-date record of the authority, duties, and responsibilities of each position in the classified service. Within one year after the appointment of the first director under this Section, the director shall prepare and submit to the city manager a plan of classification and grading of all such positions according to similarity of authority, duties and responsibilities. The city manager shall submit the classification 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. (b) Changes in the classification plan which the director 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.
Page 3744
(c) As promptly as practicable after the adoption of the classification plan, and after any amendment thereof, the director shall, with the approval of the city manager, 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 director 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 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 director 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 director a written request for a hearing. Section 7.11. Promotions. Vacancies in higher positions in the classified services of the city shall, as far as practicable, be filled by promotion from lower classes following competitive tests; provided, that in case the city manager 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 director of personnel shall, to the extent he considers such actions desirable, indicate the principal or normal lines of promotion from and to each class in the class specifications or in regulations. Section 7.12. Pay Plan. The director of personnel shall
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prepare for the city manager a standard schedule of pay for each position in the classified service. The city manager 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 and shall include a minimum and maximum and such intermediate rates as may be deemed desirable for each class or position. Amendments to the pay schedule may be adopted by the mayor and council from time to time upon recommendation of the city manager. In increasing 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 7.13. Oaths. For the purpose of the administration of the personnel provisions of this Chapter, any member of the personnel board shall have the power to administer oaths. Section 7.14. Prohibitions; Penalties. 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 or affiliations. No person shall wilfully 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
Page 3746
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 cty 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 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 wilfully 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 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 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
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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 SPECIFIC REPEALER Section 9.01. An Act incorporating the City of Forest Park, approved August 14, 1908 (Ga. L. 1908, p. 685), as amended by an Act approved August 16, 1913 (Ga. L. 1913, p. 816), an Act approved August 17, 1929 (Ga. L. 1929, p. 1093), an Act approved March 22, 1935 (Ga. L. 1935, p. 1074), an Act approved March 24, 1939 (Ga. L. 1939, p. 1060), an Act approved March 24, 1939 (Ga. L. 1939, p. 1061), an Act approved February 13, 1941 (Ga. L. 1941, p. 1450), an Act approved March 27, 1947 (Ga. L. 1947, p. 964), an Act approved February 25, 1949 (Ga. L. 1949, p. 1960), an Act approved February 8, 1950 (Ga. L. 1950, p. 2144), an Act approved February 19, 1951 (Ga. L. 1951, p. 2434), an Act approved February 13, 1952 (Ga. L. 1952, p. 2479), an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2855), an Act approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3029), an Act approved February 10, 1956 (Ga. L. 1956, p. 2040), 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 March 17, 1960 (Ga. L. 1960, p. 2770), an Act approved March 28, 1961 (Ga. L. 1961, p. 2503), 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. 2175), an Act approved April 9, 1963 (Ga. L. 1963, p. 3201), an Act approved April 6, 1965 (Ga. L. 1965, p. 3272), an Act approved April 25, 1969 (Ga. L. 1969, p. 3550), an Act approved April 10, 1971 (Ga. L. 1971, p. 3610), an Act approved April 10, 1971 (Ga. L. 1971, p. 3837), an Act approved April 10, 1971 (Ga. L. 1971, p. 3979), and an Act approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2193), is hereby repealed in its entirety.
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ARTICLE X GENERAL REPEALER Section 10.01. 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 1973 Session of the General Assembly of Georgia a Bill to create a new charter for the City of Forest Park, Georgia, and for other purposes. This is to certify that Notice of Intention to Introduce Local Legislation re: a bill to create a new charter for the City of Forest Park, Georgia, and for other purposes, as shown in attached newspaper cutting was published in News/Daily, the county legal organ, January 9, 16, 23, 1973. /s/ Jim Wood Publisher Sworn to and subscribed before me, this the 23rd day of January, 1973. /s/ Helen W. Jenkins Notary Public, Georgia, State at Large My Commission Expires Sept. 17, 1974. (Seal). Approved April 19, 1973. COMPENSATION TO STEPHEN E. PENDLEY AUTHORIZED. No. 25 (House Resolution No. 16-58). A Resolution. Compensating Mr. Stephen E. Pendley; and for other purposes.
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Whereas, on December 23, 1971, Mr. Stephen E. Pendley was driving his 1968 Plymouth northward on Georgia Highway 3 and U. S. Highway 41, approximately 50 feet south of Holland Florist in the city limits of Calhoun, Georgia; and Whereas, Mr. Pendley stopped his vehicle in traffic and while so stopped was struck from the rear by a 1969 Plymouth owned by the Department of Public Safety, and operated by one of its employees, causing personal injury in the amount of $29.00, property damage in the amount of $1,408.38, and necessitating the purchase of a new car, the interest on the purchase price of which amounted to $104.00; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Pendley, 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 Department of Public Safety is hereby authorized and directed to pay the sum of $1,437.38 to Mr. Stephen E. Pendley 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 19, 1973. CITY OF ATLANTACHARTER AMENDEDCOURT COUNSELOR PROVIDED. No. 707 (Senate Bill No. 218). 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; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of
Page 3750
Georgia and it is hereby enacted by authority of the same that the Act entitled, An Act Establishing a New Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. There shall be a court counselor of the Municipal Court of Atlanta, who shall be a member in good standing of the State Bar of Georgia and who shall be selected by a majority vote of the judges of said court. The court counselor shall serve for a term of four years from the date of appointment. The duties of said office shall be to assist the court in the administration of justice and approve certiorari and appearance bonds as authorized by the court. Court counselor. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. PERSONALLY appeared before me, the undersigned, Jack L. Stephens, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the Sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: 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 1973 Session of the General Assembly of Georgia, which convenes
Page 3751
on Monday, January 8, 1973, 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 14th day of December, 1972. Henry L. Bowden City Attorney, City of Atlanta This 12th day of February, 1973. /s/ Jack L. Stephens Sworn to and subscribed before me, this 12th day of February, 1973. /s/ Alice E. Enright Notary Public, Georgia State at Large. My Commission Expires April 5, 1974. Approved April 19, 1973. COMPENSATION TO HOYT KEENER AUTHORIZED. No. 26 (House Resolution No. 17-58). A Resolution. Compensating Mr. Hoyt Keener; and for other purposes. Whereas, on December 1, 1971, a 1964 Ford Fairlane belonging to Mr. Hoyt Keener was parked in Aldon's parking lot abutting Industrial Boulevard in the City of Calhoun, Georgia; and Whereas, a 1965 Ford dump truck belonging to the State Highway Department, now the State Department
Page 3752
of Transportation, and operated by one of its employees, was traveling north on Industrial Boulevard, ran off the road onto a soft shoulder, slid into a ditch and overturned, spilling the asphalt which it was carrying onto Mr. Keener's vehicle, causing damage in the amount of $267.27; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Keener, so it is only fiting and proper that he be reimbursed for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to pay the sum of $260.27 to Mr. Hoyt Keener 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 19, 1973. WHITE COUNTY WATER AND SEWERAGE AUTHORITY ACT. No. 708 (Senate Bill No. 231). An Act to create the White County Water and Sewerage Authority; to authorize such Authority to acquire, construct, equip, operate, maintain, own and improve projects embracing sources of water supply, the treatment, distribution and sale of water to individuals, private concerns and governmental units, the collection, treatment and disposal of sewage waste and storm water, and any related facilities; to confer powers and impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of office; to authorize the Authority to contract with political subdivisions and with others pertaining to the water and sewerage facilities and to execute leases and do all things deemed necessary or convenient for the operation
Page 3753
of such undertakings or projects; to authorize the issuance of revenue bonds of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority 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 and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such obligations; to provide that no debt of White County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds and other obligations of the Authority exempt from taxation; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds be validated; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the White County Water and Sewerage Authority Act. Section 2. There is hereby created a body corporate and politic, to be known as the White County Water and Sewerage Authority, which shall be deemed to be 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, exccept that the Authority or the trustee acting under any trust indenture shall in no event be liable for any torts committed by any of its officers, agents or employees. The Authority shall consist of five members as follows: ex officio and Mayors of the cities of Cleveland and Helen, and ex officio Chairman of the Board of Commissioners of White County, and two additional members who shall be elected by the ex officio members, who shall be residents of White County residing outside the corporate limits of any municipality located within White County. Each of the ex officio members shall remain members of the Authority as long as they retain their respective elective office. The
Page 3754
appointive members of the Board shall serve for terms of office of two years and until their successors are appointed and qualified. The members of the Authority shall select one of their number to serve as Chairman. Immediately after the passage of this Act, the members of the Authority shall enter upon their duties and, as soon as is practicable thereafter, they shall hold an organizational meeting. The members shall elect a secretary and treasurer, who need not be a member of the Authority. Three members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the authority of the quorum to exercise all of the rights and powers of and perform all of the duties and obligations of the Authority. The members of the Authority shall not be entitled to any compensation for their services but 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. Creation. Section 3. As used in this Act, the following words and terms shall have the following meanings: (a) The word Authority shall mean the White County Water and Sewerage Authority created by Section 2 of this Act. Definitions. (b) The word project shall be deemed to mean and include the acquisition and construction of systems, plants, works, instrumentalities, and properties: (1) used or useful in connection with the obtaining of a water supply and the conservation, treatment, distribution and sale of water for public and private uses; (2) used or useful in connection with the collection, treatment and disposal of sewage, waste and storm water; together with all parts of any such system, plant, work, instrumentality and property and all appurtenances thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewerage disposal plants, intercepting sewers, trunk-connecting and other sewers and watermains, filtration works, pumping stations, and equipment.
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(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, the cost of engineering, architectural, fiscal 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 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 bonds authorized to be issued pursuant to this Act and revenue bonds may be issued by the Authority as authorized herein without any other actions or proceedings. Section 4. The Authority shall have the power: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease, gift or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; Powers. (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
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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 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 enter into agreements with any municipality within White County with respect to acquiring a source of water supply, providing sewerage service, preparing engineering data, plans and specifications for a water and sewerage system, extending water mains, apportioning the costs of constructing, extending and maintaining a water or sewerage system, or both, providing for the testing and inspection of facilities constructed, providing for rates to be charged for water and sewerage services furnished to users of the said system, providing for the reading of meters and keeping of pertinent records, apportioning or designating the responsibility for any functions normally maintained by a water and sewerage system, providing for the ownership of the various facilities constructed or acquired, and providing for such other matters or contingencies as might be necessary or desirable in order to secure within White County a satisfactory and reliable water and sewerage system at the most reasonable cost possible; (e) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (f) 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
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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 sewerage service and facilities or either of them by the Authority to such municipal corporations and counties and by such municipal corporations and counties to the Authority for a term not exceeding 50 years. As to any political subdivision, department, institution or agency of this State which shall enter into an agreement under the authority granted herein or in subsection (d) above, the obligation to perform and fulfill such agreement shall constitute a general obligation of such entity for which its full faith and credit shall be and hereby is pledged; (g) 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 or from the State of Georgia or any agency, instrumentality or political subdivision thereof; (h) To make loans with, and accept grants of money or materials or property of any kind from, the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (i) To make loans with, and accept grants of money, materials or property of any kind from, the State of Georgia or any agency, instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality or political subdivision may impose;
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(j) 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; (k) To exercise any power usually possessed by private corporations performing similar functions, including the power to make short term loans and to approve, execute and deliver appropriate evidence of any such indebtedness, provided no such power is in conflict with the Constitution or general laws of this State; and (l) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to borrow money for the purpose of paying all or any part of the cost, as herein defined, or any one or more projects and to provide by resolution for the issuance of negotiable revenue bonds for that purpose. 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 maximum limit prescribed in the Revenue Bond Law, as now or hereafter amended, payable semiannually, shall mature at such time or times not exceeding 30 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. Revenue bonds. Section 6. 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
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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. Same. Section 7. All such bonds shall bear the manual or facsimile signature of the Chairman of the Authority, the attesting manual or facsimile signature of the Secretary of the Authority and the official seal of the Authority shall be affixed thereto. The signature of one of such officers shall be placed manually on each bond. Any coupons attached thereto shall bear the manual or facsimile signature of the Chairman or the Secretary of the Authority. Any coupon may bear the facsimile signature of such person and any bond may bear the facsimile signature of and may be manually signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Same. Section 8. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the laws of the State of Georgia pertaining to negotiable instruments. Such bonds are declared to be issued for essential public and governmental purposes and the said bonds, their transfer and the income therefrom, shall be exempt from all taxation within the State. Section 9. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority. Section 10. The proceeds of such bonds shall be used
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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 any trust indenture, additional bonds may in like manner be issued to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds or in any trust indenture, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the fund hereinafter to be used for paying the principal of and the interest on such bonds. Section 11. 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. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 13. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special or adjourned meeting of the Authority by a majority of the quorum as in this Act provided. Section 14. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of White County nor a pledge of the faith and credit of the said county, but such bonds shall be payable solely from the fund hereinafter
Page 3761
provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 15. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust identure by and between the Authority and a corporate trustee, which may be any trust company or bank within or without the State having the powers of a trust company. Such trust indenture may pledge or assign fees, tolls, charges, 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 therefor and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such 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 private corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper
Page 3762
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. The Authority shall, in the resolution providing for the issuance of revenue bonds or in any trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person 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. The revenues, fees, tolls, charges and earnings derived from any particular project or projects, regardless of whether or not such fees, tolls, charges, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or as 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 on 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, interest, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in any trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in any trust indenture, surplus monies in the sinking fund may be applied to
Page 3763
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. 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 resoluion passed before the issuance of the bonds or by any trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia 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. The Authority is hereby authorized to provide by resolution for the issue of revenue refunding bonds of the Authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 20. 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 White County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 21. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as now or hereafter amended. The petition
Page 3764
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 to furnish or receive the services and facilities of the water and sewerage 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 exist, 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 White County Water and Sewerage Authority. Validation. Section 22. While any of the bonds issued by the Authority remain outstanding, the power, 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. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 23. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as proceeds of short-term loans, 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. Trust funds. Section 24. Without limiting the generality of any provisions of this Act, the general purpose of the Authority is
Page 3765
declared to be that of acquiring, constructing, equipping, maintaining and operating adequate water supply, treatment and distribution facilities and sewerage collection, treatment and distribution facilites; making such facilities and the services thereof available to public and private consumers and users located in White County and its environs, including municipalities within and wthout the said county and to adjoining counties; extending and improving such facilities; and, doing all things deemed by the Authority necessary, convenient and desirable for and incident to the efficient and proper development and operation of such type of undertakings. Purpose. Section 25. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls or charges, and to revise from time to time and collect such rates, fees, tolls or charges for the services, facilities or commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of the water and sewerage 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. Rates, etc. Section 26. The properties of the Authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the State of Georgia, and not for purposes of private or corporate benefit and income, and such properties and the Authority shall be exempt from all taxes and special assessments of any city, county, or the State or any political subdivision thereof. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sales and use taxes on property purchased by the Authority or for use by the Authority. Public property. Section 27. 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. Rules.
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Section 28. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced in the 1973 regular session of the General Assembly of Georgia, a bill to create a water and sewer authority for White County, Georgia; to create and establish the rights, authority, powers and organization of the authority to provide all the necessary procedure; to abolish conflicting laws and for other purposes. This 26th day of December, 1972. Maylon K. London State 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 Notice of Intention to Introduce Local Legislation was published in the Cleveland Courier which is the official organ of White County, on the following dates: January 4, 11, 18, 1973. /s/ Maylon K. London Senator, 50th District. Sworn to and subscribed before me, this 13th day of February, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 19, 1973.
Page 3767
COMPENSATION TO MRS. MARIE CRUMBLEY AUTHORIZED. No. 27 (House Resolution No. 18-58). A Resolution. Compensating Mrs. Marie Crumbley; and for other purposes. Whereas, on June 12, 1972, a 1970 Ford Maverick belonging to Mrs. Marie E. Crumbley was parked at 3033 Vista Brook Drive, approximately two miles north of the limits of Avondale Estates, Georgia; and Whereas, a 1964 Ford pickup truck belonging to the State Department of Transportation, and operated by one of its employees, backed out of a driveway striking the left front fender and bumper of Mrs. Crumbley's vehicle, causing damages which have not been compensated by insurance in the amount of $50.00; and Whereas, said accident occurred through no fault or negligence on the part of Mrs. Crumbley, 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 Department of Transportation is hereby authorized and directed to pay the sum of $50.00 to Mrs. Marie Crumbley 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 19, 1973.
Page 3768
CERTAIN MUNICIPALITIESRETIREMENTCERTAIN LENGTH OF SERVICE PROVISIONS CHANGED, ETC. (300,000 OR MORE). No. 712 (House Bill No. 178). An Act to amend the Act approved August 20, 1927 (Ga. L. 1927, pp. 265, et seq.), as amended, providing that cities having a population of not more than 200,000 (as provided in an amendment to said Act in Ga. L. 1972, p. 3801, section 1, approved April 13, 1972) as disclosed by the United States Census of 1920, or any subsequent census, and having a population of more than 300,000 (as provided in an amendment to said Act in Ga. L. 1972, p. 3803, section 1, approved April 13, 1972), according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to officers and employees of such cities and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof; so as to provide that there shall be changed from ten (10) to five (5) years the period of active service required of an employee before compensation would become payable by virtue of the death of such employee, other than in line of duty; so as to provide that there shall be changed from ten (10) to five (5) years the required period of active service or employment of an employee before such employee would be entitled to receive a disability pension because of being totally and permanently disabled by reason of accident or illness, and other than injury in line of duty; 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 and the several Acts amendatory thereof be and the same is hereby further amend as follows: Section 1. That section 12 of the amendment to said Act, approved March 27, 1941 (Ga. L. 1941, pp. 469, et seq.), as amended by section 4 of an amendment to said Act, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 276, et seq.), as amended by section 1 of an amendment to said
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Act, approved March 4, 1966 (Ga. L. 1966, pp. 3002, et seq.), which now appears as section 11.1.63 of the Charter and Related Laws of the City of Atlanta, Georgia, be further amended by repealing the words ten years where the same now appear in said section and by enacting in lieu thereof the words five years, so that said Section when so amended shall read as follows: Where any employee participating in the provisions of this act shall die while in active service and after having had not less than five years of active service prior to his death, his beneficiary as defined in this act, shall be entitled to receive a pension representing three-fourths of the amount that said member would have been entitled to receive in the future had such member not died but had become as of the date of his death totally and permanently disabled within the provisions of this act. In other words, the amount paid to such beneficiary shall represent three-fourths of the amounts that such member would have received had such member not died but on the other hand had become, as of the date of death, totally and permanently disabled within the provisions of this act, and as provided in section 9 (11.-1.66) below. Fractional parts of years shall be counted in determining the amount of the pension to be paid to the beneficiary of an employee who shall die while in the active service of the city and after having had not less than five years of active service prior to his death. Beneficiary. Section 2. That the first unnumbered paragraph of section 6 of the amendment to said Act, approved March 13, 1957 (Ga. L. 1957, pp. 3272, et seq.), as amended by section 2 of the amendment to said Act, approved March 6, 1962 (Ga. L. 1962, pp. 3138, et seq.), as amended by section 1 of the amendment to said Act, approved March 4, 1966 (Ga. L. 1966, pp. 3057), et seq.), as appears in section 11.1.65 of the Charter and Related Laws of the City of Atlanta, Georgia, as follows: Any person entitled to disability benefits under the provisions of this Act, as amended, may receive such benefits after he has been in the active employment of the City for a period of ten years.
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be amended by repealing the same in its entirety and by enacting in lieu thereof the following: Any person entitled to disability benefits under the provisions of this Act, as amended, other than as a result of an injury sustained in the line of duty, may receive such benefits after he has been in the active employment of the City for a period of five years. Section 3. That the first sentence of the first unnumbered paragraph of section 9 of the amendment to said Act, approved March 27, 1941 (Ga. L. 1941, pp. 461, et seq.), as set out in section 3 of said amending Act (Ga. L. 1941, pp. 468, 470, 471), as amended by section 1 of an Act approved March 7, 1966 (Ga. L. 1966, pp. 3309, et seq.), as the same now appears in section 11.1.66 of the Charter and Related Laws of the City of Atlanta, Georgia, is amended by repealing in said first sentence the word and figure ten (10) and by enacting in lieu thereof the word and figure five (5), so that said first paragraph of said Section, containing said first sentence, as so amended, shall read as follows: Any member of said pension fund who shall hereafter become, because of accident or illness, totally and permanently disabled within the meaning of such terms as defined by law, may apply for a disability pension, and if such pension is approved by a majority of the board of trustees and the same shall be granted upon the following basis: No person shall be granted any pension whatsoever for disability until such person has been in the employment of the city for a period of five (5) years. Such persons shall be entitled to receive as a pension such percentage of the full pension provided for as his years of service bears to twenty-five (25) years. That is to say, a person granted a pension at the expiration of fifteen (15) years shall be entitled to receive fifteen twenty-fifths (15/25ths) of the amount he would receive had he served a period of twenty-five (25) years. If such person had served twenty (20) years, he would receive twenty twenty-fifths (20/25ths) of whatever sum he would have been entitled to had he served twenty-five (25) years. In determining the number of years of service, fractional parts of years shall be counted. That is to say, the person
Page 3771
who has served eighteen (18) years and nine (9) months would be pensioned on a basis of eighteen and seventy-five one-hundredths twenty-fifths (18.75/25ths) of the full pension or for eighteen (18) and three-fourths ([frac34]ths) years of service. Permanently disabled. 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 19, 1973. COMPENSATION TO RUTLEDGE CHEVROLET COMPANY AUTHORIZED. No. 28 (House Resolution No. 28-98). A Resolution. Compensating Rutledge Chevrolet Company; and for other purposes. Whereas, on August 21, 1971, a 1965 Plymouth belonging to Mrs. Virginia Gray was parked in the front yard of Mrs. Gray's residence just off U. S. Highway 11 in Trenton, Georgia; and Whereas, a 1970 Ford belonging to the Department of Public Safety, and operated by one of its employees, rolled into Mrs. Gray's yard striking her car and causing property damage in the amount of $587.08; and Whereas, Mrs. Gray was without the use of her vehicle from August 21 through October 4, 1971; and Whereas, House Resolution No. 624-1459 (Ga. L. 1972, p. 4135) was enacted by the 1972 session of the General
Page 3772
Assembly of Georgia compensating Mrs. Gray in the amount of $587.08, as recommended by the State Claims Advisory Board; and Whereas, said Resolution did not compensate Mrs. Gray for the loss of use of her vehicle, for which she had sought $368.00 in compensation; and Whereas, Mrs. Gray declined to endorse or cash the check issued to her by the Department of Public Safety because she was not compensated for the loss of use of her vehicle and has returned said check; and Whereas, Mrs. Gray's vehicle has been repaired by Rutledge Chevrolet Company of LaFayette, Georgia, and the repair bill in the amount of $587.08 remains unpaid. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and directed to pay to Rutledge Chevrolet Company of LaFayette, Georgia, the sum of $587.08 as compensation for the repair of the 1965 Plymouth belonging to Mrs. Virginia Gray of Trenton, Georgia. Said sum shall be paid from 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 and all claims for the repair of the 1965 Plymouth belonging to Mrs. Virginia Gray. Be it further resolved that the compensation to Rutledge Chevrolet Company provided by this Resolution shall be in lieu of any compensation to Mrs. Virginia Gray arising from the damage to her vehicle, and the authorization of compensation to Mrs. Gray contained in Ga. L. 1972, p. 4135 and the Resolution compensating Mrs. Virginia Gray, approved April 3, 1972, (Ga. L. 1972, p. 4135) are hereby repealed in their entirety. Approved April 19, 1973.
Page 3773
COLUMBUSCHARTER AMENDEDHOMESTEAD EXEMPTIONS AUTHORIZEDURBAN SERVICE DISTRICT TAXES. No. 716 (House Bill No. 387). An Act to amend the Charter of Columbus, Georgia to apply Homestead Exemptions to Urban Services District taxes; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That section 7-103(1) of the Charter of Columbus, Georgia p. 2007, be and the same is hereby amended by deleting therefrom the following: the General Services District of the consolidated government as defined in Article I, section 1-103 (2) of this Charter, and substituting in lieu thereof the following: the territory of the consolidated government as defined in Article I, section 1-102 of this Charter, and that said section 7-103 (1) be further amended by deleting therefrom the words, and provided further, that such homestead exemptions shall not apply to the taxes separately levied in the urban services district or districts, so that said Section 7-103 (1) when thus amended, shall read as follows: Sec. 7-103. Homestead exemptions. (1) The homestead exemptions provided under the Constitution and laws of Georgia presently in force or as hereafter amended shall be applicable to all such property subject to ad valorem taxes within the territory of the consolidated government as defined in Article I, section 1-102 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 Muscogee County school district. Section 2. 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 the newspaper in which sheriff's advertisements for the locality
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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 the Bill. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1973, for the passage of a Bill amending the Charter of Columbus, Georgia, to apply homestead exemptions to Urban Services District taxes; and for other purposes. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and County, Maynard R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to-wit, December 14, 21, 28, 1972. /s/ M. R. Ashworth Sworn to and subscribed before me, this the 3rd day of January, 1973. /s/ Wallace A. Kitchen Notary Public, Muscogee County, Georgia. (Seal). Approved April 19, 1973.
Page 3775
COMPENSATION TO JAMES TUCKER AUTHORIZED. No. 29 (House Resolution No. 33-113). A Resolution. Compensating Mr. James Tucker; and for other purposes. Whereas, Mr. James Tucker is a patient at the Youth Development Center, Augusta, Georgia; and Whereas, on February 1, 1971, Mr. Tucker was working in the laundry of such center and was in the process of running sheets through a sheet pressing machine; and Whereas, as Mr. Tucker backed up to the pressing machine, one of his hands became caught in such machine and was crushed; and Whereas, Mr. Tucker has lost complete use of his hand and has suffered damages in the amount of $9,000.00; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Tucker 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 Human Resources is hereby authorized and directed to pay the sum of $9,000.00 to Mr. James Tucker 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 19, 1973.
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PERRY TELEPHONE AUTHORITY ACT. No. 723 (House Bill No. 1050). An Act to create and establish a telephone Authority for the City of Perry and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve telephone facilities or systems, or both, 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 telephone facilities and systems 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 telephone rate charges, 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 Perry 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
Page 3777
exercise the power of condemnation; to provide for other matters relative thereto; 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. Short Title. This Act may be cited as the Perry Telephone Authority Act. Section 2. Perry Telephone Authority. There is hereby created a body corporate and politic to be known as the Perry Telephone 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 Perry Telephone Authority shall be composed of three members to be appointed by the City Council of the City of Perry. Initial members shall be appointed by the City Council within thirty days following the approval of this Act or within thirty days after it otherwise becomes law. One member shall be appointed to Post 1 and shall serve an initial term of office to expire on July 1, 1976, and until his successor is duly appointed and qualified. One member shall be appointed to Post 2 and shall serve an initial term of office to expire on July 1, 1975, and until his successor is duly appointed and qualified. The third initial member shall be appointed to Post 3 and shall serve an initial term of office to expire on July 1, 1974, 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 of the Authority shall be appointed ninety days prior to the expiration of the term of office of such members.
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Section 4. Meetings. The Authority shall hold its 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 Perry Telephone 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 a telephone system for the City of Perry, 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
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telephone system, 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 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
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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 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
Page 3781
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 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 a private 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,
Page 3782
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 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
Page 3783
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. 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
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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 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,
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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 Perry. 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 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 subsantially 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
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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 indetnure. 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 particiular 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
Page 3787
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, 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
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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 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 municipal, 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 Perry Telephone 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 Houston 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
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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 telephone facilities and systems, 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.
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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 telephone facilities or service 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 the City of Perry, 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.
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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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to create a telephone authority for the town of Perry, Georgia; to provide for all matters relative thereto; and for other purposes. This 2nd day of January, 1973. Larry C. Walker, Jr. Representative, 100th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker who, on oath, deposes and says that he is Representative from the 100th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, on the following dates: January 4, 11, 18, 1973. /s/ Larry Walker Representative, 100th District Sworn to and subscribed before me this 1st day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973.
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COMPENSATION TO MOBILE HOME INDUSTRIES, INC. AUTHORIZED. No. 30 (House Resolution No. 49-161). A Resolution. Compensating Mobile Home Industries, Inc. of Tallahassee, Florida; and for other purposes. Whereas, on July 29, 1971, a truck belonging to Mobile Home Industries, Inc. of Tallahassee, Florida, and operated by an employee thereof, was pulling a mobile home along Georgia Highway 319 approximately 12 miles north of Tifton, Georgia; and Whereas, said truck and mobile home entered a bridge at which time a motor vehicle approaching the truck from the opposite direction slowed down; and Whereas, a truck belonging to the State Highway Department, now the State Department of Transportation, and operated by one of its employees, skidded into the motor vehicle as it slowed down, jackknifed, and struck the truck and mobile home belonging to Mobile Home Industries, Inc., causing damage in the amount of $250.00 to the truck and in the amount of $1,467.23 to the mobile home; and Whereas, said accident occurred through no fault or negligence on the part of Mobile Home Industries, Inc. or its employees, 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 State Department of Transportation is hereby authorized and directed to pay the sum of $1,717.23 to Mobile Home Industries, Inc. as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall
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be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1973. CITY OF MOULTRIECHARTER AMENDEDCORPORATE LIMITS CHANGED, ETC. No. 724 (House Bill No. 1114). 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 April 10, 1971 (Ga. L. 1971, p. 3982), so as to change the corporate limits of said city; to provide an interest rate on executions issued by 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 Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 3982), 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 Moultrie be such as to include and embrace therein all area lying within the following boundary lines: Begin at the Original Southwest corner of Land Lot Number 337 in the 8th Land District of Colquitt County, Georgia, and from said point of beginning run North 88 59[prime] East along the South Original Line of said Land Lot 2390 feet, more or less, to the West margin of the Moultrie-Thomasville Highway, U. S. 319, thence run South 23 39[prime] East along the West margin of said Highway 1304 feet, thence run North 66 30[prime] East 100 feet, thence run North 23 30[prime] West 410 feet, thence run North 66 30[prime] East 290 feet, thence run South 23 30[prime] East 300 feet, thence run South
Page 3794
56 30[prime] West 290 feet, thence run South 23 30[prime] East 110 feet, thence run South 66 30[prime] West 100 feet to the West margin of the Moultrie-Thomasville Highway, U. S. 319, thence run in a Southerly direction along the West margin of said Highway to a point which is North 82 West 100 feet, more or less, from the Northwest corner of lands of Tucker, thence run South 82 East 463 feet to the Northeast corner of lands of Tucker, thence run South 82 30[prime] West 181 feet to the Southeast corner of lands of Tucker, thence run North 82 West 463 feet to the West margin of the Moultrie-Thomasville Highway, U. S. 319, thence run in a Southerly direction along the West margin of said Highway to a point which is South 89 30[prime] West 100 feet from the Southwest corner of lands of The Hospital Authority of Colquitt County, Georgia, in Land Lot 383 in the 8th Land District of Colquitt County, thence run North 89 30[prime] East 2475 feet to the West margin of the right-of-way of the Georgia Northern Railroad, thence run in a Northwesterly direction along the West margin of said railroad right-of-way 2600 feet, thence run North 88 39[prime] East 820 feet, more or less, to the Southeast corner of lands of Pineland School, thence run North 12 03[prime] West 1100 feet, thence run South 88 39[prime] West 820 feet, more or less, to the West margin of the Georgia Northern Railroad right-of-way, thence run in a Northwesterly direction along the West margin of said railroad right-of-way to the Northeast corner of the Drive In Theater, thence run South 9 35[prime] West 800 feet, thence run North 85 15[prime] West 1001 feet to the East margin of the Old Moultrie-Thomasville Road at its intersection with the Moultrie-Thomasville Highway, U. S. 319, thence run North 9 50[prime] East along the East margin of the Old Moultrie-Thomasville Road 915 feet to a point South 80 10[prime] East 36 feet from the Northeast corner of Lot 4 of the Property of A. C. Clark, thence run North 80 10[prime] West 191.2 feet to the Southeast corner of property of Jemique C. Harrell, thence run North 26 30[prime] West 150 feet, thence run South 63 30[prime] West 280 feet to the East margin of the Moultrie-Thomasville Highway, U. S. 319, thence run North 23 30[prime] West along the East margin of said Highway 259.3 feet, thence run North 66 30[prime] East 827 feet, thence run North 9 30[prime] East 317.4 feet, thence run South 88 59[prime] West 280 feet, thence run North 9 30[prime] East 600 feet, thence
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run North 68 59[prime] East 645 feet, more or less, to the East margin of the right-of-way of the Georgia Northern Railroad, thence run South 12 03[prime] East along the East margin of said railroad right-of-way 1200 feet, thence run North 88 39[prime] East 360 feet, thence run North 12 03[prime] West 1200 feet, thence run South 88 39[prime] West 360 feet to the East margin of the right-of-way of the Georgia Northern Railroad, thence run Northwesterly along the East margin of said railroad right-of-way 2710 feet, thence run North 81 East 1050 feet, thence run North 9 West 400 feet, thence run South 81 West 1050 feet to the East margin of said Georgia Northern Railroad right-of-way, thence run in a North-westerly direction along the East margin of said railroad right-of-way 5210 feet, more or less, to the Old South City Limits Line as defined in the Acts of 1943, Ga. L. 1943 pp. 1458 et. seq., which Old South City Limits Line lies 5860 feet South of and parallel to a straight line running East and West through the center of the County Courthouse Square; thence run East along said Old South City Limits Line 2360 feet, more or less, to the Old Southeast corner of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458, et seq., which point is the point of intersection of said Old South City Limits Line with the Old East City Limits Line which said line is three-quarters of a mile East of and parallel to a straight line running North and South through the center of the County Courthouse Square; thence run North along said Old East City Limits Line 1000 feet, more or less, to the South Original Lot Line of Land Lot Number 292 in the 8th Land District of Colquitt County; thence run East along the South Original Lot Lines of Land Lots Numbers 292, 293 and 294 in the 8th Land District of Colquitt County a distance of 10,250 feet, more or less, to a point where said South Original Lot Line of Land Lot 294 intersects with the Southwest margin of the Moultrie-Quitman State Highway Number 33; thence run in a Southeasterly and Southerly direction along the West margin of the said Moultrie-Quitman State Highway to the point of intersection of the West margin of said Highway with a point opposite the Southwest corner of Spence Field, thence run North 69 17[prime] East 227 feet, thence run North 25 30[prime] West 783 feet, thence run South 86 30[prime] East 418.6 feet, thence
Page 3796
run South 29 30[prime] East 597.4 feet, thence run North 69 17[prime] East 575.64 feet, thence run North 72 54[prime] East 1299.84 feet, thence run North 79 59[prime] East 859.14 feet, thence run North 7 22[prime] West 1229.54 feet, thence run North 31 58[prime] East 1548.94 feet, thence run North 03 16[prime] East 760.57 feet, thence run North 52 18[prime] East 96.02 feet, thence run North 16 01[prime] West 1462.50 feet, thence run North 30 19[prime] West 791.44 feet, thence run North 50 12[prime] West 1473.14 feet, thence run North 00 05[prime] West 759.46 feet, thence run North 81 05[prime] West 1773.93 feet, thence run North 82 52[prime] West 600.82 feet, thence run South 89 16[prime] West 803.58 feet, thence run North 88 19[prime] West 3690.86 feet, thence run south 01 36[prime] West 2391.97 feet, thence run North 88 30[prime] West 1116.10 feet to the East margin of the Moultrie-Quitman State Highway, thence run in a North-westerly direction along the East margin of the Moultrie-Quitman State Highway to its intersection with the South original Lot Line of Land Lot 294 in the 8th Land District of Colquitt County, thence run North parallel with the Old East City Limits Line a distance of 4530 feet, thence run West parallel with the South Lot Lines of Lots 294 and 293 a distance of 3600 feet to the East margin of County Road, thence run in a Northeasterly direction along the East margin of said road to the South margin of the right-of-way of the Georgia Florida Railroad, thence run in a Westerly direction along the South margin of said railroad right-of-way to the Northwest corner of Lot 1 in Block A of the First Addition to Kingwood Heights Subdivision, thence run West parallel with the South Lot Line of Lot 293 to the East Original Lot Line of Land Lot Number 261 in the 8th Land District of Colquitt County; thence run North along the East Original Lot Line of said Land Lot Number 261, 4000 feet, more or less, to its intersection with an extension Eastward of the Old North City Limits Line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458 et seq., which line lies three-quarters of a mile North of and parallel to a straight line running East and West through the Center of the County Courthouse Square; thence run South 89 41[prime] West along said extention of the Old North City Limits Line 4750 feet, more or less, to the East Lot Line of Original Land Lot Number 262 in the 8th Land District of Colquitt County;
Page 3797
thence run North 1 30[prime] West along the East Original Lot Line of said Land Lot Number 262 and along the East Original Lot Line of Land Lot 245 in the 8th Land District of Colquitt County 1215.6 feet, more or less, to the Northeast corner of Section 4 of the J. B. Norman, Jr., Subdivision of said Land Lot 245 as shown by a plat thereof recorded in Deed Book V, Pages 432-433, Colquitt County Records; thence run South 89 31[prime] West along the North lines of Sections 4, 5 and 12 of said J. B. Norman, Jr. Subdivision of Land Lot 245 3065.4 feet to a point which is 210 feet East of the intersection of said Line with the East margin of the right-of-way of U. S. Highway 319 (First Street, N.E.); thence run North parallel to and 210 feet from the East margin of the right-of-way of U. S. Highway 319 a distance of 250 feet, thence run East 172 feet; thence run North 215 feet; thence run South 70 West 194.5 feet to a point that is on a line perpendicular to the center line of U. S. 319 and which is 210 feet from the East margin of the right-of-way of said Highway; thence run North parallel to and 210 feet from the East margin of the right-of-way of U. S. 319 a distance of 1300 feet; thence run West parallel with said Old City Limits Line 1200 feet, more or less, to the West margin of the Old Moultrie-Sylvester State Highway; thence run in a Southerly direction along the West margin of said Old Moultrie-Sylvester State Highway 1025 feet, more or less, to the Northeast corner of property of Lloyd Baxter, thence run South 89 05[prime] West 141.95 feet to an iron pin; thence run South 05 50[prime] East 539.95 feet to a nail driven into concrete, this line runs along and East of a spur railroad track being 6 feet from the center line of said spur track at the nearest point; thence run South 83 40[prime] West 169.8 feet to an iron pin, and the East right-of-way of the Georgia Northern Railroad; thence run along the East margin of said Georgia Northern Railroad the following calls: South 11 24[prime] East 55.35 feet, South 14 42[prime] East 100.0 feet, South 19 21[prime] East 100.0 feet, South 25 04[prime] East 46.75 feet to an iron pin, South 07 50[prime] East 50.33 feet to an iron pin, North 84 09[prime] East 15.79 feet to an iron pin, South 30 41[prime] East 71.1 feet, South 35 08[prime] East 100.0 feet to an iron pin, South 86 00[prime] West 18.8 feet to an iron pin, South 37 36[prime] East 68.45 feet, South 42 34[prime] East 100.0 feet, South 46 15[prime]
Page 3798
East 100.0 feet to an iron pin; thence leaving said railroad right-of-way run North 47 31[prime] East 54.35 feet to an iron pin and the West margin of the Old Moultrie-Sylvester State Highway and North Main Street extended; thence run South along the West margin of the Old Moultrie-Sylvester State Highway and North Main Street extended a distance of 240 feet, more or less, to the South margin of the right-of-way of the Georgia Northern Railroad; thence run in a Northwesterly direction along the South margin of the right-of-way of the Georgia Northern Railroad 135 feet to a point which is 150 feet West of the West margin of North Main Street extended measured perpendicular thereto; thence run South parallel to the West margin of said North Main Street extended a distance of 600 feet to a point 150 feet West of the West margin of North Main Street on said Old North City Limits line; thence run West along said Old North City Limits line to its intersection with an extension of the East margin of First Street, N.W.; thence run North 0 44[prime] East 111 feet; thence run North 3 15[prime] West 387 feet; thence run in a Northwesterly direction along an arc delineated by an Old Fence on the South margin of property of the Georgia Northern Railway Company 405.05 feet, more or less, to the South margin of property of Swift Company; thence run North 87 38[prime] West 29 feet; thence run South 0 44[prime] West 1837.3 feet to said Old North City Limits line; thence run West along said Old North City Limits Line 435 feet, more or less, to the East margin of the right-of-way of Alternate Moultrie-Albany State Highway Number 133; thence run Northwesterly along the East margin of said State Highway Number 133 a distance of 2700 feet, more or less, to the Southwest corner of property of Agricultural Chemical Company; thence run North 59 45[prime] East 546 feet; thence run North 15 41[prime] West 80.6 feet to the South margin of the West Bypass; thence run along the South margin of said Bypass South 86 35[prime] West 160.55 feet, South 84 54[prime] West 100.0 feet, South 80 55[prime] West 100.0 feet, South 77 41[prime] West 100.0 feet, South 73 14[prime] West 100.0 feet, South 70 45[prime] West 29.1 feet; thence run West across Alternate Moultrie-Albany State Highway Number 133 and in a Southwesterly direction along the South margin of said West Bypass to its intersection with the East margin of
Page 3799
Ninth Street, N. W., extended; thence run West parallel with the Old North City Limits Line to a point 4900 feet West of the East margin of the right-of-way of said Alternate State Highway Number 133; thence run South parallel with the Old West City Limits line of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458 et seq., which Old West City Limits Line is located three-quarters of a mile West of and parallel to a straight line running North and South through the center of the Courthouse Square, to a point 1000 feet from the center line of the Moultrie-Camilla State Highway Number 37 measured along a line perpendicular to the center line of said Highway; thence run in a Northwesterly direction along a line parallel to and 1000 feet North of the center line of said Moultrie-Camilla State Highway a distance of 2201.2 feet; thence run North 89 5[prime] East 484.3 feet; thence run North 2 56[prime] West 1135 feet; thence run South 89 55[prime] West 1090.9 feet; thence run South 2 15[prime] East 938.15 feet to a point 1000 feet North of the center line of said Moultrie-Camilla State Highway; thence run West Northwesterly along a line 1000 feet North of the center of said Moultrie-Camilla State Highway 1290.8 feet to the center line of Hamilton Road in Camilla Heights Subdivision; thence run South along the center line of said Hamilton Road a distance of 1000 feet to the center line of said Moultrie-Camilla State Highway; thence continue in a Southerly direction along an extension of the center line of said Hamilton Road a distance of 500 feet; thence run in a Southeasterly direction along a line parallel to and 500 feet South of the center line of said Moultrie-Camilla State Highway a distance of 5550 feet, more or less, to the center line of the Ochlocknee River; thence run various courses and distances in a Southerly direction along the center line of the Ochlocknee River 7950 feet, more or less, to a point 3250 feet West of the Southwest corner of the Old City Limits of the City of Moultrie as defined by the Acts of 1943, Ga. L. 1943, pp. 1458 et seq.; thence run Southeasterly to a point North 23 31[prime] East 31.7 feet from the Southwest corner of Lot 3 in Block E of the Carlton Woods Subdivision; thence run South 23 31[prime] West 31.7 feet to the Southwest corner of Lot 3 in Block E of the Carlton Woods Subdivision; thence run South 42 52[prime] West 429 feet; thence run South 54 22[prime]
Page 3800
West 300 feet; thence run South 26 38[prime] East 555 feet; thence run North 75 48[prime] East 572 feet; thence run South 31 04[prime] East 391.4 feet; thence run North 57 18[prime] East 436 feet; thence run South 28 30[prime] East 297.2 feet to the North margin of the right-of-way of the Moultrie-Meigs Post Road; thence run in a Southwesterly direction along the North margin of the right-of-way of said Moultrie-Meigs Post Road 2102 feet, more or less, to the Southeast corner of property of Robert Duggan; thence run North 61 4[prime] West 360 feet; thence run South 28 56[prime] West 360 feet; thence run South 61 4[prime] East 360 feet to the North margin of the right-of-way of the said Moultrie-Meigs Post Road; thence run South 21 31[prime] East 1542 feet to the South Original Lot Line of Land Lot 336 in the 8th Land District of Colquitt County, Georgia; thence run North 88 59[prime] East along the South Original Lot line of said Land Lot 336, 1994 feet, more or less, to the Original Southeast corner of said Lot which is the Original Southwest corner of Land Lot 337 and the point of beginning; EXCEPT that there shall not be included in said City of Moultrie that area encompassed within the present corporate limits of the Town of Riverside, the 14.34 acre tract described in the deed from the Moultrie-Colquitt County Development Authority to Bedford D. Maule and June D. Maule recorded in Deed Book 264, Pages 104, 105, Colquitt County Records, which tract is located on Spence Field, and Lots 4 and 5 of `Property of John M. Rhodes' as shown by a plat prepared by J. M. Leverett, C. E., under date of 5-9-1953 and recorded in Plat Book 1, Page 296, Colquitt County Records. Section 2. Said Act is further amended by adding at the end of section 102 a new sentence to read as follows: From and after the effective date of this Act the interest rate on all executions issued by the City of Moultrie for any purpose shall be nine percent (9%). Interest rate. Section 3. 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
Page 3801
at the 1973 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 3, 1943, (Ga. L. 1943, pp. 1458-1498), and Acts amendatory thereof, and for other purposes. 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 122nd 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 8, 15, 22, 1973. /s/ Dorsey R. Matthews Representative, 122nd District Sworn to and subscribed before me, this 1st day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. COMPENSATION TO MRS. BILLY W. CAMPBELL AUTHORIZED. No. 31 (House Resolution No. 50-161). A Resolution. Compensating Mrs. Billy W. Campbell; and for other purposes.
Page 3802
Whereas, on August 30, 1971, a Chevrolet truck owned by the State Highway Department, now the State Department of Transportation, and operated by one of its employees, was being driven along Bemiss Road (Georgia Highway 125) in the Pine Grove School Area, north of the City of Valdosta, Georgia; and Whereas, said truck skidded out of control, striking Mrs. Billy W. Campbell's 1967 Mercury from the rear, while it was stopped preparing to make a left-hand turn, causing damage to her vehicle in the amount of $1295.00; and Whereas, Mrs. Billy W. Campbell was required to expend $70.00 for wrecker service and car storage, and spent $300.00 for car rental; and Whereas, the accident occurred through no fault or negligence of Mrs. Billy W. Campbell, 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 Department of Transportation is hereby authorized and directed to pay to Mrs. Billy W. Campbell the sum of $1295.00. Said sum shall be paid from funds appropriated to or available to the State Department of Transportation, and shall be in full and complete satisfaction of all claims arising out of said occurrence. Approved April 19, 1973. CITY OF OCILLACORPORATE LIMITS CHANGEDCHARTER AMENDED. No. 725 (House Bill No. 1123). An Act to amend an Act incorporating the City of Ocilla, approved December 18, 1902 (Ga. L. 1902, p. 525), as
Page 3803
amended, so as to extend the corporate limits thereof; 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 Ocilla, approved December 18, 1902 (Ga. L. 1902, p. 525), as amended, is hereby amended by adding between Section 2B and section 3 a new section, to be known as section 2C, to read as follows: Section 2C. In addition to the present corporate limits from and after the passage of this Act, the corporate limits of the City of Ocilla shall embrace all that tract or parcel of land within a rural paved road known as the Ocilla-Osierfield-Frank Paved Road and its present right-of-way, all in Land Lot No. 5 and 6 in the Fifth Land District of Irwin County, Georgia, and being more particularly described as follows: COMMENCING at a point on the West right-of-way line of the Ocilla-Osierfield-Frank Paved Road where said road intersects the present northeastward City Limits line of said city and running thence across said Ocilla-Osierfield-Frank Paved Road and its right-of-way line to the south-east right-of-way line of said road; and then running along the southeast right-of-way line of said road North 35 degrees 14 minutes east 1595.12 feet to a point in the beginning of a curve; thence continuing along said curve and along the northeast right-of-way line of said road to a point where the north original line of Land Lot No. 6 intersects said road. Thence running along said Land Lot line north 88 degrees 43 minutes west 80 feet to the northwest right-of-way line of said public road. Thence continuing along the northwest right-of-way line of said public road in a south-easterly direction along said boundary line and right-of-way line of said road to the intersection of a graded public road and the Ocilla-Osierfield-Frank Public Paved Road which is the present northeast boundary of the City Limits of Ocilla, the Place of Beginning. The above described tract takes in no private property and embraces said public road only.
Page 3804
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 Mayor and City Council of the City of Ocilla, Georgia, have requested that a bill be introduced and passed in the General Assembly extending the City Limits of said city within the right-of-way of a portion of a rural road known as Frank Road, said road running northeastward at the present intersection of Frank Road and the City Limits and ending at a point some 2,476 feet northeastward from said beginning point. The proposed area will take in no private property and it will enclose said right-of-way only. This 8th day of January, 1973. Ted Hudson Representative Irwin County, Georgia Georgia, Irwin County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable W. S. Bradford, Jr., who, on oath, deposes and says that he is Publisher of the Ocilla Star and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star, which is the official organ of said county, on the following dates: January 11, January 18, January 25, 1973. /s/ W. S. Bradford, Jr. Publisher, The Ocilla Star Sworn to and subscribed before me, this 28th day of February, 1973. /s/ Murphey Rogers Notary Public, Irwin County, Georgia. My Commission expires 12-5-74. (Seal). Approved April 19, 1973.
Page 3805
JOSEPH SIMMONS ALEXANDER, SR., MEMORIAL BRIDGE NAMED. No. 32 (House Resolution No. 54-161). A Resolution. Renaming the Piney Bluff Bridge spanning the Altamaha River on U. S. Highway 1 between Lyons and Baxley, Georgia, the Joseph Simmons Alexander, Sr. Memorial Bridge, and for other purposes. Whereas, Joseph Simmons Alexander, Sr. did more than any other person to get this bridge constructed across the mighty Altamaha; and Whereas, he served as a member of the Board of County Commissioners and was influential in routing U. S. Highway 1 through Toombs County; and Whereas, he gave one and three-fourths miles of right-of-way for U. S. Highway 1 and gave the land on which the bridge was constructed; and Whereas, he was a farmer and timberman by profession and helped cut the timber that went into the bridge; and Whereas, he was known throughout his life as a Christian gentleman, a man who loved his country and his family; and Whereas, he was the father of twelve children, two of whom served in the Armed Forces of this Nation, one giving his life for his country during World War II; and Whereas, he loved his fellow man and his deeds of love and charity will never be forgotten. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to redesignate the
Page 3806
Piney Bluff Bridge spanning the Altamaha River on U. S. Highway 1 between Lyons and Baxley, Georgia, as the Joseph Simmons Alexander, Sr. Memorial Bridge and is further directed to erect at each end of the bridge appropriate plaques which are to be provided for by the friends of the Alexander family. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this Resolution to the Commissioner of the State Department of Transportation, and to the family of the late Joseph Simmons Alexander, Sr. Approved April 19, 1973. CITY OF OCILLACHARTER AMENDEDQUALIFICATIONS FOR CERTAIN OFFICERS CHANGED. No. 726 (House Bill No. 1124). An Act to amend an Act incorporating the City of Ocilla in Irwin County, Georgia, approved December 18, 1902 (Ga. L. 1902, p. 525), as amended, so as to provide that an officer or any person holding any office in said City of Ocilla shall not be required to vote at the election of said city in order to hold certain offices in 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. An act incorporating the City of Ocilla in Irwin County, Georgia, approved December 18, 1902 (Ga. L. 1902, p. 525), as amended, is hereby amended by striking section 26 in its entirety and substituting in lieu thereof, a new section 26, to read as follows: Section 26. The officers heretofore mentioned in section 13 shall be eligible to hold office under this Act regardless
Page 3807
of whether said person is eligible to vote or not at the election of said city and any officer in this incorporation, who shall be guilty of malpractice or abuse of powers confided in him shall be subject to indictment in Superior Court, and on conviction shall be fined as for a misdemeanor and on conviction removed from office. 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 1973 session of the General Assembly of Georgia a bill to amend the charter creating the City of Ocilla, Georgia, approved 1902; Ga. L. 1902, p. 525 Et Seq., as amended, so as to change section 535 of the charter of the City of Ocilla to provide that any officer or any person holding any office in said city should not be required to vote at the election of said city in order to hold office in said city. This 8th day of January, 1973. Ted Hudson Representative, Irwin County, Georgia Georgia, Irwin County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Honorable W. S. Bradford, Jr., who, on oath, deposes and says that he is Publisher of the Ocilla Star and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ocilla Star, which is the official organ of said county, on the following dates: January 11, January 18, and January 25, 1973. /s/ W. S. Bradford, Jr. Publisher, Ocilla Star
Page 3808
Sworn to and subscribed before me, this 28th day of February, 1973. /s/ Murphey Rogers Notary Public, Irwin County, Ga. My Commission expires 12-5-74. (Seal). Approved April 19, 1973. COMPENSATION OF HOYT JACKSON LaCROY AUTHORIZED. No. 33 (House Resolution No. 62-191). A Resolution. Compensating Mr. Hoyt Jackson LaCroy; and for other purposes. Whereas, on February 1, 1972, a 1955 Chevrolet pickup truck belonging to Mr. Hoyt Jackson LaCroy was parked at the State Highway Maintenance barn in Banks County; and Whereas, while Mr. LaCroy's truck was parked, a 1969 Chevrolet truck, belonging to the State Highway Department, now the State Department of Transportation, and operated by one of its employees, struck Mr. LaCroy's vehicle, causing damage in the amount of $42.00; and Whereas, said accident occurred through no fault or negligence on the part of Mr. LaCroy, 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 Department of Transportation is hereby authorized and directed to pay the sum of $42.00 to Mr. Hoyt Jackson LaCroy as compensation as provided above. Said sum shall be paid from funds appropriated to
Page 3809
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 19, 1973. HABERSHAM COUNTY BOARD OF EDUCATIONELECTION OF MEMBERS AUTHORIZED, ETC.REFERENDUM. No. 727 (House Bill No. 1126). An Act to authorize and direct the Ordinary of Habersham County to hold an election on the question of establishing a Board of Education of Habersham County to be elected by the people of said County and appointing the County School Superintendent by said Board of Education; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be the duty of the Ordinary of Habersham County to issue the call for an election for the purpose of submitting the question of establishing an elective County Board of Education and having said Board appoint the County School Superintendent to the voters of the Habersham County school district for approval or rejection. The Ordinary shall set the date of such election for November 6, 1973. The call for such election shall be issued 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 week for two weeks immediately preceding the date thereof, in the official organ of Habersham County. The ballot shall have written or printed thereon the words: () YES () NO Shall legislation be enacted to provide for the election of the Board of Education of Habersham County by the voters of Habersham County and to provide for the appointment of the County Superintendent of Schools by such Board of Education? Referendum.
Page 3810
All persons desiring to vote in favor of the enactment of such legislation shall vote Yes, and those persons desiring to vote against the enactment of such legislation shall vote No. The expense of such election shall be borne by Habersham 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 and to each member of the General Assembly of Georgia whose Senatorial or Representative District includes Habersham County or any portion thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to provide for the election of the County Board of Education of Habersham County, to provide for the appointment of the County School Superintendent of Habersham County by the Board of Education, to provide for a referendum, to repeal conflicting laws, and for other purposes. This 12 day of February, 1973. Hubert G. Ritchie Representative Habersham County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hubert G. Ritchie 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 Tri-County Advertiser which is the official organ of
Page 3811
Habersham County, on the following dates: February 15, 22, March 1, 1973. /s/ Hubert G. Ritchie Representative, 11th District Sworn to and subscribed before me, this 1st day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. COMPENSATION TO BRUCE G. ELLETT AUTHORIZED. No. 34 (House Resolution No. 72-217). A Resolution. Compensating Mr. Bruce G. Ellett; and for other purposes. Whereas, on June 2, 1972, the 1965 Buick of Mr. Bruce Ellett was parked on Hill Pine Drive, N. E. in the City of Atlanta, Fulton County, Georgia; and Whereas, a truck owned by the Department of Transportation and operated by one of its employees was traveling east on Hill Pine Drive, N. E. and struck the left fender and bumper of Mr. Ellett's Buick; and Whereas, Mr. Ellett was required to expend the sum of $176.61 in order to repair the damage to his automobile; and Whereas, the accident occurred through no fault or negligence of Mr. Ellett, so it is only fitting and proper that he be reimbursed for his loss.
Page 3812
Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Transportation is hereby authorized and directed to pay the sum of $176.61 to Mr. Bruce G. Ellett 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 19, 1973. TOWN OF HOMERCHARTER AMENDEDTERMS OF OFFICE OF MAYOR AND COUNCILMEN CHANGED, ETC. No. 728 (House Bill No. 1128). An Act to amend an Act establishing and creating a new charter for the Town of Homer, Banks County, Georgia, approved December 3, 1897 (Ga. L. 1897, p. 234), as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 2587), so as to change the terms of office of the mayor and councilmen of said town beginning with the election in 1974; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing and creating a new charter for the Town of Homer, Banks County, Georgia, approved December 3, 1897 (Ga. L. 1897, p. 234), as amended by an Act approved March 9, 1959 (Ga. L. 1959, p. 2587), 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. No person shall be eligible for election or appointment as mayor or councilman of said town unless he is twenty-one (21) years of age at the time of his election or appointment, and unless he shall have resided within the corporate limits of said town for twelve (12) months immediately preceding his election or appointment. The term
Page 3813
of office of the mayor and councilmen elected in the municipal election in 1973 shall be one year from the time of their election and until their successors are elected and qualified. The term of office of the mayor and councilmen elected in the municipal election in 1974 and in the municipal election every two years thereafter shall be for two years from the time of their election and until their successors are elected and qualified. Term. Section 2. Said Act is further amended by striking from section 6, the following: Be it further enacted, that on the first Thursday in January next, and on every first Thursday in January annually thereafter, there shall be held in the court house or council chamber in Homer, Georgia, an election for mayor and councilmen of said town, at which election all citizens of said town twenty-one years of age, who shall have resided within the corporate limits of said town six months immediately preceding the day of election, who may be entitled to vote for members of the General Assembly in this State, who shall have worked upon the streets, sidewalks and alleys of said town the number of days they have been required to work in the year in which said election is held, or paid a commutation tax in lieu thereof, according to the provisions of this Act and the by-laws and ordinances of said corporation, and who shall have paid all taxes and fines due said town or corporation, shall be entitled to vote at such election for mayor and councilmen of said town; and no person shall be entitled to vote at such election except the persons hereinabove referred to in this section., and substituting in lieu thereof, the following: On the first Thursday in January in 1974, and on every first Thursday in January in each even-numbered year, there shall be held in the courthouse or council chamber in Homer, Georgia, an election for mayor and councilmen of said town, at which election all citizens of said town eighteen years of age, or older, who shall have resided within the corporate limits of said town six months immediately preceding the day of election, who may be entitled to vote for members of the General Assembly in this State, and
Page 3814
who shall have paid all taxes and fines due said town, shall be entitled to vote at such election for mayor and councilmen of said town; and no person shall be entitled to vote at such election except the persons hereinabove referred to in this Section. Election. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intended Legislation. You are hereby notified that the undersigned intends to introduce at the 1973 session of the General Assembly of the State of Georgia, a local or special bill for the purpose of amending that certain Act approved December 3, 1897 (Ga. L. 1897, p. 234) incorporating the Town of Homer, as amended, including an Act approved March 3, 1959 (Ga. L. 1959, p. 2587) particularly Section 5 of the Act of 1897, so as to change the terms of the offices of mayor and councilmen of said town from one (1) year to two (2) years beginning with the election to be held in the year 1974. This the 12th day of February, 1973. Jack Irvin State Representative House District 10 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin 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 Jackson Herald which is the official organ of Banks County, on the following dates: February 14, 21, 28, 1973. /s/ Jack Irvin Representative, 10th District
Page 3815
Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. COMPENSATION TO MRS. SARA A. L. POWELL AUTHORIZED. No. 35 (House Resolution No. 78-262). A Resolution. Compensating Mrs. Sara A. L. Powell; and for other purposes. Whereas, on February 10, 1972, Mrs. Sara A. L. Powell was driving her car on Georgia Highway 138 approximately 3.3 miles west of Monroe, Georgia; and Whereas, Mrs. Powell was following a pick-up truck, belonging to the State Highway Department, now the State Department of Transportation, and operated by one of its employees, which pick-up truck pulled completely off the highway and on to a shoulder to make a U turn; and Whereas, Mrs. Powell continued in her lane and proceeded to pass the State Highway Department pick-up truck which then, without signal or warning, pulled back on to the highway and struck Mrs. Powell's car on the right side, causing damage to Mrs. Powell's car in the amount of $171.98; and Whereas, the accident occurred through no fault or negligence of Mrs. Powell, so it is only fitting and proper that she be reimbursed for her loss.
Page 3816
Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to pay to Mrs. Sara A. L. Powell the sum of $171.98 as compensation for her damages. Said sum shall be paid from funds appropriated to or available to the State Department of Transportation, and shall be in full and complete satisfaction of all claims arising against the State of Georgia out of said occurrence. Approved April 19, 1973. TOWN OF HAMPTONCHARTER AMENDEDRECORDER'S COURT CREATED, ETC. No. 729 (House Bill No. 1137). An Act to amend an Act incorporating the Town of Hampton in the County of Henry, approved August 23, 1872 (Ga. L. 1872, p. 206), as amended, particularly by an Act approved August 26, 1891 (Ga. L. 1890-91, Vol. II, p. 610), as amended, so as to create a recorder's court; to provide for the appointment, 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 repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Hampton in the County of Henry, approved August 23, 1872 (Ga. L. 1872, p. 206), as amended, particularly by an Act approved August 26, 1891 (Ga. L. 1890-91, Vol. II, p. 610), is hereby amended by striking the last sentence in section VII of said amendatory Act of 1890-91 in its entirety and inserting in lieu thereof the following: Said mayor and council shall have power to enact appropriate
Page 3817
ordinances for the accomplishment of all of the purposes hereinbefore enumerated, and for the punishment of offenders in relation to any of the matters aforesaid, and all ordinances they may deem necessary for preserving the peace, health or good order, and good government of the town and to enforce all ordinances by them adopted not inconsistent with the laws of this State. Ordinances. Section 2. Said Act is further amended by striking section VIII in its entirety and inserting in lieu thereof a new section VIII to read as follows: Section VIII. (a) There is hereby established a court to be known as the `Recorder's Court', Town of Hampton, 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 Hampton 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. Recorder's Court. (b) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years
Page 3818
or if he has been convicted of a crime involving moral turpitude. The recorder shall be appointed by the mayor and council, and shall serve at their pleasure. The compensation of the recorder shall be fixed by the mayor and council. (c) 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. (d) 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 mayor and council. (e) 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. (f) The recorder shall have power to impose fines, costs and forfeitures, for the violation of any law or ordinance of the Town of Hampton passed in accordance with this charter, for each offense in an amount not to exceed three hundred dollars ($300.00), 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 town 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
Page 3819
limits of the Town of Hampton, which warrants may be executed by an 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 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 Town of Hampton. The recorder's court is specificially 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. (g) The right of appeal and procedures pertaining to appeal bonds to the Superior Court of Henry 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. An appeal to the superior court shall be a de novo proceeding. (h) In all cases in the recorder's court of the Town of Hampton, 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 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 mayor and 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 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
Page 3820
such other processes as may be necessary for the proper administration of said court. 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 1973 Session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Hampton in the County of Henry, approved August 23, 1872 (Ga. L. 1872, p. 206), as amended, so as to provide for the creation of a recorder's court for said city; to provide for all matters relative thereto; and for other purposes. This 6th day of February, 1973. Ray M. Tucker Representative, 69th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker 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 Henry County Weekly Advertiser which is the official organ of Henry County, on the following dates: February 8, 15, 22, 1973. /s/ Ray M. Tucker Representative, 69th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973.
Page 3821
COMPENSATION TO WILLIAM P. COWELL AUTHORIZED. No. 36 (House Resolution No. 79-262). A Resolution. Compensating Mr. William P. Cowell; and for other purposes. Whereas, on April 18, 1972, Mr. William P. Cowell was operating his 1966 Econoline Ford vehicle in a westerly direction along East Pine Street within the corporate limits of the City of Swainsboro, Emanuel County, Georgia; and Whereas, as he came to the intersection of East Pine Street and South Coleman Street a vehicle belonging to the Department of Transportation and being operated by an employee of said Department pulled out from said intersection and struck Mr. Cowell's vehicle; and Whereas, there was a traffic stop sign on South Coleman Street and Mr. Cowell had the right-of-way on East Pine Street; and Whereas, the damages of $173.00 incurred by Mr. Cowell as a result of said collision were sustained by him through no fault or negligence on his part and it is only fitting and proper that he be reimbursed therefor. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to pay the sum of $173.00 to Mr. William P. Cowell 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 19, 1973.
Page 3822
TOWN OF LOCUST GROVECHARTER AMENDEDRECORDER'S COURT CREATED, ETC. No. 730 (House Bill No. 1141). An Act to amend an Act creating a new charter for the Town of Locust Grove, approved August 19, 1922 (Ga. L. 1922, p. 885), as amended, so as to create a recorder's court; to provide for the appointment, 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 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 Locust Grove, approved August 19, 1922 (Ga. L. 1922, p. 885), as amended, is hereby amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follows: Section 11. There is hereby established a court to be known as the `Recorder's Court', Town of Locust Grove, 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 Locust Grove 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
Page 3823
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. Created. Section 2. Said Act is further amended by striking section 13 in its entirety and inserting in lieu thereof a new section 13 to read as follows: Section 13. (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years or if he has been convicted of a crime involving moral turpitude. The recorder shall be appointed by the mayor and council, and shall serve at their pleasure. The compensation of the recorder shall be fixed by the mayor and council. Qualifications. (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 partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council. (d) 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.
Page 3824
Section 3. 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 recorder shall have power to impose fines, costs and forfeitures, for the violation of any law or ordinance of the Town of Locust Grove passed in accordance with this charter, for each offense in an amount not to exceed three hundred dollars ($300.00), 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 town 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 Town of Locust Grove, which warrants may be executed by an 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 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 Town of Locust Grove. 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 authorized the abatement of nuisances. Said recorder is hereby authorized to administer oaths. Powers. Section 4. Said Act is further amended by adding a new section immediately following section 14, to be designated section 14A, to read as follows:
Page 3825
Section 14A. The right of appeal and procedures pertaining to appeal bonds to the Superior Court of Henry 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. An appeal to the superior court shall be a de novo proceeding. Appeal. Section 5. Said Act is further amended by adding a new section immediately following Section 14A, to be designated section 14B, to read as follows: Section 14B. In all cases in the recorder's court of the Town of Locust Grove, 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 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 mayor and 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 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. Costs. 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 1973 Session of the General Assembly of Georgia, a bill to amend Act incorporating the City of Locust Grove
Page 3826
in the County of Henry, approved August 19, 1922 (Ga. L. 1922, p. 885), as amended; and for other purposes. This 8th day of February, 1973. Ray M. Tucker Representative, 69th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker 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 Henry County Weekly Advertiser which is the official organ of Henry County, on the following dates: February 15, 22, March 1, 1973. /s/ Ray M. Tucker Representative, 69th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 16, 1976. (Seal). Approved April 19, 1973. COMPENSATION TO EUGENE REDDING AUTHORIZED. No. 37 (House Resolution No. 80-262). A Resolution. Compensating Mr. Engene Redding; and for other purposes. Whereas, on May 30, 1972, Mr. Eugene Redding stopped his 1968 Plymouth automobile behind a 1972 International
Page 3827
dump truck, belonging to the State Highway Department, now the State Department of Transportation, and operated by one of its employees on Prior Station Road, approximately 125 feet west with its intersection with Tenth Street in the City of Cedartown, Georgia; and Whereas, said Highway Department truck was stopped in the road, due to resurfacing of said road; and Whereas, while Mr. Redding's vehicle was stopped the Highway Department vehicle backed into Mr. Redding's car, causing damage in the amount of $334.30; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Redding, 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 Department of Transportation is hereby authorized and directed to pay the sum of $334.30 to Mr. Eugene Redding 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 19, 1973. MARION COUNTYAPPOINTMENT OF SCHOOL SUPERINTENDENT, ETC.REFERENDUM. No. 731 (House Bill No. 1144). An Act to provide that at the expiration of the term of office of the present Marion County School Superintendent, the Board of Education of Marion County shall appoint the School Superintendent; 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:
Page 3828
Section 1. At the expiration of the term of office of the present Marion County School Superintendent, or in the event a vacancy shall occur in such office prior to the expiration of such term of office, the Board of Education of Marion County shall appoint the Marion County School Superintendent. Thereafter, the Marion County School Superintendent shall serve at the pleasure of the Board of Education of Marion County. Appointment. Section 2. It shall be the duty of the Ordinary of Marion County to issue the call for an election for the purpose of submitting this Act to the electors of the Marion County School District for approval or rejection. The Ordinary shall set the date of such election for that day on which the 1974 general election shall be conducted. 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 Marion County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing that at the expiration of the present term of office of the Marion County School Superintendent, the Board of Education of Marion County shall appoint 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 Marion 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 3829
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 1973 regular session of the General Assembly of Georgia a bill to change the method of electing the county school superintendent of Marion County, and for other purposes. Ward Edwards Representative, 95th 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 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marion County Patriot which is the official organ of Marion County, on the following dates: January 4, 11, 18, 1973. /s/ Ward Edwards Representative, 95th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Yvonne Redding Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1975. (Seal). Approved April 19, 1973.
Page 3830
COMPENSATION TO GERALDINE DODGEN AUTHORIZED. No. 38 (House Resolution No. 81-262). A Resolution. Compensating Geraldine Dodgen; and for other purposes. Whereas, on December 22, 1971, a 1963 Ford Fairlane, belonging to Geraldine Dodgen, was parked in front of Jim and Jerrie's Service Station on U. S. Highway 278, approximately 2.5 miles east of the limits of Cedartown, Georgia; and Whereas, a 1969 Plymouth belonging to the State Department of Public Safety, and operated by one of its employees, went out of control while traveling east on said highway, skidded and struck the parked vehicle belonging to Geraldine Dodgen, totally demolishing said vehicle; and Whereas, said vehicle belonging to Geraldine Dodgen had a fair market value of $500.00 and was unrepairable; and Whereas, said accident occurred through no fault or negligence on the part of Geraldine Dodgen, 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 Department of Public Safety is hereby authorized and directed to pay the sum of $500.00 to Geraldine Dodgen 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 19, 1973.
Page 3831
MURRAY COUNTYCOMMISSIONERCOMPENSATION CHANGED, ETC. No. 732 (House Bill No. 1146). An Act to amend an Act creating the Commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved February 26, 1970 (Ga. L. 1970, p. 2159), so as to change the compensation and expense allowance of the Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Commissioner of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved February 26, 1970 (Ga. L. 1970, p. 2159), 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 Commissioner of Murray County shall receive an annual salary of fifteen thousand ($15,000.00) dollars, payable in equal monthly installments from the funds of Murray County. In addition to his annual salary, he shall be reimbursed for his actual expenses incurred in the discharge of the official duties of his office. 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. Georgia, Murray County. Notice is hereby given that local legislation will be introduced in the 1973 Session of General Assembly of Georgia
Page 3832
a bill to amend an Act entitled Murray County Compensation of County Commissioner (Ga. L. 1970, Vol. 2, p. 2159) so as to change the compensation of the Commissioner of Murray County and for other purposes. Thomas J. Turner Representative, District No. 3, Post No. 6. Georgia, Murray 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 Murray County, on the following dates: January 11, 18, 25, and Feb. 1, 1973. /s/ Thomas J. Turner Representative, 3rd District Sworn to and subscribed before me, this 20th day of February, 1973. /s/ Robbie Cowart Notary Public, Georgia State at Large. My Commissione Expires Feb. 4, 1976. (Seal). Approved April 19, 1973. W. A. (AT) NAIL BRIDGE DESIGNATED. No. 39 (House Resolution No. 87-280). A Resolution. Authorizing and directing the State Department of Transportation to designate a bridge in Tattnall County as the W. A. (At) Nail Bridge; and for other purposes.
Page 3833
Whereas, W. A. (At) Nail, a noted farmer and country store merchant, was one of Tattnall County's most distinguished, respected and dedicated sons; and Whereas, Mr. Nail was married to the former Miss Georgia Weathers, and they were blessed with seven wonderful children; and Whereas, after his first wife's death, he married the former Miss Blanche Rogers, and two of their sons served in the armed forces during World War II; and Whereas, Mr. Nail built a dam across the Ohoopee River that was used for many years to operate a grist mill and to furnish electricity to the people of the area; and Whereas, Mr. Nail gave the land on both sides of the river for the rights-of-way to the bridge; and Whereas, Mr. Nail will always be remembered for his charitable deeds to his fellowmen who were less fortunate than he. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to designate the newly constructed bridge, located on Highway 56 between Reidsville and Johnson's Corner in Tattnall County, Georgia, as the W. A. (At) Nail Bridge and inscribe an appropriate plaque on said bridge for said purpose. Be it further resolved that the plaque for the bridge shall be paid for by friends of Mr. W. A. Nail. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable Bert Lance, Director, State Department of Transportation. Approved April 19, 1973.
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MILLER COUNTYSHERIFF'S DEPUTIESPROVISIONS CHANGED, ETC. No. 733 (House Bill No. 1147). An Act to amend an Act providing for the compensation of the sheriff of Miller County, approved March 7, 1966 (Ga. L. 1966, p. 3329) so as to change the provisions relative to the sheriff's deputies, feeding prisoners and operating expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the sheriff of Miller County, approved March 7, 1966 (Ga. L. 1966, p. 3329) 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 sheriff shall have the authority to appoint such deputies, clerks and assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The compensation of such personnel may be paid in equal monthly installments, or in such other manner as the governing authority shall determine, from the funds of Miller County, but it shall be within the sole discretion of the governing authority of said county to determine the amount of county funds that may be used for the purpose of compensating the personnel employed by the sheriff. (b) It shall be within the sole authority of the sheriff to designate and name the person or persons who shall be employed as such deputies, assistants or other employees and to prescribe their duties and assignments and to remove or replace any such employee at will and within his sole discretion. 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:
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Section 11. The governing authority of Miller County is hereby authorized and directed to provide for the feeding of prisoners confined under the jurisdiction of the sheriff in such manner as the governing authority shall determine. Feeding prisoners. 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 1973 Session of General Assembly of Georgia, a bill to amend an Act fixing, allowing and providing for the compensation of the Sheriff of Miller County, approved March 7, 1966 (Ga. L. 1966, p. 3329) so as to change the provisions relative to the Sheriff's Deputy's, feeding prisoners and operating expenses; and for other purposes. This 12th day of February, 1973. Henry Worsley, Chairman, Board of Co. Commissioners Miller County, Georgia 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 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal which is the official organ of Miller County, on the following dates: February 15, 22, and March 1, 1973. /s/ Mobley Howell Representative, 118th District
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Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Yvonne Redding Notary Public, Georgia State at Large. My Commission expires Nov. 1, 1975. (Seal). Approved April 19, 1973. MARKER ON RICHARD B. RUSSELL SCENIC HIGHWAY IN MEMORY OF JAMES P. DAVIDSON AUTHORIZED. No. 40 (House Resolution No. 104-376) A Resolution. Authorizing and directing the State Department of Transportation to erect an appropriate marker along the Richard B. Russell Scenic Highway near Hog Pen Gap in memory of the late James P. Davidson; and for other purposes. Whereas, James P. Davidson, known as Mr. Jim to his innumerable friends, was one of White County's most beloved, distinguished, respected and dedicated sons; and Whereas, from 1917 until 1972 he owned, operated and edited The Cleveland Courier, one of the last hand-set newspapers in the country; and Whereas, through his career as a journalist he made many friends throughout the State of Georgia and brought much favorable publicity of Cleveland, Georgia, and White County; and Whereas, he helped Cleveland, Georgia, and White County secure a great number of projects, including:
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Truett-McConnell College; U. S. Highway 129; and water and sewage facilities for Cleveland; and Whereas, he diligently worked with his close friend, the late Senator Richard B. Russell, for the construction of the beautiful Richard B. Russell Scenic Highway and it is only appropriate that a marker be placed along this highway to preserve his memory. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to erect an appropriate marker in the honor of James P. Davidson at a location along the Richard B. Russell Scenic Highway, approximately one-half mile south of Hog Pen Gap at the paved look-out. Be it further resolved that the Clerk of the House of Representatives is hereby directed to transmit a copy of this Resolution to the Director of the State Department of Transportation, and to Mr. Richard Davidson. Approved April 19, 1973. CITY OF TWIN LAKESNEW CHARTERREFERENDUM. No. 734 (House Bill No. 1150). An Act to amend, consolidate, create, revise, and supersede the several Acts incorporating the City of Twin Lakes in the County of Lowndes, and the State of Georgia; to create a new Charter; to incorporate said City; to provide corporate boundaries; to provide the corporate powers of the government of said City; to provide for the exercise of such powers by the governing authority of said City; to provide general powers; to provide the powers of said City shall be construed liberally; to provide for the exercise of the powers, functions, rights, privileges and immunities
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of said City; to provide for the creation of a city council to be composed of a mayor and four councilmen; to provide for terms and qualifications of office; to provide for vacancies and forfeiture of office; to provide for compensation and expenses; to prohibit members of said council from holding other offices; to prohibit voting on matters of personal interest; to provide for inquiries and investigations; to provide the general powers and authority of the council; to limit terms of services; to provide for a mayor pro tem; to provide for an organizational meeting of said council; to provide for regular and special meetings of said council; to provide for adoption of rules of procedure; to provide for a quorum and voting of such council; to provide every official action of the council which is to become law shall be by ordinance; to provide for signing, authenticating, recording, codifying and printing ordinances; to provide for the appointment of a city attorney; to provide for appointment of a city clerk; to provide for the appointment of a tax collector; to provide for appointment of a city accountant; to provide enforcement of and punishment for violation of city ordinances; to provide for regular elections; to provide for qualifying of candidates for city council; to provide for nomination of candidates for city council; to provide for absentee ballots; to provide for the applicability of the Georgia Municipal Election Code; to provide election procedures; to provide for eligibility of voters; to provide for the levy of a property tax; to provide for matters relative to said property tax; to provide for revenue bonds; to provide a fiscal year; to provide for the preparation of budgets; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Incorporation. The City of Twin Lakes, Georgia, in the County of Lowndes, and the inhabitants thereof, shall be and it is hereby established as and shall be a body politic and corporate under the same name and style of the City of Twin Lakes, Georgia. Under that name, said City shall be vested with all rights of property which now belong to a municipal corporation; shall have perpetual
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succession; may sue and be sued; may contract and be contracted with, may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 2. Corporate Boundaries. (a) The boundaries of the City of Twin Lakes shall be those existing on the effective date of the adoption of this Charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the City of Twin Lakes, at all times, shall be shown on a map a written description or any combination thereof, to be retained permanently in the office of Twin Lakes and to be designated, as the case may be: Map (or description) of the Corporate Limits of the City of Twin Lakes, Georgia. Alterations in or additions to these boundaries shall be indicated by appropriate entries upon said map and shall be made by and under the direction of the mayor. Photographic, typed, or other copies of such map or description certified by the mayor shall be admitted in evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 3. Specific Powers. The corporate powers of the government of the City of Twin Lakes, to be exercised by the governing authority, may include, but not be limited to the following: (a) To levy and to provide for the assessment, valuation, reevaluation, and collection of taxes on all property subject to taxation; provided, however, said council shall have authority
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to levy no more than two mills for ad valorem taxes, and shall utilize the valuations placed on said property by the tax assessor's office for Lowndes County, Georgia; provided, further, the limitation as to the millage that may be levied by the City of Twin Lakes shall not be changed except by majority vote in a referendum held for such purpose by the voters of the City of Twin Lakes, Georgia; (b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions, and to license and regulate such privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes; (c) To make appropriations for the support of the government of the City, to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (d) To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this Charter or the laws of the State of Georgia; (e) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (f) To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia of 1933, or under other applicable laws as are or may be enacted;
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(g) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including, but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawals of service for refusal or failure to pay the same and the manner in which such remedies shall be enforced; (h) To grant franchises or make contracts for public utilities and public services, not to exceed periods of twenty-five (25) years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission; (i) To grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (j) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (k) To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee of sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges, and for enforcing payment of same; (l) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (m) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the City and the inhabitants thereof, and for preserving the health, peace, order and good government of the City;
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(n) To provide penalties for violations of any ordinances adopted pursuant to the authority of this Charter and the laws of the State of Georgia; (o) To exercise the power of arrest through duly appointed policemen; (p) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this Charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 4. General Powers. In addition to all other powers herein granted, the City shall be vested with any and all powers which municipal corporation is, or may hereafter be, authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the City was heretofore authorized to exercise upon the effective date of this Charter. Section 5. Construction. The powers of the City shall be construed liberally and in favor of the City. The specific mention or failure to mention particular powers in this Charter shall not be construed as limiting in any way the general power of the City as stated in this Charter. It is the intention hereof to grant the City full power and right to exercise all governmental authority necessary for the
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effective operation and conduct of the City and all of its affairs. Section 6. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees shall be carried into execution as provided by this Charter. If this Charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. Section 7. Creation. Composition; Number; Election. The legislative authority of the government of the City of Twin Lakes, except as otherwise specifically provided in this Charter, shall be vested in a city council to be composed of a mayor and four councilmen. The mayor and councilmen shall be elected in the manner provided in this Charter. Section 8. Terms and Qualifications of Office. The members of the council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the City for a period of one year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his period of service, and shall be registered and qualified to vote in municipal elections of the City of Twin Lakes, and unless he shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. Section 9. Vacancy; Forfeiture of Office. (a) VacanciesThe office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this Charter or the laws of the State of Georgia. (b) Forfeiture of OfficeThe mayor or any councilman shall forfeit his office if he:
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(1) lacks at any time during his term of office any qualifications of the office as prescribed by this Charter or the laws of the State of Georgia; (2) willfully and knowingly violates any express prohibition of this Charter; and (3) is convicted of a crime involving moral turpitude. In the event of vacancy, the remaining members of council may appoint a person meeting the qualifications hereinabove set forth, to fill the remainder of the unexpired term. Section 10. Compensation and Expenses. The mayor and councilmen shall receive no compensation for their services. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office, subject to prior authorization for such expense, except in time of actual emergency. Section 11. Prohibitions. (a) Holding other Office. Except as authorized by law, no member of the Council shall hold any other elective City office or City employment during the term for which he was elected. (b) Voting When Personally Interested. Neither the mayor nor any other member of the council shall vote upon any question in which he is personally interested. Section 12. Inquiries and Investigations. The council may make inquiries and investigations into the affairs of the City and the conduct of any department, office, or agency thereof. Section 13. General Power and Authority of the Council. (a) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this Charter, the Constitution, and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace
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good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Twin Lakes and may enforce such ordinance by imposing penalties for violation thereof. Section 14. Limitation on Terms of Service. No mayor elected and qualified for two terms shall be eligible for the succeeding term. Section 15. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem, or in his absence or disability for any reason, any one of the councilmen chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Section 16. Organization Meeting. The council shall meet for organization on the second Tuesday following election; and the meeting shall be called to order by the City clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilman as the case may be) of the City and that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 17. Regular and Special Meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the council may be held on call of the mayor or three members of the council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, or shall be left at their residence at least eight hours in advance of the meeting.
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(c) All meetings of the council shall be public. Attendance at any such meeting shall constitute waiver of notice of such meeting. Section 18. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this Charter, and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 19. Quorum; Voting. Three (3) councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances, shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but any member of the council shall have the right to request a roll call vote. The affirmative vote of two councilmen shall be required for the adoption of any ordinance, resolution, or motion, except as otherwise provided in this charter. The mayor shall vote only in the event of a tie vote of the council. Section 20. Action Requiring an Ordinance. (a) Except as herein provided, every official action of the council which is to become law, shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Twin Lakes hereby ordains.... Section 21. Signing, Authenticating, Recording, Codification, Printing. (a) The clerk shall authenticate by his signature and record in full a properly indexed book kept for the purpose of all ordinances adopted by council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council shall cause each ordinance and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by council.
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Section 22. City Attorney. The council shall appoint a city attorney, together with such assistant 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 shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed and 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 may be required of him by virtue of his position as City attorney. Section 23. City Clerk. Council may appoint a city clerk to keep a journal of the proceedings of the City council and to maintain in a safe place all records and documents pertaining to the affairs of the City, and to perform such other duties as may be required by law or as the council may direct. Section 24. Tax Collector. The Council may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the City, subject to the provisions of this Charter and the ordinances of the City, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or feroclosure of taxes of municipalities. Section 25. City Accountant. Council may appoint a City accountant to perform the duties of an account. Section 26. Violation of Ordinances. All violations of ordinances of the City of Twin Lakes, Georgia, shall be tried before the Superior Court of Lowndes County, Georgia, under the rules and regulations of said court, and the punishment for such violations shall not exceed 30 days in jail, or a fine of not more than $250.00, or both. Section 27. Regular Election. The elections for the mayor and members of council shall be held on the second Tuesday of May of each year that an election shall be necessary.
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Section 28. Qualifying; Nomination of Candidates; Absentee Ballots. The council may, by ordinance, prescribe rules and regulations governing, qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of election in the City of Twin Lakes. Section 29. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Twin Lakes as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, approved April 4, 1968 (Ga. L. 1968, p. 885), as amended. Section 30. Election Procedure. The election for the first mayor and members of council shall be held within 30 days after approval of this Charter at the referendum provided in Section 37 and said election shall be called and conducted by the Ordinary of Lowndes County under the provisions of the Georgia Municipal Election Code, approved April 4, 1968 (Ga. L. 1968, p. 885), as amended. The procedures and requirements for all subsequent elections of all elected officials shall be in conformity with the provisions of said law. The mayor and all councilmen shall be elected at large by post by majority vote of the votes cast for the post. The first election for mayor and council shall be for the term of two years and until their successors are elected and qualified and bi-annually thereafter. The terms of office of the mayor and members of council shall begin at the day and year of taking oath of office as provided in this Charter. The qualifying fee for mayor and councilmen for the first election under this Charter shall be $25.00 for each candidate and thereafter as shall be provided by ordinance. Section 31. Eligibility of Voters. Those persons eligible to vote in the referendum provided herein and in subsequent elections shall be those persons 18 years of age and older whose primary place of residence is within the incorporated area of Twin Lakes. The Board of Registrars of Lowndes County shall open the registration books for a period of 30 days immediately following the approval of this Act by
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the Governor, or after it otherwise becomes law, for registration by those eligible to vote. Those persons so registering shall constitute the electors eligible to vote in the referendum hereinafter provided for and in the election for the first mayor and councilmen provided for by this Charter. Section 32. Property Taxes. All property subject to taxation for State or County purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Twin Lakes. The council by ordinance shall elect to use the county assessment for the year in which the City taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 33. Tax Levy. 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 any other public purpose as determined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Twin Lakes is hereby exempted from the provisions of Georgia Code section 92-4101 through 92-4104 inclusive. Section 34. Revenue Bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 35. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution, agency and activity of the City government unless otherwise provided by State or Federal law. Section 36. Preparation of Budgets. The council shall provide by ordinance the procedures and requirements for
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the preparation and execution of an annual operating budget and a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs. Section 37. Contracting Procedures. All contracts shall be made or authorized by the council, and no contracts shall bind the City unless reduced to writing and approved by the council. Section 38. Referendum. Not less than five nor more than ten 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 Lowndes County to issue the call for an election for the purpose of submitting this Act to the voters of the area to be incorporated as the City of Twin Lakes for approval or rejection. The Ordinary shall set the date of such election for a day not less than thirty nor more than sixty days after the date of the issuance of the call. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Lowndes County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the reincorporation of the City of Twin Lakes and creating a new City Charter for the City of Twin Lakes 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 Lowndes 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 otherise provided herein. It shall be the duty of the Ordinary to canvass the returns and declare and certify the result of the election.
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It shall be his further duty to certify the result thereof to the Secretary of State. Section 39. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given of intent to introduce local legislation in the current session of the Georgia Legislature to incorporate as a municipality, the Town of Twin Lakes, Georgia, and other purposes. Jim T. Bennett Representative Georgia, Lowndes County. Before me, the undersigned Notary Public duly authorized by law to administer oaths and take acknowledgments, this day personally appeared Tenney S. Griffin, Publisher of the Valdosta Daily Times, who, after being by me first duly sworn, states on oath that the Notice of Intention to Apply for Local Legislation as hereinafter set forth appeared in said Valdosta Daily Times on the following dates: January 12, 1973; January 19, 1973; and January 27, 1973. /s/ Tenney S. Griffin Sworn to and subscribed before me this 28 day of Feb., 1973. /s/ Margaret Snow Notary Public, State of Georgia. My commission expires: March 9, 1975. (Seal). Approved April 19, 1973.
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COMPENSATION TO E. MITCHELL SMITH AUTHORIZED. No. 41 (House Resolution No. 105-376). A Resolution. Compensating Mr. E. Mitchell Smith; and for other purposes. Whereas, on March 15, 1972, Mr. E. Mitchell Smith was driving his 1968 Chevrolet north on Georgia Highway 77 approximately 5.4 miles north of the city limits of Lexington, Georgia; and Whereas, Mr. Smith pulled into the left hand lane to pass a 1972 International two-ton truck, belonging to the State Highway Department, now the Department of Transportation, and operated by one of its employees; and Whereas, said Highway Department vehicle pulled into the left hand lane to pass a Highway Department vehicle in front of his truck, striking Mr. Smith's vehicle in the left side and causing damage in the amount of $50.00; and Whereas, said accident occurred through no fault or negligence on the part of Mr. 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 State Department of Transportation is hereby authorized and directed to pay the sum of $50.00 to Mr. E. Mitchell 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 19, 1973.
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GREENE COUNTYBOARD OF EDUCATIONMEMBERSTERMS STAGGERED, ETC.REFERENDUM. No. 735 (House Bill No. 1151). An Act to stagger the terms of office of members of the Board of Education of Greene County; to provide for the practices and procedures in connection with the foregoing; to provide for initial and regular terms of office; to provide for the appointment of the County School Superintendent of Greene County; to provide for his qualifications, compensation and term of office; 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 Greene County, provided for in Article VIII, Section V, Paragraph I of the Constitution, as amended by an amendment proposed by a resolution (Ga. L. 1964, p. 969) and ratified on November 3, 1964, is hereby continued and the provisions of said amendment shall continue in full force and effect except as otherwise provided in this Act. At the election for members of the Board of Education of Greene County to be held in 1976, the members elected from Districts No. 2 and 4 shall take office on January 1, 1977, and shall serve for a term of office of two years and until their respective successors are duly elected and qualified. Following such initial term the members of the Board of Education elected from Districts No. 2 and 4 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 respective successors are duly elected and qualified. At said election in 1976, the members elected from Districts No. 1 and 3 and the member elected from the county at large and who is to serve as chairman of the Board of Education shall take office on January 1, 1977, and shall serve for a term of office of four years and until their respective successors are duly elected and qualified. Thereafter the term of office for members
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elected from Districts No. 1 and 3 and the member elected from the county at large shall be for a term of office of four years and until their respective successors are duly elected and qualified. Section 2. The County School Superintendent of Greene County holding office on the effective date of this Act shall continue to serve until the expiration of the term of office to which he was elected. Thereafter the Board of Education of Greene County shall appoint the County School Superintendent of Greene County, who shall serve at the pleasure of the Board. The Board shall fix the compensation of the Superintendent. Any person appointed to the office of County School Superintendent of Greene County shall possess the qualifications prescribed for county school superintendents by the laws of this State, and shall possess such other qualifications as may be prescribed by the Board of Education. Any other provision of this Section to the contrary notwithstanding, if a vacancy occurs in the office of County School Superintendent after the effective date of this Act but prior to the date on which the elected County School Superintendent's term of office would otherwise expire, the Board of Education of Greene County shall appoint a duly qualified person to serve as County School Superintendent of Greene County for the remainder of the unexpired term of office of the elected County School Superintendent. Section 3. 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 Greene County to issue the call for an election for the purpose of submitting this Act to the voters of the Greene County School District for approval or rejection. He shall set the date of such election for the date of the general primary election for the nomination of candidates for the General Assembly of Georgia to be held in 1974. The Ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately proceding the date thereof, in the official organ of Greene
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County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act staggering the terms of office of members of the Greene County Board of Education, providing for the practices and procedures in connection therewith, providing for initial and regular terms of office and providing for the appointment of the County School Superintendent of Greene County, his qualifications, compensation and term of office 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 Greene 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 there will be introduced at the regular 1973 session of the General Assembly of Georgia, a bill to provide for staggered terms of office for members of the Greene County Board of Education to provide for initial and regular terms of office; to provide for the appointment of the County School Superintendent of Greene County by the Greene County Board of Education to provide the the term of the Superintendent to provide for the compensation of the Superintendent; to provide for other matters
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relative to the foregoing, to repeal conflicting laws and for other purposes. This 6th day of February 1973. E. Roy Lambert Representative, 97th 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 97th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Journal which is the official organ of Greene County, on the following dates: February 15, 22, March 1, 1973. /s/ E. Roy Lambert Representative, 97th District Sworn to and subscribed before me this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. COMPENSATION TO EUGENE HESTER AUTHORIZED. No. 42 (House Resolution No. 106-376). A Resolution. Compensating Mr. Eugene Hester; and for other purposes. Whereas, on February 25, 1972, Mrs. Lizzie Jane Hester was driving a 1962 Chevrolet belonging to her
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husband, Mr. Eugene Hester, east on U. S. Highway 221 at its intersection with State Highway 29 in the City of Soperton, Georgia; and Whereas, while passing through said intersection, a truck belonging to the State Highway Department, now the State Department of Transportation, and operated by one of its employees, ran the red light at said intersection and struck the Hester vehicle, causing damage in the amount of $200.84; and Whereas, said accident occurred through no fault or negligence on the part of Mrs. Lizzie Jane Hester or Mr. Eugene Hester, so it is only fitting and proper that Mr. Hester be reimbursed for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to pay the sum of $200.84 to Mr. Eugene Hester 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 19, 1973. PULASKI COUNTYCOMPENSATION OF COMMISSIONER CHANGED. No. 736 (House Bill No. 1154). An Act to amend an Act creating the office of commissioner of Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended, particularly by an Act approved March 30, 1965 (Ga. L. 1965, p. 2940), so as to change the compensation of the commissioner; to provide
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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 Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended, particularly by an Act approved March 30, 1965 (Ga. L. 1965, p. 2940), is hereby amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5 which shall read as follows: Section 5. The commissioner shall be compensated by an annual salary of $12,000, plus five (5) percent thereof for each four-year term of office completed after January 1, 1973, not to exceed twenty (20) percent of the base salary provided for herein, all to be paid in equal monthly installments from the funds of Pulaski County. Said commissioner shall be required to give his undivided attention and his time to the duties of said office. Salary. Section 2. This Act shall become effective January 1, 1974. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1973 session of the General Assembly of Georgia a bill to change and equalize the compensation of the ordinary, county commissioner, clerk of superior court, sheriff and tax commissioner of Pulaski County, Georgia, and the secretarial help and deputies of the respective offices effective January 1, 1974 and for other purposes. This February 6th, 1973. Ben Jessup Representative 102nd District, Post 3
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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 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hawkinsville Dispatch and News which is the official organ of Pulaski County, on the following dates: February 7, 14, 21, 1973. /s/ Ben Jessup Representative, 102nd District Sworn to and subscribed before me this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 19, 1973. COMPENSATION TO THE SESSIONS COMPANY, INC., AUTHORIZED. No. 43 (House Resolution No. 108-387). A Resolution. Compensating the Sessions Company, Inc., Enterprise, Alabama; and for other purposes. Whereas, on January 4, 1970, a truck owned by the Sessions Company, Inc., and operated by an employee thereof was proceeding on Highway 280 about.2 mile east of Cordele, Georgia; and
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Whereas, a Georgia State Patrol car, without its blinking lights on, ran through a stop sign while pursuing another automobile; and Whereas, the said patrol car ran into the Sessions Company, Inc., truck causing damage in the amount of $8,251.87; and Whereas, said accident occurred through no fault or negligence on the part of the Sessions Company, Inc., or its employee, so it is only fitting and proper that said company be reimbursed for its loss. Now, therefore, be it resolved by the General Assembly of Georiga that the Department of Public Safety is hereby authorized and directed to pay to the Sessions Company, Inc., the sum of $8,251.87. The said sum shall be paid from funds appropriated to or available to the Department of Public Safety, and shall be in full and complete satisfaction of all claims arising out of said occurrence. Approved April 19, 1973. PULASKI COUNTYSUPERIOR COURT CLERKCOMPENSATION CHANGED, ETC. No. 737 (House Bill No. 1155). An Act to amend an Act placing the clerk of the Superior Court of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2523), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2175), so as to change the compensation of the clerk; to make provisions for the compensation of personnel within the clerk's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
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Section 1. An Act placing the clerk of the Superior Court of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2523), as amended, particularly by an Act approved February 28, 1966 (Ga. L. 1966, p. 2175), is hereby amended by striking in its entirety section 1 and substituting in lieu thereof the following: Section 1. Except as otherwise provided herein, after the effective date of this Act, the clerk of the Superior Court of Pulaski County shall be compensated by an annual salary in lieu of the fee system of compensation, or in lieu of the fee system of compensation supplemented by a salary which may be in effect for said officer. The clerk shall be compensated by an annual salary of $12,000.00 per annum, plus five percent (5%) thereof for each four-year term of office completed by said officer after January 1, 1973, not to exceed twenty percent (20%) of the base salary provided for herein, all to be paid in equal monthly installments from the funds of Pulaski County. Such compensation and allowance shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of whatever kind heretofore allowed as compensation to the clerk, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments, or perquisites were rendered. Nothing in this section shall be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during his tenure of office. Notwithstanding any other provision of this Act to the contrary, the employees of the clerk, his deputy and all other personnel within said office shall receive such compensation for their services as the clerk and commissioner of Pulaski County shall agree upon. Salary. Employees. Section 2. This Act shall become effective on January 1, 1974. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.
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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1973 session of the General Assembly of Georgia a bill to change to equalize the compensation of the ordinary, county commissioner, clerk of superior court, sheriff and tax commissioner of Pulaski County, Georgia, and the secretarial help and deputies of the respective offices effective January 1, 1974 and for other purposes. This February 6th, 1973. Ben Jessup Representative 102nd District, Post 3 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 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hawkinsville Dispatch and News which is the official organ of Pulaski County, on the following dates: February 7, 14, 21, 1973. /s/ Ben Jessup Representative, 102nd District Sworn to and subscribed before me this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973.
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THE SHERIFF'S BOYS' RANCH ROAD DESIGNATED. No. 44 (House Resolution No. 117-444). A Resolution. Designating a certain portion of Georgia Highway 122 as The Sheriffs' Boys' Ranch Road; and for other purposes. Whereas, the Georgia Sheriffs' Association operates the Georgia Sheriffs' Boys' Ranch, which is located off Georgia Highway 122 near Hahira, Georgia; and Whereas, the Boys' Ranch is noted throughout the State and nation for the many opportunities which it provides to Georgia boys; and Whereas, this very worthwhile project merits recognition by the State of Georgia; and Whereas, the outstanding manner in which this ranch is operated would be of great interest to many people traveling through the State of Georgia; and Whereas, it is highly desirable and appropriate that visitors to the State of Georgia be able to locate this important facility as easily as possible while traveling along Interstate 75. Now, therefore be it resolved by the General Assembly of Georgia that the portion of Georgia Highway 122 between Interstate 75 and Georgia Highway 125 is hereby designated as The Sheriff's Boys' Ranch Road. The State Department of Transportation is hereby authorized and directed to so designate such highway on its maps and other official documents and to obtain, furnish, erect and maintain markers on Interstate 75 and at such other locations along said highway as the State Department of Transportation shall determine. The costs of obtaining, furnishing, erecting and maintaining such markers shall
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be paid from funds appropriated to or otherwise available to the State Department of Transportation. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the State Department of Transportation. Approved April 19, 1973. BLECKLEY COUNTYTAX COMMISSIONERCOMPENSATION OF CLERK CHANGED. No. 738 (House Bill No. 1158). An Act to amend an Act creating the office of tax commissioner of Bleckley County, approved April 23, 1969 (Ga. L. 1969, p. 3304), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3572), so as to provide that the clerks of the tax commissioner may receive the same compensation; 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 Bleckley County, approved April 23, 1969 (Ga. L. 1969, p. 3304), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3572), is hereby amended by striking from the end of subsection (b) of section 3 the following: the chief clerk and $3,600 for the other. and substituting in lieu thereof the following: each clerk., so that when so amended, subsection (b) of section 3 shall read as follows:
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(b) The tax commissioner may employ two clerks who shall be paid from county funds. Such clerks' compensation shall be determined by the tax commissioner, but in no event shall such compensation exceed $4,800 per annum for each clerk. Clerks. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. This is to certify that I intend to introduce legislation this session to pay the second clerk in the Tax Commissioners office the same as the first clerk. Ben Jessup Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on oath, deposes and says he is Representative from the 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cochran Journal which is the official organ of Bleckley County, on the following dates: February 7, 14, 21, 1973. /s/ Ben Jesusp Representative, 102nd District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973.
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COMPENSATION TO SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, WAYNESBORO, GEORGIA, AUTHORIZED. No. 45 (House Resolution No. 129-480). A Resolution. Compensating Southern Bell Telephone and Telegraph Company, Waynesboro, Georgia; and for other purposes. Whereas, on July 29, 1969, a truck owned by the Georgia Forestry Commission and operated by an employee thereof, was transporting a lookout tower through the City of Warrenton in Warren County, Georgia; and Whereas, the lookout tower, while mounted on the truck exceeded 19[prime]7[Prime], an improper height for transporting such a tower through a city; and Whereas, said tower caused extensive damage to the Southern Bell Telephone and Telegraph Company equipment by snagging and breaking numerous wires and cables and required much work on the part of said company to restore telephone service to parts of the city; and Whereas, Southern Bell Telephone and Telegraph Company, Waynesboro, Georgia, was damaged in the amount of $612.00; and Whereas, said accident occurred through no fault or negligence on the part of said company and it is only fitting and proper that it be compensated for its loss. 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 $612.00 to Southern Bell Telephone and Telegraph Company, Waynesboro, Georgia, 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
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satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1973. CITY OF LOGANVILLECHARTER AMENDEDELECTION OF OFFICERS PROVIDED, ETC. No. 739 (House Bill No. 1160). An Act to amend an Act reincorporating the City of Loganville in the Counties of Walton and Gwinnett and creating a new charter for said City, approved April 7, 1972 (Ga. L. 1972, p. 4061), so as to provide for the election and terms of the Mayor and other officers of said City; 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 Loganville in the Counties of Walton and Gwinnett and creating a new charter for said City, approved April 7, 1972 (Ga. L. 1972, p. 4061), is hereby amended by striking section 2.03 in its entirety and substituting in lieu thereof a new section 2.03, to read as follows: 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 Thursday in December, 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 candidate for mayor who receives a majority of votes cast in said election and the three candidates for councilmen who received a majority of the votes cast for their respective positions shall be elected for terms of office of two years each and until their successors are duly elected and qualified.
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The three councilmen to be elected in December of odd number years shall serve for a period of two years or until their successors are duly elected and qualified as provided by law. In instances where no candidate for mayor or for any council seat receives a majority of votes cast for the position at the election held on the first Thursday in December a run-off election shall be held between the two candidates receiving the highest number of votes in such election. Said run-off election shall be held on the third Thursday in December. The candidate for mayor or for any council seat receiving a majority of the votes cast in such run-off election shall be declared the winner. 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 1973 session of the General Assembly of Georgia, a bill to amend the charter of the City of Loganville, Georgia, as relating to the election of mayor and councilmen, and for other purposes. This the 5th day of January, 1973. Bobby Carrell Representative District 71 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Carrell 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
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Walton Tribune which is the official organ of Walton County, on the following dates: January 10, 17, 24, 1973. /s/ Bobby Carrell Representative 71st District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. COMPENSATION TO G. FRANK AGERTON, JR. AUTHORIZED. No. 46 (House Resolution No. 134-503). A Resolution. Compensating Mr. G. Frank Agerton, Jr.; and for other purposes. Whereas, on November 11, 1971, the 1965 Ford truck owned by Mr. G. Frank Agerton, Jr., and being driven by Mr. Gene Honomichl, was traveling on Georgia Highway 24 in the town of Vidette, Burke County, Georgia; and Whereas, as Mr. Honomichl was attempting to make a left turn onto Georgia Highway 305, a motor vehicle owned by the Department of Transportation, and operated by one of its employees, attempted to pass Mr. Honomichl in a no passing zone and struck the left side of the truck operated by Mr. Honomichl; and
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Whereas, Mr. Agerton was required to expend $510.32 in order to repair the damage to his truck; and Whereas, the accident occurred through no fault or negligence of Mr. Agerton, 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 Department of Transportation is hereby authorized and directed to pay the sum of $510.32 to Mr. G. Frank Agerton, Jr. as compensation as provided above. Said sum shall be paid from funds appropriated in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1973. CITY OF PATTERSONCHARTER AMENDEDRECORDER'S COURT PROVIDED, ETC. No. 740 (House Bill No. 1161). An Act to amend an Act amending, consolidating and renewing the charter of the City of Patterson, approved February 25, 1949 (Ga. L. 1949, p. 1254), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 2411), so as to change the name of the mayor's court of said city; to provide for a recorder of said court; to provide for other 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 amending, consolidating and renewing the charter of the City of Patterson, approved February 25, 1949 (Ga. L. 1949, p. 1254), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 2411), is hereby amended by striking therefrom, wherever the same shall appear, the words: mayor's court, and substituting in lieu thereof the words: recorder's court.
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Section 2. Said Act is further amended by striking section 51 in its entirety, and inserting in lieu thereof a new section 51, to read as follows: Section 51. (a) There is hereby created the recorder's court of the City of Patterson. The recorder of said city shall have the power and authority to hold the recorder's court at such time and place in said city as he may designate for the hearing and trial of offenses committed against or for the violation of the bylaws, rules, regulations, ordinances or laws of said city. Recorder's court. (b) The recorder is authorized and empowered to hear and try those charged with the violation of, or offense against, the bylaws, rules, regulations, ordinances or laws of said city, and should the defendant be found or adjudged guilty of any such violation he may be punished by a fine not to exceed $200.00, or by confinement in the city jail or stockade or elsewhere in a place of confinement as may be designated by the recorder or city council, not to exceed sixty days, or by labor on the streets or public works of said city under the control, supervision and discretion of the proper officials not to exceed four months. The recorder may sentence the defendant to either one or more of said penalties, or any part thereof. All sentences may be in the alternative, and fines may be imposed with alternative of either, or both, of the other punishments in the event the fines are not paid. The recorder may also require that the costs of prosecution shall be paid by the defendant. (c) It shall be a sufficient description of the punishment to be imposed for the violation of any bylaw, rule, regulation, ordinance or law of said city for the city council thereof to say in such bylaw, rule, regulation, ordinance or law that the violation thereof shall be punished as provided in Section 51 of the Act, or the present or former rules, regulations, bylaws, ordinances or laws by reference to the city charter or any portion thereof, without setting it out in full or detail in the ordinance, bylaw, regulation, rule or law, if they so choose.
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(d) Upon the failure or refusal of any person to promptly pay any fine or costs imposed by said recorder's court, the same may be enforced and collected by an execution issued by the clerk of council as provided for herein for the collection of taxes, and levies, sales and defenses may be made in the same manner as executions issued for taxes. (e) The city council shall have the power and authority to provide by ordinance or otherwise for the charge and collection of all costs in the recorder's court such as are usually incident and lawfully chargeable in the class of cases tried in said court, the same to be added to, or included in, the amount of fine imposed. Unless changed by the city council, the charges for costs shall be the same as are now or as may be lawfully charged in superior courts of this State. (f) The recorder of said court shall be ex officio justice of the peace so far as to enable him to issue warrants for any offense, State or city, committed within the city limits of said city. Said warrants may be served by the marshal or police of said city or by any other arresting officer of this State, and acting under said warrants, the officers may arrest either within or without the limits of said city. Offenders so arrested may be carried before the recorder, and if there is probable cause to suspect that any of the penal laws of this State or any rule, regulation, bylaw, ordinance or law of said city has been violated, then the recorder may bind the offender over to the proper court, and to commit the accused to the jail or place of confinement to answer the charge against him, provided, that the recorder may, if such offense is bailable, admit the accused to bail, the arresting officer may approve the bond. Should the accused be bound over to the State courts, then all papers should be delivered to the clerk of the court to which the accused was bound over. (g) The mayor of said city shall serve as the recorder of said court. In the event the mayor is absent, disqualified, unable to serve or shall decline to serve, the city council shall elect a recorder of said court, who shall serve at the pleasure of the city council and who shall receive such compensation as shall be fixed by the city council.
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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 1973 session of the General Assembly of Georgia, a bill to amend an Act amending, consolidating and renewing the charter of the City of Patterson, approved February 25, 1949 (Ga. L. 1949, p. 1254), as amended, so as to change the name of the mayor's court of said city; to provide for a recorder of said court; to repeal conflicting laws; and for other purposes. This 22nd day of January, 1973. L. Jack Strickland Representative, 116th District Personally appeared before me, Robert M. Williams, Jr. publisher of The Blackshear Times, who on oath says that the legal advertisement attached hereto was published in The Blackshear Times on January 25, February 1 and February 8, 1973. /s/ Robert M. Williams, Jr. Sworn to and subscribed before me, on February 28, 1973. /s/ Mary Lou Howard Notary Public. Approved April 19, 1973. COMPENSATION TO DOYAL H. LONG AUTHORIZED. No. 47 (House Resolution No. 137-504). A Resolution. Compensating Mr. Doyal H. Long; and for other purposes. Whereas, on March 29, 1972, the 1970 Toyota Corolla automobile owned by Mr. Doyal H. Long was parked in a student parking lot at Clayton Junior College; and
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Whereas, a large lawnmower belonging to Clayton Junior College and operated by one of its employees ran into Mr. Long's automobile causing damages thereto in the amount of $95.00; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Long, 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 the sum of $95.00 to Mr. Doyal H. Long 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 19, 1973. APPLING COUNTYSUPPLEMENTAL SALARY FOR ORDINARY PROVIDED. No. 741 (House Bill No. 1167). An Act to provide for a supplemental salary of the Ordinary of Appling 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. The Ordinary of Appling County shall receive a supplemental salary of $900.00 per annum, to be paid in equal monthly installments from the funds of Appling County. Said sum shall be in addition to all fees, costs and other compensation which the ordinary receives or is entitled to receive on the effective date of this Act. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved
Page 3875
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 1973 session of the General Assembly of Georgia, a bill to provide for a supplemental salary of the Ordinary of Appling County; to repeal conflicting laws; and for other purposes. This 7 day of February, 1973. L. Jack Strickland Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Strickland who, on oath, deposes and says that he is Representative from the 116th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner which is the official organ of Appling County, on the following dates: February 15, 22, March 1, 1973. /s/ Jack Strickland Representative, 116th District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973.
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COMPENSATION TO MRS. LUCILLE HALL CARTER AUTHORIZED. No. 48 (House Resolution No. 138-509). A Resolution. Compensating Mrs. Lucille Hall Carter; and for other purposes. Whereas, on May 19, 1971, Mrs. Lucille Hall Carter was walking along U. S. Highway 341 approximately one-tenth of a mile east of the limits of Graham, Georgia; and Whereas, a Ford tractor rotary mower, belonging to the State Department of Transportation, and operated by one of its employees, picked up a piece of wire and threw it, hitting Mrs. Carter on the hand; and Whereas, said injury fractured one of Mrs. Carter's fingers and resulted in lacerations to several other fingers; and Whereas, said accident resulted in Mrs. Carter being unable to work for a period of five weeks and further resulted in personal injury and pain and suffering, in the amount of $388.00; and Whereas, said accident occurred through no fault or negligence on the part of Mrs. Carter, 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 Department of Transportation is hereby authorized and directed to pay the sum of $88.00 to Mrs. Lucille Hall Carter 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 19, 1973.
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PULASKI COUNTYCOMPENSATION OF SHERIFF CHANGED, ETC. No. 742 (House Bill No. 1173). 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), as amended, particularly by an Act approved April 1, 1971 (Ga. L. 1971, p. 2903), so as to change the compensation of the sheriff and his deputy; to make provisions for the compensation of personnel within the sheriff's office; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2612), as amended, particularly by an Act approved April 1, 1971 (Ga. L. 1971, p. 2903), is hereby amended by striking in its entirety Section 1 and substituting in lieu thereof the following: Section 1. After the effective date of this Act, the sheriff of Pulaski County shall be compensated by an annual salary, in lieu of the fee system of compensation, or in lieu of the fee system of compensation supplemented by a salary which may be in effect for said officer. The sheriff of Pulaski County shall be compensated by an annual salary of $12,000.00, plus five (5) percent thereof for each fouryear term of office completed by said officer after January 1, 1973, not to exceed twenty (20) percent of the base salary provided for herein, all to be paid in equal monthly installments from the funds of Pulaski County. Such compensation shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments, and perquisites of whatever kind heretofore allowed as compensation to the sheriff, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered. Nothing in this Section shall be construed to prevent said officer from receiving any retirement in addition to any salary which such officer has been paid during
Page 3878
his tenure of office. Notwithstanding any other provision of this Act to the contrary, the employees of the sheriff, his deputy and all other personnel within said office shall receive such compensation for their services as the sheriff and commissioner of Pulaski County shall agree upon. Salary. Section 2. Said Act is further amended by striking in its entirety section 2 and substituting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff shall have the authority to appoint a deputy. Said deputy shall be compensated in the amount of $7,200.00 per annum, payable in equal monthly installments from the funds of Pulaski County. 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. Salary, deputy. Section 3. The provisions of section 2 of this Act shall become effective on July 1, 1973; the remaining provisions shall become effective on January 1, 1974. 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 in the regular 1973 session of the General Assembly of Georgia a bill to change and equalize the compensation of the ordinary, county commissioner, clerk of superior court, sheriff and tax commissioner of Pulaski County, Georgia, and the secretarial help and deputies of the respective offices effective January 1, 1974 and for other purposes. This February 6th, 1973. Ben Jessup Representative, 102nd District, Post 3
Page 3879
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 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hawkinsville Dispatch and News which is the official organ of Pulaski County, on the following dates: February 7, 14, 21, 1973. /s/ Ben Jessup Representative, 102nd District Sworn to and subscribed before me, this 5th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. COMPENSATION TO THE FEDERAL BUREAU OF INVESTIGATION AUTHORIZED. No. 49 (House Resolution No. 143-568). A Resolution. Compensating the Federal Bureau of Investigation; and for other purposes. Whereas, on September 25, 1970, an automobile belonging to the Federal Bureau of Investigation, and operated by an agent thereof, was traveling north on Georgia Highway 25 approximately four miles south of Augusta, Georgia; and
Page 3880
Whereas a truck belonging to the Department of Human Resources, and operated by an employee thereof, entered onto Highway 25 in front of the Federal Bureau of Investigation vehicle; and Whereas, the agent operating the Federal Bureau of Investigation vehicle steered to avoid the truck, but the two vehicles collided causing damages to the Federal Bureau of Investigation vehicle in the amount of $573.08; and Whereas, the accident occurred through no fault or negligence on the part of the Federal Bureau of Investigation and it is only fitting and proper that it be compensated for its loss. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Human Resources is hereby authorized and directed to pay the sum of $573.08 to the Federal Bureau of Investigation 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 19, 1973. TOWN OF BETWEENNEW CHARTER. No. 743 (House Bill No. 1185). An Act to amend, consolidate, create, revise and supersede the several Acts incorporating the Town of Between in the County of Walton, and State of Georgia, and all amendments in respect thereto; to create a new charter of said town; to provide a municipal government therefor; to define territorial limits of said town; to provide for a mayor and council and to define their powers and duties; to provide the punishment of violators of the ordinances,
Page 3881
rules and regulations of said town; to define the special powers and duties of the mayor; to provide for elections of mayor and council members, their qualifications, terms of office, and their meetings; to provide methods of appointing and electing officers and employees of said town and the method and manner of filling vacancies; to provide for election managers, their oaths and duties, their compensation; to provide for registration of voters and preparation of lists of voters; to define method of holding elections and for declaring the results thereof; to provide the selection of a mayor pro tem; to define his qualifications, duties and term of office; to provide for registrars; to define their duties, compensation and term of office; to provide for appeals from decisions of registrars, recorder's court, town Council, arbitrators and other appeals; to provide for the appointment or election of a clerk, marshal, chief of police, treasurer, health officer, town attorney, recorder, and other officers and employees; to define their duties and powers; to provide for salary and compensation of officers and employees of Between; to provide for the reading and consideration of orders, ordinances, rules and regulations; to provide how the same may be adopted, be approved, be vetoed, and how the same may become valid; to grant and provide for eminent domain and define how and when exercised; to provide for bonds of offenders; to provide for return of property for tax purposes; to establish values; to appoint appraisers; to define their duties and qualifications; to provide for arbitration of property values for tax purposes; to provide for raising revenue by taxes, licenses and otherwise; to provide for the collection of the same by execution and otherwise; to provide for street and lane paving; to assess costs thereof and the collection of the same; to provide for the issuance of bonds, revenue certificates and similar forms of indebtedness, their sale and lien; to provide for sewer and water connection and the installation of sanitary equipment and fixtures; to provide penalties for refusal or noncompliance; to provide for extension of water and sewer mains and system; to provide for dog tax and treatment, prescribing the penalties therein; to provide for general police protection and sanitary and health measures and requirements; to provide for a street tax;
Page 3882
to provide for zoning regulations and ordinances; to provide for a jail, guard house and other places of detention; to appoint a recorder and to define his duty and term of office; to provide for and define a recorder's court; to specify its jurisdiction and powers and appeal therefrom; to provide for fire zone and fire limits; to provide for subdivisions of land; to provide for assistance for arresting officers; to provide for building permits; to provide for traffic regulations including speed, parking and travel; to provide for franchises; to provide for sales by officers and passage of title and possession; to define and provide punishment for vagrance; to provide for a cemetery; to provide for abatement of nuisances, the use of firearms and fireworks; to provide fees and costs of officers and collection thereof; to provide for ownership, rental, use, distribution of public service and utilities; to provide when and how claims or demands are filed; to provide for supervision of Sabbath Day activities; to provide for supervision of sale, storage and dispensing of malt or alcoholic drinks or beverages; to provide for punishment for violation of any orders, ordinances, rules, regulations of Between; to provide for severance of enactment of charter, to define, prescribe, and enumerate the rights, powers, authority and governmental jurisdiction of the Town of Between, its mayor, council and other officers and employees as well as to provide powers, rights and authority to enforce and carry out the rights and privileges granted; to repeal conflicting laws and ordinances; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the Town of Between, Walton County, Georgia, hereinafter described, be, and they are hereby continued incorporated under the name and style of the Town of Between and by that name shall be and are hereby invested with all the rights, powers, and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in any way appertaining to the said Town of
Page 3883
Between as heretofore incorporated, with power to govern themselves by such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said town as may be promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States. That said Town of Between as a municipality, shall have perpetual succession and is vested with the rights to contract, and be contracted with, to plead and be impleaded, to buy, own, enjoy and sell property of all kinds, to have and use a common seal and do all other things and acts as may be necessary or needful to promote the municipal corporate purposes of said town, and to exercise such rights, powers, functions, privileges and immunities as ordinarily belonging to municipal corporations generally under the law as well as those hereinafter enumerated. Created. (a) Said Town of Between as created by this Act is hereby made responsible as a corporate body for all the legal debts, liability and undertakings, and shall succeed to all the rights of said Town of Between as heretofore incorporated, and all existing valid ordinances, rules, bylaws, resolutions, rules and regulations of the city as hereinbefore incorporated which are not inconsistent with or repugnant to this Act remain unaffected hereby and are hereby continued and confirmed, however, the town council may repeal, alter or amend any of such ordinances, rules, resolutions or regulations as provided for herein. (b) Said corporate body under the name and style of the Town of Between shall have all the rights, powers and privileges to purchase, acquire by gift, lease or otherwise, to receive, hold, possess, enjoy and retain in perpetuity or for any term of years or dispose of in any manner known by law, any interest in any real or personal property of whatsoever kind or nature or description within or without the limits of the Town of Between for corporate purposes. The said town, through its mayor and council as hereinafter provided for, shall have special power to make and enter into contracts and agreements, as it may deem necessary for the welfare of the town or its citizens and specially to make contracts with public or private electric
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light or power plants, water works plants or gas plants or any other public convenience or necessary company for their products, service and convenience; to assess values of property, to levy and collect taxes, licenses, or other assessments thereon, and to remove nuisances and to have full power, control and supervision over all the streets, lanes, highways, sidewalks and alleys of said town. Section 2. The corporate limits of the Town of Between shall include the following: All that territory and the inhabitants thereof within the limits of half a mile in every direction from a point which was in 1908 in the center of Monroe and Loganville road directly in front of the storehouse of B. P. Briscoe, in the County of Walton. Corporate limits. Section 3. There is hereby established in said municipality a recorder's court, having jurisdiction to try offenses punishable by ordinances of the mayor and council. In addition said court shall sit as a committing court, having such power and authority with respect to crimes punishable under statutes of this State as are now vested in justices of peace. The mayor and council shall select the first incumbent who shall serve until his successor be elected by the people, as hereinafter provided, or until his successor is elected and qualified. A successor to said incumbent shall be elected by the people, in the manner and at the same time herein provided for the mayor, on the first Saturday in December, 1974, and his term of office is fixed at two years. He shall take office along with the mayor, and at the same time. Recorder's court. Section 4. (a) The government, supervision, powers, and control of said Town of Between shall be vested in a mayor and four council members to be known as Town Council. That the mayor and council members shall be elected from the town at large in the manner hereinafter provided. The term of the mayor shall be for two years and the term of each council member shall be as follows: Government. At the first election after the granting of this charter two council members shall be elected for a term of one year
Page 3885
and two council members for a term of two years; thereafter the term of each council member shall be for a term of two years. (b) The mayor and council members shall constitute the town council of said town and as such shall have full power and authority from time to time to make laws, rules, bylaws, ordinances, regulations and orders as to them may seem right and proper relating to drainage, ditches, bridges, streets, street railways, automobiles, bicycles, trucks, delivery wagons, sales stables, warehouses, storehouses, markets, slaughter houses, sleeping apartments, restaurants, cafes, opera houses, picture shows, and all other kinds of shows and circuses, dance halls, skating rinks, bowling alleys, billiard rooms and all other places of amusement, garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, telegraph and telephone companies, gas companies, water and light and electrical companies, booths, stands, tents, stores, business houses, filling stations, common carriers, all sales and displays in said town, for the preserving of the peace, good order and dignity of said government. The enumeration of powers shall not be considered restricted to said powers alone, but shall include all and every other thing incident to municipal government by this Act or Acts heretofore passed, but shall be construed an addition to and in aid of such other powers that are not referred to in this Act. (c) Said town council shall have the authority and power to negotiate for loans, to borrow money on behalf of the Town of Between, to pledge the property and assets of said town as security, and to execute such and all instruments they deem necessary for any loan made to said town. (d) The mayor and two council members shall constitute a quorum for the transaction of any business before the town council at its regular meeting, and the mayor and two council members shall constitute a quorum for the transaction of any business at a called meeting, and a majority of the votes of those present shall determine all questions coming before council.
Page 3886
(e) Said council shall hold regular meetings at least once a month at stated times and places in said town. (f) Said town council may hold such special meetings to be called by the mayor, or in his absence by the mayor pro tem, or if two or more council members request the mayor in writing that such a special meeting be called, it shall be mandatory upon the mayor, or mayor pro tem in the absence of the mayor, to comply with such request. Notice of all special meetings of town council shall be given each council member when said officer is in said town and can be located. (g) At any meeting any council member shall have the right to call for an aye and nay vote upon any question requiring action by council and such aye and nay vote will be taken if two council members vote for same and the vote will be shown on the minutes of town council. (h) All meetings of town council shall be public and the public shall be allowed at all times to witness and hear the deliberations of town council, except when town council resolves itself by a majority vote into executive session then the public shall be excluded. Section 5. General elections of said town shall be held biannually on the first Saturday in December, the next general election shall be held in 1974, and at such general election town officials as are elected by the voters of said town at such elections will be elected to fill the vacancies in terms of office which expire on January 1 biannually of the year following the general election. General elections. Section 6. The town council shall have the power and authority to call a special election for the purpose of filling any vacancy caused for any reason in any office for which the holder thereof is elected by the voters of said town. Said special election should be held as soon as practicable, and not less than thirty days from the date of the vacancy, notice of the time of the special election shall be published once in a local newspaper, and said special election to be held under the same rules and regulations as general elections. Special elections.
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Section 7. All elections general and special or upon any question to be submitted to the voters of said town shall be held by at least three persons, citizens and electors of the Town of Between, who are qualified to hold and superintend town elections, the said election shall be held at the town hall and at such other polling places as may be designated by town council, the polls shall open at seven o'clock a.m. and close at seven o'clock p.m. Eastern Standard Time, and no count of votes shall begin until after the polls are closed. The election holders or managers shall be appointed by town council and shall take the following oath: Election holders. We and each of us do solemnly swear that we will faithfully and impartially conduct this election, prevent all illegal voting, tally and declare the results of said election to the best of our skill, power and ability, so help us God. (b) The election holders or managers shall elect one of their number as chairman, and upon all questions coming before them a majority vote will determine the issue. (c) The said election managers shall determine who are voters from the voters' list prepared by the registrars of the Town of Between and shall keep an accurate record and tally of all votes cast in any election. After all votes are counted the election managers shall declare and publish the number of votes received by each person at said election and declare the results of said election. Appeal may be made from any official act of said election managers or to any election contest to town council and if appellant is dissatisfied with the decision of town council, he shall have the right to certiorari to the Walton Superior Court. (d) All tally sheets, the voters' lists and other records together with the ballots shall be given the clerk of said town for council to dispose of as town council deem proper. (e) All ballots shall be printed or written, and all protection to be afforded the elector so that he may cast a secret ballot.
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(f) The candidate who receives the greatest number of votes shall be declared elected and it shall be the duty of said election managers to deliver a certificate of election to each candidate so elected. (g) The town council shall have the power and authority to adopt and pass any rules and regulations for the holding of town elections not inconsistent with this charter, the laws of Georgia or of the United States. The details may be delegated to the election managers. Section 8. The power and authority to supervise, regulate, control, conduct and generally to oversee all elections are hereby granted the town council. They may, by ordinance or otherwise regulate and provide means and methods for said elections to be held. They may designate when, how, and under what conditions candidates for any town office may qualify, when the qualification will open and close and the fee connected therewith. Any person dissatisfied with the final decision of town council with reference to any election may certiorari to Walton Superior Court. Section 9. The Town of Between shall provide and keep a book to be called the permanent registration book upon which all persons desiring to qualify as electors in and for said Town of Between shall be required to qualify by registering therein, providing however, that should the said town now have such a book, that the same shall continue in force, and in the event a citizen has registered, it will not be necessary for the citizen to register again in order to become an elector and participate in the elections of the Town of Between unless such elector has been removed from the voters' list. It shall not be required of any citizen to register but once in said registration book except as provided above, and the list of voters for all elections shall be prepared from said permanent registration book which list shall have thereon all the eligible electors for the Town of Between. Registration. (a) The town council shall appoint three citizens of Between as registrars whose term of office shall end December 31 of each year and until their successors are appointed
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and qualified. Their duties shall be to prepare a list of all citizens who are eligible to vote in any election held by said town. The registrars shall elect a chairman from the board of registrars and shall revise and prepare a list of qualified voters before any election held in said town. (b) The registration of citizens as herein provided shall be made at least ten days before any election and to be eligible to be an elector, the citizen must be registered in the registration book as provided for herein at least ten days prior to any election to be held by said town. (c) The registrars shall upon the close of registration as stated above immediately begin upon their duties and prepare said voters' list or list of qualified electors. They shall remove from said list the names of any person or persons who: 1. Have died. 2. Have moved without the town limits. 3. Are otherwise disqualified to vote. (d) When a name is removed from the list of voters or electors, and the person shall be in life, notice should be given to the person whose name was removed stating the reason therefor, and giving the time and place where said registrars will hear any objections of such removals of names. Said hearing to be held not less than three days from date of service of notice and service may be made by personal service if the person lives within the limits of Between, and by mail of the person resides without the town limits or cannot be found if living within said limits. If any person is dissatisfied with the decision of said registrars at said hearing, he may appeal to town council, then if he is dissatisfied with the decision of town council he may certiorari to the Superior Court of Walton County, Georgia. (e) The said registrars shall file the completed list of voters or electors in duplicate with the clerk of said town
Page 3890
at least four days before any election and the said clerk shall deliver the original of said list to the election manager before or the day of election. (f) That said registrars shall take the general oath required of the mayor before performing any of their duties. (g) That town council shall have authority and power to make all necessary ordinances, rules and regulations regarding registration of voters, preparing voters' lists, holding elections, publishing returns, issuing certificates of election and all other matters pertaining to the same. Section 10. The mayor of said town shall be the chief executive officer of the Town of Between. He shall see that all laws, ordinances, resolutions and rules of said town are faithfully and fully executed and enforced, and that all officers of said town faithfully discharge the duties required of them. He shall have general supervision and jurisdiction of the affairs of said town. He shall preside, if present, at all meetings of the town council, and shall vote only in case of a tie vote of council, and as specified hereinafter. He shall have the right to veto any ordinance, resolution, rule or regulation passed or adopted by council, if in his judgment such ordinance, rule, resolution, or regulation is not to the best interest of said town. In the event of a veto, then such ordinance, resolution, or regulation shall not be valid unless passed at a subsequent meeting of town council by the affirmative concurring vote of two-thirds of the council members present. The ayes and nays to be taken. In the event the mayor does not approve or veto any ordinance, resolution, rule or regulation within five days after its passage and adoption by town council then the ordinance, resolution, rule or regulation becomes in full force and effect in the same manner as if the same was approved by the mayor. Mayor. (b) The mayor and each member of council before entering upon the duties of his office shall take and subscribe to the following general oath: I do solemnly swear (or affirm) that I will well and truly perform the duties of mayor or council member of the Town
Page 3891
of Between to the best of my skill and ability and as to me shall be to the best interest and welfare of said town, without fear, favor, or affection, so help me God. The foregoing oath shall be deemed sufficient and adequate for any town official. (c) That the mayor of said town shall preside over all meetings of town council, and he shall have authority to convene the council in extra or special session whenever he deems it proper to do so. The mayor shall not have the right to vote upon any question before said town council, except in the election of officers and employees of the town or in cases of a tie vote of council. Section 11. The town council at their first regular meeting in each calendar year, or as soon as convenient thereafter, shall elect a council member as mayor pro tem, whose duties shall be to perform all the duties of mayor in case of death, absence, resignation, disqualification or disability of the regularly elected and qualified mayor as provided for herein. In case of vacancy in the office of the mayor, the mayor pro tem shall perform all the duties pertaining to the office of mayor until the next regular election, at which time a mayor shall be elected for the unexpired term, if any. The mayor pro tem when acting shall be known as Acting Mayor. Council. Section 12. Any citizen of Between shall be eligible for the office of mayor, or council member who has resided in said State for one year and in said town six months immediately preceding the election. He or she must be over twenty-one years of age and must reside within the corporate limits of said town when he becomes a candidate for office, and remain a citizen during his term of office. Qualifications of officers. Section 13. (a) All ordinances, orders and resolutions shall be read aloud at the sessions of town council and after a vote on said ordinance, order, or resolution and if passed, the same shall become effective as soon as approved by the mayor or should the mayor veto the ordinance, order or resolution, then the same will have to be further considered
Page 3892
as provided for herein. Should the mayor allow more than five days to lapse after the passage of an ordinance, order or resolution without taking any action thereon then the same becomes operative as if approved by the mayor. Ordinances. (b) All ordinances, orders, resolutions and regulations when the same shall have become effective shall be kept in appropriate books and records by the clerk of said town open for reasonable inspection during office hours. (c) The town council shall have the authority to have prepared and published in a book form or pamphlet form a code of laws, bylaws, ordinances, rules and regulations of said town to be known as Code of the Town of Between, the same to become effective and of force as soon as adopted and approved the same as provided for ordinances herein, which code may be amended and revised from time to time by the town council the same as ordinances and any section or part thereof under a certificate of the clerk of said town verifying the same to be the Code of the Town of Between, or any section or part thereof shall be admitted to record in any court of this State. Section 14. (a) The Town of Between is hereby granted the power and privilege of eminent domain, and the town council is authorized and empowered to condemn lands within or without its corporate limits for any municipal uses or purposes which includes the erection of public buildings for said town, for public parks, play grounds, water supply, sewers, forms for handling and disposing of sewerage or garbage, or trash, and for any other public purposes and improvements. Eminent domain. (b) 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. (c) The town council shall have the power and authority to widen, extend, improve or straighten any street, alley, lane or square in said town and to open, lay out, and establish any new street, alley, lane, walk or square, any building
Page 3893
or bridge, of whatsoever nature. The power and authority of eminent domain is granted to said town for these purposes and should eminent domain be exercised by the laws of Georgia in force at the time eminent domain is exercised by the town shall govern the procedure. Section 15. (a) There shall be a clerk of council, elected by the town council, to keep accurate minutes of each meeting, to record in the minutes all acts and doings of council, except when they may be in executive session, to keep and record all ordinances, laws and resolutions passed or enacted by the town council in appropriate books. He or she shall be ex officio clerk of the recorder's court of said town and keep records of said court. He shall issue all license, permits and receipts in the name of said town, to collect therefor and account for all funds so collected. He or she shall issue summons and writs when directed by the mayor, any council member, town marshal, town police or town attorney, and to perform such other duties as he may be directed to do by the mayor or town council whether by rule, resolution or otherwise. Clerk. (b) There shall be a treasurer for the Town of Between, the clerk of council may also be treasurer, whose duty it shall be to receive and safely keep all moneys belonging to said town. He or she shall keep accurate records of all his official transactions, and keep separate accounts of all moneys received from taxes and licenses levied for specific purposes. He or she shall pay out money only when he or she is officially requested so to do. Said treasurer shall be and is hereby made tax receiver and tax collector for said Town of Between and he shall perform all the duties of tax receiver and collector, including the issuance of tax fi. fas. and executions. He shall make general and specific reports when called upon by the town council and his books shall be kept open for reasonable inspection during office hours. (c) There shall be a town marshal for the Town of Between, elected by the town council, and he shall make levies for taxes and other executions issued by said town, he may serve warrants, processes, and other writs, make arrests, advertise sales, make sales, impound stock, execute deeds,
Page 3894
bills of sale and other instruments, he shall have charge of the prisoners whether confined in jail or sentenced or assigned to the public works gang and in fact perform all and every duty of this office and any other office or duty imposed upon him by town council. (d) The town council is further authorized and empowered to elect a chief of police, policemen, health officer, building inspector, chief of fire department, town physician, town attorney, town engineer, water works superintendent, cemetery keeper, and such other officers and employees as said town council may deem necessary from the Town of Between. (e) The town council may create or abolish, at their discretion, such offices as they may deem necessary and elect officers to fill them, and may prescribe the duties and pay of such officers under such regulations as they may ordain, and such offices may be abolished or the office be removed therefrom whenever the town council may deem such to the best interest of the town. Each person elected or appointed by the town council takes and accepts the appointment and employment subject to being removed and dismissed at any time by the mayor or town council. Appeal may be made to the town council if the person so dismissed or removed desires, and in the event his appeal is sustained by an affirmative vote of four members of council, he will be restored to his former office or employment without loss of salary; but should his appeal receive less than four affirmative votes of the council, then his salary will cease effective at the time of his removal or dismissal by the mayor or council and he has no further recourse from the appeal except by certiorari to the Superior Court in and for Walton County, Georgia. (f) The town council is authorized and empowered to fix and determine the compensation and salary to be received by each employee, either elective or appointive, of said Town of Between, including the mayor and council members. They may determine how, and when this compensation and salary is to be paid and in such amounts as they deem proper. The salary and compensation shall be
Page 3895
fixed and determined at the first regular meeting of council of each calendar year, or as soon thereafter as convenient, and when once fixed and determined, the same amount will be paid under the same terms until changed by the town council. (g) That any official of the Town of Between may be indicted and punished for gross neglect of his official duty. He shall also be removed from office by the town council for gross neglect of official duty, and shall have the right to certiorari to Walton Superior Court if dissatisfied with the decision of town council. (h) That the town council may audit or have an audit made of all or any part of the town records and books at such times as they deem necessary. They can adopt the auditor's report and findings as they see fit. Section 16. (a) The town council is hereby granted power and authority to authorize any arresting officer of said town to take and accept bond for the appearance at police court of any person arrested, giving receipt for any cash received as bond. That should a cash bond be posted no further security may be required, but if any other kind of bond is given, except a cash bond, then a citizen of the Town of Between owning property of a new unincumbered value in excess of the homestead exemption and double the amount of the bond will be required as security on said bond. The arresting officer will pass upon the security. Bonds. (b) In the event the principal appears in recorder's court at the time specified in said bond, the cash will be returned to him if a cash bond was given, and if a security bond was given, the surety or person acting as security will be relieved of further liability. (c) Should the principal fail to appear and a cash bond was given, then the cash bond may be forfeited by the presiding officer and the funds will be placed in the general funds for use by the town. Should a bond with some person as security be given, and the principal fail to appear, then the presiding officer may issue a rule nisi issue returnable
Page 3896
to the next regular term of recorder's court against the principal and his surety, which shall be served by the town marshal or any policeman upon the principal and surety if either can be found at least five days before the returnable terms. Service may be personal or by leaving a copy thereof at the residence of defendant or surety. If at such return term of recorder's court no sufficient cause is shown to the contrary judgment shall be rendered by the presiding officer against such principal and surety or such of them which have been served. Execution or fi. fa. may issue to enforce the collection of the said judgment and when collected the funds are to be placed in the general funds of said town for its use. (d) Should the principal, who is the defendant, fail to appear at the recorder's court as specified in said bond, the presiding officer of such court may issue a warrant for the arrest of said defendant. The warrant may be served by an arresting officer of this State and the defendant may be arrested at any place within the State of Georgia, detained and returned to the Town of Between for trial. Section 17. The town council is authorized and empowered to prescribe by ordinance or otherwise when and how property shall be returned for taxes, the forms to be used, the information to be given, and such other requisites they deem necessary. The town council or the town tax assessors are authorized and granted the power to make returns for any person, firm or corporation failing to make a tax return and town council may prescribe a penalty for the failure of not making a tax return not to exceed an amount equal to the amount of taxes to be paid by the person, firm or corporation failing to make such return. Taxes. Section 18. The town council is granted the power and authority to prescribe by ordinance or otherwise and levy a license fee or tax on each person, firm or corporation carrying on a business or profession within the corporate limits of the Town of Between, and to require each itinerate or irregular, or occasional dealer, merchant, trader, salesman, collector, or otherwise doing or carrying on a business of any nature within the corporate limits of the Town of
Page 3897
Between to make application for a license or permit and to pay a tax or license fee to the Town of Between. The town council is granted the power and authority to assess such tax or license fees as referred to in this Section, also to collect such tax or license fee, and to prescribe penalties for the violation of any ordinance, governing or regulating the same. Nothing in this Section regarding the payment of a license fee or tax shall apply to that person, firm or corporation which may be exempt from the payment of the same by the laws of this State or the United States, but town council is granted the power and authority to require such person, firm or corporation which may be exempt from license fee or tax to apply for and receive a permit to carry on their business or profession within the corporate limits of the Town of Between. License tax, etc. Section 19. The said town council shall have the right and power to raise necessary revenue to properly carry on the government of the said town, to build and repair sewers, water lines, procure water supplies, to make, open, grade, pave, repair and keep in order the lanes, streets, sidewalks, bridges and drains of said town, to light the same, to properly police the same, to pay salaries, costs and expenses of town officers and employees, to establish and maintain a fire department, to erect and maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payment of debts of the town, for educational purposes, for cemetery purposes, for the care of the poor and sick, for establishing and maintaining necessary parks, play grounds, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment, and for such other purposes as authorized by this charter that will tend in the discretion of town council to add to the comfort, safety convenience, benefit, health, advantage of said town and the citizens thereof, and for the improvement of said town as may in their best judgment be necessary and for other purposes, in order to properly carry on the town government as herein indicated and not specifically forbidden by law, to levy and collect a street tax or capitation tax on all inhabitants, male or female, of said town, as council
Page 3898
may determine, subject under the law to pay such tax. Also to tax not exceeding three ($3.00) dollars on each one hundred ($100.00) dollars worth of property within the corporate limits of said town; also to impose and collect such tax or license fee as the town council may deem necessary and proper upon all trades, business callings, professions, sales, labor and pursuits, except such as are exempt from municipal tax or license under the laws of this State or the United States, and may enforce the payment of the same by license or direct tax in such manner and by such methods as town council may deem to the best interest to said town; but all taxation on property shall be uniform on the same class of subjects and ad valorem on all subjects to be fixed in said town. Revenue. Section 20. Every person, firm, or corporation owning property, real or personal, or otherwise, subject to taxation by the Town of Between, shall make a return of such property for taxation to the clerk of said town, he being the clerk of council, or before the first day of April of each year. In the event such return is not made on or before April of each year, then the tax assessors or town council shall make the return, and penalties as may be provided for by the town council shall be added to and considered as a portion of the taxes on the property so returned. Tax return. Section 21. The mayor and council members of said Town of Between shall have authority and power to provide by ordinance or otherwise when tax returns shall be made, to provide means and methods as well as forms for the returning of property for taxation, and to provide penalties for failure to make returns as required. The town council shall have authority and power to provide when taxes shall become due; when taxes shall become delinquent and past due; and to fix a penalty for the nonpayment of taxes or any part thereof, to offer a discount for payment of taxes within specified periods; also to order and issue tax executions against all persons, firms or corporations who do not pay their taxes when due. When such execution is issued by the Town of Between, the same shall be a lien against all the property owned by the taxpayer who is defendant in fi. fa. and may be levied by the town marshal or any other
Page 3899
authorized by the laws of this State to make levy and sale. The town marshal is authorized and empowered to levy upon any property of the delinquent taxpayer and advertise and sell the property so levied upon the same procedure as sheriffs of this State. Same. Section 22. It shall be the duty of town council each year before taxes and tax valuations are assessed and passed upon, to determine whether a board of tax assessors shall be appointed or whether the members of town council will act as tax assessors for the Town of Between. This action of town council shall be reflected in the minutes of town council meeting. Tax assessors. Section 23. In the event town council decides to appoint a board of tax assessors for the Town of Between, it shall make such appointments on or before the regular April meeting of town council, and each person appointed shall hold office for a term of one year, and until his successor is appointed and qualified. Each member of the board of tax assessors for the Town of Between shall have been a citizen of Between for not less than one year prior to his appointment, shall be a freeholder and taxpayer of said town, shall not be less than twenty-one years of age at the time of his appointment, shall not be an elective officer of either the town, county, or State during his term of office as tax assessor. Each tax assessor shall prescribe to the following oath before entering upon the discharge of his duties: Same. I do solemnly swear that I will faithfully and impartially perform the duties of tax assessor for the Town of Between without favor to anyone, and will make a just and fair valuation of all property therein subject to taxation in accordance with the law and with the ordinances of said town, and that I will make a just and earnest effort to apply the same rules as to value to all taxpayers and to equalize the values placed upon the properties of the several taxpayers, so help me God. Section 24. The board of tax assessors shall consist of three members, they shall be appointed by town council as provided for herein, they may elect one of their members
Page 3900
as chairman, and use the services of the clerk of town council if they deem necessary. Any vacancy in said board may be filled by town council for the unexpired term. A majority of the board is a quorum and two affirmative votes are necessary to carry a motion or to take affirmative action. Same, members. Section 25. It shall be the duty of the board of tax assessors for the Town of Between to carefully examine all returns of both real and personal property for each taxpayer in the Town of Between, and if in the opinion of the board any taxpayer has omitted from his return any property which should be returned, or has failed to return any of his property according to law, and according to the rules adopted by the board for ascertaining the fair market value thereof for taxing purposes, the said board shall correct such returns and shall assess and fix what they deem to be the fair market value that ought to be placed on said property, and shall make a note thereof and attach the same to such returns. Before finally fixing the value of any such property it shall be the duty of such member of the board to familiarize himself with the property included in such return, and if necessary in order to familiarize himself with such property within the limits of said town to view the property themselves. It shall be the duty of said board to see that all taxable property within the limits of said town is assessed and returned at its fair market value according to law, and that the valuations placed on said properties as between individual taxpayers are fairly and justly equalized, so that each taxpayer shall be called upon to pay as near as may be, only his proportionate share of the taxes. The said board shall pass upon all returns submitted in said Town of Between within ninety (90) days from the time each of said returns has been submitted, and unless this be done, the return as made by the taxpayer shall stand approved as proper return of said taxpayer for that year. Same, duties. Section 26. It shall be the duty of said tax assessors where any property has not been returned by the owner for taxes as required by the ordinances in force and charter of said town to make out a return for each defaulting owner of all property owned by him at its just and fair valuation,
Page 3901
adding thereto such penalty as may be fixed by town council for failure to make returns of property for taxation. The same notice shall be given to the owner of such property, or his agent, and the same rights as to hearings and arbitration accorded each owner as provided in this Act in cases where the board of assessors changes a return submitted by a taxpayer. Section 27. In all cases where a change is made by the board of tax assessors in the return of the taxpayer, the board shall notify the taxpayer in writing of the change made in the tax return, setting forth in the notice the items changed or added, and the valuation placed thereon by the board, and advising the taxpayer of the time, place and hour when a hearing will be accorded by the board. This notice shall be served upon the taxpayer at least five days prior to the date set for a hearing, either personal service or by mail. In cases of nonresidents, notice shall be served by mailing same to his last known address ten days prior to the date set for said hearing. The posting of such letter properly stamped in the post office at Between shall be sufficient service. On the date and at the time set by said notice, unless said hearing is continued by the board, and notice is likewise served in writing as provided for herein, the said board shall meet and hear any complaint from the taxpayer as to the changes made. The valuations placed upon all items of property in said return by the taxpayer which are not increased or changed by the said board in their first instance shall be considered as approved by the said board as correct, and said valuations shall, after approval by the board, be final fixed by such approval as the true and correct valuation of all such items for the year for which the return was made. Only the items which have changed or added may be considered at said hearing. If, upon the hearing accorded to the taxpayer as to those items which are changed or added by the board and the consideration of the matter, the board does not assess a valuation upon the items changed which is satisfactory to the taxpayer, the latter shall have the right to file with the town council of Between a written request that the valuation placed upon the items changed or added by the board of tax assessors from the original return thereof be reviewed by the town
Page 3902
council and a true and correct valuation fixed by the town council. Such written notice shall be filed with the clerk of the Town of Between within five days from the decision of the board of tax assessors on the hearing of the taxpayer. The said notice shall set forth the items of which the taxpayer is dissatisfied and for which he wishes the town council to review. The Town of Between likewise has the privilege of appealing from said board of tax assessors' decision to the town council by giving five days' written notice to the taxpayer setting forth the items upon which the appeal is made. The town council shall, at its next regular or called meeting, after said notice is duly filed, providing said meeting is more than five days from the time the notice was filed, hear and consider the complaint made and raised by said notice. The taxpayer shall be notified of the time and place of the council meeting. The town council shall have full and complete power to investigate the valuations placed on the items objected to as stated by said notice, and may make this investigation by any means the town council desires to effect and ascertain the true market value of the items specified in such notice or appeal may be considered by the town council and the balance of the return will be considered as correct and conclusive. The town council shall notify the taxpayer of its decision and such notice shall be in writing. Notice. Section 28. In all cases where the taxpayer is dissatisfied with the valuation placed upon the item or items of property upon which a hearing before council was held on as set forth herein, the right to finally determine the fair market value of such property by arbitration shall be granted. Any taxpayer desiring arbitration in said matter shall, within five days from the time the decision is made and notice is served upon him by the town council, file with the Clerk of the Town of Between a written notice setting forth his dissatisfaction with the valuations placed on the property, naming the items upon which arbitration is desired, and shall, at the same time, name a resident and freeholder of the Town of Between as an arbitrator. As early as possible, and not later than the next regular meeting of the town council, the Town of Between shall name a resident and freeholder of the Town of Between as an arbitrator. The two arbitrators so named shall select a third resident
Page 3903
and freeholder of the Town of Between, and the three arbitrators thus selected shall meet within twenty (20) days and fix the valuation of those items of property upon which the taxpayer has demanded arbitration. In the event the two arbitrators shall fail to designate a third arbitrator within three (3) days, then the judge of the Superior Court of Walton County, Georgia, shall be requested to designate a resident and freeholder of the Town of Between as the third arbitrator. The decision of the majority of the arbitrators shall be binding and the decision shall be final and without appeal. Arbitration. Section 29. Before entering upon their duties as arbitrators, each shall take an oath that they will faithfully and impartially make a true and just assessment of the tax returns and property in question and will determine the matters submitted to them according to law and the justice and equity of the case. Notice shall be furnished to both the taxpayer and the Town of Between of the time, place and hour of the hearing to afford all concerned an opportunity to make his or its appearance to be heard. The compensation of said arbitrators shall be the sum of five dollars each, which shall be borne equally by the taxpayer and the town. Same, oath. Section 30. In the event that the town council of Between shall in any year act as tax assessors and do not appoint a board of tax assessors, the same rules and regulations shall apply to the town council as apply to boards of tax assessors. All rights and privileges granted to the taxpayer as to a hearing before the town council, and thereafter to arbitration, shall apply and be in force when the town council themselves are the board of tax assessors, and notices and service shall be given and made the same as if a board of three tax assessors had acted as provided for herein. Town council as tax assessors. Section 31. The board of tax assessors shall not pass upon the valuation of property owned by any member of the board, but the town council shall pass upon these returns and the same privileges are granted to members of the board of tax assessors to make appeal and to arbitration as provided for herein. No rights shall be withheld from the
Page 3904
members of the board of tax assessors for each appeal or arbitration. Members' property. Section 32. If any rule is adopted by any board of tax assessors or by council acting as tax assessors as to the method of reaching valuations of the property in the Town of Between, the same shall be applied to all the taxpayers of the town, and shall be taken into consideration by the arbitrators. It shall be the duty of the arbitrators to make investigation into any rules and regulations made and adopted by the board of assessors of the town council in determining the values of property and apply these rules to the property they have under consideration during the arbitration. Rules. Section 33. (a) The Town of Between is granted power and authority to issue executions and fi. fas. against any person, firm or corporation from any debt or claim the town may have against said person, firm or corporation, said debt or claim to include taxes, sewer rental, water, lights, paving, license, impounding fees and charges, rents of various kinds, fines and forfeitures, charges for laying sewers and water pipes, for cleaning, repairing, removing or installing privies, abating nuisances, and such other claim, demand or debt due the town. Fi. fas. (b) The said execution of fi. fa. shall issue in the name of said town by the clerk of council or other official designated by town council, and shall be a lien on all the property, both real and personal, owned, or in which an interest is owned by the person, firm or corporation against whom the execution of fi. fa. is issued. The same may be recorded in the records of the Clerk of Walton Superior Court and shall have the same dignity as an execution of fi. fa. issued from Walton Superior Court. (c) The Town of Between is granted authority and power to serve said execution of fi. fa., to make levy upon any property of the defendant and to sell the same as now or as may hereafter be provided by law for sheriff's sales, except that the mayor of said town is authorized to hear and grant orders for sale of personal property so levied
Page 3905
upon, and personal property may be sold after advertising the sale for ten days by posting notices at the town hall and two other public places. Perishable property or personal property, where there is an expense in the keeping of the same, may be sold after advertising the sale by posting notices at the town hall and two other places for three days. The marshal of said town, unless some other official is designated by town council, shall make said levies, advertisements, sales, execute the necessary deeds and other instruments and place the purchasers in possession. (d) Any person having an interest in the property levied on as aforesaid may file a plea of illegality, as provided for by law, returnable to Walton Superior Court. Section 34. The town council of the Town of Between shall have full power and authority to pave, repave, curb, recurb, grade, regrade, repair or improve any or all of the sidewalks of said town and assess any portion of the entire costs of such paving, curbing, recurbing, grading, regrading, repairing, or improving against the abutting property, and the owners thereof, prorated as to each according to lineal feet frontage of abutting property on the improvement, area or value of the abutting property, one or more or all, as may be determined by the said town council; also, to grade, regrade, macadamize, remacadamize, pave, repave, curb, recurb, repair, or otherwise improve for travel and drainage any or all of the streets, alleys or ways of the Town of Between and assess any portion or the entire cost of such grading, regrading, macadamizing, remacadamizing, paving, repaving, curbing, recurbing, repairing or other improving against the abutting property and the owners thereof, prorated as to each according to lineal feet frontage of abutting property on the improvement area or value of the abutting property, one or more or all, as may be determined by said town council; to grade, regrade, pave, repave, macadamize, remacadamize, curb, recurb, or otherwise improve the width of the tracks and between the tracks and on the side of any railroad or railroads running through or across the streets, alleys, ways or lanes of said Town of Between, and assess any portion or the entire cost of such improving, grading, regrading, paving, repaving
Page 3906
macadamizing, remacadamizing, curbing, or recurbing, against any property in said town or any part thereof of the railroad company or railroad companies whose railroad runs across or through the streets, alleys, ways or lanes of said town, and against said railroad company or companies; to grade, regrade, curb, recurb, pave, repave, macadamize, remacadamize, repair or improve any sidewalks or streets abutting on any property in said town owned by Walton County and against Walton County, according to the lineal feet frontage of such abutting property on said improvement, or according to the area or value of such abutting property, one or more or all, as may be determined by said town council; and also to provide for the enforcement and collection of assessments from such abutting or other property and the owners thereof by execution issued against such property and such owners. Streets, etc., assessments. Section 35. Said Town of Between through its town council shall have all power and authority to adopt by ordinance or otherwise such system of equalizing assessments on real estate made for the purposes and objects hereinbefore stated as may be just and proper, estimating the total cost of each improvement to be made, and prorating the same against abutting and other real estate, or any part thereof, and the owner of such real estate according to the proportion the frontage of such abutting real estate in each case bears to the total cost of such paving, repaving, grading, curbing, or otherwise improving any street, sidewalk, way or alley, or according to the area of value of said real estate one or more or all as may be determined by town council. Equalizing assessments. Section 36. The amount of the assessment on each piece of real estate shall be a lien on such real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making assessment, and said town council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement by execution issued by the clerk of the council of said town against the real estate so assessed and the owner thereof, and after advertising and other proceedings as in the case of tax sales under existing laws
Page 3907
and ordinances, or such as may hereafter be made applicable to the subject, said property shall be sold in the same manner and shall be subject to all the right of purchase by said town and redemption by the owners as provided by existing laws. The defendant in any execution shall have the right to file an affidavit or illegality denying that the whole or any part of the amount for which said execution issued is due, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received only for the balance. All affidavits shall set out in detail the reason why affidavit claims the amount is not due, and when received by said town shall be returned to the Superior Court of Walton County, and there tried and the issue determined as in the case of illegality and subject to all the pains and penalties provided for in case of illegality for delay under the Code of Georgia. Liens. Section 37. The town council shall have the authority to issue liens for any balances due or which may become due for such improvements as specified hereinbefore, and that the liens of said executions shall be co-equal with the lien of executions for taxes, prior to and superior to all other liens against said real estate, and such liens shall continue until said assessments and executions thereon shall be fully paid. Liens. Section 38. The town council shall have the power and authority to prescribe by ordinance such rules and regulations as in their discretion may be deemed necessary respecting the grading, paving, repaving, curbing, macadamizing, draining, otherwise improving the streets, sidewalks, ways and alleys of said town and the assessment of any or all the costs or expenses thereof against abutting property, and the enforcement by execution of the collection of such assessments. Streets, etc., assessments. Section 39. The town council shall have the authority and power to prescribe by ordinance or otherwise such notice to abutting property owners as may be proper, and for hearing complaints from such property owners, as may be requisite under the law. Notice.
Page 3908
Section 40. The town council shall have the authority in the name of the Town of Between to provide for the issuance of executions for the full assessments against the abutting property, or any part of said property, or other property as hereinbefore provided, and the owners thereof, for the cost of any such street improvement certificates or bonds to cover the estimated cost thereof, which certificates or bonds shall in no event become a liability of the Town of Between, but shall be payable solely from assessments made against real estate under the provisions of this Act, and sell the same at the best price obtainable. Such certificates or bonds shall be negotiable and shall be issued in such denominations and payable at such times and shall bear such rate of interest payable annually or semi-annually, as may be determined by town council. Said certificates or bonds shall be signed in the name of the Town of Between by the mayor, attested by the clerk of council of said town, and shall have the corporate seal of said town affixed thereto. They shall be payable to bearer at such place as may be designated and shall be based upon the executions issued against the abutting property owners for street or sidewalk improvement as hereinbefore provided. They may be turned over and delivered to the contractor to whom the contract has been awarded for such street or sidewalk improvement at such price or consideration as may be agreed upon in the payment of the amount due said contractor on his contract. Such certificates or bonds may be registered with the clerk of council in records to be provided for that purpose, and certificates of registration by the clerk of council shall be entered and endorsed upon each of said certificates or bonds so registered. Bonds. Section 41. The town council shall have power and authority to prescribe the terms of payment, the rate of interest, and the time and place of payment of assessments made for street and sidewalk improvements under this Act, and executions issued thereon to pledge such assessments and executions, or any part thereof, or the monies collected therefrom, or any part thereof, to the payment of the street improvement certificates or bonds issued by virtue of the provisions of this Act, and to use such monies so collected
Page 3909
for such purpose and for the payment or other expenses incident to such street improvements. Same, payment. Section 42. The provisions of this Act shall likewise apply to any new sewer or water lines or mains the Town of Between, through its town council, may deem necessary to construct or rebuild; and the town council shall have the same power and authority as to such extension or rebuilding of sewer and water lines of said town as vested in them by this Act as to paving, repaving, curbing, and otherwise improving the sidewalks and streets of said town, and all the provisions to this Act shall apply to such additions and improvements to the sewer and water lines of said town to the levying of assessments to cover the costs and expenses thereof and to the issuance of certificates or bonds to raise money for such purposes; but certificates and bonds issued for the extension or improvement of sewer or water lines or mains shall be known as sewer improvement certificates or sewer improvement bonds, or water improvement certificates or water improvement bonds, sewer and water certificates or sewer and water bonds, as the case may be. Bonds, water and sewers. Section 43. No paving or repaving of any of the streets of the Town of Between or part or parts thereof, or extension or improvements of any of the water or sewer lines and mains of said town shall be undertaken by the town council except by consent of the property owners owning a majority of the property abutting on the streets to be improved or where sewer or water lines or mains are to be improved or extended, determined according to the method of assessment adopted under this Act as provided for herein, that is, on the basis of lineal feet frontage area or value of abutting property, one or more or all. When said town council shall determine and decide to submit a street improvement project, such consent may be determined by a failure of such majority of such owners or property, determined as aforesaid, within fifteen days after the publication in the official newspaper for Walton County of a notice by the clerk of the town council of Between that an improvement project is contemplated, naming the street or streets or part of street or streets, to be improved, and specifying the nature of the improvement, to file a protest or objection
Page 3910
to such improvement, or it may be determined by filing a petition by a majority of the owners of the property, determined as aforesaid for an improvement project, which petition shall specify the street or streets, or part or parts of street or streets which it is deemed shall be improved, and the nature of the improvement sought. After it is determined by said town council that a majority of said owners of property, determined as aforesaid, have not filed protest or objection to an improvement project contemplated within the time allowed, or that a majority of the owners of property, determined as aforesaid, have petitioned for such improvement project, then the said town council, before they shall be authorized to proceed further with such improvement project, shall pass an ordinance providing for such project, which ordinance shall be published one time in the official newspaper of Walton County, and all property owners to be assessed for the cost of the improvement who do not within fifteen days after the publication of said ordinance commence legal proceedings to prevent the assessment of their property as provided for in this Act shall be conclusively presumed to have accepted the terms of said ordinance and to have agreed that the assessment against their property as provided in this Act shall be made. Paving, etc., consent necessary. Section 44. (a) The town council shall have the power and authority to issue bonds of said Town of Between at such times as they see proper, within the limits provided by the Constitution of Georgia, and of such denomination and in such amounts as they see proper; the said bonds shall not bear interest in excess of eight per cent per annum, and not to run for a period of longer than thirty years from date of issue, but may bear a less rate of interest and run for a shorter period of time from the date of their issue in the discretion of the town council. Said bonds to be issued, hypothecated, and sold for the purpose of establishing and maintaining, equipping, extending, operating and repairing a system of waterworks, a system of sanitary sewerage, a crematory, a system of street lights, either gas or electric or both, a system of public schools, paving or macadamizing streets, or sidewalks, erection of necessary public buildings, and adequate fire department, a hospital and drainage. Bonds will be attested by said town clerk of Between under
Page 3911
the corporate seal of said Town of Between, and shall be negotiated in a manner determined by said town council to be the best interest of said town, provided, however, said bonds shall not be issued for any of the above purposes until the same shall have been submitted to the qualified voters at an election held for that purpose, under and in conformity with the general laws of the State governing the issuance of bonds by a municipal corporation. Bonds. (b) The said town council shall have power and authority to order elections at various times to determine the issuance of bonds in accordance with general elections in said town at such time or times as they deem best for the purpose of issuing bonds for the improvements designated in this Act. And said town council shall provide how said public debt may be paid and shall constitute a sinking fund for said purpose. Section 45. Said town by and through its town council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities to do all the things and acts authorized by the Revenue Anticipation Law of 1937, of this State and Acts amendatory thereof. Bonds. Section 46. The town council shall have the power and authority to require and compel all toilets, baths, water closets, urinals, and privies within the corporate limits of the Town of Between to connect with the drain in the sewerage mains and sewer pipes of said town, except where such fixtures or the building in which they are located may be more than five hundred (500) feet from any sewer main of said town. That should the owner of the property upon which is located any toilet, bath, water closet, urinal or privy fail and refuse to make the sewerage connections as referred to herein within thirty days after being requested by said town, then such
Page 3912
property owner may be punished as may be provided for by the town council. The Town of Between may make or have made the sewer connections and the costs thereof shall be assessed against the property and owner of such property upon which such fixtures are located and the collection of such assessment may be made by said town in the same manner and method as well as the same defenses by the property owner as are now authorized in the collection of taxes by said town. Sewers, connections. Section 47. The town council of Between shall have the power to compel all owners of stores, restaurants, banks, business houses and other buildings used for business purposes within the limits of said town to install therein water closets and toilets sufficient to meet the need of the occupants, tenants, employees and patrons of such stores, restaurants, banks, business houses and other enterprises and connect said water closets and toilets with the sewer mains of said town under the terms of and in accordance with and subject to all laws now in force in said town applicable thereto. In the event of refusal by the property owner within 30 days after requested to do so by the town to install and connect the fixtures referred to herein, the town may make or have made such installation and connection and issue execution against the property owner for the costs and expenses thereof, with the same priority of lien of such execution and with the same right to owner to file affidavit of illegality to such execution as provided for the collection of taxes by said town. Business toilets, etc. Section 48. The town shall have the right and privilege of extending the water and sewerage mains and system or either and when extended the above section shall apply to the area within the corporate limits of said town where such extensions are made. Section 49. (a) The town council shall have the power and authority to impose a tax, not exceeding two dollars per capita per annum on dogs owned or kept or found within the corporate limits of the Town of Between, and shall have the power and authority to pass such ordinances as they deem necessary to collect such tax, or to otherwise
Page 3913
enforce the provisions of this Section, and may authorize and direct the marshal and police officers of Between to impound or kill any dog or dogs at large within the corporate limits of Between whose owner has failed or refuses to pay such tax, and also to otherwise provide for punishment of such owner or owners. Dog tax. (b) That town council is granted further power and authority to have all dogs inoculated against rabies or other disease and to destroy those animals which are not so treated. Section 50. The town council shall have full power and authority by ordinance, to prevent injury or annoyance to the public or individuals from anything dangerous, offensive or unwholesome; to protect places of divine worship in and about the premises where held; to regulate the keeping of gunpowder, dynamite and other combustibles; to provide in or near said town places for the burial of the dead, and regulate the interment therein, may act as trustees under any conveyance or will giving money or property for charitable purposes; to provide for the drainage of lots in said town by proper drains, sewers or ditches; to make regulations guarding against danger or damage by fire; to exempt the officers and employees of the town from a street tax; to protect the person or property of the citizens of said town; to regulate and control public meetings and public speaking in the streets of Between; to contribute and support any work for the physical and moral uplift and benefit of the people of this town; to prevent the obstruction of the streets of said town, or gathering of disorderly crowds in said streets; to own, lease and maintain airports and landing fields and anything necessary thereto, and to supervise and control it whether inside or outside the town limits; and to enforce the provisions of these rights by appropriate ordinances and to do any and all other things incident thereto, not contrary to the Constitution and laws of the State of Georgia. Nuisances. Section 51. The town councilmen of the Town of Between may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by
Page 3914
ordinance a plan or plans for the zoning of the town for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The town may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor or councilmen of said town shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry out this Section. Zoning. Section 52. The town council shall have authority to establish a town jail and provide regulations for the same in which to confine prisoners for punishment or persons arrested or persons for safekeeping and that said town shall have the right to establish public works gang for the purpose of working the streets and other municipal work of said town. The presiding officer at the recorder's court is granted authority to sentence any person convicted of the violence of any ordinance or law of said town to a term in jail, a term on the public works gang, a fine, any one or all of said penalties. Town council is authorized to establish such rules and regulations it deems necessary for the supervision, conduct and general welfare of said jail and public works camp. Jail. Section 53. The recorder's court shall have power and authority to preserve order during its session, to compel the attendance of witnesses, to punish for contempt for not
Page 3915
more than 6 days in jail or not to exceed a $50.00 fine or both, to issue warrants for arrest, to act with same powers and authority of an ex officio justice of peace in binding over to a higher court and assessing bond therefor. It is further provided that town council may have the same rights as recorder's court to punish for contempt when in regular or called sessions. All fines may be collected by execution issued by the clerk of council and levied as other executions. Recorder's court. Section 54. The rights of certiorari from the judgment of recorder's court shall be had to the Superior Court of Walton County and shall be governed and controlled by the laws of Georgia in force at the time the certiorari is made. Appeal. Section 55. (a) The town council is vested with power and authority to establish fire limits of fire zones in said town, and to prohibit the erection or remodeling of any wooden building or other structures as will, in the opinion of said town council, increase the fire risks in such part or parts of the Town of Between as they may designate fire limits or fire zones. They may change the fire limits or fire zone as they deem necessary, and exercise and use such supervision and control over the construction of houses and buildings of every nature as well as the materials used therein. The words house and building as used herein mean all parts of the house or building including awnings, sheds, chimneys, flues, plumbing, heating units, as well as wires. Fire zones. (b) The town council may specify the kind and type of material to be used in the construction of buildings within the fire zone or fire limits, and the manner in which material may be used in erecting or repairing or remodeling such house or building. (c) The town council shall have supervision and control of all warehouses, buildings and places where materials or property of an inflammable nature are stored, and may by ordinance provide suitable restrictions, rules and regulations for the operation, storage and conduct around and near such places.
Page 3916
(b) The town council shall have power and authority to remove any forge, blacksmith shop, livestock sales stable, barns, or any other building, house, enclosure or structure within the said town limits whenever in their discretion it shall be necessary for protection against fire or health and shall have authority to cause the removal or repair or rebuilding of any chimney, flue, pipe or other thing or matter that in council's opinion will endanger the town or any property therein as to fire. (e) The town council may summarily declare any building, structure or house dangerous when the same appears to town council to be decayed, unsound or unsafe to pedestrians or persons passing, or that the same is endangering the health of said town or any portion of the inhabitants thereof, or in any location therein, or is likely to produce or spread disease or sickness. This may be so declared by town council instanter and they may summarily condemn it to be torn down or destroyed with or without the contents therein, so as to prevent the introduction or spread of infectious disease. The officers who perform this duty shall not be liable to answer therefor to anyone in any court, except for gross negligence and extreme want of care coupled with malice, provided that whenever any property shall have been destroyed under the provisions of this Section the Town of Between in its corporate capacity shall be liable to the owner thereof only for the actual cash value therefor and shall not be liable for any prospective damages in connection therewith. Section 56. The town council is authorized and empowered to establish, build, equip, maintain and conduct, or to assist in the same, of a general hospital in said town, and to levy a tax, to collect a tax and to appropriate funds from either general or special tax monies for said hospital, and the treatment of the sick therein, as well as the expenses of maintaining said hospital. Hospital. Section 57. (a) The mayor and councilmen are hereby authorized, in their discretion, to make appropriations and payments from the general funds of the town for the purpose of soliciting and entertaining public conventions, conferences
Page 3917
and meetings of all kinds of societies attended by delegates from other places, and any hall or auditorium belonging to the town may be used free for such purposes; and also to make appropriations and payments from the general funds of the town for the purpose of advertising said town and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the town, and also for making contributions to any board of trade or chamber of commerce, or like body in said town, which may have for its object any of the above stated public purposes; and also to make payments from the general revenues and funds of the town for the support of public hospitals, libraries, charities and other eleemosynary institutions in the town. The said town is authorized to exempt from tax or license or both any new business or enterprise coming to and locating in Between, however, this exception cannot exceed five years. Conventions. (b) Said town is authorized to receive any funds, property or other thing which may be offered as a donation or gift to the town or for public use and enjoyment. Section 58. The town council is granted power and authority to enact such ordinances, resolutions, rules and regulations it deems necessary regarding the establishment of subdivisions of land within the town limits. It shall be the duty of each person or firm establishing or creating a subdivision of land in Between to file a plat or map of same with the clerk of the town council and all streets, sidewalks, lanes and alleys shown on said plat or map are declared to be and are dedicated to public use and become the property of the Town of Between. Subdivision of land. Section 59. The town council of the Town of Between shall have power to authorize the marshal or any policeman of said town to summon, orally or otherwise, any bystander or as many bystanders as he deems necessary to aid in the arrest of any person or persons violating any ordinance of said town or law of this State, and to provide for any person or persons failing or refusing to obey said summons. Such person or persons assisting the marshal or
Page 3918
policeman are hereby granted the immunities and privileges of a regular policeman of said town. Section 60. The town council shall have the power and authority to require any person, firm or corporation to obtain from said town written permit to build, erect, repair or remodel in said town any house, building or any kind of structure where the estimated costs thereof shall not exceed fifty dollars. The town council shall have power and authority to prescribe the form of application for said permit and specify the information to be furnished by the applicant. The town council shall have the power and authority to specify the kind, type, and materials to be used in such building or repair and to grant or refuse to grant any application for permit with or without cause. They shall also have power and authority to provide penalties for the violation of any ordinances, rules or regulations regarding building permits. Building permits. Section 61. The town council shall have full power and authority to regulate the running, speed and parking of buses, trucks, automobiles, trailers, engines, trains and other vehicles within the limits of said town and upon the streets, railroads, alleys, or other places in said town. Regulation of vehicles. Section 62. The mayor and council members shall have power and authority to grant franchises, easements, and rights of way in, on, under and over streets, alleys, lanes, squares, sidewalks, parks and other property of the said town. The town council shall likewise have the power and authority to pass such ordinances as may be necessary to carry out and effectuate the provisions of this Section and to prescribe a penalty for a violation of these ordinances. Franchises, etc. Section 63. All sales provided for here shall be as effective and effectual to pass title as the deed of the person against whom the execution was issued. The Town of Between may buy property sold under execution under same terms and provisions as is provided in the purchases by counties of the State of Georgia tax sales. The town may also sell and convey title to any property owned by it, upon ordinance or resolution passed by town council. Property.
Page 3919
Section 64. The town council shall have power to take up and impound any horses, mules, hogs, cows, or other animals running at large in said town; also levy a tax on each dog in said town running at large not to exceed two dollars a year, and to make and enforce all ordinances which they may deem necessary and proper for the regulation and control of all such animals in said town, and to enforce the provisions of this Section, including the advertising and sales of such animals which may be impounded, to assess fees and costs therefor and provide for the collection and payment thereof. Animals. Section 65. All unliquidated claims against said Town of Between shall be presented within twelve months after they accrue or become payable, or the same are barred, unless held by minors or other persons laboring under disabilities, who are allowed twelve months after the removal of such disability. Unliquidated claims. Section 66. The town council shall have power to prevent, control, and abate idleness and loitering within the corporate limits of the Town of Between to provide for and to punish any person or persons found guilty of loitering or vagrancy. Loitering. Section 67. The Town of Between shall have the power and authority to own, acquire, control, and maintain property in or near said town for a cemetery, and to regulate and control interments therein, to punish any and all persons injuring or destroying the property or shrubbery therein, and to enact such ordinances and prescribe such rules and regulations as the town council may deem necessary to properly regulate, protect and control the said property and the use thereof. Cemetery. Section 68. The town council shall have power and authority to prevent, to regulate or to supervise the use of firearms, fireworks, or other dangerous annoyances or explosives used in sports or otherwise in said town, providing, however, this Section shall not apply to any citizen when defending or protecting his person or property. Firearms.
Page 3920
Section 69. The town council may declare what shall be a nuisance in said town, and provide for the abeyance of the same. The town council shall have the power and authority to remove or cause to be removed at the expense of the owner thereof, any or any portion of any building, porch, steps, fence or other obstruction or nuisance in or near any public street, and to abate any and all nuisances located within the corporate limits of said town; also to provide for punishment for anyone found guilty of maintaining or carrying on a nuisance. In the event a nuisance is abated at any expense or cost to the Town of Between and the owner of said nuisance fails and refuses to pay the said cost or expense within ten days after a demand is made for such payment, then the clerk of the Town of Between shall issue execution in the name of said town for such costs or expenses in the same manner as for taxes. Said execution shall have the same dignity as one issued from the Superior Courts of this State. Nuisance. Section 70. The town council shall have full power and authority to establish a fee-bill for the officers of said town, such fees when collected, to be paid into the town treasury and that until, and unless changed by ordinance the same fees shall be charged and collected by the said town officers insofar as applicable, as is now provided for sheriffs and clerks of the superior courts of this State. The clerk is authorized to issue execution for the nonpayment of past due or delinquent unpaid fees. Fees. Section 71. The town council is authorized and empowered to sell, furnish, and distribute water, gas, lights, sewerage, electric energy, power and any other utility service together with the facilities to furnish and supply these services and utilities within the corporate limits and within one mile from the corporate limits of said town. The town council is authorized and empowered to make contracts for the purchase of electric energy, power and current for its use and redistribution, to generate and manufacture the same; to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the town council may deem necessary. That the said town shall have the right to obtain by purchase, gift or condemnation such
Page 3921
rights of way and easement as may be necessary for the purpose as provided in this Section. Utilities. Section 72. The town council shall have power and authority to prevent or regulate the carrying on during the Sabbath Day of all business of whatever nature in any manner they may see fit not contrary to laws of this State; to prohibit all games and amusements within the town limits not consistent with the proper observance of the Sabbath Day. Sunday. Section 73. The town council is granted authority to regulate, control and supervise the sale and distribution of any malt or alcoholic drinks or beverages within the town limits or within a one mile limit without the town limits where the sale, storage or possession of malt or alcoholic beverages or drinks have a tendency to adversely affect the moral, physical or health conditions of said town or the inhabitants thereof. Alcoholic drinks. Section 74. (a) The recorder of said town shall have the power and authority to hold a court to be known as Recorder's Court at such time and place in said town as the town council may designate and appoint for the hearing and trial of offenses committed against or for the violation of the bylaws, rules, regulations, ordinances, or laws of said town. Recorder's court. (b) The recorder is authorized and empowered to hear and try those charged with the violation of, or offense against, the bylaws, rules, regulations, ordinances, or laws of said town and should the defendant be found or adjudged guilty of any such violation he may be punished by a fine not to exceed three hundred ($300.00) dollars, or by confinement in the town jail or stockade or elsewhere in a place of confinement as may be designated by the recorder or town council, not to exceed ninety (90) days, or by labor on the streets or public works of said town under the control, supervision and discretion of the proper officers not to exceed ninety (90) days. The recorder may sentence the defendant to either one or more of said penalties or any part thereof. All sentences may be in the alternative and fines may be imposed with alternative
Page 3922
of either or both of the other punishments in the event the fines are not paid. The recorder may also require that the costs of prosecution shall be paid by the defendant. (c) Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said recorder's court the same may be enforced and collection by an execution issued by the clerk of council as provided for herein for the collection of taxes, and levies, sales and defenses may be made in the same manner as executions issued for taxes. (d) The town council shall have the power and authority to provide by ordinance or otherwise for the charge and collection of all costs in recorder's court such as are usually incident and lawfully chargeable in the class of cases tried in said court, the same to be added to, or included in the amount of fine imposed. Unless changed by the town council, the charges for costs shall be the same as are now or as may be lawfully charged in superior courts of this State. (e) The recorder of said town shall be ex officio justice of the peace so far as to enable him to issue warrants for any offense, State or town, committed within the town limits of said town. Said warrant may be served by the marshal or police of said town or by any arresting officer of this State, and acting under said warrant, the officer may arrest either within or without the limits of said town. Offenders so arrested may be carried before the recorder, and if there is probable cause to suspect that any of the penal laws of this State or any rule, regulation, bylaws, ordinance or law of said town has been violated, then the recorder may bind the offender over to the proper court, and to commit the accused to the jail or place of confinement to answer the charge against him, provided, that the recorder may, if such offense is bailable, admit the accused to bail, the arresting officer may approve the bond. Should the accused be bound over to the State courts, then all papers should be delivered to the clerk of the court of which the accused was bound over. (f) That the mayor may serve as the recorder when the recorder is absent, disqualified, or unavailable to serve, and
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should both the recorder and mayor be absent, disqualified or unavailable to serve, the council member of said town may serve as presiding officer at recorder's court. Section 75. 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 76. An Act incorporating the Town of Between, approved August 17, 1908, (Ga. L. 1908, p. 408), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 3681) is hereby repealed in its entirety. Repealer. Section 77. All laws 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 January 1973 session of the General Assembly of Georgia, there will be introduced a bill, which when passed, will provide a new charter for the Town of Between and for other purposes. This 7th day of February. Bobby Carrell Representative District 71 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Carrell who,
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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 Walton Tribune which is the official organ of Walton County, on the following dates: February 7, 14, 21, 1973. /s/ Bobby Carrell Representative, 71st District Sworn to and subscribed before me this 7th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires, Dec. 18, 1976. (Seal). Approved April 19, 1973. COMPENSATION TO MARVIN L. PERKINS AUTHORIZED. No. 50 (House Resolution No. 146-568). A Resolution. Compensating Mr. Marvin L. Perkins; and for other purposes. Whereas, on May 3, 1972, the Mercury Montego automobile owned by Mr. Marvin L. Perkins of Glennville, Georgia, was being driven by his daughter in the city limits of Macon, Georgia; and Whereas, a motor vehicle belonging to the Department of Transportation and being operated by one of its employees struck the rear of a motor vehicle which in turn, struck the rear of Mr. Perkins' automobile; and
Page 3925
Whereas, Mr. Perkins was required to expend the sum of $356.64 in order to repair the damage to the rear of his automobile; and Whereas, the accident occurred through no fault or negligence of Mr. Perkins or his daughter, 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 Department of Transportation is hereby authorized and directed to pay the sum of $356.64 to Mr. Marvin L. Perkins 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 19, 1973. COMPENSATION TO CURTIS YOUNGBLOOD FORD, INC. AND MRS. LINDA LANIER AUTHORIZED. No. 52 (House Resolution No. 153-604). A Resolution. Compensating Curtis Youngblood Ford, Inc. and Mrs. Linda Lanier; and for other purposes. Whereas, on February 28, 1972, a 1970 Ford, belonging to the Department of Public Safety, and operated by one of its employees, was driven out of the rear door of the service department at Curtis Youngblood Ford, Inc., which is located on Highway 301 south of Statesboro, Georgia; and Whereas, said vehicle struck a 1972 Ford Pinto Run-about demonstrator, belonging to Curtis Youngblood Ford, Inc., and driven by one of its employees, causing property damage in the amount of $418.82 and personal
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injury to Mrs. Linda Lanier, a passenger in the demonstrator, in the amount of $6.00; and Whereas, said accident occurred through no fault or negligence on the part of Curtis Youngblood Ford, Inc. or Mrs. Linda Lanier, so it is only fitting and proper that they be reimbursed for their 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 $424.82 to Curtis Youngblood Ford, Inc. and Mrs. Linda Lanier 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 19, 1973. TAYLOR COUNTYBOARD OF COMMISSIONERSCOMPENSATION CHANGED. No. 744 (House Bill No. 1187). An Act to amend an Act establishing a board of commissioners of Taylor County, approved December 15, 1897 (Ga. L. 1897, p. 401), as amended, so as to change the compensation of the members of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a board of commissioners of Taylor County, approved December 15, 1897 (Ga. L. 1897, p. 401), as amended, is hereby amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10 to read as follows:
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Section 10. Each member of the board of county commissioners of Taylor County shall receive for his services the sum of $1,800.00 per annum, to be paid in equal monthly installments from the funds of Taylor County. Said salary shall include all expenses incurred in connection with the administration of county business within the county. Salary. 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 Legislation. Notice is hereby given that there will be introduced in the 1973 session of the Georgia General Assembly a bill to change the compensation of the County Commissioners, Sheriff's Office, Tax Commissioner, Clerk of the Superior Court, Office and the Ordinary's Office of Taylor County, and for other purposes. Ward Edwards District 95, Post 1 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 95th 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 8, 15, 22, 1973. /s/ Ward Edwards Representative, 95th District
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Sworn to and subscribed before me this 6th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. TAYLOR COUNTYORDINARY'S COMPENSATION CHANGED. No. 745 (House Bill No. 1188). An Act to amend an Act abolishing the mode of compensating the Ordinary of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, approved April 5, 1971 (Ga. L. 1971, p. 3185), 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 abolishing the mode of compensating the Ordinary of Taylor County, known as the fee system, and providing in lieu thereof an annual salary, approved April 5, 1971 (Ga. L. 1971, p. 3185), is hereby amended by striking from section 2 the following: 9,000.00, and inserting in lieu thereof the following: 9,450.00, so that when so amended, section 2 shall read as follows:
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Section 2. The Ordinary shall receive an annual salary of $9,450.00, payable in equal monthly installments from county funds. Salary. 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 in the 1973 session of the Georgia General Assembly, a bill to change the compensation of the County Commissioners, Sheriff's Office, Tax Commissioner, Clerk of the Superior Court Office and the Ordinary's Office of Taylor County, and for other purposes. Ward Edwards District 95, Post 1 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 95th 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 8, 15, 22, 1973. /s/ Ward Edwards Representative, 95th District Sworn to and subscribed before me, this 6th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973.
Page 3930
COMPENSATION TO. E. W. WILLIAMS AUTHORIZED. No. 53 (House Resolution No. 155-610). A Resolution. Compensating Mr. E. W. Williams; and for other purposes. Whereas, on May 18, 1972, Mr. E. W. Williams was driving his 1969 Mercury automobile on Georgia Highway 29 about 8.3 miles north of Dublin, Georgia; and Whereas, a motor vehicle owned by the Department of Offender Rehabilitation, and operated by one of its employees, was passing in the wrong lane and struck the left front fender of the automobile driven by Mr. Williams; and Whereas, Mr. Williams suffered property damage in the amount of $758.22; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Williams, 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 Offender Rehabilitation is hereby authorized and directed to pay the sum of $100.00 to Mr. E. W. Williams 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 compete satisfaction of all claims against the State arising out of said occurrence. Approved April 19, 1973. CITY OF WARNER ROBINSCORPORATE LIMITED CHANGED. No. 746 (House Bill No. 1193). An Act to amend an Act incorporating the City of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as
Page 3931
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 Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as 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 of said municipality shall embrace the following described territory: BEGINNING at a point where the northerly right-of-way of Bargain Road is extended easterly to intersect with the westerly right-of-way of Georgia Highway No. 247; thence in a southerly direction along the westerly right-of-way of said highway to where said right-of-way intersects with the southerly line of Land Lot 241 of the Fifth Land District; thence in a westerly direction along the southerly line of Land Lots 241 and 223 to a point where the southerly line of Land Lot 223 intersects with the northerly extension of the east line of Lot 55 of Lyn Mar Park Subdivision; thence in a southerly direction crossing Crestview Drive and continuing along the easterly line of said lot to the southeast corner of said lot; thence in a westerly direction along the southerly line of said lot to the southwest corner of said lot; thence in a northerly direction along the westerly line of said lot to the southerly right-of-way of Crestview Drive; thence along the southerly right-of-way of Crestview Drive to the easterly line of Lot 58 of Lyn Mar Park Subdivision; thence in a southerly direction along the easterly line of said lot to the southeast corner of said lot; thence in a westerly direction along the southerly line of Lots 58, 59, 60, 61, 62 and 63 of said subdivision to the southwest corner of said lot 63; thence in a northerly direction along the westerly line of said lot to the southerly right-of-way of Crestview Drive and continuing in a northerly direction along the northerly extension of said lot line to the southerly line of Land Lot 223; thence in a westerly direction along the southerly line of Land Lots 223, 220 and 197 to a point where the
Page 3932
southerly line of Land Lot 197 intersects with the northeasterly right-of-way of Booth Road; thence in a southeasterly and then easterly direction along the northeasterly and northerly right-of-way of said road to the westerly right-of-way of Georgia Highway No. 247; thence in a southerly direction along the westerly right-of-way of said Highway crossing Sandy Run Creek to a point where the southerly property line of the City of Warner Robins property intersects therewith; thence in a westerly direction along the southerly line of said property to a point where the easterly line of Land Lot 18 of the 11th Land District intersects therewith; thence in a northerly direction along the easterly line of Land Lots 18 and 17 of said district to the run of Sandy Run Creek; thence in a generally westerly direction along the run of said Creek to the easterly right-of-way of the Southern Railroad (formerly G.S.F. Railroad); thence along the easterly right-of-way of said railroad to the southerly right-of-way of Booth Road; thence in a westerly and then northwesterly direction along the southerly and southwesterly right-of-way of said road to the southerly line of Land Lot 197; thence in a westerly direction along the southerly line of said Land Lot 197 to the easterly right-of-way of Moody Road (formerly Fagin Mill Road); thence in a generally southerly direction along the easterly right-of-way of said Road to a point where the easterly right-of-way of the proposed Wilkinson Lake By-Pass begins; thence continuing along the easterly right-of-way of said proposed By-Pass Road to a point where the easterly right-of-way of said proposed By-Pass Road ends, being a point on the northerly right-of-way of Sandy Run Road; thence continuing in a southerly direction to the southerly side of said Road; thence in a westerly direction to a point on the westerly side of Moody Road (formerly Fagan Mill Road); thence in a generally northerly direction along the westerly right-of-way of said road to the southerly line of the Seventh Day Adventist Church property; thence in a westerly direction along the southerly line of said property to the southwest corner of said property; thence North 0 degrees 32 minutes East for 590.91 feet to a point; thence South 89 degrees 35 minutes 30 seconds East for 700.20 feet to a point on the westerly right-of-way of Moody Road; thence in a northerly direction along the westerly right-of-way of said
Page 3933
road for 1092.89 feet to the southerly right-of-way of Watson Road; thence in a westerly direction along the southerly right-of-way of Watson Road to the westerly right-of-way of Burns Drive; thence in a southerly direction along the westerly right-of-way of Burns Drive to the southeast corner of Lot 3, Block `C', Section No. 3, Sonja Heights Subdivision; thence in a westerly and then southerly direction along the rear lines of Lots 3, 2, 26, 25, 24, 23, 22, 21, 20, 19, 18 and 17, Block `C' of said subdivision to a point on rear line of said Lot 17 and being 40 feet southerly of rear adjoining corners of said Lots 17 and 18; thence in a southerly direction along the southerly extension of rear lines of said Lots 17 and 18 to the southerly right-of-way of Rusty Road; thence in a westerly, then generally northwesterly and than northerly direction along the southerly, southwesterly, and westerly right-of-way of Rusty Road to the southerly right-of-way of Watson Road; thence in a westerly direction along the southerly right-of-way of said road for a distance of 350 feet to a point; thence in a southerly direction to the rear corner of Lots 17 and 18, Block `A', of Section No. 2, Sonja Heights Subdivision; thence in an easterly direction along the rear lot lines of Lots 17, 16 and 15 of said Block to a point 40.19 feet easterly of the rear corner of Lots 15 and 16 of said Block; thence in a southeasterly and then southerly direction of the northeasterly and easterly line of Lot 15 of said Block to the southeast corner of Lot 15 of said Block; thence continuing in a southerly direction across Cheryl Blvd. to a point on the southerly right-of-way of Cheryl Blvd.; thence in an easterly direction along the southerly right-of-way of Cheryl Blvd. to the northwest corner of Lot 1, Block `F' of Section No. 1, Sonja Heights Subdivision; thence in a southerly direction along the westerly line of Lot 1 of said Block `F' for 109.67 feet to a point; thence in a generally southerly direction along the rear lines of Lots 2 thru 16 of said Block `F' to the rear corner of Lots 16 and 31 of said Block `F'; thence continuing along the rear lines of Lots 31, 32 and 42 of said Block `F' to the rear corner of Lots 42 and 43 of said Block `F'; thence in a southerly direction along the westerly side line of Lot 43 of said Block `F' for 120 feet to the right-of-way of Randy Circle; thence in a southerly direction crossing Randy Circle to the southerly right-of-way of said street to the front
Page 3934
corner of Lots 43 and 44, Block `G' of said subdivision; thence in a southerly direction along the westerly line of Lot 44 of said Block for 146.47 feet to a point common to Lots 43, 44 and 45 of said Block; thence in a westerly direction along the line between Lots 43 and 45 of said Block to the rear corner of Lots 43 and 45; thence in a southerly direction along the rear lines of Lots 45, 46, 47, 48, 49, 50 and 51, of said block to the southwest corner of Lot 51 of said block; thence continuing in a southerly direction along the extension of the rear lines of Lots 50 and 51 of said block to a point on 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 193; thence in a southerly direction along the easterly line of said Land Lot 193 to the run of Sandy Run Creek; thence in a westerly direction along the run of Sandy Run Creek to a point where the run of Howard Branch intersects therewith; thence in a generally westerly direction along the run of Howard Branch to the northerly line of Land Lot 192 of said district; thence in an easterly direction along the northerly line of said Land Lot 192 to the southwest corner of Land Lot 169 of the Fifth Land District; thence in a northerly direction along the westerly line of said Land Lot 169 to the southerly right-of-way of Watson Road; thence in a westerly and northwesterly direction along the southerly and southwesterly right-of-way of said road to a point where the southwesterly right-of-way of Watson Road intersects with the southerly right-of-way of Corder Road; thence in a westerly direction along the southerly right-of-way of Corder Road to the northeast corner of Lot 4, Block `B' of the Westwood Subdivision; thence in a southerly direction to the southeast corner of Lot 4, Block `G' of said subdivision; thence in a westerly direction to the southwest corner of Lot 1, Block `G' of said Subdivision, being a point on the northeasterly right-of-way of Houston Lake Blvd.; thence in a northwesterly direction along said right-of-way to a point on the westerly line of Land Lot 142 of said district; thence in a northerly direction along the westerly line of said Land Lot 142 to the southerly right-of-way of Corder Road; thence continuing in a northerly direction across said road to the northerly right-of-way of said road; thence in an easterly direction
Page 3935
along the northerly right-of-way of said road to a point of intersection where said road runs in a northerly direction; thence in a generally northerly direction along the westerly right-of-way of Corder Road to a point 133.05 feet southerly of the intersection of a line running 350 feet westerly and parallel to the easterly line of Land Lot 147 of said district which intersects with said right-of-way; thence North 8 degrees 23 minutes 30 seconds East for 308.81 feet to a point; thence South 89 degrees 59 minutes West for 413.2 feet to a point; thence North 0 degrees 01 minute West for 450 feet to a point; thence North 89 degrees 59 minutes East for 430.16 feet to a point being 350 feet westerly of the easterly line of said Land Lot 147; thence in a northerly direction parallel and 350 feet westerly of the easterly lines of Land Lots 147, 148 and 149 of said district to the southerly right-of-way of Elberta Road; thence in a westerly direction along the southerly right-of-way of said road to a point where the southerly extension of the westerly right-of-way of Bateman Road intersects therewith; thence in a northerly direction along the westerly right-of-way of Bateman Road to a point 1411.29 feet southerly of the intersection of the westerly right-of-way of Bateman Road with the southerly right-of-way of Dunbar Road; thence South 89 degrees 41 minutes 30 seconds West for 1309.40 feet to a point; thence South 89 degrees 16 minutes 30 seconds West for 706.91 feet to a point; thence South 89 degrees 36 minutes 30 seconds West for 974.66 feet to a point; thence North 0 degrees 47 minutes 40 seconds East for 869.59 feet to a point; thence South 89 degrees 59 minutes East for 765 feet to a point; thence North 3 degrees 01 minute East for 555.65 feet to a point on the southerly right-of-way of Dunbar Road; thence in an easterly direction along the southerly right-of-way of Dunbar Road for 2286.35 feet to the intersection of the easterly right-of-way of Bateman Road and the southerly right-of-way of Dunbar Road; thence in a southerly direction along the easterly right-of-way of Bateman Road to a point 754.09 feet northerly of the northerly line of Land Lot 150 of said district; thence South 88 degrees 50 minutes East for 743.2 feet to a point; thence South 88 degrees 42 minutes 56 seconds East for 1479.1 feet to a point; thence South 0 degrees 24 minutes 30 seconds West to the northerly right-of-way
Page 3936
of Gawin Drive; thence in an easterly direction along the extension of the northerly right-of-way of Gawin Drive to the westerly line of property of the City of Warner Robins in Land Lot 163 of Fifth Land District; thence in a northerly direction along said property line to the northerly line of Land Lot 163; thence along the northerly line of said Land Lot 163 to the westerly right-of-way of North Houston Road; thence in a northerly direction along the westerly right-of way of said road to the southerly right-of-way of Dunbar Road; thence in an easterly direction along the southerly right-of-way of said Dunbar Road for 100 feet to a point; thence in a southerly direction along the easterly right-of-way of North Houston Road to the southerly line of Land Lot 176; thence in an easterly direction along the southerly line of said Land Lot 176 for 1470 feet to a point; thence North 0 degrees 53 minutes 30 seconds East for 430 feet to a point; thence South 89 degrees 49 minutes East for 387.3 feet to a point; thence North 25 degrees 37 minutes 30 seconds East for 355.95 feet to a point; thence North 64 degrees 22 minutes 30 seconds West for 210 feet to a point; thence North 25 degrees 37 minutes 30 seconds East for 702.3 feet to a point on the southerly right-of-way of Greenbriar Road; thence in a westerly direction along the southerly right-of-way of Greenbriar Road to a point; thence South 13 degrees 58 minutes 30 seconds West for 72.75 feet to a point; thence South 68 degrees 15 minutes West for 137.2 feet to a point; thence North 55 degrees 05 minutes West for 190.05 feet to a point; thence North 89 degrees 44 minutes West for 527.65 feet to a point; thence North 55 degrees 05 minutes West for 451.98 feet to a point; thence North 0 degrees 59 minutes East for 368.48 feet to a point; thence North 34 degrees 55 minutes East for 144.28 feet to a point on the southwesterly right-of-way of Greenbriar Road; thence North 55 degrees 05 minutes West along said right-of-way for 134.45 feet to a point; thence North 34 degrees 55 minutes East for 190 feet to a point; thence South 55 degrees 05 minutes East for 333.28 feet to a point; thence North 61 degrees 43 minutes East for 63.38 feet to a point; thence North 0 degrees 19 minutes 30 seconds East for 691.79 feet to a point; thence South 89 degrees 40 minutes 30 seconds East for 330 feet to a point; thence South 0 degrees 19 minutes
Page 3937
30 seconds West for 14.59 feet to a point; thence South 89 degrees 37 minutes East for 580 feet to a point; thence South 0 degrees 19 minutes 30 seconds West for 1442.35 feet to a point on the northerly right-of-way of Greenbriar Road; thence South 89 degrees 44 minutes East along the northerly right-of-way of Greenbriar Road to the northwesterly right-of-way of Elberta Road; thence in a generally northeasterly direction along the northwesterly right-of-way of said road to a point where the easterly line of Land Lot 187 intersects therewith; thence in a southerly direction along the easterly line of said Land Lot 187 and crossing Elberta Road to the southeast corner of said Land Lot 187; thence in an easterly direction along the northerly line of Land Lot 204 to the westerly right-of-way of North Davis Drive; thence continuing along an easterly extension of said line crossing said road to a point on the easterly side; thence in a southerly direction along the easterly right-of-way of said road to a point where the northerly right-of-way of Bargain Road intersects therewith; thence in an easterly direction along the northerly right-of-way of Bargain Road to a point where the easterly extension of said right-of-way intersects the westerly right-of-way of Georgia Highway No. 247, said point being 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 of the intention to apply to the January-February, 1973 Session of the General Assembly of Georgia, for the enactment of a bill to amend the Charter of the City of Warner Robins, Georgia, to extend the corporate limits of the City of Warner Robins, Georgia. This the 1st day of February, 1973. George Kushinka City Attorney, Warner Robins, Ga.
Page 3938
Georgia, Houston County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Theodore W. Waddle who, on oath, deposes and says that he is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston Home Journal which is the official organ of Houston County, Georgia, on the following dates: February 15, February 22 and March 1, 1973. /s/ Theodore W. Waddle Representative, 98th District Sworn to and subscribed before me, this 8th day of March, 1973. /s/ William Wisse Notary Public, Houston County, Georgia. My commission expires October 4, 1975. (Seal). Approved April 19, 1973. COMPENSATION TO NEWELL N. THOMBLEY AUTHORIZED. No. 56 (House Resolution No. 203-804). A Resolution. Compensating Mr. Newell N. Thombley; and for other purposes. Whereas, on June 29, 1972, Mr. Newell N. Thombley was driving his 1966 Ford pickup on Interstate 75 about 3.25 miles north of Cordele, Georgia; and
Page 3939
Whereas, a motor vehicle belonging to the Department of Transportation, and operated by one of its employees, ran into the rear of Mr. Thombley's truck; and Whereas, Mr. Thombley was suffered personal injury and property damage in the amount of $421.88; and Whereas, said accident occurred through no fault or negligence of Mr. Thombley, 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 Transportation is hereby authorized and directed to pay the sum of $421.88 to Mr. Newell N. Thombley 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 19, 1973. LAURENS COUNTYSHERIFF'S COMPENSATION CHANGED, ETC. No. 747 (House Bill No. 1209). An Act to amend an Act placing the sheriff of Laurens County upon an annual salary, approved February 12, 1960 (Ga. L. 1960, p. 2072), as amended, by an Act approved March 21, 1969 (Ga. L. 1969, p. 2257), so as to change the compensation of the sheriff; to provide for the purchase of automobiles; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Laurens County upon an annual salary, approved February 12, 1960 (Ga. L. 1960, p. 2072), as amended, by an Act approved March 21,
Page 3940
1969 (Ga. L. 1969, p. 2257), is hereby amended by striking from the first paragraph of section 3 the following: $12,500.00, and inserting in lieu thereof the following: $15,000.00, so that when so amended, the first paragraph of section 3 shall read as follows: The sheriff of the superior court shall be paid a salary of $15,000.00 per year in equal monthly installments. Salary. Section 2. Said Act is further amended by adding a new section 5A between sections 5 and 6 to read as follows: Section 5A. The governing authority of Laurens County, at its discretion, may purchase police-equipped automobiles for the sheriff's office without the necessity of obtaining competitive bids therefor, provided the purchase price for such automobiles does not exceed the price being paid for similar automobiles purchased by the State Department of Administrative Services. Automobiles. Section 3. The provisions of this Act shall become effective on the first day of the month following its approval by the Governor or it otherwise becomes law. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the 1973 regular session of the General Assembly of Georgia a bill or bills for the purpose of changing the compensation of the Sheriff of Laurens County, for the purpose of changing and prescribing certain procedures as to purchases of equipment
Page 3941
for the Sheriff's department, to provide an effective date and for other purposes. This 26th day of January, 1973. W. W. Larsen, Jr. Representative, 102nd District 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 102nd 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: January 27, February 3, 10, 1973. /s/ W. W. Larsen, Jr. Representative, 102nd District Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. COMPENSATION TO MRS. CARRIE K. MEEKS AUTHORIZED. No. 57 (House Resolution No. 156-610). A Resolution. Compensating Mrs. Carrie K. Meeks; and for other purposes. Whereas, on September 18, 1971, Mrs. Carrie K. Meeks was driving her 1970 Mercury automobile on Interstate 85 near Cheshire Bridge Road in Fulton County, Georgia; and
Page 3942
Whereas, a motor vehicle belonging to the Department of Offender Rehabilitation, and operated by one of its employees, was following too close and struck the rear of the automobile driven by Mrs. Meeks; and Whereas, Mrs. Meeks has suffered property damage to her automobile in the amount of $1,600.00; and Whereas, the accident occurred through no fault or negligence on the part of Mrs. Meeks, 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 Offender Rehabilitation is hereby authorized and directed to pay the sum of $100.00 to Mrs. Carrie K. Meeks 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 19, 1973. LAURENS COUNTYCOMPENSATION OF ORDINARY CHANGED, ETC. No. 748 (House Bill No. 1210). An Act to amend an Act placing the Ordinary of Laurens County on an annual salary in lieu of fees, approved March 30, 1971 (Ga. L. 1971, p. 2622), so as to change the compensation of the Ordinary; to change the provisions relative to the clerk of the Ordinary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Ordinary of Laurens County on an annual salary in lieu of fees, approved March 30,
Page 3943
1971 (Ga. L. 1971, p. 2622), is hereby amended by striking from section 1 the following: $10,500.00 and inserting in lieu thereof the following: $12,600.00 so that when so amended section 1 shall read as follows: 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 $12,600.00 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. Said Act is further amended by striking from section 3 the following: of $5,200.00 per annum, payable in equal monthly installments from the funds of Laurens County. and inserting in lieu thereof the following: to be determined from time to time by the Board of Commissioners of Laurens County, and payable in equal monthly installments from the funds of Laurens County. so that when so amended section 3 shall read as follows: 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
Page 3944
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 to be determined from time to time by the Board of Commissioners of Laurens County, and 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. 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 Legislation. Notice is hereby given that there will be introduced at the 1973 regular session of the General Assembly of Georgia a bill or bills for the purpose of changing the compensation of the Ordinary of Laurens County and Clerk of the Court of Ordinary, to provide an effective date and for other purposes. This 26th day of January, 1973. W. W. Larsen, Jr. Representative, 102nd District 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 102nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
Page 3945
Dublin Courier Herald which is the official organ of Laurens County, on the following dates: January 27, February 3, 10, 1973. /s/ W. W. Larsen, Jr. Representative, 102nd District Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. COMPENSATION TO MRS. HAZEL McCRAE AUTHORIZED. No. 58 (House Resolution No. 206-839). A Resolution. Compensating Mrs. Hazel McCrae; and for other purposes. Whereas, on Friday, February 12, 1971, Mr. Lennder McCrae was driving a 1966 GMC pickup truck west on Georgia Highway 38, approximately eight-tenths of a mile west of the city limits of Hinesville, Georgia; and Whereas, a 1964 Ford dump truck, belonging to the State Highway Department, now the State Department of Transportation, and operated by one of its employees, backed across the highway from a parked position on the north shoulder striking the McCrae vehicle in the right side, causing damage in the amount of $350.27; and
Page 3946
Whereas, said accident occurred through no fault or negligence on the part of Mr. Lennder McCrae or Mrs. Hazel McCrea, so it is only fitting and proper that Mrs. McCrae be reimbursed for her loss. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Transportation is hereby authorized and directed to pay the sum of $350.27 to Mrs. Hazel McCrae 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 19, 1973. LAURENS COUNTYCOMPENSATION OF TAX COMMISSIONER CHANGED. No. 749 (House Bill No. 1211). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Laurens County into the office of tax commissioner of Laurens County, approved February 12, 1952 (Ga. L. 1952, p. 2327), as amended, particularly by an Act approved March 21, 1969 (Ga. L. 1969, p. 2259), 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 Laurens County into the office of tax commissioner of Laurens County, approved February 12, 1952 (Ga. L. 1952, p. 2327), as amended, particularly by an Act approved March 21, 1969 (Ga. L. 1969, p. 2259) is hereby amended by striking from section 3 the following: $10,500.00,
Page 3947
and inserting in lieu thereof the following: $12,600.00, so that when so amended, section 3 shall read as follows: Section 3. The tax commissioner of Laurens County shall be compensated in the amount of $12,600.00 per annum, to be paid in equal monthly installments from the funds of Laurens County. This shall be his full and complete compensation and shall be in lieu of all commissions, fees or charges of any kind, whatsoever, heretofore or hereafter received by said tax commissioner. It is hereby specifically provided that he shall not be entitled to the amount provided in an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. All funds collected from any source under color of said office, except the salary provided herein, shall be county funds and shall be accounted for by the tax commissioner as such. 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 Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia a bill or bills for the purpose of changing the compensation of various elected officials of Laurens County, including the Tax Commissioner, the Treasurer, the Clerk of Courts, to provide an effective date and for other purposes. This 26th day of January, 1973. W. W. Larsen, Jr. Representative, 102nd District
Page 3948
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 102nd 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: January 27, February 3, 10, 1973. /s/ W. W. Larsen, Jr. Representative, 102nd District Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. COMPENSATION TO RICHARD R. PEEPLES AND MRS. RUTH H. PEEPLES AUTHORIZED. No. 60 (House Resolution No. 261-1012). A Resolution. Compensating Mr. Richard R. Peeples and Mrs. Ruth H. Peeples; and for other purposes. Whereas, on Monday, July 5, 1971, Mrs. Ruth H. Peeples was driving a 1968 Oldsmobile sedan owned by her husband, Mr. Richard R. Peeples, north on Bessie's Bridge Road, approximately 44 feet north of Norman Beddiford's
Page 3949
residence, and approximately eight-tenths of a mile south of the limits of Sylvania, Georgia; and Whereas, a 1970 Ford sedan owned by the Department of Public Safety, and operated by one of its employees, was traveling south on said road in response to a call; and Whereas, the vehicle belonging to the Department of Public Safety rounded a curve on said road, which is a narrow dirt road with some washouts; and Whereas, said vehicle belong to the Department of Public Safety was unable to stop upon seeing the Peeples' vehicle and struck it, causing property damage in the amount of $2,209.38 and personal injury to Mrs. Ruth H. Peeples in the amount of $1,535.02; and Whereas, said accident occurred through no fault or negligence on the part of Mrs. Ruth H. Peeples or Mr. Richard R. Peeples, so it is only fitting and proper that they be reimbursed for their loss. Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Public Safety is hereby authorized and directed to pay the sum of $635.02 to Mr. Richard R. Peeples and Mrs. Ruth H. Peeples 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 19, 1973. LAURENS COUNTYCOMPENSATION OF SUPERIOR COURT CLERK CHANGED. No. 750 (House Bill No. 1212). An Act to amend an Act placing the clerk of the Superior Court of Laurens County upon an annual salary, approved February 13, 1952 (Ga. L. 1952, p. 122), as amended,
Page 3950
particularly by an Act approved March 21, 1969 (Ga. L. 1969, p. 2255) so as to change the compensation of the clerk of the Superior Court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the Superior Court of Laurens County upon an annual salary, approved February 13, 1952 (Ga. L. 1952, p. 122), as amended, particularly by an Act approved March 21, 1969 (Ga. L. 1969, p. 2255) is hereby amended by striking from section 2 the following: $10,500.00, and inserting in lieu thereof the following: $12,600.00, so that when so amended, section 2 shall read as follows: Section 2. The clerk of the Superior Court of Laurens County, Georgia, and as ex officio clerk of the State Court of Laurens County, shall be paid an annual salary of $12,600.00. Said salary shall be paid in equal monthly installments out of the funds of Laurens 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 Legislation. Notice is hereby given that there will be introduced at the 1973 regular session of the General Assembly of Georgia a bill or bills for the purpose of changing the compensation of various elected officials of Laurens County, including the
Page 3951
Tax Commissioner, the Treasurer, the Clerk of Courts, to provide an effective date and for other purposes. This 26th day of January, 1973. W. W. Larsen, Jr. Representative, 102nd District 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 102nd 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: January 27, February 3, 10, 1973. /s/ W. W. Larsen, Jr. Representative, 102nd District Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. COMPENSATION TO MRS. HILDA C. LACHER AUTHORIZED. No. 61 (House Resolution No. 266-1013). A Resolution. Compensating Mrs. Hilda C. Lacher; and for other purposes. Whereas, on March 17, 1972, Mrs. Hilda C. Lacher was driving her 1967 Pontiac sedan on Rays Road in DeKalb County, Georgia; and
Page 3952
Whereas, as Mrs. Lacher slowed for a traffic signal at the intersection of Rays Road and Memorial Drive, a motor vehicle belonging to the Department of Transportation, and operated by one of its employees, struck the rear of Mrs. Lacher's automobile; and Whereas, Mrs. Lacher was required to expend $221.34 in order to repair the damage to the rear of her automobile; and Whereas, the accident occurred through no fault or negligence of Mrs. Lacher, 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 Department of Transportation is hereby authorized and directed to pay the sum of $221.34 to Mrs. Hilda C. Lacher 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 19, 1973. LAURENS COUNTYSTATE COURTCOMPENSATION OF JUDGE AND SOLICITOR CHANGED, ETC. No. 751 (House Bill No. 1213). An Act to amend an Act creating the State Court of Laurens County, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, particularly by an Act approved March 12, 1970 (Ga. L. 1970, p. 2473) so as to change the provisions relative to the compensation of the judge and solicitor; to provide for certain secretarial assistance and supplies and equipment; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 3953
Section 1. An Act creating the State Court of Laurens County, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, particularly by an Act approved March 12, 1970 (Ga. L. 1970, p. 2473) is hereby amended by striking from section 2A the following: $9,000.00 and $7,500.00, respectively, and inserting in lieu thereof the following: $10,800.00 and $9,000.00, respectively, so that when so amended section 2A shall read as follows: Section 2A. The Judge of the State Court of Laurens County shall receive an annual salary of $10,800.00 and the Solicitor of said Court shall receive an annual salary of $9,000.00. Said salaries shall be paid in equal monthly installments from the funds of Laurens County. Judge. Section 2. Said Act is further amended by adding a new section 2B between sections 2A and 3 to read as follows: Section 2B. (a) The governing authority of Laurens County shall furnish the supplies and equipment and the maintenance thereof as may be necessary for the offices of the Judge and Solicitor of the State Court of Laurens County. Supplies. (b) The Solicitor of said Court shall be authorized to employ a secretary or clerk who shall be compensated in an amount determined from time to time by the governing authority of Laurens County, but such compensation shall not be less than $450.00 per month. The compensation of said secretary or clerk shall be paid in equal monthly installments from the funds of Laurens County. It shall be within the sole discretion of the Solicitor of said Court to name the person who shall be employed as said secretary or clerk and to assign his duties and to remove or replace said secretary or clerk at will and within the sole discretion of the Solicitor of said 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.
Page 3954
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 1973 regular session of the General Assembly of Georgia a bill or bills for the purpose of changing the compensation of the Judge of the State Court of Laurens County, for the purpose of changing the compensation of the Solicitor of the State Court of Laurens County, for the purpose of providing for payment of certain expenses in connection with the business of the State Court of Laurens County, to provide an effective date and for other purposes. This 26th day of January, 1973. W. W. Larsen, Jr. Representative, 102nd District 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 102nd 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: January 27, February 3, 10, 1973. /s/ W. W. Larsen, Jr. Representative, 102nd District Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973.
Page 3955
PROCURING OF PLAQUE RELATIVE TO SUMTER COUNTY COURTHOUSE BELL AUTHORIZED. No. 62 (House Resolution No. 267-1017). A Resolution. Authorizing the Secretary of State to procure an appropriate plaque relative to the former Sumter County courthouse bell; and for other purposes. Whereas, Sumter County constructed a new courthouse approximately ten years ago; and Whereas, the bell from the former Sumter County courthouse was preserved, and the citizens of Sumter County now wish to display the bell on the courthouse grounds; and Whereas, it is only fitting and proper that an appropriate plaque be obtained describing the significance of this bell. Now, therefore, be it resolved by the General Assembly of Georgia that the Secretary of State is hereby authorized and directed to obtain an appropriate plaque proclaiming the significance of the bell from the former Sumter County courthouse. Be it further resolved that the Secretary of State shall display such plaque on the grounds of the Sumter County Courthouse in connection with the display of said bell. Be it further resolved that, for the purpose of obtaining said plaque, the Secretary of State is hereby authorized to expend not more than $100.00 from funds appropriated to the Secretary of State. Approved April 19, 1973.
Page 3956
LAURENS COUNTY COMPENSATION OF TREASURER CHANGED. No. 752 (House Bill No. 1214). An Act to amend an Act creating the office of treasurer of Laurens County, approved August 11, 1923 (Ga. L. 1923, p. 282), as amended, particularly by an Act approved March 21, 1969 (Ga. L. 1969, p. 2250) so as to change the compensation of the treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of treasurer of Laurens County, approved August 11, 1923 (Ga. L. 1923, p. 282), as amended, particularly by an Act approved March 21, 1969 (Ga. L. 1969, p. 2250) is hereby amended by striking from section 3 the following: $3,600.00, and inserting in lieu thereof the following: $4,320.00, so that when so amended, section 3 shall read as follows: Section 3. That the treasurer of said County of Laurens shall receive a salary of $4,320.00, to be paid in equal monthly installments from the funds of Laurens County; provided, however, that the premium on bond of said treasurer herein provided for shall be paid by the County of Laurens. That the treasurer of said county before entering upon his duties as such will execute a bond in some solvent surety company in the sum of twenty-five thousand dollars ($25,000.00) payable to the ordinary of said county and his successors in office for the use of Laurens County, and should it appear during his term of office that said bond is not sufficient to cover an amount that shall fully protect the funds of said county at all times, that the board of commissioners in
Page 3957
and for said county shall have a right to assess and increase said bond to such an amount as will fully protect the funds of said county at all times; and in the event said bond should be increased as hereinbefore provided and said treasurer should fail and refuse to make said bond, then the office of said treasurer shall be declared vacant and an election held as provided by the general laws for the election of a treasurer, that said bond so executed by the treasurer shall be approved by the ordinary of said county and filed in his office. 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 Legislation. Notice is hereby given that there will be introduced at the 1973 regular session of the General Assembly of Georgia a bill or bills for the purposes of changing the compensation of various elected officials of Laurens County, including the Tax Commissioner, the Treasurer, the Clerk of Courts, to provide an effective date and for other purposes. This 26th day of January, 1973. W. W. Larsen, Jr. Representative, 102nd District 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 102nd 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
Page 3958
County, on the following dates: January 27, February 3, 10, 1973. /s/ W. W. Larsen, Jr. Representative, 102nd District Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. GEORGE T. BAGBY STATE PARK NAMED. No. 65 (House Resolution No. 295-1152). A Resolution. Renaming the Pataula Creek State Park as the George T. Bagby State Park and for other purposes. Whereas, the Honorable George T. Bagby was born on October 26, 1920, in Dallas, Georgia, was graduated from Dallas High School, attended West Georgia College and was graduated with an LLB degree from John Marshall Law School; and Whereas, he served as Director of the Georgia Bureau of Investigation during 1947; and Whereas, he served with distinction, dedication and ability as a member of the House of Representatives, representing Paulding County, in 1947 and 1948, from 1955 through 1960 and from 1962 through 1966; and
Page 3959
Whereas, the Honorable George T. Bagby served as Sergeant at Arms of the Senate of the State of Georgia during 1961; and Whereas, he was appointed as Director of the State Game and Fish Commission on February 9, 1967, a position which he held with great dedication until his appointment as Director of the State Parks Department on January 13, 1971, a position in which he served until May 1, 1972, when he was appointed as Deputy Commissioner of the State Department of Natural Resources; and Whereas, he is widely known throughout the State of Georgia for the many significant contributions which he has made in providing the citizens of Georgia with outstanding recreational and sporting opportunities; and Whereas, the Honorable George T. Bagby served as a member of the U. S. Delegation to the Bahamas Fisheries Negotiations in 1969, was named Georgian of the Year in 1969 by the Georgia Association of Broadcasters, was elected Water Conservationalist of the Year in 1970 by the Georgia Sportsman's Federation, and was selected by a national outdoor magazine, Outdoor Life, as winner of the publication's 1970 Conservation Award; and Whereas, the State of Georgia is currently developing a new State park referred to as the Pataula Creek State Park and said park should be appropriately named. Now, therefore, be it resolved by the General Assembly of Georgia that the Pataula Creek State Park now under development is hereby named and designated as the George T. Bagby State Park. Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropriate copies of this Resolution to the Honorable George T. Bagby, Deputy Commissioner of the State Department of Natural Resources, and the Honorable Jimmy Carter, Governor of the State of Georgia. Approved April 19, 1973.
Page 3960
LINCOLN COUNTYCOMPENSATION OF ORDINARY CHANGED. No. 753 (House Bill No. 1217). An Act to amend an Act supplementing the fees paid to the Ordinary of Lincoln County, by adding thereto a salary, to be paid for such duties in the amount of $25.00 per month, approved February 25, 1949 (Ga. L. 1949, p. 1780), so as to change the monthly 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 supplementing the fees paid to the Ordinary of Lincoln County, by adding thereto a salary, to be paid for such duties in the amount of $25.00 per month, approved February 25, 1949 (Ga. L. 1949, p. 1780), is hereby amended by striking from section 1, the following: $25.00, and substituting in lieu thereof, the following: $100.00, so that when so amended, section 1 shall read as follows: Section 1. The Ordinary of Lincoln County shall be paid a salary of $100.00 per month to be paid out of the county treasury. Said salary shall be in addition to the fees prescribed by law for services rendered in connection with his office. 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 3961
Notice of Intention to Apply For the Passage Of Local Legislation. Notice is hereby given that application will be made to the January, 1973 session of the Georgia General Assembly for the passage of a bill to amend an Act approved February 25, 1949 (Ga. L. 1949, p. 1780) known as An Act to supplement the fees paid to the Ordinary of Lincoln County by adding thereto a salary to be paid for such duties in the amount of $25 per month, to repeal all laws and parts of laws in conflict therewith; and for other purposes, so as to increase the monthly salary of $25 per month by the sum of $75 per month so as to make a monthly salary in the amount of $100.00. This 10th day of February, 1973. Lincoln County Grand Jury, January Term, 1973. By: W. A. Hammond, Foreman William B. Morrison, Clerk. Lincoln County Board of Commissioners By: Curry Colvin, Chairman Talmadge B. Reed, Member Edward S. Turner, Member. Alex E. Ferguson, Ordinary, Lincoln County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross who,
Page 3962
on oath, deposes and says that he is Representative from the 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 22, March 1, 8, 1973. /s/ Ben Barron Ross Representative, 72nd District Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. LINCOLN COUNTYCOMPENSATION OF TREASURER CHANGED. No. 754 (House Bill No. 1218). An Act to amend an Act providing compensation for the Treasurer of Lincoln County, approved August 19, 1916 (Ga. L. 1916, p. 461), as amended by an Act approved March 1, 1937 (Ga. L. 1937, p. 1363), an Act approved March 12, 1941 (Ga. L. 1941, p. 920), an Act approved March 26, 1947 (Ga. L. 1947, p. 735), an Act approved March 17, 1960 (Ga. L. 1960, p. 2940), an Act approved March 6, 1962 (Ga. L. 1962, p. 3036), and an Act approved April 23, 1969 (Ga. L. 1969, p. 3352), so as to change the compensation of said treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:
Page 3963
Section 1. An Act providing compensation for the Treasurer of Lincoln County, approved August 19, 1916 (Ga. L. 1916, p. 461), as amended by an Act approved March 1, 1937 (Ga. L. 1937, p. 1363), an Act approved March 12, 1941 (Ga. L. 1941, p. 920), an Act approved March 26, 1947 (Ga. L. 1947, p. 735), an Act approved March 17, 1960 (Ga. L. 1960, p. 2940), an Act approved March 6, 1962 (Ga. L. 1962, p. 3036), and an Act approved April 23, 1969 (Ga. L. 1969, p. 3352), is hereby amended by striking from section 1, the following: $1,200.00, and by substituting in lieu thereof, the following: $2,400.00, so that when so amended, section 1 shall read as follows: Section 1. The Treasurer of Lincoln County shall receive the annual sum of $2,400.00, payable in equal monthly installments from funds of Lincoln County, as his sole compensation. 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 Apply For the Passage Of Local Legislation. Notice is hereby given that application will be made at the January, 1973 session of the General Assembly of Georgia for the passage of a bill to amend an Act approved August 19, 1916 (Ga. L. 1916, p. 461), as amended by an Act approved March 26, 1947 (Ga. L. 1947, p. 735), as amended by an Act approved March 17, 1960 (Ga. L. 1960, p. 2940), as amended by an Act approved March 6, 1962 (Ga. L. 1962,
Page 3964
p. 3036), and as amended by an Act approved April 23, 1969 (Ga. L. 1969, p. 3352), as the same relates to the compensation of the Treasurer of Lincoln County, Georgia, so as to increase the annual compensation of $1200.00 payable in equal monthly installments to the sum of $2400.00, payable in equal monthly installments from funds of Lincoln County, Georgia, as the sole compensation of the Treasurer. This 10th day of February, 1973. Lincoln County Grand Jury, January Term, 1973. By: W. A. Hammond, Foreman William B. Morrison, Clerk. Lincoln County Board of Commissioners By: Curry Colvin, Chairman Talmadge B. Reed, Member Edward S. Turner, Member Sara M. Perryman, Treasurer, Lincoln County. 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 72nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the
Page 3965
Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 22, March 1, 8, 1973. /s/ Ben Barron Ross Representative, 72nd District Sworn to and subscribed before me, this 9th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973. WARE COUNTYCOMPENSATION OF SUPERIOR COURT CLERK CHANGED. No. 755 (House Bill No. 1234). An Act to amend an Act placing certain of the county officers of Ware County upon an annual salary, approved March 16, 1961 (Ga. L. 1961, p. 2465), as amended, so as to provide for a change in 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 certain of the county officers of Ware County upon an annual salary, approved March 16, 1961 (Ga. L. 1961, p. 2465), as amended, is hereby amended by striking in its entirety section 3 and substituting in lieu thereof a new section 3 to read as follows: Section 3. The clerk of the superior court of Ware County shall receive an annual salary of not less than $10,500
Page 3966
and not more than $12,500, the exact amount to be fixed by the governing authority of Ware 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 the regular 1973 session of the Georgia General Assembly, a bill to amend an Act placing certain officials of Ware County on a salary system in lieu of a fee system, approved March 16, 1961 (Ga. L. 1961, p. 2465), as amended, so as to change the compensation of the Clerk of Superior Court of Ware County; and for other purposes. This 16th day of February, 1973. Ottis Sweat, Jr. Representative, 125th District Harry D. Dixon Representative, 126th District Frank Eldridge, Jr. Senator, 7th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ottis Sweat, Jr. who, on oath, deposes and says that he is Representative from the 125th 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
Page 3967
County, on the following dates: February 17, 24, March 3, 1973. /s/ Ottis Sweat, Jr. Representative, 125th District Sworn to and subscribed before me, this 12th day of March, 1973. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 19, 1973.
Page 3969
ACTIONS OF COUNTY GOVERNING AUTHORITIES PURSUANT TO CONSTITUTIONAL AMENDMENT PROVIDING HOME RULE FOR COUNTIES
Page 3970
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 permit the Pension Board to invest in corporate bonds and debentures rated AA or better according to Moody's or Standard and Poor's rating at the time of investment, and
Page 3971
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, 1965 Ga. L. 3095, and by subsequent resolutions of this Board 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: Section 1. That 1962 Ga. L. 3088, as amended by 1964 Ga. L. 2550 and 1965 Ga. L. 3095 and by subsequent resolutions of this Board be and the same is hereby amended as follows: (1) By striking all of section 19 of said act and substituting in lieu thereof the following: 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 governments; of the State of Georgia; of DeKalb County; or any other county or municipality of the State of Georgia; or insured savings in savings and loan associations and State and National Banks; corporate bonds and debentures rated AA or better according to Moody's or Standard and Poor's rating at the time of the investment; 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's Index current at the time of the investment, provided cash dividends on such common stocks 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 fifteen per cent (15%) of the issued and outstanding shares of any one corporation; in first loans on real estate that are guaranteed or insured by the Administrator
Page 3972
of Veterans Affairs or of the Federal Housing Authority of the United States, provided, however, that these loans are handled and serviced by an investment firm engaged in that business and at service rate not to exceed the usual charge made by said firm for other like investors, provided further that the Pension Board shall not have invested in such loans at any one time more than twenty-five percentum (25%) of the entire Pension Fund; and in any other investment recommended by the expert agents and assistants hereinafter provided for. This act as amended shall become effective on February 1, 1972. That this resolution has been presented to the full Board of Commissioners of DeKalb County at its regular meetings on January 11, and 25, 1972, 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 final adoption on January 25, 1972, 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 structures 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
Page 3973
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 25th day of January, 1972. /s/ Clark Harrison Chairman, Board of Commissioners of DeKalb County, Georgia Attest: /s/ Cal M. Sandman Clerk I, the undersigned, Cal M. Sandman, Clerk of the Board of Commissioners of Roads and Revenues, DeKalb County, Georgia, do hereby certify that the foregoing is a true and correct Copy of a Resolution adopted by said Board in meeting lawfully assembled on 25th day of January, 1972. And same appears in Minutes of said Board this 1st day of February, 1972. /s/ Cal M. Sandman Clerk, Board of Commissioners of Roads Revenues DeKalb County, Ga. 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 resolution is a true and correct copy of the resolution
Page 3974
adopted by the Commissioners of DeKalb County, Georgia, at two regular consecutive meetings to wit: January 11, 25, 1972. This February 1st, 1972. /s/ Cal M. Sandman Public Notice. Pursuant to a resolution of the Board of Commissioners of DeKalb County, Georgia adopted at a regular meeting held on November 23, 1971, the public is hereby notified that the Chairman of the Board of Commissioners will present to the full board at its regular meetings on January 11 and January 25, 1972, a resolution to amend the act creating the Pension Board of DeKalb County known as 1962 Ga. L. 3088, as amended, to provide for enlarging the investment authority of the Pension Board. The public is hereby further notified that in order to carry out the provisions of the November 23 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 the investment of funds of the Pension Board in corporate bonds and debentures rated AA or better according to Moody's or Standard and Poor's rating at the time of the investment in addition to the other acceptable investments already set out in section 19 of the Act creating the DeKalb County Pension Board.
Page 3975
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 Dec. 9, 1971. 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, Public Notice of a resolution to amend the act was duly published creating the Pension Board of DeKalb County once a week for 3 weeks as required by law, the dates of publication being December 23, and December 30, 1971 and January 6, 1972. /s/ Britt Fayssoux Sworn to and subscribed before me, this 6 day of January, 1972. /s/ Carol E. Wheeler Notary Public, Georgia State at Large, My Commission Expires February 11, 1975. (Seal). Filed in office of Secretary of State February 4, 1973.
Page 3977
CHARTER AMENDMENTS ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED
Page 3978
CITY OF GRIFFINCHARTER REORGANIZED INTO TITLES. No. 68-17 An Ordinance. To reorganize the Charter of the City of Griffin, Georgia into titles, which titles shall be as follows: Title I, Generally; Title II, Commissioners and Commission; Title III, Elections; Title IV, Appointive Offices and Employees; Title V, Powers Generally; Title VI, Taxation; Title VII, Utilities; Title VIII, Health and Sanitation; Title IX, Streets, Sidewalks and Public Improvements; Title X, Cemetery Trust Fund; Title XI, Criminal Court; Title XII, Transition; to arrange and number each section of the Charter according to its new position in one of the foregoing titles; to add a new section to the Charter to be numbered section 1.2, to provide that the corporate limits of the City of Griffin shall include in addition to the corporate limits set forth all other areas which may from time to time have been lawfully annexed to the City and to exclude such areas as may from time to time have been lawfully excluded or disannexed from the City; to strike from old section 63 of the Charter, which shall be numbered section 3.11, the words section 1065 and to insert in lieu thereof Ga. Code section 27-2506.; to provide that Title IV of the revised Charter shall contain three chapters entitled as follows: Chapter 1, Generally; Chapter 2, City Manager; Chapter 3, Retirement System; to provide that in old section 50 of the Charter, which shall be numbered section 4.10, the term City Sexton shall be deleted therefrom wherever the same appears and the term Cemetery Superintendent inserted in lieu thereof; to add a new clause at the end of the first paragraph of old section 92 (2), which shall be numbered section 4.17, the following: Except that an employee reaching the mandatory retirement age as hereinafter defined, may retire from active service after a service in the employ of the City of as much as ten (10) years.; to provide
Page 3979
that old section 92 (12) to be numbered new section 4.27 shall read as follows: The Board of Trustees is authorized to invest the funds in their hands in bonds of the United States, of the State of Georgia or of counties or municipalities of this State, or in certificates of deposit or savings accounts in federal savings and loan associations or commercial banks; provided no funds shall be invested in federal savings and loan associations or commercial banks in excess of the amount by which each such investment in insured by an agency of the United States government unless such depository shall secure the full amount of each such investment to the Board of Trustees.; to provide that sub-section 20 of old section 22 of the Charter, which shall be numbered sub-section 20 of section 5.3, shall be amended by inserting between the words sale and any the word of; to amend old section 23 of the Charter, which shall be numbered section 5.6, by deleting reference therein to the City chaingang and by inserting in lieu thereof the words prisoner work detail.; to delete from old section 24 of the Charter, which shall be numbered section 6.1, the third paragraph thereof which establishes the limit on school taxes; to provide that Title VII of the revised Charter shall contain two chapters which shall be entitled as follows: Chapter 1, Generally; and Chapter 2, Water, Light and Sewerage Department Reserve Fund; to delete from old section 76 of the Charter, which shall be section 9.3, the word chaingang wherever the word appears, and to substitute in lieu thereof the words prisoner work detail.; to delete old section 77 of the Charter, which shall be section 9.4, in its entirety and to substitute in lieu thereof a new section 9.4 as follows: Superintendent of Prisoner Work Detail. The City Manager shall have the authority to appoint a Superintendent of the Prisoner Work Detail and to suspend or discharge such officer at pleasure, with or without cause. The Superintendent of the Prisoner Work Detail shall have the power and authority of a policeman.; to repeal old sections 78 through 88 of the Charter which relate to the City School system in their entirety; to provide for severability; to repeal conflicting laws,
Page 3980
charter and ordinance provisions; and for other purposes. Be it enacted by the Board of Commissioners of the City of Griffin, as follows: Section 1. The Charter of the City of Griffin, Georgia, is hereby amended to reorganize said Charter into titles, which titles shall be as follows: Title I, Generally; Title II, Commissioners and Commission; Title III, Elections; Title IV, Appointive Officers and Employees; Title V, Powers Generally; Title VI, Taxation; Title VII, Utilities; Title VIII, Health and Sanitation; Title IX, Streets, Sidewalks and Public Improvements; Title X, Cemetery Trust Fund; Title XI, Criminal Court; Title XII, Transition. Section 2. That Title I of said Charter shall consist of the following sections: Section 1.1, which shall contain the provisions of Ga. L. 1921, Act No. 19, p. 959, section 1. Section 1.2, which shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 2. Said Section shall also contain the provisions of Ga. L. 1924, Act No. 411, p. 591, section 1, except that portion of said section 1 down to the words, Sixty-one acres of land more or less: shall be deleted, and the word, ALSO inserted in lieu thereof. Said section 1.2 of the Revised Charter shall also contain the provisions of Ga. L. 1929, Act No. 131, p. 1097, section 1, except that portion of said section 1 down to the language reading, a tract of land on West Poplar and Fifteenth Street shall be deleted, and the word ALSO inserted in lieu thereof. Said section 1.2 of the Revised Charter shall also contain the provisions of Ga. L. 1929, Act No. 18, p. 1098, section 1, except that the portion of said section 1 down to the words, all of lot number 174 in the second district shall be deleted, and the word, ALSO inserted therefor. Said section 1.2 of the Revised Charter shall also contain the provisions of Ga. L. 1957, Act No. 289, p. 2809, section 1,
Page 3981
except that the first paragraph down to the language all of that tract or parcel of land... shall be deleted and the word, ALSO, inserted in lieu thereof. Said section 1.2 of the Revised Charter shall also contain the provisions of Ga. L. 1956, Act No. 162, p. 2550, section 1, except that the first paragraph of said section 1, down to the words, Parcel 1 shall be deleted, and the word, ALSO inserted in lieu thereof. Said section 1.2 of the Revised Charter shall also contain the provisions of Ga. L. 1957, Act No. 167, p. 2351, section 1, except that the first paragraph of said section 1, down to the words, Parcel 1 shall be deleted and the word, ALSO inserted in lieu thereof. Said section 1.2 of the Revised Charter shall also contain the provisions of Ga. L. 1958, Act No. 2677, section 1, except that the first paragraph of said section 1, down to the words, Parcel 1 shall be deleted and the word, ALSO inserted in lieu thereof. Said section 1.2 of the Revised Charter shall also contain the provisions of Ga. L. 1959, Act No. 154, p. 2444, section 1, except that the first paragraph of said section 1, down to the words, TRACT I shall be deleted, and the word, ALSO inserted in lieu thereof. Said section 1.2 of the Revised Charter shall also contain the provisions of Ga. L. 1960, Act No. 614, p. 2396, section 1, except that the first paragraph of said section, down to the words, all that lot, tract or parcel of land lying, being and situate in land lots 158, 159 and 162 shall be deleted and the word, ALSO inserted in lieu thereof. Said section 1.2 of the Revised Charter shall further contain the provisions of Ga. L. 1961, Act No. 87, p. 2285, section 1, except that protion of said section 1 preceding the words, all that lot, tract or parcel of land lying, being and situate in land lots 158 and 159 shall be deleted and the word, ALSO inserted in lieu thereof.
Page 3982
Said section 1.2 shall also contain the provisions of Ga. L. 1962, Act No. 636, p. 2293, section 1, except that the first paragraph of said section 1, down to the words, all that lot, tract or parcel of land situate, lying and being in land lots 78, 79, 82 and 83 shall be deleted and the word, ALSO inserted in lieu thereof. Said section 1.2 of the Revised Charter shall also contain the provisions of Ga. L. 1964, Act No. 691, p. 2418, section 1, except that the first paragraph of said section, down to the words, all that lot, tract or parcel of land lying, being and situate in land lots 99, 100, and 126 shall be deleted and the word, ALSO inserted in lieu thereof. Said section 1.2 of the Revised Charter shall also contain the provisions of Ga. L. 1965, Act No. 406, p. 3101, section 1, except that the first paragraph of said section 1, down to the words, All that lot, tract or parcel of land lying, being and situate in Spalding County shall be deleted and the word, ALSO inserted in lieu thereof. Said section 1.2 of the Revised Charter shall also contain the following provision, which is hereby enacted: ALSO Such other and additional areas as may be or have been from time to time lawfully annexed to the City and excluding such areas which may be or have been from time to time lawfully excluded or disannexed from the City. Section 1.3 of the Revised Charter shall contain the provisions of Ga. L. 1943, Act No. 286, p. 143, sections 1 and 2. Section 3. Title II of the Revised Charter shall contain the following sections: Section 2.1 shall consist of the provisions of Ga. L. 1921, Act. No. 19, p. 959, section 3. Section 2.2 shall contain the provisions of Ga. L. 1921, Act No. 19, p. 959, section 5, as amended by Ga. L. 1961, Act. No. 97, p. 2299, section 1.
Page 3983
Section 2.3 of the Revised Charter shall contain the provisions of Ga. L. 1921, Act No. 19, p. 959, section 6, as amended by the following: Ga. L. 1937, Act No. 219, p. 1910; and Ga. L. 1961, Act No. 97, p. 2299, section 1. Section 2.4 of the Revised Charter shall contain the provisions of Ga. L. 1921, Act No. 19, p. 959, section 7, as amended by Ga. L. 1937, Act No. 219, p. 1910; and Ga. L. 1961, Act No. 97, p. 2299, section 1. Section 2.5 of the Revised Charter shall consist of Ga. L. 1921, Act No. 19, p. 959, section 8. Section 2.6 of the Revised Charter shall consist of Ga. L. 1921, Act No. 19, p. 959, section 9. Section 2.7 of the Revised Charter shall consist of Ga. L. 1921, Act No. 19, p. 959, section 19. Section 2.8 of the Revised Charter shall consist of Ga. L. 1921, Act No. 19, p. 959, section 17. Section 2.9 of the Revised Charter shall consist of Ga. L. 1921, Act No. 19, p. 959, section 35. Section 2.10 of the Revised Charter shall consist of Ga. L. 1921, Act No. 19, p. 959, section 10, as amended by the following: Ga. L. 1937, Act No. 219, p. 1910; and Ga. L. 1959, Act. No. 179, p. 2551, section 1. Section 2.11 of the Revised Charter shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 14. Section 2.12 of the Revised Charter shall consist of Ga. L. 1921, Act. No. 19, p. 959, section 15. Section 2.13 of the Revised Charter shall consist of Ga. L. 1921, Act No. 19, p. 959, section 16.
Page 3984
Section 2.14 of the Revised Charter shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 11. Section 2.15 of the Revised Charter shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 13. Section 2.16 of the Revised Charter shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 12, as amended by the following: Ga. L. 1951, Act No. 226, p. 2683, section 1; Ga. L. 1955, Act No. 262, p. 2851, section 1; and Ga. L. 1966, Act No. 552, p. 3418, section 1. Section 2.17 of the Revised Charter shall consist of Ga. L. 1921, Act No. 19, p. 959, section 18. Section 2.18 of the Revised Charter shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 20. Section 2.19 of the Revised Charter shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 36. Section 4. Title III of the Revised Charter shall be composed of the following sections: Section 3.1 shall consist of Ga. L. 1921, Act No. 19, p. 959, section 52, as amended by Ga. L. 1925, Act No. 135, p. 1078. Section 3.2 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 54, as amended by Ga. L. 1925, Act No. 135, p. 1078. Section 3.3 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 55. Section 3.4 shall consist of Ga. L. 1921, Act No. 19, p. 959, section 53. Section 3.5 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 56. Section 3.6 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 58.
Page 3985
Section 3.7 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 59, as amended by Ga. L. 1961, Act No. 97, p. 2299, section 1; Ga. L. 1964, Act No. 662, p. 2366, section 1; and Ga. L. 1965, Act No. 396, p. 3079, section 1. Section 3.8 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 57. Section 3.9 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 60. Section 3.10 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 61. Section 3.11 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 63, which is hereby amended by striking from the fourth from last line thereof the words, section 1065 and inserting in lieu thereof, Georgia Code section 27-2506. Section 5. That Title IV of said Revised Charter shall contain three chapters, entitled as follows: Chapter 1, Generally; Chapter 2, City Manager; Chapter 3, Retirement System. That Chapter 1 of said title shall consist of the following sections: Section 4.1 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 37. Section 4.2 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 42, as amended by Ga. L. 1945, Act No. 144, p. 763, section 2; and Ga. L. 1957, Act No. 470, p. 3259, section 1. Section 4.3 shall consist of Ga. L. 1921, Act No. 19, p. 959, section 43, as amended by Ga. L. 1945, Act No. 144, p. 763, section 3.
Page 3986
Section 4.4 shall consist of Ga. L. 1921, Act No. 19, p. 959, section 44, as amended by Ga. L. 1945, Act No. 144, p. 763, section 4. Section 4.5 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 45, as amended by Ga. L. 1929, Act No. 18, p. 1098, section 3 and Ga. L. 1945, Act No. 144, p. 763, section 5. Section 4.6 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 46, as amended by Ga. L. 1929, Act No. 18, p. 1098, section 4 and Ga. L. 1945, Act No. 144, p. 763, section 6. Section 4.7 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 47. Section 4.8 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 48. Section 4.9 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 51, as amended by Ga. L. 1929, Act No. 131, p. 1097, section 2, and Ga. L. 1945, Act No. 144, p. 763, section 9. Section 4.10 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 50, as amended by Ga. L. 1945, Act No. 144, p. 763, section 8. Said section is further amended to delete reference to the, city sexton therein, and insert in lieu thereof reference to the, cemetery superintendent. Chapter 2 of said Title IV shall contain the following sections: Section 4.11 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 38. Section 4.12 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 39. Section 4.13 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 40.
Page 3987
Section 4.14 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 41. Chapter 3 of said Title IV shall contain the provisions pertaining to the city retirement system originally enacted by Ga. L. 1941, Act No. 388, p. 1474, and subsequently amended, and as further amended herein; said chapter, as amended and enacted by this Revision, shall read as follows: Sec. 4.15. Plan and purpose. The plan and purpose of this chapter is to provide and furnish aid, relief, and pensions to aged and disabled employees in the City of Griffin; and the taxation herein provided is a part of the general purpose of this chapter to accomplish this end. Sec. 4.16. Fund established. The board of commissioners of the City of Griffin shall raise and establish a fund for the aid, relief and assistance of the employees of the City of Griffin who are now or may hereafter be in the regular employment of said city. Sec. 4.17. Qualifications for retirement; when retirement required. Any employee, complying with the terms of this chapter and the ordinance passed in pursuance thereof, who was in the regular employ of said city at the time of the passage of this chapter (March 27, 1941), and all employees hereafter regularly employed by said city, may retire from active service after a service in the employ of said city of twentyfive (25) years and having reached the age of fifty-five (55) years, except that an employee reaching the mandatory retirement age as hereinafter defined may retire from active service after a service in the employ of the City of as much as ten (10) years. Every employee shall retire not later than the date on which he attains sixty-five (65) years of age, and every policeman and fireman, except those assigned to clerical
Page 3988
duties, and members of electric line crews shall retire not later than the date on which he attains sixty-two (62) years of age; provided, no policeman or fireman shall be reassigned to clerical duties so as to extend the date of his mandatory retirement. Sec. 4.18. Retirement benefit. When an employee shall be retired as provided in section 4.17 of this chapter as amended above, he shall be paid monthly from said fund an amount equal to the product of five dollars ($5.00) and the number of years (including fractions of a year to the nearest month) of active service in the employ of the city at the time of such retirement. Sec. 4.19. Disability benefits. Should an employee of the city become totally and permanently disabled and be incapacitated of self-support after five (5) years of service with the city, he shall be paid monthly from the fund, for the remainder of his life or until revoked by the trustees as provided in section 4.29, an amount calculated as in section 4.18 above, and without regard to additional limitations imposed by section 4.17. Sec. 4.20. Optional forms of retirement. The normal form of retirement benefit provided in sections 4.17 and 4.18 above will be a five (5) year certain and life benefit. In lieu of the normal form of benefit an employee may, by proper application to the board of trustees, elect to receive a retirement benefit according to one of the following Options: Option 1. Joint and survivor option. A decreased retirement benefit which shall be payable to the participant for life and shall continue after his death to the surviving joint annuitant in the same manner or in such smaller amount as the participant may designate. The election of this option shall be null and void if either the participant or his joint annuitant die before benefits commence.
Page 3989
Option 2. Period certain and life option. A decreased retirement benefit commencing on the date of retirement and payable on the first day of each month during the life-of time of the participant; provided, however, that should the participant die prior to having received an elected number of guaranteed monthly retirement payments (i.e., 120, 180, etc.), such remaining guaranteed payments shall continue to the participant's designated beneficiary. Option 3. Social security option. An increased retirement benefit payable to the participant during his lifetime until his retirement benefits commence under the Federal Social Security Act and a reduced retirement benefit payable thereafter for life in order to have a more level retirement income when such reduced retirement benefit is added to his primary benefits under the Federal Social Security Act. The exact amount of benefit shall be based upon estimated primary benefits under the Federal Social Security Act determined as of his early retirement date. The amount of any optional retirement benefit set forth above shall have the same actuarial value as the amount of benefit that would otherwise be payable to the participant under sections 4.17 or 4.18 according to mortality and interest tables adopted by the board of trustees. The election of an optional form of benefit payment will in no way affect the discontinuance of payments in accordance with Section 4.29. Sec. 4.21. Effect of discontinuance of employment, death, reemployment. Should any employee leave the employ of said city for any cause, he shall be paid out of the said pension fund all assessments paid in by him. In case of death of an employee, the full amount of all assessments paid in by him to said fund, shall be paid to his dependents, if any, otherwise, to such persons as the employee may have designated.
Page 3990
Where an employee has had former employment with the City of Griffin since the Retirement Pension Act went into effect on March 27, 1941, and has withdrawn his pension payments from the pension fund as above provided in this section, he shall be required to repay to the pension fund the amount so withdrawn, before he can receive credit for those former years in his current employment; and if said repayment is not made within ninety (90) days after reemployment, the employee shall be treated as having entered the employ of the city on the date of his last reemployment. Sec. 4.22. Assessments on wages, salaries. The wage or salary of each employee of said city regularly employed on March 27, 1941, and continuously employed since said date, is hereby assessed according to the length of continuous service of said employee with said city as follows: Up to ten (10) years service, two and one-half percent (2%) of his average monthly wage or salary: Ten (10) to twenty (20) years service, three and one-half percent (3%) of his average monthly wage or salary: Over twenty (20) years service, five percent (5%) of his average monthly wage or salary. The wages or salary of each employee employed by said city after the date March 27, 1941, and the wages or salary of each former employee reemployed by said city after March 27, 1941, is hereby assessed according to the age of the employee at the time he is employed or reemployed by said city as follows: Twenty (20) to thirty (30) years of age, two and onehalf percent (2%) of his monthly wage or salary: Thirty (30) to forty (40) years of age, three and one-half percent (3%) of his monthly wage or salary:
Page 3991
Over forty (40) years of age, five percent (5%) of his monthly wage or salary. An employee receiving a salary or wage of more than two hundred dollars ($200.00) per month shall be assessed on two hundred dollars ($200.00) only. All assessments shall be deducted from the wage or salary of the employee by the City Manager, and paid into said funds. The assessments may be prorated according to how said salary or wage is paidwhether monthly, tri-weekly, or weekly. Nothing in this chapter shall affect the wage or status of the employee under existing laws, except his assessment for dues as herein provided. Employee shall include only those regularly employed by the city who devote their entire working time to said city. In computing the salary or wage of any employee, no perquisite or allowance for use of car or house rent shall be included. If an employee becomes eligible for retirement except that he has not made all of the contributions required by the terms of this chapter, such employee may nevertheless retire but shall be required to refund such deficient contributions together with compound interest to the fund in equal monthly installments over a period of sixty (60) months following his retirement, but any member whose retirement benefits terminate before the expiration of sixty (60) months from his retirement by reason of having chosen an optional retirement benefit not including at least five (5) years certain and by reason of his death and the death of the surviving Joint Annuitant, if any, shall not be required to refund the remainder of such deficient contributions remaining upaid at the time all rights to further benefits from the fund have ceased.
Page 3992
Sec. 4.23. Tax on insurance premiums. A tax of one per centum (1%) is hereby imposed on all insurance premiums collected by the companies or agents of companies of fire, life, accident, surety, industrial, health, plate glass, livestock, and other insurance companies for whom such agents do business, said one per centum (1%) tax shall be on the gross premiums collected upon policies of insurance issued upon persons, property, indemnity or business which are located or domiciled in the corporate limits of the City of Griffin. Said tax shall be due and payable on the first day of April of each calendar year for the premiums collected the preceding years. It is hereby made the duty of each insurance company, firm, person or association, writing such insurance on property in Griffin, to make a full report to the city manager of all such premiums collected, on or before the first day of April of each year, on blanks furnished by the city manager on request, and to pay the tax thereon. A failure to receive said blanks shall in no wise relieve the company from making such report. A failure to make such report and pay the said tax shall be a crime and punished as provided for violations of the Code of the City of Griffin, and in addition thereto, shall subject the offending company to double taxation, which shall be collected by execution as other city taxes. All taxes under this section shall be collected as other city taxes are collected, and turned over to the treasurer of the board of trustees to be used in carrying out the purposes of this chapter. Sec. 4.24. Contributions by city. The board of commissioners of the City of Griffin shall appropriate to said fund annually a sum of not less than fifty percent (50%) of the amount paid into said fund by the assessments collected from the employees, or such amount as is necessary to carry out the provisions of this chapter, said amount to be appropriated and paid out of the
Page 3993
general funds of said City or in the discretion of the board of commissioners raised by an additional ad valorem tax levied and collected for that purpose as other taxes are levied and collected. Sec. 4.25. Funds not subject to transfer or legal process. None of the funds herein mentioned, either in the hands of the board, the member, or his beneficiaries, shall be subject to attachment, garnishment, or judgment, and no such fund or any interest therein, shall be transferable or assignable. Sec. 4.26. Existing rights not affected. This chapter shall not affect any rights the member or his beneficiary may have under any existing laws. Sec. 4.27. Investment of funds. The Board of Trustees is authorized to invest the funds in their hands in bonds of the United States, of the State of Georgia or of counties or municipalities of this State, or in certificates of deposit or savings accounts in federal savings and loan associations or commercial banks; provided no funds shall be invested in federal savings and loan associations or commercial banks in excess of the amount by which each such investment is insured by an agency of the United States government unless such depository shall secure the full amount of each such investment to the Board of Trustees. Sec. 4.28. Establishment, duties, membership of board of trustees. There is hereby established, to serve without pay, a board of trustees of the Griffin Employees Aid Fund, whose duties it shall be to carry this chapter into effect, to collect, disburse, manage and control said fund, and to adopt and enforce all necessary rules and regulations therefor. The said
Page 3994
board shall consist of the chairman of the board of commissioners of the City of Griffin, the city manager of the City of Griffin, the city attorney of the City of Griffin, and two (2) employees of the City of Griffin, who have been employed by said city five (5) or more years. The said latter two (2) members to be elected by a vote of the employees of the said city at an election to be held at the city hall, under the direction and supervision of the city manager. The first election to be held on the first Monday in the month immediately following the approval of Ga. L. 1941, Act No. 388, Page 1474, and thereafter on the first Monday in March of each year. The employee getting the largest number of votes shall be a member of said board for a term of two (2) years, and the employee getting the second highest number of votes shall be a member of said board for one year. Thereafter, one member shall be elected each year to serve for a term of two (2) years, and until his successor is elected and qualified. The other members of said board shall hold co-extensive with their terms of office. The board shall elect a chairman and secretary. The city manager shall act as treasurer of said board and shall secure and keep all funds and pay the same out under the direction of the trustees upon vouchers by the chairman and the secretary. He shall give security for faithful discharge of his duties. The board of trustees shall meet at such time and place as the board may fix. A majority of said board shall constitute a quorum and a majority vote of the entire board of trustees shall control on all questions. Sec. 4.29. Powers of board of trustees. The board of trustees shall have the sole authority to pass upon the retirement of all employees for age and length of service and for disabilities, either upon the application of the employee or on their own motion, except as herein otherwise provided, and the decision of said board shall be final unless an appeal is taken therefrom by either the employee or the board of trustees to the Superior Court of Spalding County. The board of trustees shall have the power and authority to order a rehearing at any time after an employee of the city has been adjudged totally and permanently
Page 3995
disabled as above provided for the sole purpose of determining if his disability continues. The board of trustees may revoke an order of retirement on account of total and permanent disability if in their opinion after a hearing duly had, the disability no longer exists. The applicant or employee shall each have the same rights of appeal as above provided. Sec. 4.30. Use of funds for necessary expenses and temporarily incapacitated members. When in the operation of the board of trustees the amount of funds in their hands so justify, the board of trustees may provide for the care of members temporarily incapacitated by sickness or injury, and may suspend said benefits at their discretion. Said board of trustees are authorized to incur, and pay from said pension fund, any reasonable and necessary expenses in the management and operation of said pension fund, including the employment of an actuary to compute the fair and proper assessments and benefits under the Griffin Retirement Pension Act, and to repay the city any sum expended by it in employing such actuary, with the approval of the board of trustees. Sec. 4.31. Required and voluntary participation. The provisions of this chapter shall be binding and compulsory on all city employees employed on a monthly basis receiving a salary or wage of more than one hundred dollars ($100.00) per month. Employees receiving less than one hundred dollars ($100.00) per month shall come under the provisions of this chapter only upon making written application therefor to the city manager on forms furnished for that purpose. Sec. 4.32. School employees excluded. The provisions of this chapter shall not be applicable to teachers and other employees working in the city-county
Page 3996
school system under the authority of the city-county board of education. Sec. 4.33. Severability. Should any clause or portion of this chapter be declared unconstitutional or invalid by any court for any reason, it shall not invalidate any other portion thereof, but shall affect only that part so held to be unconstitutional or invalid. Section 6. That Title V of said Revised Charter shall contain the following sections: Section 5.1 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 4. Section 5.2 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 21. Section 5.3 shall consist of the provisions of Ga. L. 1921, Act No. 19 p. 959, section 22, as amended by Ga. L. 1959, Act No. 156, p. 2455, section 1. Subsection (20) of said section of said 1921 Act is hereby amended by inserting between the words, sale and any, the word of. Section 5.4 shall consist of Ga. L. 1947, Act No. 253, p. 958, section 3, as amended by Ga. L. 1949, Act No. 499, p. 2048, section 3. Section 5.5 shall consist of Ga. L. 1941, Act No. 99, p. 1484, section 1. Section 5.6 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 23 as amended by Ga. L. 1957, Act No. 283, p. 2789, section 1, and Ga. L. 1960, p. 2746, Act No. 742, section 1, which section is further amended to delete reference to the city chaingang and to insert in lieu thereof the words, prisoner work detail.
Page 3997
Section 7. Title VI of said Revised Charter shall contain the following sections: Section 6.1 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 24, as amended by Ga. L. 1931, Act No. 19, p. 794, section 1, and Ga. L. 1945, Act No. 144, p. 763, section 1. Said section is hereby further amended to delete therefrom the third paragraph, which establishes the limit on school taxes. Section 6.2 shall consist of Ga. L. 1921, Act No. 19, p. 959, section 25. Section 6.3 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 26. Section 6.4 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 27. Section 6.5 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 28. Section 8. That Title VII of said Revised Charter shall contain two chapters which shall be entitled as follows: Chapter 1, Generally; and Chapter 2, Water, Light and Sewerage Department Reserve Fund. Chapter 1 shall contain the following sections: Section 7.1 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 30. Section 7.2 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 31, as amended by Ga. L. 1937, Act No. 219, p. 1910. Section 7.3 shall consist of Ga. L. 1927, Act No. 23, p. 1196, sections 1 through 3, said sections to become subsections (1) through (3) of section 7.3.
Page 3998
Section 7.4 shall consist of the provisions of Ga. L. 1960, Act No. 744, p. 2750, sections 1 and 2, which sections shall be designated as subsections (1) and (2) of section 7.4. Chapter 2 of said Title VII shall contain the following sections: Section 7.5, which shall consist of the provisions of Ga. L. 1959, Act No. 155, p. 2451, section 1. Section 7.6 shall consist of the provisions of Ga. L. 1959, Act No. 155, p. 2451, section 2. Section 7.7 shall consist of the provisions of Ga. L. 1959, Act No. 155, p. 2451, section 4. Section 7.8 shall consist of Ga. L. 1959, Act No. 155, p. 2451, section 3, which is hereby further amended in the following respects: Reference in said section to Section 6 of this Act shall be changed to refer to, Section 7.10 of this Charter. References in said section to Section 5 of this Act shall be changed to refer to, Section 7.9 of this Charter. Section 7.9 shall consist of the provisions of Ga. L. 1959, Act No. 155, p. 2451, section 5. Section 7.10 shall consist of the provisions of Ga. L. 1959, Act No. 155, p. 2451, section 6. Section 7.11 shall consist of the provisions of Ga. L. 1959, Act No. 155, p. 2451, section 7, which is hereby further amended to insert in lieu of references to, this Act references to this section. Section 9. That Title VIII of said Revised Charter shall contain the following provisions: Section 8.1 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 33.
Page 3999
Section 8.2 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 32. Section 10. That Title IX of the Revised Charter shall contain the following sections: Section 9.1 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 34. Section 9.2 shall consist of the provisions of Ga. L. 1960, Act No. 743, p. 2748, section 1. Section 9.3 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 76, which section is further amended to delete reference to the chain gang and to insert in lieu thereof the words, prisoner work detail. Section 9.4 shall consist of the following: Superintendent of prisoner work detail. The city manager shall have the authority to appoint a superintendent of the prisoner work detail and to suspend or discharge such officer at pleasure, with or without cause. The superintendent of the prisoner work detail shall have the power and authority of a policeman. Section 77 of the Charter of 1957, Ga. L. 1921, Act No. 19, p. 959, is hereby repealed in its entirety. Section 11. That Title X of said Revised Charter shall contain the following provisions: Section 10.1 shall consist of the provisions of Ga. L. 1959, Act No. 240, p. 2669, section 1. Section 10.2 shall consist of the provisions of Ga. L. 1959, Act No. 240, p. 2669, section 2. Section 10.3 shall consist of the provisions of Ga. L. 1959, Act No. 240, p. 2669, section 4. Section 10.4 shall consist of the provisions of Ga. L. 1959, Act No. 240, p. 2669, section 3. Section 10.5 shall consist of the provisions of Ga. L. 1959, Act No. 240, p. 2669, section 6.
Page 4000
Section 10.6 shall consist of the provisions of Ga. L. 1959, Act No. 240, p. 2669, section 7. Section 10.7 shall consist of the provisions of Ga. L. 1959, Act No. 240, p. 2669, section 5. Section 10.8 shall consist of the provisions of Ga. L. 1959, Act No. 240, p. 2669, section 8, which is further amended to change reference to this Act in said section to reference to, this title. Section 12. That Title XI of said Revised Charter shall contain the following provisions: Section 11.1 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 64. Section 11.2 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 65. Section 11.3 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 66. Section 11.4 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 67. Section 11.5 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 68. Section 11.6 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 69. Section 11.7 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 70. Section 11.8 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 71. Section 11.9 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 72.
Page 4001
Section 11.10 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 73, as amended by Ga. L. 1961, Act No. 112, p. 2348, section 1. Section 11.11 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 74. Section 11.12 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 75. Section 13. That Title XII of said Revised Charter shall contain the following provisions: Section 12.1 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 89. Section 12.2 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 90. Section 12.3 shall consist of the provisions of Ga. L. 1921, Act No. 19, p. 959, section 91. Section 14. That Sections 78 through 88 of Ga. L. 1929, Act No. 19, p. 959, which relate to the city school system, are hereby repealed. Section 15. That should any portion of this Home Rule Amendment be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remaining provisions of this amendment. Section 16. That all laws or parts of laws or ordinances or parts of ordinances in conflict with this Home Rule Amendment are hereby repealed. First Reading November 12, 1968 Second Reading November 26, 1968
Page 4002
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 November 12 and November 26, 1968, a proposed ordinance to amend the Municipal Charter of the City of Griffin, as follows: To reorganize the Charter of the City of Griffin, Georgia into titles, which titles shall be as follows: Title I, Generally; Title II, Commissioners and Commission; Title III, Elections; Title IV, Appointive Officers and Employees; Title V, Powers Generally; Title VI, Taxation; Title VII, Utilities; Title VIII, Health and Sanitation; Title IX, Streets, Sidewalks and Public Improvements; Title X, Cemetery Trust Fund; Title XI, Criminal Court; Title XII, Transition; to arrange and number each section of the Charter according to its new position in one of the foregoing titles; to add a new section to the Charter to be numbered Section 1.2, to provide that the corporate limits of the City of Griffin shall include in addition to the corporate limits set forth all other areas which may from time to time have been lawfully annexed to the City and to exclude such areas as may from time to time have been lawfully excluded or disannexed from the City; to strike from old Section 63 of the Charter, which shall be numbered Section 3.11, the words Section 1065 and to insert in lieu thereof Georgia Code Section 27-2506.; to provide that Title IV of the revised Charter shall contain three chapters entitled as follows: Chapter 1, Generally; Chapter 2, City Manager; Chapter 3, Retirement System; to provide that in old Section 50 of the Charter, which shall be numbered Section 4.10, the term City Sexton shall be deleted therefrom wherever the same appears and the term Cemetery Superintendent inserted in lieu thereof; to add a new clause at the end of the first paragraph of old Section 92 (2), which shall be numbered Section 4.17, the following: Except that an employee reaching the mandatory retirement age as hereinafter defined, may retire from active
Page 4003
service after a service in the employ of the City of as much as ten (10) years.; to provide that Sub-section 20 of old Section 22 of the Charter, which shall be numbered Sub-section 20 of Section 5.3, shall be amended by inserting between the words sale and any the word of; to amend old Section 23 of the Charter, which shall be numbered Section 5.6, by deleting reference therein to the City chaingang and by inserting in lieu thereof the words prisoner work detail.; to delete from old Section 24 of the Charter, which shall be numbered Section 6.1, the third paragraph thereof which establishes the limit on school taxes; to provide that Title VII of the revised Charter shall contain two chapters which shall be entitled as follows: Chapter 1, Generally; and Chapter 2, Water, Light and Sewerage Department Reserve Fund; to delete from old Section 76 of the Charter, which shall be Section 9.3, the word chaingang wherever the word appears, and and to substitute in lieu thereof the words prisoner work detail.; to delete old Section 77 of the Charter, which shall be Section 9.4, in its entirety and to substitute in lieu thereof a new Section 9.4 as follows: Superintendent of Prisoner Work Detail. The City Manager shall have the authority to appoint a Superintendent of the Prisoner Work Detail and to suspend or discharge such officer at pleasure, with or without cause. The Superintendent of the Prisoner Work Detail shall have the power and authority of a policeman.; to repeal old Sections 78 through 88 of the Charter which relate to the City school system in their entirety; to provide for severability; and to repeal conflicting laws, charter and ordinance provisions; and for other purposes. A copy of the proposed amendment is on file in the office of the Clerk of the Board of Commissioners of the City of Griffin (City Manager) at City Hall and in the office of the Clerk of the Superior Court of Spalding County, Georgia, at the Courthouse and may be examined and inspected by the public at either place. The City Manager shall furnish anyone, upon written request, a copy of the proposed amendment.
Page 4004
Ordered published by resolution regularly adopted this 22nd day of October, 1968, by the Board of Commissioners of the City of Griffin. CITY OF GRIFFIN, GEORGIA By: Kimsey R. Stewart, Mayor Attest: J. S. Langford, Clerk Georgia, Spalding County. Personally appeared before the undersigned officer, duly authorized to administer oaths, O. Q. Melton 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 October 25, 1968, November 1, 1968, and November 8, 1968. This 5 day of December, 1968. /s/ Quimby Melton Affiant Sworn to and subscribed before me, this 5th day of December, 1968. /s/ Joseph L. Woodle Notary Public, Spalding County, Georgia This ordinance was adopted and is effective November 26, 1968. Filed in office of Secretary of State December 13, 1968. CITY OF ROMEEMPLOYEE PENSION FUND ORDINANCE AMENDED. An Ordinance (Enacted pursuant to Ga. L. 1965, p. 298, 299 and 303) to amend section 86 and 95 of the charter of the City of Rome, Georgia (Ga. L. 1943, Act No. 85, section 3,
Page 4005
Ga. L. 1949, Act No. 502, section 1; Ga. L. 1953, Act No. 599, sections 1 and 2; Ga. L. 1964, Act No. 540, sections 1 and 2; Ga. L. 1965, Act No. 80, section 3) to provide that the portion of eligible employees' monthly salary in excess of $300.00 shall be exempt from the retirement fund assessment; to provide that the City of Rome's contribution to the retirement fund be 13 per centum of the first $300.00 of the participating employees' salaries; to provide a maximum monthly payment of $150.00 for an employee retiring after twenty-five years; to provide a maximum monthly payment of $202.00 for an employee continuing contribution after twenty-five years; to provide an option for payment of retirement benefits; to provide for payment of interest at the rate of four (4) per cent on contributions to the heirs, etc., of an employee who dies without having received any cash payment from the fund; to repeal conflicting provisions; and for other purposes. Section 1. Be it ordained by the Rome City Commission and it is ordained by authority of the same, that Section 86 of the Charter of the City of Rome, Georgia, be, and the same is hereby, amended by striking the same in its entirety and substituting in lieu thereof the following: Section 86. Retirement Contributions. From and after January 1, 1954, the City of Rome, by and through its City Commission, shall levy upon the monthly salary of each and every employee of said City whose salary is paid by the month an assessment of an amount of 5 per centum of such monthly salaries which assessment shall be deducted each month from the salary of each employee and paid to the Secretary of the Board of Trustees created by this Act, and which respective assessment shall represent the amount paid into said retirement fund by each employee respectively. Provided, however, that portion of any salary in excess of $300.00 per month shall be exempt from such levy; and provided further, that such assessment in no case shall be assessed against the salary of any employee for a longer period of time than 25 years. In like manner, the City of Rome shall appropriate each month respectively from the general funds of the City of Rome a sum of money equal to
Page 4006
7 per centum of the assessed monthly salaries of the employees affected by this Act and pay the same to said Secretary of the Board of Trustees. All payments of money to said Secretary of the Board of Trustees made under the provisions of this Act shall constitute a retirement fund, and the same shall be disbursed as said Board of Trustees may direct according to the terms and provisions of this Act. Employees making payments as provided to said retirement fund shall never have any greater interest in, or right to, payment from said retirement fund than expressly provided for in this Act. Provided, however, during the calendar year 1966, the City of Rome shall appropriate each month respectively from the general funds of the City of Rome a sum equal to 9 per centum of the assessed monthly salaries of the employees affected by this act, and pay the same to the said Secretary of the Board of Trustees. Provided further, that during the next two succeeding calendar years, 1967 and 1968, the City of Rome shall increase and appropriate an additional 2 per centum each year in a like manner so that the City of Rome's contribution to said retirement fund for the calendar year 1968 and thereafter shall equal to 13 per centum of the first $250.00 salary of the City employees subject to the provisions of this Act. Provided further that during the year 1972 and thereafter, the City of Rome shall appropriate each month respectively from the general funds of the City of Rome a sum equal to 13 per centum of the first $300.00 salary of City employees subject to the provisions of this Act and pay the same to the said Secretary of the Board of Trustees. Provided further, that on January 1, 1969, and thereafter, the City of Rome shall levy upon the monthly salaries of its employees subject to the provisions of this Act an assessment in the amount of 7 per centum of said employees' salary and shall deduct said 7 per centum levy from the employees' salaries and pay the same to the Secretary of the Board of Trustees. That portion of any employee's salary in excess of $250.00 per month shall be exempt from said levy until the year 1972, during which year and thereafter, that portion of any employee's salary in excess of $300.00 per month shall be exempt from said levy.
Page 4007
All contributions by the City and the amount levied on the employees' salaries shall constitute and become a part of the retirement fund, as set forth hereinbefore. Section 2. Be it further ordained that section 95 of the Charter of the City of Rome be, and the same is hereby, amended by striking Paragraph (a) thereof and substituting in lieu thereof the following: (a) An employee who has retired or who retires under the provisions of this Act after having served an aggregate of twenty-five (25) years as an employee of the City of Rome and attained the age of at least sixty (60) years, shall be paid monthly from said retirement fund and for and during his natural life the sum of money equal to one-half the average salary received from the City of Rome as such employee as computed upon the basis of salary received by such employee during the three years in which he or she received the highest salary as an employee of the City of Rome prior to retirement; provided, however, such monthly retirement payments shall in no event exceed the sum of $150.00 per month. For the purposes of this Act, the monthly salary of any employee is determined to be one-twelfth of his annual salary. Section 3. Be it still further ordained that section 95 of the Charter of the City of Rome be, and the same is hereby, amended by striking subparagraph (a) (1) thereof and substituting in lieu thereof the following: (1) An employee who has served as an employee of the City of Rome for an aggregate of more than twenty-five (25) years may at his option continue to contribute to the retirement fund as provided in Section 86 of this Charter (Section 3 of this Act), and if he does so elect, the City of Rome shall continue to contribute to said fund as provided in said Section 86 (Section 3 of this Act), and for each year that the employee contributes to said fund after having been in the employ of the City of Rome for twenty-five (25) years, said employee's retirement benefits shall, upon his retirement, be increased for each year's contribution four dollars
Page 4008
($4.00) per month in addition to the monthly benefits hereinbefore provided. Provided however, in no event shall such employee's maximum retirement benefit exceed the sum of $202.00 a month. Section 4. Be it still further ordained that Section 95 of the Charter of the City of Rome be, and the same is hereby, amended by striking subparagraph (a) (2) thereof and substituting in lieu thereof the following: (2) Those employees now employed by the City of Rome and who have been for more than twenty-five (25) years shall, upon retirement under the provisions of this Act, be entitled to four dollars ($4.00) per month retirement benefit in addition to the monthly benefits hereinbefore provided, for each year in excess of twenty-five (25) years they have been employed by the City of Rome. Provided, however, for each year after March 31, 1958, that such employee continues employment with the City of Rome and contributes to the retirement fund as provided in Section 95 (a) (1) (Section 12, Paragraph (a), Subparagraph 1 of this Act), such employee shall be entitled to an additional four dollars ($4.00) per month retirement benefit for each additional year such employee continues his employment with the City of Rome and continues to contribute to the retirement fund as aforesaid. In no event shall any such employee's maximum retirement benefit exceed the sum of $202.00 per month. Section 5. Be it still further ordained that section 95 of the Charter of the City of Rome be, and the same is hereby, amended by striking Paragraph (d) thereof and substituting in lieu thereof the following: (d) Should an employee die while in the employ of the City of Rome without having received any actual cash payments from said retirement fund, said retirement fund shall pay to such employee's heirs at law, or to any person, firm or corporation designated by such employee in writing before his death, a sum equal to 100 per cent of the amount said deceased employee contributed to said retirement fund plus 4 per cent interest per annum from the beginning of such
Page 4009
contribution. Provided, however, no interest shall be paid on contributions unless and until such employee shall have made contributions for a period of three (3) years. Section 6. Be it still further ordained that all ordinances, or parts of ordinances in conflict herewith to, and the same are hereby, repealed. Georgia, Floyd County. I, Mrs. Ray Beard, certify that I am the Secretary of the Rome City Commission, and keep all of the records of said Commission, including the minutes. I hereby certify that the above Ordinance is a true and correct copy passed by the Rome City Commission at a regular meeting held on December 20, 1971, recorded on minute Book W. Mrs. Ray Beard Secretary Rome City Commission Georgia, Floyd County. Personally appeared before me, B. H. Mooney, Jr., who, being first duly sworn, deposes and says that he is Publisher of the Rome News-Tribune, the official organ of Floyd County, the legal situs of Rome, Georgia, and that he has reviewed the regular editions of the Rome News-Tribune published on November 26, 1971, December 1, 1971 and December 8, 1971, and finds that the advertisement, a copy of which is attached hereto as Exhibit A, appeared in each of said editions. /s/ B. H. Mooney, Jr. Sworn to and subscribed before me, this 7th day of January, 1972. /s/ S. Williams Notary Public, Floyd County, Georgia.
Page 4010
NOTICE OF PROPOSED AMENDMENT TO AND CHANGE IN THE CHARTER OF THE CITY OF ROME, GEORGIA Pursuant to Ga. L. 1965, pages 298, 299, 303 (Georgia Code Section 69-1017 and Sections 69-1019), notice is hereby given that the Rome City Commission proposes to amend Sections 86 and 95 of the Charter of the City of Rome (Ga. L. 1943, Act No. 85, section 3; Ga. L. 1949, Act No. 502, section 1; Ga. L. 1953, Act No. 599, sections 1 and 2; Ga. L. 1964, Act No. 540, sections 1 and 2; Ga. L. 1965, Act No. 80, section 3) to provide that the portion of eligible employees' monthly salary in excess of $300.00 shall be exempt from the retirement fund assessment; to provide that the City of Rome's contribution to the retirement fund be 13 percentum of the first $300.00 of the participating employees' salaries; to provide a maximum monthly payment of $150.00 for an employee retiring after 25 years; to provide a maximum monthly payment of $202.00 for an employee continuing contribution after 25 years; to provide an option for payment of retirement benefits; to provide for payment of interest at the rate of 4 per cent on contributions to the heirs, etc., of an employee who dies without having received any cash payment from the fund; to repeal conflicting provisions; and for other purposes. The Rome City Commission will consider and act upon the proposed amendment and change at its regular meetings on December 6, 1971 and December 20, 1971, with final adoption proposed for said December 20, 1971 meeting. Exhibit A A copy of the proposed amendment to the Charter is on file in the office of the Secretary of the Rome City Commission and in the office of the Clerk of the Superior Court of
Page 4011
Floyd County, Georgia, all for the purpose of examination and inspection by the public. City of Rome, Georgia By: Mrs. Ray Beard, Secretary Rome City Commission Filed in office of Secretary of State January 10, 1972. CITY OF ATLANTACHIEF OF POLICETERM OF OFFICE PROVIDED. An ordinance to amend the charter of the City of Atlanta and particularly that portion dealing with the term of office of the chief of police so as to provide that said term shall be a period of eight years; and for other purposes. Now, therefore, be and it is hereby ordained by the Mayor and Board of Aldermen of the City of Atlanta as follows: Section 1. A copy of this proposed Amendment to the Charter of the City of Atlanta shall be filed in the Office of the City Clerk of Atlanta and in the Office of the Clerk of the Superior Court of Fulton County and in the Office of the Clerk of the Superior Court of DeKalb 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 2. By adding to section 8.1.2 of the Charter of the City of Atlanta the following language: The Chief of Police shall be nominated and elected for a term of eight years and shall serve during good behavior
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and efficient service both of which are to be judged by the Mayor and Board of Aldermen. Section 3. By amending section 3.1.4 of the Charter of the City of Atlanta by deleting from the last sentence of said section, and the Chief of the Police Department and by adding to said section the following sentence, The Chief of the Police Department shall hold office for a term of eight years during good behavior and efficient service., so that said section, as amended, shall read as follows: The terms of office of all heads of departments, elected by the people, or by the mayor and board of aldermen, shall be four years. This section shall not apply to the terms of office of the chief of the police department not to the chief of the fire department not shall it interfere with the power of the mayor and board of aldermen to fix different terms for positions created by ordinances. The chief of the fire department shall hold office during good behavior and efficient service. The chief of the police department shall hold office for a term of eight years during good behavior and efficient service. Section 4. All ordinances and laws and parts of ordinances and laws in conflict herewith are hereby repealed. Adopted: by Board of Alderman Feb. 7, 1972. A true copy /s/ J. J. Little, City Clerk Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to repeal the language of Section 8.1.2 and 3.1.4 of Volume I so as to change the term of the office of the Chief of Police from an indefinite term during good behavior and efficient service to a definite term of eight years.
Page 4013
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 of the public. This 6th day of January, 1972. /s/ J. J. Little, City Clerk City of Atlanta. Exhibit A 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 January 6, 13, 20, 1972. /s/ Margaret Graham Advertising Accounting Sworn and subscribed before me, this 2nd day of February, 1972. /s/ Alice DePace Notary Public. Filed in office of Secretary of State, February 16, 1972. Approved: by the Mayor Feb. 11, 1972.
Page 4014
CITY OF EAST POINTRETIREMENT SYSTEM OF 1971. An ordinance to amend an act establishing a charter for the City of East Point approved August 19, 1912, (Ga. L. 1912, p. 862, et seq.), and the several amendatory acts thereof, and especially the act approved March 5, 1957, (Ga. L. 1957, p. 2429, et seq.), as amended, and especially an ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq.) so as to crete and establish a new retirement system for the officers and employees of the City of East Point to be known as the Retirement System of 1971; to repeal conflicting laws and for other purposes: Be it ordained by the City Council of the City of East Point: Section 1. An act establishing a new charter for the City of East Point in Fulton County, and approved August 19, 1912, (Ga. L. 1912, p. 862, et. seq.), as amended, and especially the act approved March 5, 1957, (Ga. L. 1957, p. 2429, et. seq.), as amended, and especially that ordinance adopted pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965; p. 298, et. seq.), is hereby further amended as hereinafter set forth: Section 2. Retirement System of 1971. There is hereby established a new retirement system for the officers and employees of the City of East Point to be known as the Retirement System of 1971. Section 3. Prior Acts Ratified and Confirmed. Be it further ordained by the Mayor and Council of East Point that the actions of all Boards of Trustees heretofore charged with the duty of administering any pension system in effect for the benefit of city employees, and all actions of the City of East Point, and the Mayor and Council thereof, in paying pensions under any of said systems prior to the date hereof are hereby ratified and confirmed. Likewise, the provisions of any statute, amendment or ordinance authorizing same
Page 4015
are re-enacted, ratified and confirmed, except as repealed or modified expressly by the provisions of this ordinance as to present employees who elect to come under this system, and future employees required to come under same. Section 4. Board of Trustees. (a) Said system shall be administered by a Board of Trustees consisting of five (5) members, including as ex-officio members the Mayor and City Clerk of said city; and a city councilman chosen by the city council voting as a body; one other member chosen by a majority vote of the city officers and employees eligible for membership in said system as determined hereinafter; and a fifth member who shall be designated by the four (4) other members. The fifth member shall be a citizen of said city with no other official connection with or relation to the city government. The member chosen by the officers and employees shall be chosen at an assemblage for such purpose in the city council chamber at a time and place designated by the official members of said board. The fifth member chosen by the other members shall be the last chosen and he or she shall be selected at a meeting presided over by the City Clerk of the four (4) members previously selected. (b) The City Clerk shall certify to the retirement board the name of the councilman appointed by the city council, the name of the employee selected by the employees eligible for membership, and the name of the fifth member selected from among the citizenry of said city by the other four (4) members. The names of the members so selected shall be entered on the minutes of the meeting of the Retirement Board, and of the city council. (c) Each of the members ex-officio shall serve during their respective terms of office. The other members shall serve for terms of two (2) years beginning with their first selection and shall continue in office until their respective successors shall have been chosen and qualified. (d) The first meeting of the board shall be held within thirty (30) days after the final approval of this ordinance.
Page 4016
(e) The fifth member of the said board chosen from among the citizenry at large shall serve as Chairman. The board shall select a Vice-Chairman. The City Clerk shall serve as Secretary and shall record and preserve the minutes of all meetings and actions of the board. (f) Each member of the board, including the Chairman, shall have an equal vote and no action shall be taken without the affirmative vote of at least three (3) members. (g) Three (3) members shall constitute a quorum for all purposes but no official action may be taken at any meeting, whether those in attendance shall be three (3) or more, without the affirmative vote of three (3) active and qualified board members. (h) Vacancies in the office of members of the Retirement Board shall be filled as in the initial selection and as soon as practicable after such vacancies occur. (i) Should any member be disqualified for any reason, including personal interest, to act upon any matter before the board, the Mayor and Council shall designate a substitute to act in the place of the disqualified member in such matter. Such appointee shall be chosen from among the citizens of the City of East Point not otherwise connected with said city. Section 5. Duties of Board (a) Members of the board, other than the Mayor and City Clerk, before assuming office, shall take and subscribe an oath in substantially the following language: I do solemnly swear that insofar as it devolves upon me as a member of the Retirement Board of Trustees of the City of East Point, I will diligently and honestly administer the retirement system and discharge the duties of a member of said board, and will not knowingly or willfully violate or permit to be violated any provision of the law applicable to the retirement system.
Page 4017
(b) Said oath may be taken and subscribed before any officer authorized by law to administer an oath, and shall be spread upon the minute of said board. The oath of office of the Mayor and City Clerk shall be deemed sufficient for all purposes hereunder, and their duties hereunder shall be construed to be a part of their duties as Mayor and City Clerk respectively. (c) It shall be the duty of members of the Retirement Board to attend all meetings of said board. Less than a quorum may adjourn and require the attendance of the absent members at a definite future time after reasonable notice thereof. Section 6. Rules and Regulations (a) Said Retirement Board shall establish reasonable rules and regulations not in conflict hereunder, for the purpose of administering the provisions of this Act, and shall adopt forms of applications and other forms to elicit information necessary to the conduct of its business, including the processing and granting or rejection of application for pension. Said Board shall establish the service record of all officers and employees of the city, having in their custody all such records or having in their possession other information related to this subject. The board shall employ necessary clerical assistants and pay compensation to such clerical assistants as it may appoint for the proper conduct of its business. The compensation shall be commensurate with the duties performed and shall not exceed the pay scale of the City for similar duties. (b) The Board shall meet in the Council Chamber at 2:30 P.M. on the first Wednesday of each month. All meetings shall be open to the public. (c) Special meetings may be called in time of any meeting postponed for lack of a quorum. Section 7. Eligibility for Membership (a) All regular employees, officers of the City of East Point and employees of the East Point Library, now employed
Page 4018
shall be members of this retirement system, but the retirement system shall not include the city physician, members of the various boards, commissions, authorities or agencies, which members of such boards, commissions, authorities and agencies devote only a part of their time to the duties of such boards, commissions, authorities and agencies. (b) All employees who have served the period or periods set forth hereunder, and otherwise complied with the requirements of this ordinance, shall be entitled to receive the benefits prescribed for such periods of service, based upon his or her salary under the formula herein set forth. (c) Employees who resign or otherwise leave the service of the city before becoming eligible for a pension hereunder shall be entitled to receive as a refund the amount of their contribution to the pension fund, without interest. (d) All present officers and employees of the City of East Point who were previously not covered by the East Point Retirement Plan of November 15, 1965, but who will be eligible to receive benefits under this plan shall pay, within 30 days from date of adoption, into the pension fund a sum equivalent to 2% of such employees' gross salary since the date of his or her employment with said city or since November 15, 1965, whichever period is the shorter, and said date shall be the starting point for computing creditable service for benefits under this plan. Section 8. Benefits (a) A pension is hereby established for persons who have a minimum of eight (8) years of service and have attained the age of fifty (50) years. Upon retirement, such person shall be entitled to be paid for the remainder of his natural life a pension in the amount of 2[frac14]% of the average monthly salary of such employee during the highest twelve (12) months of the last sixty (60) consecutive months of his employment, which sum shall be multiplied by the number of years and fractions thereof creditable service, excluding overtime pay. No employee shall be entitled to compensation
Page 4019
under this act who has served less than eight (8) years of service, unless such employee shall have been so injured in line of his employment that he is disabled from performing substantially all of the duties of the employment to which he was assigned at the time of his injury, or killed in line of duty. In such case, the employee shall be entitled during such disability to that compensation to which his creditable service and salary shall entitle him under the formula herein set forth. Should such disabled employee have less than three (3) years of creditable service, the average monthly compensation shall be determined by his actual service notwithstanding same is less than thirty-six (36) months. (b) The Mayor and Council may, regardless of age, require the retirement of any employee who is physically or mentally incapable of rendering efficient service regularly in his assigned duties. (c) Retirement at the end of the year in which an employee shall reach the age of sixty-seven (67) shall be compulsory notwithstanding the good physical and mental condition of such employee. There shall be no distinction made between male and female employees in any provision of this retirement system. (d) Notwithstanding any other provision hereof and notwithstanding the salary or length of service of any employee, no employee shall be entitled to receive more than seventy-five (75%) percent of the average monthly rate payable to such employee during the highest twelve (12) months of the last sixty (60) consecutive months of active service, excluding overtime pay. (e) Members of the retirement system in the armed forces of the United States, on leave from their duties with said city by reason of such military service, shall be entitled to receive retirement credit for such period of time as said member was in military service, not to exceed three (3) years.
Page 4020
Section 9. Pension to Surviving Spouses (a) Any employee who has attained the necessary age and service for retirement and who shall die after approval of a pension in the appropriate amount, or who shall die after he has attained sufficient creditable service for a pension hereunder but for any reason, including death, has failed to apply for a pension, and who shall leave a widow or widower surviving, shall, subject to the provisions hereafter set forth, be entitled to leave to such widow or widower the right to two-thirds ([frac23]) the pension which the employee himself would have received except for his death, either before qualifying for a pension or thereafter. (b) Each member of the retirement system who has completed the required age and service set forth herein for pension in any amount, shall upon application be entitled to receive on the first day of each month thereafter during his lifetime (or the lifetime of a surviving spouse), as the case may be, a pension in the amount appropriate to his or her service and salary as an employee of the City of East Point. The retirement benefits of a surviving spouse shall terminate upon the death or remarriage of such spouse. (c) All questions of fact, including the creditable service of an employee, salary, and other conditions, including marriage, death or disability in line of service, or other fact or condition, shall be judged and determined by the members of the retirement board whose decision shall be subject to appeal by the writ of certiorari to Fulton Superior Court, or review by mandamus. (d) For the purpose of determining any fact pertinent to an application for pension, the board shall conduct a hereing, at which time the person asserting any right shall be entitled to be heard and to produce witnesses under oath, including experts, upon any question at issue. Likewise the City, or the board, shall be entitled to produce evidence in any acceptable form, including experts, to sustain or refute any claim of right or condition.
Page 4021
(e) No payment hereunder shall be subject to garnishment or attachment by any creditor or other claimant against the beneficiary. (f) For the purposes of determining service, names of spouses, age, and other conditions, including physical condition or medical history, the board shall have the right to adopt forms for inquiry and to require that same be answered under oath before any favorable action shall be taken or any application for compensation. Section 10. Contribution by Employee and City (a) To finance payment of pensions in accordance with the provisions of this system, the city shall deduct from the compensation of each employee five (5%) percent of the monthly salary, excluding overtime pay. To enable an employee to obtain the benefits hereunder for his or her spouse, such employee shall file with the retirement board an election to qualify such spouse and the name of the spouse and the date of marriage thereto. An employee shall have the right to change the beneficiary (spouse) at any time where legally appropriate and may discontinue a beneficiary for any reason, including death of the spouse, a divorce or other cause, at the election of such employee. (b) Notwithstanding any other provision of this ordinance, no payment shall be made to any retired employee or his or her surviving spouse until all sums due by such employee to the retirement system have been paid in full. Section 11. Investment of Funds (a) The Board of Trustees shall retain on band a sufficient sum to pay lawful obligations hereunder and shall invest all other funds in securities guaranteed by the U. S. Government, or any agency thereof, or by the State of Georgia or by any municipality thereof with a population as great or greater than that of the City of East Point, according to the latest official U. S. Census. Likewise, said board may deposit any funds held by it with any bank or
Page 4022
banking institution whose deposits are insured by an agency of the U. S. Government and which will yield a reasonable dividend or interest on such funds. (b) As contribution to the stability of the pension retirement system provided herein, the city shall at intervals of not less than quarterly pay over to the retirement fund an amount equal to the deductions from the salaries of employees made for the purpose of this retirement system. (c) Funds of the retirement system shall be held separate and apart from all other funds of the city and shall not be mingled with other funds of the city or used for any purpose other than to pay the benefits prescribed herein and the expenses of administering same, including compensation of employees, if any. (d) Should a deficit occur at any time in funds necessary to pay the benefits prescribed herein, same shall be borne by the City of East Point from its general funds (and for the purpose of accumulating funds with which to make such payments, the City shall be authorized to levy a tax upon all of the taxable property in said City.) Section 12. Rejection of this Ordinance by Present Employee Employees of the City in active service on the effective date of this ordinance who reject the benefits and obligations of this ordinance, shall retain their membership in any other pension or retirement system heretofore created for their benefit by any stature, amendment or ordinance. Former employees of the City of East Point, who have heretofore retired under any pension system created by statute, amendment or ordinance, shall continue to receive the sum established by the Board of Trustees in charge of said system at the time said pension was granted. However, all of same are repealed insofar as the rights of employees electing membership in the system established thereby are concerned. Section 13. Group Insurance (a) Said city shall have power and authority to obtain group life, health, accident, medical and/or hospitalization
Page 4023
insurance for its officers and employees desiring it, and to pay all or such part of the premiums thereon, and to deduct such part of such compensations of such members of such group, or groups, as shall be determined by the city council, when agreed to by such officers and employees. (b) Said city shall have power and authority to pay all or such part of the premiums for such amount of group life and hospital insurance for such group, or groups, of its retired officers and/or employees for such time as may be determined by the city council; provided, however, that the part of the premium payable by such retired officer or employees on such insurance shall be deducted by the City Clerk from their retirement benefits with their consent. Section 14. Cost of Living Increases Subject to the ratification of East Point City Council the Retirement Board may increase benefits to retired employees to compensate for cost of living increases. Section 15. The City Clerk of said city is hereby directed to publish a notice containing a synopsis of this proposed ordinance in the official organ of Fulton County, Georgia, and in the official newspaper of the City of East Point once a week for three weeks within a period of sixty days immediately preceding the final adoption of this ordinance. Said City Clerk shall further file a copy of this proposed ordinance in the office of said clerk and in the office of the Clerk of the Superior Court of Fulton County for the purpose of examination and inspection by the public. Said City Clerk is further directed to furnish anyone upon written request a copy of this proposed ordinance. Section 16. All ordinances and parts of ordinances in conflict herewith are hereby repealed. /s/ W. P. Kidd First Reading: 11-1-71. Final Reading: 12-20-71.
Page 4024
Public Notice Pursuant to The Municipal Home Rule Act of 1965, as amended, notice is hereby given that the City Council of the City of East Point proposes to adopt an ordinance to amend an act establishing the charter for the City of East Point, Georgia, 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, so as to create and establish a new retirement system for the officers and employees of the City of East Point to be known as the Retirement System of 1971. Said ordinance provides that the retirement system shall be governed by a Board of Trustees who shall administer said retirement system and who shall adopt rules and regulations for the administration thereof; said ordinance further provides for eligibility for membership in said retirement system; benefits; mandatory retirement at age 67; beneficiaries; contributions by employees in the City; and the repeal of conflicting laws and for other purposes. A copy of the proposed ordinance is on file in the office of the City Clerk of the City of East Point, City Hall, East Point, Georgia, and at the office of the Clerk of the Superior Court of Fulton County, Fulton County Courthouse, Atlanta, Georgia, for examination and inspection by the public. The City Clerk of said City will furnish anyone upon written request with a copy of the proposed ordinance. The ordinance will be considered for the first time at the regular meeting of the City Council of said City on December 6, 1971, and will be considered for final adoption at the regular meeting of said City Council on December 20, 1971. W. P. Kidd City Clerk
Page 4025
This is to certify that the attached advertisement was published in Atlanta's Suburban Reporter in its editions of November 10, 17, 24, 1971. /s/ Edward B. Bailey, Managing Editor /s/ Louise C. Smith Notary Public, Georgia, State at Large My Commission Expires Feb. 19, 1973. (Seal). I, W. P. Kidd, do hereby certify that I am City Clerk of the City of East Point, Georgia, and that, I am the keeper of the seal, minutes and records of said City and of the City of East Point, Georgia; that the foregoing extract is a true, correct, and exact copy of the original thereof, adopted on the 20th day of December, 1971, as the same appears on record in the office of the City Clerk of East Point, Georgia. In witness whereof, I have hereunto affixed my official signature and the corporate seal of said City this 25th day of February, 1972. /s/ W. P. Kidd Filed in Office of Secretary of State, February 29, 1972. CITY OF ATLANTAFISCAL YEAR PROVIDED AS CALENDAR YEAR. An ordinance to amend Chapter 3 of Title 9 of Volume I of the Charter and Related Laws of the City of Atlanta, Georgia, so as to provide that the fiscal year of the city shall be the calendar year; 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 Chapter 3 of Title 9 of Volume I of the Charter and Related Laws of the City of Atlanta, Georgia,
Page 4026
as amended, is hereby further amended by adding a new section to be designated as 9.3.20, and which shall read as follows: The fiscal year of the City of Atlanta shall be the calendar year, commencing on January 1st and ending on December 31st of each year. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted by Board of Aldermen April 3, 1972. A true copy. /s/ J. J. Little City Clerk. Notice of Proposed Amendment to Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to Chapter 3 of Title 9 of Volume I of the Charter and Related Laws of the City of Atlanta, Georgia, so as to provide that the fiscal year of the City of Atlanta shall be the calendar year, commencing on January 1st and ending on December 31st of each year; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the City Clerk of Atlanta and the Office 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 9th day of March, 1972. J. J. Little, City Clerk City of Atlanta
Page 4027
Exhibit A 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 9, 16, 23, 1972. /s/ Margaret Graham Advertising Accounting Sworn and subscribed before me, this 27th day of March, 1972. /s/ Anne S. Collins Notary Public. Filed in Office of Secretary of State, April 13, 1972. Approved by Mayor April 7, 1972. CITY OF SAVANNAHCERTAIN SECTION STRICKEN. An Ordinance to amend the Charter of the Mayor and Aldermen of the City of Savannah pursuant to the provisions of the Home Rule Act of 1965, to strike therefrom section seven (7) of the act approved February 14, 1950, Ga. L. 1950, p. 2383; to repeal conflicting laws and ordinances; and for other purposes. Be it ordained by the Mayor and Aldermen of the City of Savannah in Council assembled.
Page 4028
Section 1. The Charter of the Mayor and Aldermen of the City of Savannah is hereby amended by striking therefrom section Seven (7) of the Act approved February 14, 1950, Ga. L. 1950, p. 2383 in its entirety. Section 2. That the 1958 City Code as amended is further amended by striking and deleting therefrom said section Seven (7) of said Act approved February 14, 1950, Ga. L. 1950, p. 2383, as codified in section 1-2407 Taxation of Receipts or Sales and Services. Section 3. All laws or Ordinances in conflict herewith are hereby repealed. /s/ John P. Rousakis Mayor Attest: /s/ Katherine S. Redmond Clerk of Council I, Katherine S. Redmond, Clerk of Council of The Mayor and Aldermen of the City of Savannah, do hereby certify that the foregoing is a true and correct copy of an Ordinance adopted and approved by The Mayor and Aldermen of the City of Savannah, in Council assembled, April 27, 1972. Signed and Sealed at Savannah, Georgia this 28th day of April, 1972. /s/ Katherine S. Redmond Clerk of Council
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Georgia, Chatham County. Personally appeared before me Kathy Gaudry to me known, who being by me sworn, deposes and says: That she is the Legal Secretary of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the Sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; That she has reviewed the regular editions of the Savannah Evening Press published on Feb. 21, 1972, Feb. 28, 1972, and Mar. 6, 1972, and finds that the following advertisement, to-wit: Legal Notice Notice is hereby given that the Mayor and Aldermen of the City of Savannah will consider an Ordinance proposed pursuant to the Home Rule Act of 1965 to repeal Section 7 of the Act approved February 14, 1950, entitled Savannah Corporate Limits Extended, Georgia Laws 1950, page 2383. A copy of the proposed amendment to the Charter is on file in the Office of the Clerk of Council and the Office of the Clerk of Superior Court of Chatham County, Georgia, for the purpose of examination and inspection by the public.
Page 4030
This 18 day of February, 1972. Katherine S. Redmond Clerk of Council appeared in each of said editions. /s/ Kathry Gaudry (Deponent) Sworn to and subscribed before me this 13th day of April, 1972. /s/ Marion H. Manson Notary Public, Chatham County, Ga. My Commission Expires Nov. 29, 1975. Filed in the Office of the Secretary of State, May 2, 1972. Adopted and approved April 27, 1972. CITY OF SAVANNAHSTREET IMPROVEMENTS. An ordinance to amend the Charter of the Mayor and Aldermen of the City of Savannah by striking therefrom section twelve (12) of Ga. L. 1919, p. 1294, as codified in the 1958 City Code as section 1-2219 and inserting in lieu thereof a new section providing for a declaratory resolution, a means of protest and petition in street improvements; to repeal conflicting laws and for other purposes. Be it ordained by the Mayor and Aldermen of the City of Savannah in Council assembled. Section 1. That the Charter of the Mayor and Aldermen of the City of Savannah is amended pursuant to the Home Rule Act of 1965 by striking therefrom section Twelve (12) of Ga. L. 1919, p. 1294, codified as section 1-2219 of the 1958 City Code and inserting in lieu thereof a new section to be known as section 1-2219 as follows:
Page 4031
Whenever the said Mayor and Aldermen shall deem it desirable to grade, pave, macadamize, drain or otherwise improve any street, avenue, alley, lane, or any part thereof, within the limits of the City of Savannah, said Mayor and Aldermen shall, before adopting a resolution to declare such work or improvement necessary to be done to give notice of a public hearing to be held within Fifteen (15) days by publishing such notice in a daily newspaper published and having a general circulation in the City of Savannah and by certified mail to the owners of the land liable to assessment to pay for such improvements at the address to which tax notices are sent. If, after such hearing, said Mayor and Aldermen deem such work or improvement necessary to be done, then said Mayor and Aldermen shall have power to cause said improvements to be made and to contract therefor, and to levy assessments as herein provided for. Any number of streets, avenues, alleys, lanes or other public places or parts, thereof to be so improved may be included in one resolution; provided, however, that if the owners of more than one-half in area of the land liable to assessment for any such improvements shall petition the Mayor and Aldermen for such improvements of any street or part of street, alley, lane or avenue, or other public place, describing in such petition the character of the improvement desired, the width of the same, the materials preferred by the petitioners for such improvements, it shall thereupon be the duty of said Mayor and Aldermen to promptly cause the said improvements to be made in accordance with the prayer of said petition, and in such cases the notice and public hearing hereinbefore mentioned shall not be required; provided, however, that the kind of material to be used for the proposed paving shall be finally determined by said Mayor and Aldermen. Section 2. All laws or parts of laws or Ordinances in conflict herewith are hereby repealed. /s/ John P. Rousakis Mayor
Page 4032
Attest: /s/ Katherine S. Redmond Clerk of Council I, Katherine S. Redmond, Clerk of Council of The Mayor and Aldermen of the City of Savannah, do hereby certify that the foregoing is a true and correct copy of an Ordinance adopted and approved by The Mayor and Aldermen of the City of Savannah, in Council assembled, April 27, 1972. Signed and Sealed at Savannah, Georgia this 28th day of April, 1972. /s/ Katherine S. Redmond Clerk of Council (Seal). Georgia, Chatham County. Personally appeared before me Kathy Gaudry to me known, who being by me sworn, deposes and says: That she is the Legal Secretary of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said published 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
Page 4033
Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; That she has reviewed the regular editions of the Savannah Evening Press published on Feb. 21, 1972, Feb. 28, 1972, and Mar. 6, 1972, and finds that the following advertisement, to-wit: Legal Notice Notice is hereby given that the Mayor and Aldermen of the City of Savannah will consider an Ordinance proposed pursuant to the Home Rule Act of 1965 amending the Charter of the City of Savannah by deleting therefrom Section Twelve (12) Ga. L. 1919, p. 1294, codified as section 1-2219 of the 1958 City Code providing for a declaratory resolution, protest and petition for street improvements and adopting a new section to be known as section 1-2219 of the 1958 City Code as amended to provide for a declaratory resolution, a means of protest and petition in street improvements; to repeal conflicting laws and for other purposes. A copy of the proposed amended to the Charter is on file in the Office of the Clerk of Council and the Office of the Clerk of Superior Court of Chatham County, Georgia for the purpose of examination and inspection by the public. This 18 day of February, 1972. Katherine S. Redmond Clerk of Council appeared in each of said editions. /s/ Kathy Gaudry (Deponent) Sworn to and subscribed before me this 13th day of April, 1972. /s/ Marion H. Manson Notary Public, Chatham County, Ga. My Commission Expires Nov. 29, 1975. Filed in Office of Secretary of State, May 2, 1972. Adopted and approved April 27, 1972
Page 4034
CITY OF ATLANTADEPARTMENT HEADSRETIREMENTEMERITUS OFFICERS. An ordinance to amend sections 3.1.35 of Volume I of the Charter and Related Laws of the City of Atlanta, Georgia, as amended (Ga. L. 1961, p. 2699, 3, as amended by Ga. L. 1962, p. 3185, 2, and as subsequently amended by charter amendments), so as to provide that heads of departments who retired prior to December 31, 1960, shall be eligible to be emeritus officers; to repeal conflicting laws; 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. Section 3.1.35 of Volume I of the Charter and Related Laws of the City of Atlanta, Georgia, as amended (Ga. L. 1961, p. 2699, 3, as amended by Ga. L. 1962, p. 3185, 2, and as subsequently amended by Charter Amendments), be and the same is hereby amended by striking the period at the end of said section, by substituting in lieu thereof a comma, and by adding thereto the following words: , or prior thereto. So that said section, when so amended, shall read as follows: The mayor and board of aldermen of said city are authorized and empowered to provide by ordinance that the heads of the various departments of the city government of Atlanta, upon retirement from active service under any retirement or pension plan in force in the government of the City of Atlanta and who shall have reached the age of 65 years, or an age which is within 5 years of the time of the compulsory retirement of such department head under any applicable law, and who shall have been in the active service of the city for 25 years, 8 of which shall have been served as a department head, shall immediately become emeritus officers of said city in and for their respective departments; provided however, that any department head who shall have completed six consecutive four-year terms as a department
Page 4035
head shall thereupon become eligible for appointment as an emeritus office of said city and may receive the emeritus compensation herein provided for. They shall serve in their respective emeritus offices for the remainder of their lives or until they resign therefrom. This Act (sections 3.1.34 to 3.1.38) shall apply to both present and future heads of departments of said city, and to any department head who may have retired as of December 31, 1960, or prior thereto. 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 and DeKalb Counties 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 April 17, 1972. A true copy. /s/ J. J. Little City Clerk. Notice of Proposed Amendment to Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend section 3.1.35 of Volume I of the Charter and Related Laws of the City of Atlanta, Georgia, as amended (Ga. L. 1961, p. 2699, 3, as amended by Ga. L. 1962, p. 3185, 2, and as subsequently amended by Charter
Page 4036
Amendments), so as to provide that heads of departments who retired prior to December 31, 1960, shall be eligible to be emeritus officers; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment to the Charter is on file in the Office of the City Clerk of Atlanta and the Office of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 23rd day of March, 1972. J. J. Little, City Clerk City of Atlanta Exhibit A 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 23, 30, 1972, and April 6, 1972. /s/ Margaret Graham Advertising Accounting Sworn to and subscribed before me, this 12th day of April, 1972. /s/ Anne S. Collins Notary Public Filed in the Office of Secretary of State, May 4, 1972. Approved by Mayor April 20, 1972.
Page 4037
CITY OF NEWNAN RETIREMENT PLAN. An ordinance to amend the Municipal Charter of the City of Newnan by repealing article XII thereof pertaining to pensions and other benefits and to adopt in lieu thereof a new ordinance creating a City of Newnan retirement plan; and to provide eligible employees some degree of financial security upon their retirement and for other purposes. Be it ordained in accordance with Ga. Code section 69-1017 that the municipal charter of the City of Newnan be amended by repealing in its entirety Article XII (sections 12-1 thru section 12-21) of the Charter of the City of Newnan and by substituting in lieu thereof a new Article XII to be entitled City of Newnan Retirement Plan and to read as follows: City of Newnan Retirement Plan Section 1Name and Purpose. 1.1 Name This Plan shall be known as the City of Newnan Retirement Plan. 1.2 Purpose It is the purpose of this Plan to provide eligible Employees with some degree of financial security upon their retirement. Section 2Definitions. 2.1 Unless otherwise required by the context, the terms used herein have the following meanings: 2.2 Accrued Retirement Income shall mean the amount determined by multiplying (a) times (b), where: (a) is the Participant's Prospective Normal Retirement Income, and (b) is a fraction, the numerator of which is the number of completed years of Continuous Service the Participant has on his Early Retirement Date or Termination Date and
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the denominator of which is the total number of completed years of Continuous Service the Participant would have on his Normal Retirement Date. 2.3 Actuarial Equivalent shall mean a benefit of equivalent value to the benefit which would otherwise have been provided to the Participant determined on the basis of actuarial assumptions and methods in effect on the date such value is computed and in accordance with instructions from the Committee. 2.4 Actuary shall mean an actuary, selected by the City, or a firm of actuaries or an insurance company. 2.5 Annual Earnings shall mean regular basic wage or salary, excluding all other forms of compensation, paid to Employee by the City during any calendar year. 2.6 Career Average Earnings shall mean the average Annual Earnings of a Participant between the January 1 coinciding with or immediately following his most recent date of hire and the December 31 immediately preceding the earliest to occur of his Termination Date, Early Retirement Date or Normal Retirement Date; provided, however, that with respect to Continuous Service for years prior to January 1, 1972, a Participant shall be deemed to have had Annual Earnings in each of such years in an amount equal to his Annual Earnings paid during the calendar year 1971. In no event shall a Participant's Career Average Earnings exceed the average of his Annual Earnings during the five calendar years preceding his Termination Date, Early Retirement Date, or Normal Retirement Date. 2.7 City shall mean the City of Newnan, Georgia. 2.8 Committee shall mean the committee appointed by the Mayor and Board of Aldermen to administer the Plan in accordance with the terms of Section IX. 2.9 Continuous Service shall mean the period of employment from an Employee's most recent date of hire.
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(a) Most recent date of hire means the later of: (i) the date on which an Employee first entered the employment of the City, and (ii) the date of re-employment after his last break in service. (b) Occurrence of any one (1) of the following events shall constitute a break in service: (i) resignation, (ii) discharge, (iii) unauthorized absence, or (iv) retirement. (c) A period of absence due to voluntary or involuntary service in the Armed Forces of the United States (during a period of national emergency or while such service is compulsory by law) shall not be deemed a break in service provided the Employee is re-employed by the City within the ninety (90) day period after his honorable release, or within the period prescribed by applicable law, whichever period is longer. 2.10 Early Retirement Date shall mean the first (1st) day of any month between a Participant's fifty-fifth (55th) and sixty-fifth (65th) birthdays on which the Participant actually retires as provided in Section V of the Plan. 2.11 Effective Date shall mean January 1, 1972. 2.12 Employee shall mean any person regularly employed by the City on a full-time basis. 2.13 Manager shall mean the City Manager of Newnan, Georgia.
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2.14 Norman Retirement Date shall mean the first (1st) day of the month coincident with or next following the day on which the Participant attains his sixty-fifty (65th) birthday. 2.15 Participant shall mean any Employee who is or becomes eligible to participant in the Plan pursuant to Section III. 2.16 Plan shall mean the City of Newnan Retirement Plan, as set forth in this document and as it may from time to time in the future be amended. 2.17 Postponed Retirement Date shall mean the first (1st) day of any month on which a Participant actually retires as provided in Section VI of the Plan. 2.18 Prospective Normal Retirement Benefit shall mean the normal Retirement Income to which a Participant would have been entitled under Section IV if he had remained in employment until his Normal Retirement Date; provided, however, Career Average Earnings shall be determined as of the Participant's Termination Date or Early Retirement Date, whichever is applicable. 2.19 Retirement Income shall mean any amount payable to or on behalf of a Participant in accordance with the provisions of the Plan. 2.20 Termination Date shall mean the date on which a Participant ceases to be an Employee. 2.21 Trust Agreement shall mean the agreement described in Section XI. 2.22 Trust Fund or Fund shall mean the cash and other properties held and administered by the Trustee in accordance with Section XI. 2.23 Trustee shall mean the corporate trustee acting at any time under the Trust Agreement.
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2.24 Masculine pronouns used herein shall refer to men or women or both, and nouns when stated in the singular shall include the plural and when stated in the plural shall include the singular wherever appropriate. Section 3Eligibility and Participation 3.1 Each Employee on January 1, 1972, who has both completed two (2) or more years of Continuous Service and attained the age of twenty-five (25) shall become a Participant on January 1, 1972, providing he had not attained age fifty-five (55) at date of employment. 3.2 Each other Employee, and each person who becomes an Employee on or subsequent to January 1, 1972, shall be eligible to become a Participant on the January 1 when he has both completed two (2) years of Continuous Service and attained age twenty-five (25) provided he had not attained his fifty-fifth (55th) birthday at date of employment. Section 4Normal Retirement. 4.1 Each Participant upon retirement on his Normal Retirement Date is entitled to begin receiving an annual Retirement Income payable in monthly installments. The amount of each monthly Retirement Income payment to a Participant shall equal one-twelfth (1/12th) of the amount produced by applying the appropriate percentage as set forth in paragraph 4.2 below. 4.2 Column I Column II Column III Completed Years of Continuous Service Percentage to be Applied to first $6,000 of Participant's Career Average Earnings Percentage to be Applied to Participant's Career Average Earnings in Excess of $6,000 Less than 10 .00% .00% 10 but less than 11 10.00% 15.00% 11 but less than 12 11.00 16.50 12 but less than 13 12.00 18.00 13 but less than 14 13.00 19.50 14 but less than 15 14.00 21.00 15 but less than 16 15.00 22.50 16 but less than 17 16.00 24.00 17 but less than 18 17.00 25.50 18 but less than 19 18.00 27.00 19 but less than 20 19.00 28.50 20 but less than 21 20.00 30.00 21 but less than 22 21.00 31.50 22 but less than 23 22.00 33.00 23 but less than 24 23.00 34.50 24 but less than 25 24.00 36.00 25 but less than 26 25.00 37.50 26 but less than 27 26.00 39.00 27 but less than 28 27.00 40.50 28 but less than 29 28.00 42.00 29 but less than 30 29.00 43.50 30 or more 30.00 45.00
Page 4042
Section 5Early Retirement 5.1 A Participant who has completed fifteen (15) or more years of Continuous Service may retire on the first (1st) day of any month between his fifty-fifth (55th) and sixty-fifth (65th) birthdays. 5.2 A Participant who retires in accordance with the provisions of paragraph 5.1 shall be entitled to receive a reduced annual Retirement Income, payable in monthly installments, beginning on his Early Retirement Date. Such reduced annual Retirement Income shall be determined by multiplying (a) times (b), where: (a) is the amount of the Participant's Accrued Retirement Income, and
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(b) is the proper early retirement factor shown below: Completed Years by Which the Early Retirement Date Precedes the Normal Retirement Date Early Retirement Factor to be Applied in Accordance with Paragraph 5.2 (b) Above * * Interpolate for Months Males Females 10 years .388 .426 9 .423 .461 8 .461 .500 7 .504 .542 6 .552 .589 5 .606 .640 4 .666 .698 3 .734 .761 2 .812 .832 1 .900 .911 0 1.000 1.000 Section 6Postponed retirement. 6.1 At the request of the City, a Participant may remain in employment beyond his Normal Retirement Date for such period or periods as shall from time to time be mutually agreed upon. Each Participant so remaining shall retire from employment on the first (1st) day of the month coinciding with or next following the end of the last agreed period. 6.2 A Participant whose retirement is postponed beyond his Normal Retirement Date shall begin receiving Retirement Income Payable in monthly installments beginning on his Postponed Retirement Date. 6.3 The amount of each monthly Retirement Income payment shall be the same as the Participant's Retirement Income
Page 4044
would have been had he retired on his Normal Retirement Date. No additional Retirement Income shall accrue to any Employee after his Normal Retirement Date. Section 7Termination of employment. 7.1 A Participant who terminates his employment other than by death or retirement prior to completing fifteen (15) years of Continuous Service shall not be entitled to receive any benefits under this Plan. Any forfeitures arising from termination of employment shall be used to reduce future Employer Contributions. 7.2 Subject to the provisions of paragraph 7.3, a Participant who terminates his employment other than by death or retirement after completing fifteen (15) years of Continuous Service is entitled to receive a Retirement Income payable in monthly installments, commencing on, and in the event he survives to, his Normal Retirement Date and continuing thereafter during the Participant's lifetime. The amount of the terminated Participant's Retirement Income shall be an amount equal to the Participant's Accrued Retirement Income as of his Termination Date. 7.3 Nothwithstanding anything to the contrary contained herein, if the employment of a Participant is terminated as a result of dishonesty, fraud, gross neglect of duty, or intentional damage to the property of the City, such Participant shall not be entitled to any Retirement Income under this Plan. Provided, however, that this paragraph shall be null and void as to any event occurring after the permanent discontinuance of contributions under this plan. Section 8Form of retirement income. 8.1 Normally, Retirement Income payable under the provisions of Sections IV, V or VI will be paid monthly and will equal one-twelfth (1/12th) of the annual Retirement Income. Monthly Retirement Income payments to the Participant will cease with the last payment due immediately prior to the date of death of the Participant.
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8.2 At any time not later than two (2) years prior to his Early Retirement Date or Normal Retirement Date (or later if evidence of good health satisfactory to the City is provided), a Participant may elect, with the consent of the Committee, by giving notice in writing of such election to the Committee, to convert the normal form of his Retirement Income to an optional form of Retirement Income. The optional form of Retirement Income shall be the Actuarial Equivalent of the Retirement Income which would otherwise be payable to the Participant under the provisions of paragraph 8.1 on a life annuity basis. 8.3 In the case of a Participant who is within two (2) years of his Normal Retirement Date on the Effective Date of the Plan, he shall be entitled to request the election specified in paragraph 8.2, provided such election is made prior to the earlier of his actual retirement or July 1, 1972. 8.4 Once an optional form of Retirement Income has been elected, it cannot be modified or rescinded except with the express consent of the Committee. Section 9Administration of the plan. 9.1 The Plan shall be administered by a Retirement Committee consisting of three (3) Employees (who may or may not be Participants). The members of the Retirement Committee shall be appointed and serve at the pleasure of the Mayor and Board of Aldermen. The Mayor Board of Aldermen shall have the right to fill interim vacancies. The members of the Committee shall serve without compensation for services as such. The initial appointment of members of the Committee shall be for 1, 2 and 3 years. Appointment thereafter shall be for a period of three (3) years. 9.2 The Committee shall have the following specific powers and duties: (a) It shall be the duty of the Committee to administer the Plan in accordance with the terms of the Plan.
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(b) The Committee shall keep records containing all relevant data pertaining to individual Participants and their rights. Eligible Employees Participants may consult with the Committee on any matter relating to the Plan. 9.3 All interpretations, determinations and decisions of the Committee in respect of any matter hereunder shall be final, conclusive and binding upon the Participants and all other persons claiming any interest under the Plan. Any action taken by the Committee will be in a uniform and nondiscriminatory manner. 9.4 In administering the Plan, no member of the Committee shall be liable for any act of omission or commission except his own individual, willful and intentional malfeasance or misconduct. 9.5 The Committee shall be entitled to rely conclusively upon all tables, valuation certificates, opinions and reports which shall be furnished by an Actuary, accountant, comptroller, counsel or other person who shall be employed or engaged by the City. Section 10Facility of payment of retirement income. 10.1 No Retirement Income payable under the Plan shall be subject in any manner to anticipation, assignment, garnishment or pledge and any attempt to anticipate, assign, garnishee or pledge the same shall be void and no such benefits shall be in any manner liable for or subject to the debts, liability, engagements or torts of any Participant; and, if any Participant or beneficiary shall become bankrupt or attempt to anticipate, assign or pledge any Retirement Income, then such Retirement Income shall, in the discretion of the Committee, cease, and in this event the Committee shall have authority to cause the same or any part thereof to be held or applied to or for the benefit of such Participant or beneficiary, his children or other dependents, or any of them, in such manner and such proportion as the Committee may deem proper.
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10.2 If, for any reason, the Committee shall consider that it is undesirable, because of the physical or other incapacity of a Participant or beneficiary entitled thereto, to make any payment provided herein directly to such person, the Committee shall be at liberty to direct application of any such payment for the benefit of such Participant or beneficiary in any way that it shall deem advisable, or to direct the making of such payments to any third person, who in the judgment of the Committee, will apply the same for the benefit of the Participant or beneficiary entitled thereto. Any such payment for the benefit of the Participant or beneficiary entitled thereto, or a third person for his benefit, shall be a complete discharge of all liability of the Plan therefor. The Committee may direct the withholding of any payment to a Participant under legal disability until a representative of such person competent to receive such payment in his behalf shall have been appointed pursuant to law. 10.3 If a Participant who is receiving Retirement Income under the provisions of Section IV, V or VI of the Plan is subsequently re-employed by the City, his Retirement Income shall cease during such re-employment. Commencing with the month following the month in which subsequent cessation of active service occurs, the Participant shall again begin receiving Retirement Income, but such Retirement Income shall not be adjusted in any way with regard to the period of re-employment, and the Participant shall not accrue any additional Continuous Service as a result of such re-employment. Section 11Method of financing. 11.1 A Trustee shall be designated by the Mayor and Board of Aldermen and a Trust Agreement executed between the City and such Trustee under the terms of which a Trust Fund shall be established to receive and hold contributions payable by the City and income thereon, and to pay the benefits provided by the Plan. 11.2 The City shall contribute to the Trust such amounts as are deemed necessary to fund the Retirement Income
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provided by the Plan; provided, however, that any actuarial gains arising from actuarial experience under the Plan will be used to reduce the City contributions and will not be used to increase any benefits payable under the Plan. All City contributions when made to the Trust Fund and all property and funds of the Trust Fund, including income from investments and from all other sources, shall be retained for the exclusive benefit of Participants and shall be used to pay Retirement Income provided hereunder or to pay expenses of administration of the Plan and the Trust Fund to the extent not paid by the City. The City may cancel the Trust Agreement subject only to the provisions of said Trust Agreement; provided, however, that the Trust Fund shall be retained for the exclusive benefit of Participants, except as provided in paragraph 12.4 of the Plan. Section 12Amendment or termination. 12.1 The City hopes and expects to continue the Plan indefinitely but nevertheless reserves the right to amend, modify, suspend or terminate the Plan; provided, however, that no such action shall after the Plan or its operation with respect to Participants who shall have retired under this Plan prior to such action. Notwithstanding the foregoing, however, any modification or amendment of the Plan may be made retroactively, if necessary or appropriate to qualify or maintain the Plan as a plan meeting the requirements of the Internal Revenue Code, as now in effect or hereafter amended, or any other provisions of the Law, as now in effect or hereafter amended or adopted, and any regulation issued thereunder. 12.2 In the event the Plan shall be terminated at any time by the City, or if the contributions to the Plan shall at any time be permanently discontinued by the City, the then present value of the Retirement Income earned by each Participant as of the date of termination shall be determined and the assets of any fund then held by the Trustee as reserves for Retirement Income for Participants or beneficiaries as of the date of termination shall be allocated, to the extent that they shall be sufficient after providing for expenses
Page 4049
of administration, for the benefit of such Participants and beneficiaries in the order of precedence set forth below: (a) First, there shall be set aside for each retired Participant and beneficiary receiving Retirement Income and for each active Participant who shall have postponed his retirement in accordance with Section VI, an amount which will provide for him the Retirement Income to which he is entitled under the terms of the Plan on the date of its termination. (b) There shall next be set aside for each Participant not included in the category set forth in subparagraph 12.2 (a) who shall have qualified under the provisions of Section V for early retirement an amount which will provide for him the Retirement Income, payable at his Normal Retirement Date, to which he is entitled under the terms of the Plan on the date of its termination. (c) There shall next be set aside for each Participant not included in the categories set forth in subparagraphs 12.2 (a) and (b) who shall have qualified under the provisions of Section VII for Accrued Retirement Income an amount which will provide for him the Retirement Income, payable at his Normal Retirement Date, to which he is entitled under the terms of the Plan on the date of its termination. (d) There shall next be set aside for each Participant not included in the categories set forth in subparagraphs 12.2 (a), (b) and (c) an amount which will provide for him the Retirement Income, payable at his Normal Retirement Date, to which he is entitled under the terms of the Plan on the date of its termination. 12.3 If the assets of any fund held by the Trustee as reserves for Retirement Income for Participant and beneficiaries, as of the date the Plan is terminated, are not sufficient to provide in whole the amounts required within the classes described in paragraph 12.2, such assets will be allocated
Page 4050
on a pro rata basis within the class in which the amounts first cannot be provided in full. After all liabilities of the Plan have been satisfied, the City shall be entitled to any balance of the Trust Fund which shall remain. 12.4 The City may direct that any Retirement Income payable in accordance with paragraph 12.2 shall be provided through the continuance of the existing Trust Agreement or through a new instrument for that purpose or through the purchase of an annuity contract or contracts from an insurance company, or by a combination thereof as it may decide. If the allocations produce Retirement Income of less than one hundred twenty dollars ($120) a year, a lump sum payment, which is the Actuarial Equivalent of such Retirement Income, may be paid in lieu thereof. 12.5 Notwithstanding anything in the Plan to the contrary, if the Plan is terminated by the City or the full current costs have not been funded prior to the date of January 1, 1982, the benefits which become payable during the Restricted Period (as defined below) to any Restricted Employee (as defined below) shall be limited to such Employee's Unrestricted Benefits (as defined below) at that time. For the purpose of the preceding sentence: (a) Restricted Employee shall mean each of the twentyfive (25) highest paid Employees of the City on January 1, 1972, whose anticipated annual Normal Retirement Income exceeds $1,500. (b) Restricted Period shall mean the period from January 1, 1972 to the later of January 1, 1982 or the date on which the full current costs have been funded for the first time. (c) Unrestricted Benefits of any Employee shall mean the annual Retirement Income of such Employee provided by the City's contributions which do not exceed the greater of: (i) $20,000, or (ii) The amount computed by multiplying 20% of the
Page 4051
first $50,000 of such Employee's annual compensation by the number of years from January 1, 1972 to the earliest of the date of termination of the Plan, the date the Employee's benefit becomes payable, and the date as of which the full current costs of the Plan were not funded. 12.6 This provision shall not restrict the current payment of full Retirement Income called for by the Plan to any retired Participant or beneficiary while the Plan is in full effect and its full current costs have been met, nor shall it restrict the payment of any Retirement Income benefit withheld for prior years (under the foregoing provisions) after all deficits for all prior years and full current costs have been met. Section 13General provisions. 13.1 The Plan shall not be deemed to constitute a contract between the City and any Participant or to be a consideration for, or an inducement for the employment of the Employee. Nothing contained in the Plan shall be deemed to give any Employee the right to be retained in the service of the City or to interfere with the right of the City to discharge any Employee at any time without regard to the effect which such discharge shall have upon him as a Participant in this Plan. 13.2 While it is the intention of the City that this Plan shall be continued and that its contributions shall be made regularly each year, the Plan is entirely voluntary on the part of the City and the continuance of the Plan and the payments hereunder are not assumed as a contractual obligation of the City, and the City does not guarantee or promise to pay or cause to be paid any of the Retirement Income provided by the Plan. Each Participant or other person who shall claim the right to any payment of Retirement Income under the Plan shall be entitled to look only to the Trust Fund for such payment and shall not have any right, claim or demand therefor against the City. 13.3 Whenever in the administration of the Plan any action by the Committee is required with respect to eligibility
Page 4052
or classification of Employees or contributions or benefits, such action shall be uniform in nature as applied to all persons similarly situated and should not discriminate in favor of employees who are officers, persons whose principal duties consist in supervising the work of other employees, or highly compensated employees. 13.4 All city employees coming under this plan who are now covered by the retirement plan adopted by the City of Newnan in 1948, shall in no event receive less than $100.00 per month as retirement compensation under this plan provided they meet the requirement of 30 years continuous service and are of the age of 55. 13.5 The Plan shall be construed and interpreted in accordance with the Laws of the State of Georgia. Be it further ordained that all provisions in the municipal charter in conflict with this amendment be and the same are hereby repealed. Adopted for the first time in open session by the Mayor and Board of Aldermen of the City of Newnan, this 8th day of May, 1972. /s/ Joe P. Norman Mayor /s/ T. E. Craft /s/ Roy J. Cornay /s/ Ed Long /s/ Inez Slaton Aldermen Attest: /s/ Martha C. Ball City Clerk
Page 4053
Reviewed: /s/ Richard A. Bolin City Manager Reviewed: /s/ Charles L. Goodson City Attorney Adopted for the second time in open session by the Mayor and Board of Aldermen of the City of Newnan, this 12th day of June, 1972. /s/ Joe P. Norman Mayor /s/ T. Ed Craft /s/ Roy J. Cornay /s/ Ed Long /s/ Inez Slaton Aldermen Attest: /s/ Martha C. Ball City Clerk Reviewed: /s/ Richard A. Bolin City Manager Reviewed: /s/ Charles L. Goodson City Attorney
Page 4054
Certificate of City Clerk. I hereby certify that the attached and foregoing is a true and correct copy of an Ordinance of the City of Newnan, Georgia, adopted by the Mayor and City Council at a regular meeting held on the 8th day of May, 1972; and adopted for the second time in regular session on the 12th day of June, 1972. Witness my hand and the official seal of the City of Newnan, Georgia, this 14th day of June, 1972. /s/ Martha C. Ball City Clerk (Seal). Legal Notice. Notice is hereby given in accordance with Georgia Code Section 69-1017 that at the regular meeting of the Mayor and Council held on May 8th, 1972, there was an ordinance adopted to amend the municipal charter of the City of Newnan to repeal Article XII (section 12-1 thru section 12-21) entitled Pension and Other Benefits and to substitute in lieu thereof a new Article XII entitled City of Newnan Retirement Plan and to provide eligible employees of the City of Newnan some degree of financial security upon their retirement. Copies of the proposed amendment are on file in the office of the Clerk of the City of Newnan and in the office of the Clerk of the Superior Court of Coweta County. The Clerk of the City of Newnan will furnish a copy of the proposed amendment to anyone upon request. The proposed amendment will come up for a second vote at the regular meeting of the Mayor and Council to be held on June 12, 1972. /s/ Charles L. Goodson City Attorney
Page 4055
Georgia, Coweta County. Personally appeared before the undersigned officer authorized to administer oaths, E. W. Thomasson, who, after being duly sworn deposes and states as follows: That he is the editor of the Newnan Times-Herald, the newspaper of general circulation in Newnan, Coweta County, Georgia, in which the Sheriff's advertisements appear; That the within and foregoing legal notice was published once a week for three weeks on May 25, June 1, and June 8, 1972. /s/ E. W. Thomasson Editor Sworn to and subscribed before me, this the 14th day of June, 1972. /s/ Deborah Aldridge Notary Public, Georgia State at Large (Seal). Filed in Office of Secretary of State, June 16, 1972. CITY OF SAVANNAHNEW PENSION PLAN PROVIDED. An ordinance to amend the Charter of the Mayor and Aldermen of the City of Savannah pursuant to the provisions of the Home Rule Act of 1965, to provide a new pension plan; to repeal conflicting laws and ordinances; and for other purposes. Be it ordained by the Mayor and Aldermen of the City of Savannah in Council assembled. Section 1. The Charter of the Mayor and Aldermen of
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the City of Savannah is hereby amended to provide for a new pension plan for City employees as follows: See attached booklet Section 2. All laws or Ordinances in conflict herewith are hereby repealed. /s/ John P. Rousakis Mayor Attest: /s/ Katherine S. Redmond Clerk of Council I, Katherine S. Redmond, Clerk of Council of The Mayor and Aldermen of the City of Savannah, do hereby certify that the foregoing is a true and correct copy of an Ordinance adopted and approved by the Mayor and Aldermen of the City of Savannah, in Council assembled, June 8, 1972. /s/ Katherine S. Redmond Clerk of Council (Seal). ARTICLE I ESTABLISHMENT OF PLAN The City of Savannah Employees' Retirement Plan (hereinafter referred to as the Plan) is hereby established subject to the provisions hereof, for the primary purpose of providing retirement and disability income security to the employees of the City who are or shall be covered hereunder.
Page 4057
ARTICLE II DEFINITIONS As used herein: 1. City shall mean City of Savannah, Georgia, the Mayor and Aldermen of the City of Savannah, Georgia. 2. Employer shall mean the City of Savannah, Georgia. 3. General Employee shall mean any person who on or after January 1, 1972 is employed by the City as a full time employee in a job other than as a fireman or as a law enforcement officer. With respect to a general employee who was covered under the original City of Savannah Retirement Plan and who elected not to become a Participant in the Supplemental Retirement Plan, he shall not be considered as an employee for the purpose of this Plan. 4. Police and Fire Employee shall mean any person who, on or after the Effective Date of this Plan, is employed by the City as a full time fireman or law enforcement officer. 5. Full Time Employee shall mean a salaried employee who is normally scheduled to work twenty (20) hours per week or more for a period of five (5) months or more per year. 6. Plan shall mean the City of Savannah Employees' Retirement Plan. 7. Participant shall mean an employee who is eligible for participation in the Plan under Article V hereof and who elects to become covered under the Plan as provided in Article VI hereof. 8. Effective Date shall mean July 1, 1972. 9. Anniversary Date shall mean July 1, 1973 and each July 1 thereafter.
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10. Continuous Service shall mean the sum of the years and months of uninterrupted service an employee shall have with the City from his most recent date of employment therewith. 11. Credited Service shall mean a Participant's total service from date of employment or appointment including both past service credit, if any, and future service credit. Future service credit must be continuous service. 12. Basic Monthly Earnings shall mean basic monthly compensation exclusive of overtime pay. 13. Final Pay and Final Average Earnings shall mean the average of the five (5) consecutive years of highest basic annual earnings after the Effective Date of this Plan in the ten (10) years immediately preceding retirement. 14. Retirement Board and Board shall mean the Pension Advisory Board as provided in Article IV hereof. 15. Words written in the singular shall include the plural, words in the plural shall include the singular, words of the masculine gender shall include the feminine gender and words of the feminine gender shall include the masculine gender unless the context shall clearly and absolutely indicate a restrictive meaning. 16. Occupational Disability shall mean total and permanent disability which results from an accident or sickness sustained in the course of employment. 17. Non-occupational Disability shall mean total and permanent disability which is the result of an accident or sickness which was not sustained in the course of employment. 18. Total and Permanent Disability shall mean a disability the medical prognosis of which is that it shall be both total and permanent and which thereby prevents an employee from engaging in any job or occupation for remuneration or profit.
Page 4059
ARTICLE III The provisions of the City of Savannah Employees' Retirement Plan shall apply to all regular, full time employees of the City as defined in Article II hereof including Police, Fire and general employees of the City. ARTICLE IV ADMINISTRATION OF PLAN A. Pension Board The Plan shall be administered by a Pension Board consisting of eight members as follows: (1) The City Manager (2) The Chief Financial Officer of the City (3) A Police employee selected by the Police employees. (4) A Fire employee selected by the Fire employees. (5) A General employee selected by the General employees. (6) A member of the City Council selected by the City Council. (7) Two citizens at large selected by the Mayor and Aldermen. The City Manager and the Chief Financial Officer of the City shall serve as permanent members of the Board. The City Council member shall serve during his term of office. The other members shall serve a four year term. The Board shall have such powers as are necessary for the proper administration of the Plan including, but not limited to, the following:
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(1) To prescribe procedures to be followed by Participants in filing applications for benefits and for the furnishing of evidence necessary to establish employees' rights to such benefits; (2) To make determinations as to the rights of any Participant applying for or receiving retirement benefits, and to afford any such individual dissatisfied with any such determination the right of a hearing thereon; (3) To develop procedures for the establishment of Credited Service of Participants, and, after affording Participants an opportunity to make objection with respect thereto, to establish such service conclusively in advance of retirement; (4) To select a Plan consultant and actuary; (5) To receive periodic (not more often than once a year) actuarial valuations of the Plan; (6) To select a funding media of the Plan, to select an investment advisor, to delegate the responsibility for investment of fund assets to a bank, an insurance company or an investment advisor or to select any combination of these funding media and/or investment facilities and services. (7) To obtain from the City, the institution used as the funding media of the Plan, the Plan consultants and actuaries, if any, and from the Participants such information as shall be necessary for the proper administration of the Plan. To the extent that sound actuarial and accounting principles permit, the Board may coordinate its activities in the administration of the Plan with the administrative activities of the governing board or boards of any other Pension Plan or Group Insurance Plan established or to be established for employees of the City of Savannah or the employees of any other political subdivision, to the extent permitted
Page 4061
by law, to such extent and upon such terms as may be deemed necessary or desirable by the Board, including but not limited to the use of common offices, personnel, professional advisors, records, beneficiary designations, notices, supplies and equipment. The Board will meet as often as is necessary to conduct the business of the Board but not less often than quarterly. To constitute a quorum for the transaction of business, there shall be required to be present at any meeting of the Board at least a majority of the members of the Board. Decisions of the Board shall be by a majority of the votes cast and shall be binding. B. Pension Administrator The City Manager will appoint a Pension Administrator whose duties will be to maintain an office for implementation of procedures, policies and decisions set forth by the Board. C. Pension Fund The Mayor and Aldermen shall create a Pension Fund and shall contribute to this Fund monthly. Employees will make regular contributions to the Pension Fund. The amount of the employee's contribution shall be three per cent (3%) of his basic monthly earnings. The City's annual contribution will be that amount necessary in addition to the employees' contributions to fund and to provide the benefits stipulated herein on an actuarially sound basis. D. Evaluation of Investment Performance From time to time, but no less often than annually, the Pension Board will evaluate the performance of the investment institution and determine whether or not to retain the services of the investment institution or to secure the services of a different investment institution.
Page 4062
ARTICLE V ELIGIBILITY TO PARTICIPATE A. Current Employees Each full time employee of the City, as defined in Article II hereof, except for those Police and Fire employees who have one (1) or more years of credited service on the Effective Date, shall participate in the Plan and shall make contributions thereto as required in Article VI hereof. Those Police and Fire employees with one (1) or more years of credited service of the Effective Date shall participate hereunder unless they make an irrevocable election in writing no later than ten (10) days after the Effective Date of the Plan not to participate, in which event they shall continue to participate in the Pension Plan under which they were covered prior to the Effective Date of this Plan. Any Police or Fire employees making such an irrevocable election shall not thereafter be eligible to participate in this Plan. B. New Employees All full time employees who shall become employed with the City subsequent to the Effective Date shall participate in the Plan on the first day of the month following their date of employment and shall make contributions to the Plan as required in Article VI hereof as a condition of employment. C. Absence on Initial Eligibility Date Anything herein to the contrary notwithstanding, any employee who, on the date he becomes eligible to participate hereunder, is absent from his work because of an injury or disease sustained in the course of his employment with the City with respect to which he receives Workmen's Compensation benefits, and/or authorized leave of absence shall be allowed to become a Participant hereunder upon his return to full time employment with the City without regard to the date thereof. Further, any employee of the City who shall at
Page 4063
any time have met the service requirements of Article V but shall, prior to being offered the opportunity of participating hereunder, have interrupted his service with the City for the purpose of serving a term of active duty in the Armed Forces of the United States, shall be allowed to become a Participant hereunder without regard to the date thereof, upon his return to employment with the City within three (3) months of the time he first becomes eligible for discharge from said Armed Forces. D. Creding of Service 1. Past Service Each employee who becomes a Participant as of the Effective Date shall receive past service credit equal to the number of years and months of his full time service with the City prior to the Effective Date. Such credit shall include his service with any and all departments of the City, without regard to whether or not the employees of said department are eligible to participate herein. 2. Future Service Commencing with the Effective Date, a Participant shall receive future service credit equal to the number of years and months of his continuous participation in the Plan. No future service credits will be given for any period of time during which a Participant shall fail for any reason to make contributions to the Plan. 3. Break in Service An interruption of continuous, full time service with the City of more than three (3) months shall constitute a break in service whereby a Participant shall lose his Credited Service hereunder, except (a) An employee who is absent from his work because of an injury or disease sustained in the course of his employment with the City with respect to which he receives
Page 4064
Workmen's Compensation benefits shall not be considered to have had a break in service. (b) An employee who interrupts his service with the City for the purpose of serving a term of active duty in the Armed Forces of the United States and who returns to employment with the City within three (3) months of the time he first becomes eligible for discharge from said Armed Forces shall not be considered to have had a break in service, and (c) Authorized leave of absence with or without pay not to exceed 11 months. 4. Credited Service During a Period of Interruptive Service With respect to an employee who is absent from his work because of an injury or disease sustained in the course of his employment with the City with respect to which he received Workman's Compensation benefits and with respect to an employee on an authorized leave of absence with pay, credited service under this Plan shall be given said employee during such period as though he continued in employment without said interruption of service provided however that no credited service shall be granted for any period during which said employee is receiving retirement benefits hereunder. Except with respect to the foregoing, no credited service shall be granted for any period for interrupted service. 5. Reinstatement of Credited Service In the event an employee shall have an interruption of his continuous service which shall constitute a break in service and in the event he shall be re-employed by the City as a full time employee within four years of the date of his termination of employment with the City, said employee may have his Credited Service hereunder reinstated be reimbursing the Pension Fund in an amount equal to the contributions he had made to the Fund plus interest to the date
Page 4065
of his termination of employment (if said contributions plus interest were paid to him upon his termination of employment) plus interest thereon from his date of termination of employment to the date of his re-employment compounded at the rate of interest realized by the Fund for the period during which he was not a Participant hereunder. 6. In computing a Participant's total Credited Service hereunder, periods of less than a full year shall be calculated as the appropriate fractional part of twelve (12) month period. ARTICLE VI EMPLOYEE CONTRIBUTIONS A. Eligibility to Participate An employee shall contribute to the cost of the Plan an amount equal to three per cent (3%) of his basic monthly earnings, said contribution commencing with the month in which the Participant first becomes eligible to participate in the Plan and continuing so long as he shall remain a Participant thereunder. ARTICLE VII BENEFITS A. Uniform Personnel of the Police and Fire Departments 1. Retirement (a) Retirement Date The retirement date for uniform personnel of the Police and Fire departments shall be the first day of the month coincident with or next following the date the Participant attains the age of sixty (60) and the completion of ten (10) or more years of credited service, provided however that after the completion of twenty-five (25) or more years of
Page 4066
credited service a Participant may retire on the first day of any month following the attainment of age fifty-five (55). (b) Retirement Benefit (1) Benefit Upon Retirement At Age 60 The Participant upon retirement at age sixty (60) shall receive an annual benefit equal to (i) 2% of final average earnings for each of the first 25 years of credited service, plus (ii) 1% of final average earnings for each year in excess of 25 years of credited years of service up to a maximum of 40 years of total credited service. (2) Benefit Upon Retirement Prior to Age 60 The Participant upon retirement subsequent to the attainment of age 55 and prior to the attainment of age 60 shall receive an annual benefit equal to (i) 2% of final average earning for each of the first 16 years of credited service, plus (ii) 1% of final average earnings for each year of credited service in excess of 16 years but prior to the attainment of age 55, plus (iii) 2.8% of final average earnings for each year of credited service subsequent to the attainment of age 55 and prior to the attainment of age 60. 2. Commencement and Duration of Benefits Retirement benefits determined in accordance with A. 1 of this Article VII shall commence on the first day of the month coincident with or next following the Participant's retirement date and shall be payable on the first day of each month thereafter during the lifetime of the Participant
Page 4067
with a minimum of sixy (60) payments to the Participant or the beneficiary. 3. Occupational Disability Benefit (a) In the event a Participant shall become totally and permanently disabled as a result of accident or sickness sustained in the performance of his duties as an employee, he may retire on a Disability Pension, without regard to his years of Credited Service, on the first day of the month following ninety (90) days of such disability. (b) Whenever an application for an Occupational 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. Immediately thereupon the Pension Board shall order the applicant to be examined by a physician named by the Board who likewise shall certify the physical ability or disability of the applicant. The Pension Board may conduct a hearing for the purpose of determining the true condition of the applicant. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application who shall be sworn, and both the applicant and Pension Board may be represented by legal counsel if they so desire. Copies of documents may be received as evidence in lieu of the original at the discretion of the Board, and affidavits shall be filed with the Board at the time of the hearing. The decision of the Board shall be final as to the physical or mental condition of the applicant. 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. In the event any such Participant receiving disability pension shall be found, as a result of such examination, not to be disabled, the pension board may, after hearing evidence thereon, and providing an opportunity to such Participant to be heard, remove such Participant from the list of those entitled to Disability Pension; it shall be prerequisite to such removal from the pension list, that such Participant shall be tendered a position with the City having
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the same or equal pay with that position which such Participant held at the time the Disability Pension was granted. Provided, however, 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 withhold payments of his benefits until he submits to such examination and the Participant shall be deemed to have forefeited his benefits during the time of his refusal to submit to a physical examination. Anything herein to the contrary notwithstanding, the Board shall have the right to accept a certificate of disability award by the Social Security Administration as conclusive proof of the total and permanent disability of a Participant in lieu of any and all other evidence herein required. (c) A participant qualifying for Occupational Disability Retirement shall receive a retirement benefit which shall be equal to the benefit he would have received if, on the date of his retirement, he were age 60 and had completed 25 or more years of service. 4. Survivor's Benefit (a) In the event a Participant, or a former Participant receiving Occupational Disability benefits, should die as a result of an accident or illness incurred in the performance of his duties as an employee, there shall be payable to his spouse a monthly Survivor's Benefit commencing with the first day of the month following the date of said Participant's death. (b) The survivor of a Participant who dies as a result of an accident or illness incurred in the performance of his duties as an employee shall receive a monthly benefit equal to the benefit which the Participant would have received had he retired on an Occupational Disability Pension on the day preceding his death. Similarly, the survivor of a former Participant who was receiving Occupational Disability benefits at the time of his death shall receive a monthly benefit
Page 4069
equal to the monthly Occupational Disability benefit said deceased former Participant was receiving as an Occupational Disability Pension. Said monthly Survivor's Benefit shall commence with the first day of the month following the death of the Participant and shall cease with the last monthly payment immediately preceding the death or remarriage of the surviving spouse, provided, however, that should the Participant in addition to being survived by his spouse, be survived by a minor child or children, said monthly Survivor's Benefit shall cease with the last monthly payment immediately preceding the death or remarriage of the surviving spouse, the death or marriage of the last surviving minor child or the attainment of age 18 of the last surviving minor child, whichever shall first occur. In the event that the Participant should not be survived by his spouse and should, on the date of his death leave surviving minor children, the monthly Survivor's Benefits shall be paid to the guardian of said minor children commencing with the first day of the month following the death of the Participant and shall cease with the last monthly payment immediately preceding the death, marriage or attainment of age 18, whichever shall first occur, of the last surviving minor child. B. General Employees General employees are all employees of the City of Savannah except uniformed employees of the Fire and Police departments. 1. Retirement Date (a) The retirement date for General employees shall be the first day of the month coincident with or the next following the date the Participant attains the age of sixty-five (65). (b) Retirement Benefit (1) The Participant, upon retirement at age sixty-five (65) with ten or more years of credited service to forty years of total service shall receive a monthly benefit based
Page 4070
on the following benefit formula: 2% of final average pay for each of the first 25 years of service and 1% of final average pay for the excess of 25 years of service up to a maximum of 40 years of total service. The payment shall commence on the first day of the month coincident with or next following his attainment of age sixty-five (65) and shall be payable on the first day of each month thereafter during the lifetime of the Participant with a minimum of sixty (60) payments to the Participant or his beneficiary. Anything herein to the contrary notwithstanding, with respect to those General employees who were excluded herefrom under Article II, subsection 3, there shall be provided retirement benefits therefor as set forth in this Article VII for each such employee who shall agree to contribute to the Pension Reserve Fund in accordance with Article VI, Section A. subsection 2 hereof, such contribution commencing July 1, 1972. Such employee shall comply with all age and service requirements of this Plan in order to obtain the benefits set forth herein. 2. Alternative Retirement of General Employees (a) Alternative Retirement Date The alternative retirement date of a general employee shall be the first day of any month following the attainment of age sixty (60) and completion of at least ten (10) years of service. (b) Alternative Retirement Benefit A participant, upon retirement on his alternative retirement date, shall receive an immediate monthly early retirement benefit under which payment shall commence on the alternative retirement date of the Participant and shall be payable on the first day of each month thereafter during the lifetime of the Participant with a minimum of sixty (60) monthly payments to the Participant or his beneficiary. The annual retirement benefit for alternative retirement shall be reduced by five-tenths of one percent (.5 of 1%)
Page 4071
for each month by which the Participant's early retirement date precedes his retirement at age 65. 3. Occupational Disability Benefit (a) In the event a Participant shall become totally and permanently disabled as a result of accident or sickness sustained in the performance of his duties as an employee, he may retire on a Disability Pension, without regard to his years of Credited Service, on the first day of the month following ninety (90) days of such disability. (b) Whenever an application for an Occupational 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. Immediately thereupon the Pension Board shall order the applicant to be examined by a physician named by the Board who likewise shall certify the physical ability or disability of the applicant. The Pension Board may conduct a hearing for the purpose of determining the true condition of the applicant. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application who shall be sworn, and both the applicant and Pension Board may be represented by legal counsel if they so desire. Copies of documents may be received as evidence in lieu of the original at the discretion of the Board, and affidavits shall be filed with the Board at the time of the hearing. The decision of the Board shall be final as to the physical or mental condition of the applicant. 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. In the event any such Participant receiving disability pension shall be found, as a result of such examination, not to be disabled, the pension board may, after hearing evidence thereon, and providing an opportunity to such Participant to be heard, remove such Participant from the list of those entitled to Disability Pension, it shall be prerequisite to such removal from the pension list that such Participant shall be tendered a position with the City having
Page 4072
the same or shall receive a monthly benefit equal to the benefit which the Participant would have received had he retired on an Occupational Disability Pension on the day preceding his death. Similarly, the survivor of a former Participant who was receiving Occupational Disability benefits at the time of his death shall receive a monthly benefit equal to the monthly Occupational Disbility benefit said deceased former Participant was receiving as an Occupational Disability Pension. Said monthly Survivor's Benefit shall commence with the first day of the month following the death of the Participant and shall cease with the last monthly payment immediately preceding the death or remarriage of the surviving spouse, provided, however, that should the Participant in addition to being survived by his spouse, be survived by a minor child or children, said monthly Survivor's Benefit shall cease with the last monthly payment immediately preceding the death or remarriage of the surviving spouse, the death or marriage of the last surviving minor child or the attainment of age 18 of the last surviving minor child, whichever shall first occur. In the event that the Participant should not be survived by his spouse and should, on the date of his death leave surviving minor children, the monthly Survivor's Benefits shall be paid to the guardian of said minor children commencing with the first day of the month following the death of the Participant and shall cease with the last monthly payment immediately preceding the death, marriage or attainment of age 18, whichever shall first occur, of the last surviving minor child. C. General The following benefits apply to both general employees and uniformed personnel of the Police and Fire departments alike. 1. Employees Over Retirement Age on Effective Date With respect to Police and Fire employees who are over age sixty (60) or General employees who are over age sixty-five (65) on the Effective Date of the Plan, years of credited
Page 4073
service hereunder shall be the total of said employees' years of service with the City. 2. Delayed Retirement (a) Delayed Retirement Date. On or after the Effective Date of this Plan a Participant may remain in the active employ of the City beyond age sixty-five (65) if such Participant is considered essential to the operation of his department by his department head and the City Manager, but in no event may he remain in the active employment of the City for more than one year beyond age sixty-five (65). The employment of employees appointed by the Mayor and Aldermen may be extended but in no event shall it be extended beyond age seventy (70). However, the accrual of Credited Service hereunder shall cease at age sixty-five (65) for Participants whose employment shall be extended beyond age sixty-five (65) on or after the Effective Date of this Plan. (b) Delayed Retirement Benefit The Participant, upon retirement on his Delayed Retirement Date, 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 Section A, with respect to Police and Fire employees and B, with respect to general employees, of this Article VII, but based on the Participant's Average Compensation and service as of his Delayed Retirement Date. 3. Non-Occupational Disability Benefit (a) A Participant while still in the employment of the City becoming totally and permanently disabled as a result of a non-occupational accident or sickness after completing ten or more years of Credited Service shall be eligible to retire on a Non-occupational Disability Pension with benefits commencing the first day of the month following the 180th day of such disability.
Page 4074
Whenever an application for a Non-occupational 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. Immediately thereupon the Pension Board shall order the applicant to be examined by a physician named by the Board who likewise shall certify the physical ability or disability of the applicant. The Pension Board may conduct a hearing for the purpose of determining the true condition of the applicant. Such hearing shall be conducted informally by the examination of witnesses for and in opposition to such application who shall be sworn, and both the applicant and Pension Board may be represented by legal counsel if they so desire. Copies of documents may be received as evidence in lieu of the original at the discretion of the Board, and affidavits shall be filed with the Board at the time of the hearing. The decision of the Board shall be final as to the physical or mental condition of the applicant. 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. In the event any such Participant receiving disability pension shall be found, as a result of such examination, not to be disabled, the pension board may, after hearing evidence thereon, and providing an opportunity to such Participant to be heard, remove such Participant from the list of those entitled to Disability Pension; it shall be prerequisite to such removal from the pension list, that such Participant shall be tendered a position with the City having the same or equal pay with that position which such Participant held at the time the Disability Pension was granted. Provided, however, 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 withhold payments of his benefits until he submits to such examination and the Participant shall be deemed to have forfeited his benefits during the time of his refusal to submit to a physical examination. Anything herein to the contrary notwithstanding, the Board shall have the right to accept a certificate of disability award by the Social Security Administration as conclusive
Page 4075
proof of the total and permanent disability of a Participant in lieu of any and all other evidence herein required. (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 Disability Retirement benefit shall be based upon his completed years of Credited Service and shall be determined in accordance with Section A, subsection 1, paragraph (b) (1) of this Article VII for Police and Fire employees and under Section B, subsection 1, paragraph (b) (1) of this Article VII for General employees, without regard to age. 3. Death Benefit (a) Prior to Retirement (1) When not eligible to retire If a Participant dies prior to the earliest date on which he could retire under this Plan his beneficiary shall receive a lump sum benefit equal to the Participant's contributions plus interest at a rate from time to time established by the Board on a uniform basis to preclude selection. (2) When eligible to retire If a Participant dies subsequent to the earliest date on which he could retire under this Plan and has not actually retired, the Participant's beneficiary shall receive sixty (60) monthly payments the amount of which shall be equal to the benefit the Participant would have received had he retired on the day preceding his death. Such benefits shall be in lieu of the return of the employee's contributions plus interest as herein provided except in such case as said contributions plus interest should be greater than the total
Page 4076
benefits which would have been paid over a sixty (60) month period. In no event may the beneficiary receive both a lump sum of the Participant's contributions plus interest and the sixty (60) months of benefits described. (b) After Retirement Retirement benefits hereunder are guaranteed for a minimum of sixty (60) monthly benefits. Therefore, should a Participant retire and die prior to having received sixty (60) monthly payments, the balance of the sixty (60) monthly benefit payments shall be paid to his beneficiary. 4. Vesting (a) Termination Prior to Age 40 and Ten Years of Credited Service In the event a Participant shall terminate his employment subsequent to his completion of three months of Credited Service but prior to his completing one (1) or more years of Credited Service, the Participant's contributions to the Fund shall be refunded to him. In the event he shall terminate his employment subsequent to the completion of one (1) year of Credited Service but prior to the attainment of age forty (40) and the completion of ten (10) years of Credited Service, his contributions shall be refunded with interest at a rate as shall from time to time be determined by the Pension Board. (b) Termination After Age 40 and Ten Years of Credited Service In the event a Participant should terminate his employment after attaining age 40 and completing ten (10) or more years of Credited Service and should he elect not to withdraw his contributions to the Fund, plus interest, he shall be entitled, upon reaching his normal or alternative retirement date, to receive a monthly retirement benefit hereunder. The amount of the deferred monthly retirement benefit shall be determined as though he had retired
Page 4077
under the Plan on an actual retirement date with the years of Credited Service which he had to his credit at the time of his termination of employment. Anything herein to the contrary notwithstanding, a Participant who shall terminate his employment with the City, shall qualify for a vested deferred benefit under this Article VII and who shall elect a return of his contributions to the Plan plus interest as herein provided shall forfeit his vested rights hereunder. In no event shall a terminating Participant be allowed to receive a return of contributions plus interest and remain entitled to a vested benefit hereunder. 5. Optional Benefits (a) Election of Optional Retirement Benefits In lieu of the normal or alternative retirement benefits provided hereunder, a Participant may elect to convert to one of the optional forms of retirement benefits herein set forth. An option shall be made by the Participant in writing no less than six months prior to his normal, alternative or deferred retirement date. (b) Description of Options The following are the optional forms of retirement benefits which a Participant may select: (1) Option 1: Life Income A Participant who will become eligible for normal or alternative retirement benefits hereunder may, upon his election not less than six (6) months prior to his actual retirement date or (with respect to employees who, on the Effective Date, shall be within six (6) months of retirement) within sixty (60) days of the Effective Date, elect to receive an increased monthly retirement income with said increased income being guaranteed to him for life but with all pension benefits ceasing with his death.
Page 4078
(2) Option 2: Joint and Survivor A Participant who will become eligible for normal or alternative retirement benefits hereunder may, upon his election not less than six (6) months prior to his actual retirement date or (with respect to employees who, on the Effective Date, shall be within six (6) months of retirement) within sixty (60) days of the Effective Date, take a reduced monthly retirement benefit with a continuation upon his death after retirement of one hundred percent (100%), sixty-six and two-thirds percent (66 2/3%), or fifty percent (50%) of said reduced monthly benefit to that person he might name as his Contingent Annuitant, with said continuation of income being for the life of said Contingent Annuitant. In the event said Contingent Annuitant shall predecease the Participant prior to his retirement, this election shall be null and void. However, once the Participant retires with a Contingent Annuitant Option in effect, the reduction shall be effective even though said Contingent Annuitant shall predecease the retired Participant. In the event a Participant desires to elect a Contingent Annuitant Option within six (6) months of his actual retirement date, it shall be necessary for him to furnish evidence of the insurability of both himself and his proposed Contingent Annuitant acceptable to the Pension Board. In no event shall election of a Contingent Annuitant Option be allowed when the proposed Contingent Annuitant is, except in the case of the spouse of the Participant, thirty (30) or more years younger than the Participant. (3) Option 3: Ten (10) Years Certain and Life Option A Participant who will become eligible for normal or alternative retirement benefits hereunder may, upon his election no less than six (6) months prior to the actual retirement date or (with respect to employees who, on the Effective Date, shall be within six (6) months of retirement) within sixty (60) days of the Effective Date, elect to receive a reduced monthly retirement income with said reduced income being guaranteed to him for a minimum of ten (10) years. This reduced monthly benefit shall be
Page 4079
payable for the life of said retired Participant provided that in the event of his death within the one hundred twenty (120) months of his actual retirement date the balance of the one hundred twenty (120) months benefit payments shall be paid to that beneficiary he shall have designated. In the event said beneficiary shall predecease the Participant prior to his actual retirement date, this election shall be null and void. In the event said beneficiary shall predecease said Participant after his retirement, the reduction in benefits shall continue. (4) Option 4: Social Security If a Participant who shall become eligible for normal or alternative retirement benefits hereunder should desire, he may elect to have his benefits increased from his actual retirement date until that date on which he commences to receive Social Security Retirement benefits with the monthly benefits being decreased from the date of commencement of Social Security Retirement benefits so as to, as nearly as is possible produce a level monthly retirement income over his total years of retirement from the standpoint of the dual retirement benefits payable from this Plan and Social Security. (5) Option 5: Lump Sum A Participant who shall become eligible for normal or alternative retirement benefits hereunder may, upon his election no less than six (6) months prior to the actual retirement date or (with respect to employees who, on the Effective Date, shall be within six (6) months of retirement) within sixty (60) days of the Effective Date, elect to reduce his monthly retirement income by up to ten percent (10%) of said monthly income in return for the payment to him of a lump sum of money at the time his monthly pension is first payable. Said benefit reduction must be by an even dollar amount which does not exceed ten percent (10%) of the monthly benefits otherwise payable and it must not result in a lump sum payment of less than two hundred fifty (250) nor more than two thousand five hundred
Page 4080
(2,500) dollars. The lump sum payable shall be based on the Participant's age on the Effective Date of his retirement and the amount shall be determined in accordance with appropriate actuarial tables applied on a uniform basis. 6. Beneficiary (a) Designation of 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 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 benefits under this plan shall cease. (b) Failure of Beneficiary Designation 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 that event, the person who shall constitute the beneficiary of the deceased Participant shall be determined as follows: (1) In the event the deceased Participant is survived by his or her spouse, then such surviving spouse shall be the beneficiary. (2) If the deceased Participant is not survived by his or her spouse, then the beneficiary shall be the deceased Participant's estate. 7. When Participant is Ineligible to Receive Benefits No Participant shall receive any benefits from this plan while any remuneration for services rendered on a contract basis or permanent full time basis as determined under the rules and regulations governing the City Personnel System to or for any department of city government.
Page 4081
ARTICLE VIII AMENDMENT AND DURATION OF THE PLAN A. Permanency of Plan It is the intent of the City that this Plan shall be permanent, but it necessarily reserves the right to terminate the Plan at any time it deems appropriate or necessary. B. Amendment of Plan The City reserves the right to amend the Plan from time to time as it deems appropriate provided, however, that in no event shall the Plan be amended in a manner which would serve to reduce or in any way modify benefits accrued, with respect to any Participant, prior to the effective date of such amendment. ARTICLE IX NON-ALIENATION OF BENEFITS A. Death and Incapacity of Retiree In the event of the death of the retired Participant or in the event the Board shall find that he is unable to care for his affairs because of illness or accident, any retirement benefits due may, unless claim shall have been made therefor by a duly appointed legal representative be paid to the spouse, a child, a parent or other blood relative, or to any person deemed by the Board to have incurred expense for such retired Participant, and any such payment so made shall be a complete discharge of the liabilities of the Plan therefor. B. Assignment of Benefits Assignment, pledge or other encumbrance of any benefit payable under the Plan shall not be permitted or recognized under any circumstances, nor shall benefits be subject to attachment or legal process for debts of retired or terminated
Page 4082
Participants, or death beneficiaries, and upon notice of such assignment or attachment of any kind, the benefit shall terminate and shall be applied by the Board, as it may deem proper, for the benefit of such person, his spouse, children or other dependents, or any of them. ARTICLE X TERMINATION OF THE PLAN A. Allocation of Funds In the event of the discontinuance of the Plan, the assets of the Plan, after providing for expenses, shall be allocated by the Board, to the extent they shall be sufficient, for the purpose of paying retirement benefits (the amount of which shall be computed on the basis of credited service to the date of discontinuance of the Plan) in the order of preference noted below. The allocation of funds for each group in order of precedence shall be in an equal manner for all Participants, pro-rata in case funds are insufficient for a given group on the basis of benefit. (1) To provide the retirement benefits to Participants who shall have retired under the Plan prior to its discontinuance, without reference to the order of retirement; and to provide for death benefits for those eligible therefor in this group. (2) To provide immediate normal retirement benefits to eligible general employees age sixty-five (65) or older and eligible uniform Fire and Police employees age 60 or older on the date of discontinuance of the Plan, without reference to the order in which they shall have attained age sixty-five (65), and to provide for death benefits for those eligible therefor in this group. (3) To provide disability retirement benefits to Participants who shall have applied for such benefits prior to the date of discontinuance of the Plan and who are determined to be eligible for such benefits under the applicable provisions
Page 4083
of the Plan prior to such date of discontinuance, without reference to the order in which they filed application or met eligibility requirements and to provide death benefits for those eligible therefor in this group. (4) To provide normal retirement benefits upon attainment of normal retirement age to Participants aged sixty (60) or older but less than sixty-five (65) on the date of discontinuance of the Plan, without reference to the order in which they shall reach age sixty-five (65), and to provide death benefits for those eligible therefor in this group. (5) To provide normal retirement benefits upon attainment of normal retirement age to Participants aged fifty (50) or older but less than sixty (60) on the date of discontinuance of the Plan, without reference to the order in which they shall reach age sixty-five (65). (6) To provide normal retirement benefits upon attainment of normal retirement age to Participants below the age of fifty (50) on the date of discontinuance of the Plan, without reference to the order in which they shall reach age sixty-five (65). B. Credited Service For the purpose of determining whether or not a Participant has, on the effective date of discontinuance of the Plan, sufficient years of Credited Service to be eligible to receive a retirement benefit under the provisions of sub-sections (4), (5), and (6) of Section A of this Article X, (but for no other purpose and in particular not for the purpose of determining the amount of such benefit) each Participant who is on such date less than age sixty-five (65) shall receive credit as though his period of service included the period from the date of discontinuance of the Plan and his sixty-fifth birthday. C. TerminatedVested Participants Terminated Participants with vested rights under the Plan shall be included in the allocation specified in Section A
Page 4084
of this Article X in their appropriate categories except that, within each category, nonterminated Participants and retired Participants shall have precedence in the distribution of benefits. The Board and the City shall make reasonable effort to locate said terminated Participants. If at the end of one (1) year from the date of discontinuance of the Plan any such terminated Participants have not been located, their rights shall stand forfeit and the distribution as provided above shall thereupon take place. D. Funding of Benefits To Be Provided Such allocation shall be accomplished through the purchase of annuity contracts, provided however, that the Board, upon finding that this is not practicable or desirable under the circumstances in the case of some or all of the groups listed in Section A of this Article X, may, with the unanimous consent of all of its members, provide for allocation of a part or all of the assests of the Plan as cash payments of equivalent actuarial value to any or all of such groups, provided however, that no change shall be affected in the order of precedence and basis for allocation herein established. E. Restriction of Benefits for Twenty-five Highest Paid Employees Anything herein to the contrary notwithstanding, (1) If the Employer contributions under this Plan are used for the benefit of an Employee who is among the 25 highest paid Employees of the Employer at the time the Plan is established, and whose anticipated annual Pension under the Plan exceed $15,000 then, upon the occurrence of the conditions described in subdivision 2 of this section, the City's contributions which are used for the benefit of any such employee shall be restricted in accordance with the provisions of subdivision 3 of this section. (2) The restrictions described in subdivision 3 of this section become applicable if: (a) This Plan is terminated within ten (10) years after its establishment; or
Page 4085
(b) The benefits of an Employee described in subdivision 1 of this section become payable within ten (10) years after the establishment of the Plan; or (c) The benefits of an Employee described in subdivision 1 of this Section become payable after the Plan has been in effect for ten (10) years, and the full current costs of the Plan for the first ten (10) years have not been funded. In the case of an Employee described in (b) of this subdivision (2), the restrictions will remain applicable until the Plan has been in effect for ten (10) years, but if at that time the full current costs have been funded, the restrictions shall no longer apply to the benefits payable to such an Employee. In the case of an Employee described in (b) and (c) of this subdivision, if at the end of the first ten (10) years the full current costs are not met, the restrictions shall continue to apply until the full current costs are funded for the first time. (3) The Employer contributions which may be used for the benefit of an Employee described in subdivision (1) of this section shall not exceed the greater of $20,000 or 20% of the first $50,000 of the annual compensation of such Employee multiplied by the number of years between the date of the establishment of the Plan and (a) The date of the termination of the Plan, or (b) In the case of an Employee described in subdivision (2) (b) of this section, the date the benefit of such employee becomes payable, if before the date of termination of the Plan, or (c) In the case of an Employee described in subdivision (2) (c) of this section, the date of the failure to meet the full current costs of the Plan. However, if the full current costs of the Plan have not been met on the date described in (a) or (b) of this subdivision (3), whichever is applicable, then the date of the failure to
Page 4086
meet such full current costs shall be substituted for the date referred to in (a) or (b) of this subdivision (3). For purposes of determining the contributions which may be used for the benefit of an Employee when (b) of this subdivision (3) applies, the number of years taken into account shall be recomputed for each year if the full current costs of the Plan are met for such year. (4) For the purposes of this section, the Employee contributions for which, at a given time, may be used for the benefits of an Employee include any unallocated funds which would be used for his benefits if the Plan were then terminated or the Employee were then to withdraw from the Plan, as well as all contributions allocated up to that time exclusively for his benefits. (5) The provisions of this Section shall apply to a former or retired Employee of the Employer, as well as to an Employee still in Employment. F. Modification of Restrictions with Respect to Retired Employees The restrictions contained in Section E may be exceeded for the purpose of making current retirement income benefit payments to retired employees who would otherwise be subject to such restrictions, if: (1) The Employer contributions which may be used for any such Employee in accordance with the restrictions contained in Section E are applied either (a) to provide level amounts of annuity in the basic form of benefits provided for under the Plan for such Employee at retirement (or, if he has already retired, beginning immediately), or (b) to provide level amounts of annuity in an optional form of benefit provided under the Plan if the level amount of annuity under such optional form of benefit is not greater than the level amount of annuity under the basic form of benefit provided under the Plan; (2) the annuity thus provided is supplemented, to the extent necessary to provide the full retirement income benefits
Page 4087
in the basic form called for under the Plan by current payments to such Employee as such benefits come due; and (3) such supplemental payments are made at time only if the full current costs of the Plan have been met, or the aggregate of such supplemental payments for all such Employees does not exceed the aggregate Employer contributions already made under the Plan in the year then current. G. Distribution on Cancellation of Restricted Benefits If the Plan is terminated within ten (10) years after the establishment thereof, any amount available by the cancellation of restricted benefits shall be distributed to Participants not subject to the limitations of Section A. H. Inconsistency of Provisions The terms of Section E and Section R hereof shall prevail over any other items of this Plan which may be inconsistent therewith. I. Reversion of Assets to City In no event, whether upon termination of the Plan or otherwise shall any part of the assets of this Plan, other than such part as may be necessary to pay the expenses of the Plan, be used for or diverted to any purpose or purposes other than the exclusive use of the Participants covered by the Plan and their beneficiaries. ARTICLE XI TRANSITION PROVISIONS A. Retired Employees All employees who have retired and who are receiving pension benefits from the City of Savannah under pension plans existing prior to the effective date of this plan shall continue to receive such pension benefits out of the general fund of the City of Savannah.
Page 4088
B. Employees Eligible for Retirement Under Prior Plans Employees who are eligible to retire on or before the effective date of this plan under provisions of pension plans existing prior to the effective date of this plan may elect to retire or participate in this plan in accordance with provisions of section A, Article V herein. C. Refund of Contributions to Predecessor Plan Police, Fire and General employees electing to participate in this Plan shall be refunded the full amount of their contributions to the Pension Plan under which they were covered prior to the Effective Date of this Plan. D. Commencement of Benefits The earliest date on which benefits may commence under this Plan shall be forty-five (45) days after the Effective Date. Georgia, Chatham County. Personally appeared before me Kathy Powers to me known, who being by me sworn, deposes and says: That she is the Legal Secretary of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the Sheriff of Chatham County for the publication of advertisements and by the
Page 4089
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 May 12, 1972, May 19, 1972, May 26, 1972 and finds that the following advertisement, to-wit: Legal Notice. Notice is hereby given that the Mayor and Aldermen of the City of Savannah will consider an Ordinance proposed pursuant to the Home Rule Act of 1965 to amend the Charter of the City of Savannah to provide for a new pension plan. A copy of the proposed Ordinance is on file in the Office of the Clerk of Council and the Office of the Clerk of Superior Court of Chatham County, Georgia for the purpose of examination and inspection by the public. This 10 day of May, 1972. appeared in each of said editions. /s/ Katherine S. Redmond Clerk of Council City of Savannah Sworn to and subscribed before me, this 6 day of June, 1972. /s/ Marion H. Manson Notary Public, Chatham County, Georgia My Commission Expires Nov. 19, 1975. (Seal). Filed in office of Secretary of State, June 20, 1972. Adopted and approved June 8, 1972. CITY OF CARROLLTONTAX DIGEST. An Ordinance to amend the Charter of the City of Carrollton and specifically the amendment to said Charter approved
Page 4090
February 21, 1951, which appears in Ga. L. of 1951, p. 3211, so as to authorize the Mayor and City Council of Carrollton to adopt that portion of the Tax Digest of Carroll County which includes the property in the City of Carrollton as the Tax Digest of the City of Carrollton, and for other purposes. Be it resolved by the Mayor and City Council of Carrollton: Whereas, the Charter of the City of Carrollton, by amendment dated February 21, 1951, which appears in Ga. L. of 1951 at p. 3211 establishes a Board of Tax Equalizers for the City of Carrollton and outlines the procedures for the returns, assessment, arbitration and levy of taxes upon all real and personal property within the City of Carrollton, and, Whereas, by general law and statute, all property within Carroll County, including that within the City of Carrollton is assessed for taxation by the Board of Tax Equalizers and the Tax Commissioner for said County, and, Whereas, the Mayor and City Council of Carrollton in conjunction with and cooperation with the Board of Tax Equalizers of said City, have established an assessment rate of forty (40%) per cent of the fair market value, which percentage assessment rate is the same rate as is established by Georgia Law for all property within Carroll County, and, Whereas, the Board of Tax Equalizers of the City of Carrollton, the Tax Commissioner of Carroll County and the Board of Tax Equalizers of said County, have for several years made available to each other and have exchanged information relative to fair market value, ownership and other information relative to the assessment and taxation of property within the said City of Carrollton, and, Whereas, the General Assembly of Georgia has enacted a statute whereby the Tax Digest of a county shall be the digest of any city within said county, as to the property located in the city, effective January 1, 1973.
Page 4091
Now, therefore, the charter of said City of Carrollton is hereby amended by adding thereto the following: The Mayor and City Council of Carrollton may adopt and accept the returns, assessments, results of arbitration and other tax data as established by the Board of Tax Equalizers of Carroll County as the Tax Digest for the City of Carrollton for the then current tax year. Provided, however, should the said Mayor and City Council of Carrollton elect to adopt the Tax Digest of the Board of Tax Equalizers of Carroll County of that portion of the property lying within the City of Carrollton as the Tax Digest for the City of Carrollton for any particular year, they shall by ordinance make said determination. Said ordinance may relieve the property owners from filing tax returns with said City and may authorize the acceptance of the returns as filed and as finally received and assessed by said County Board of Tax Equalizers as the Tax Records and Digest of said City. This authority is cumulative to all other powers and authority heretofore conferred upon the Mayor and City Council of Carrollton, its officers and individuals. The City Clerk of the City of Carrollton shall cause a notice to appear in the Legal Organ of Carroll County once a week for three weeks immediately following the adoption of this resolution by the Mayor and City Council of Carrollton, clearly setting forth the provisions of said ordinance and shall cause the same to be placed on the agenda for the next regular meeting of said Mayor and Council immediately following the meeting in which it is first adopted. A copy of this resolution shall be maintained in the Clerk's Office and made available to all interested parties and a copy shall be filed with the Clerk of Carroll Superior Court. Upon this resolution being adopted by said Mayor and City Council of Carrollton at two consecutive meetings, which shall be not less than seven nor more than sixty days apart, a certified copy of the same, along with a copy of the notice as the same appeared in the official organ of said Carroll County, which said copy of said notice shall be certified by
Page 4092
the Publisher of said Legal Organ with the same to be filed with the Clerk of the Superior Court of Carroll County, Georgia, and a copy forwarded to the Secretary of State. This resolution to be effective upon its being adopted by the Mayor and City Council of Carrollton on two separate occasions at two consecutive meetings which shall be held not less than seven nor more than sixty days apart. Notice of Ordinance Adopted by the Mayor City Council Of Carrollton, Georgia. The Mayor and City Council of the City of Carrollton, at their regular meeting, on June 5, 1972, adopted an ordinance amending the Charter of the City of Carrollton so as to authorize said City to adopt that portion of the Tax Digest of Carroll County on property situated in the City of Carrollton, as the Tax Digest of the City of Carrollton. This resolution provides this authority to be cumulative to all other powers and authority conferred upon the Mayor and City Council of Carrollton and if they shall, by resolution, elect to adopt the Tax Digest of Carroll County, as it represents property situated in the City of Carrollton, the same shall be the Tax Digest of the City of Carrollton for the then current tax year. A copy of this resolution is on file with the undersigned at the Clerk's Office at the City Hall in Carrollton, Georgia, where the same may be examined with copies to any interested party and a copy is presently on file with the Clerk of Carroll Superior Court at the Courthouse in Carrollton, Georgia. This resolution is on the agenda for the next meeting of the Mayor and City Council of Carrollton, which meeting shall be held on the 17th day of July, 1972, at 7:30 p.m. at the City Hall. If finally adopted at this meeting or any adjournment of the meeting within sixty (60) days of the ordinance having been first adopted, the Charter of the City of Carrollton shall thus be amended. This 5th day of June, 1972. Mrs. Jewell Mashburn Clerk, City of Carrollton
Page 4093
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: June 8, 1972. June 22, 1972. June 15, 1972. Sworn to on the 29th day of June, 1972. Stanley Parkman, Publisher. Sworn to and subscribed to before me, on the 29th day of June, 1972. /s/ Mrs. Martha L. Smith Notary Public. Georgia, Carroll County: Personally appeared before me, an officer authorized to administer oaths, Mrs. Jewell Mashburn, clerk of the City of Carrollton who after being duly sworn deposes and says the three following pages are true and correct copies of an Ordinance adopted by the Mayor and City Council of the City of Carrollton first on June 5, 1972, and again on July 17, 1972. Also attached is a copy of the affidavit of Stanley Parkman, publisher of the Carroll County Georgian, Legal Organ for Carroll County certifying that a legal notice of said Ordinance was published in said newspaper on June 8th, 15th, and 22nd, 1972.
Page 4094
I further certify that a copy of the Ordinance and Publishers Affidavit has been filed with the Clerk of the Superior Court of Carroll County, Georgia. This 18th day of July, 1972. /s/ Jewell Mashburn Sworn to and subscribed before me, this 18th day of July, 1972. /s/ Mary Lou Reeves Notary Public. Georgia, Carroll County: Personally appeared before me, an officer authorized to administer oaths, Carl H. Lane, Clerk of the Superior Court of Carroll County, Georgia who after being duly sworn deposes and says that there is on file in his office a copy of an Ordinance adopted by the Mayor and City Council of Carrollton on July 5, 1972, and on July 17, 1972, and the affidavit of Stanley Parkman, Publisher of the Carroll County Georgian, Legal Organ of Carroll County, Georgia, certifying the publication of a notice of said Ordinance. Said Ordinance amends the Charter of the City of Carrollton authorizing the Mayor and City Council of Carrollton to adopt that portion of the Tax Digest of Carroll County which includes the property in the City of Carrollton as the Tax Digest of the City of Carrollton. This 18th day of July, 1972. /s/ Carl H. Lane Sworn to and subscribed before me, this 18th day of July, 1972. /s/ William J. Wiggins Notary Public. Filed in Office of Secretary of State, July 25, 1972.
Page 4095
CITY OF GAINESVILLERETIREMENT FUND ACT AMENDED. An Ordinance pursuant to the Municipal Home Rule Law to amend section 11 of law number 73 set out in Ga. L. 1941, p. 1453 to 1460, inclusive, entitled an act to amend the charter of the City of Gainesville and the acts amendatory thereof: to provide for the creation of a retirement fund for the payment of benefits to certain salaried employees of the City of Gainesville: to provide for the collection, administration and proper disbursement of said retirement fund: to provide for the raising of such retirement fund and to provide for the administration of said retirement fund to carry out the purpose of this act: and to provide for the age qualification of certain employees: and for other purposes, and said section 11 regarding retirement benefits as amended by law number 371 set out in Ga. L. 1943, p. 1417 to 1419, inclusive entitled, An act to amend an act entitled `Gainesville Retirement Fund' approved February 24, 1941. (Ga. L. 1941, p. 1453-1460) which was an act to amend the charter of the City of Gainesville and the acts amendatory thereto by amending paragraph (a) of section 11 so as to provide that the retirement pay provided in said act shall be determined by averaging the rate of pay received over the full period such employee has participated in the retirement fund; by amending paragraph 16 so as to provide for persons over thirty-five years of age to be employed and participate in said retirement fund; and for other purposes by adding to said section 11 as amended additional retirement benefits and options under the provisions of this amendment, and by amending section 12 of law number 73, above mentioned as amended by City of Gainesville-Employees' Retirement System, Ordinance HR 69-2 entitled an Ordinance amending the charter of the City of Gainesville, Georgia Pursuant to the Municipal Home Rule Act of 1965 by providing for refund to an employee leaving city employment other than by retirement of all employee contributions to the retirement fund, and repealing all provisions of the charter of the City of Gainesville in conflict with this
Page 4096
amending ordinance. Set out in Ga. L. 1970, vol. two, p. 3559 to 3561, inclusive, regarding withdrawal of money from the retirement fund upon leaving the service of said city by amending said section 12 as amended by adding to said section 12 a provision for retirement after 10 years continuous service and regulations and rates for such retirement, repealing conflicting ordinances and laws, and for other purposes. Be it ordained by the City Commission of the City of Gainesville, Georgia pursuant to the Municipal Home Rule Law: Section 1. Section 11 of Law number 73 set out in Ga. L. 1941, p. 1453 to 1460, inclusive, entitled An act to amend the Charter of the City of Gainesville and the acts amendatory thereof: to provide for the creation of a retirement fund for the payment of benefits to certain salaried employees of the City of Gainesville: to provide for the collection, administration and proper disbursement of said retirement fund: to provide for the raising of such retirement fund and to provide for the administration of said retirement fund to carry out the purpose of this Act: and to provide for the age qualification of certain employees: and for other purposes, and said Section 11 regarding retirement benefits as amended by Law number 371 set out in Ga. L. 1943, p. 1417 to 1419, inclusive entitled An act to amend an act entitled `Gainesville Retirement Fund' approved February 24, 1941. (Ga. L. 1941, p. 1453-1460) which was an act to amend the charter of the City of Gainesville and the acts amendatory thereto by amending Paragraph (A) of Section 11 so as to provide that the retirement pay provided in said act shall be determined by averaging the rate of pay received over the full period such employee has participated in the retirement fund; by amending Paragraph 16 so as to provide for persons over Thirty-Five years of age to be employed and participate in said retirement fund; and for other purposes by adding to said Section 11 as amended additional subsections (e) and (f) as follows: (e) Upon the completion of at least 20 or more years of service with the City, an employee may elect to retire early
Page 4097
and receive either the right to a deferred pension commencing at his otherwise maximum retirement date or, with some reduction, the right to have this pension commence immediately upon his early retirement. The benefit upon such early retirement will be calculated as for maximum retirement reflecting the average salary and the service up to the date of such early retirement. If the retirement commences immediately, such benefit will be reduced by 5% for each year or fraction thereof that the employee's age at early retirement is less than his otherwise normal retirement age. (f) By filing an application with the Board of Trustees, an employee may elect a joint and survivor option by designating his spouse as his contingent pensioner and elect to receive in lieu of the pension to which he may otherwise become entitled upon retirement, a reduced pension payable for life, with a percentage of such payments (100%, 75%, 50%) to be continued after the employee's death to his contingent pensioner during the latter's lifetime. The aggregate of the pension payments expected to be paid to an employee and his contingent pensioner under the above option shall be the actuarial equivalent of the pensioner which the employee is otherwise entitled to receive upon retirement. An employee may elect or revoke an option without the approval of the Board of Trustees if his election or revocation is filed in writing with the Board of Trustees one year or more prior to retirement. During the one-year period preceding an employee's retirement, an option may be elected only with the approval of the Board of Trustees, and the Board of Trustees may require evidence of the good health of the employee. An election of such option shall become inoperative in the event that (a) the employee's death occurs prior to his retirement or, (b) the death of the contingent pensioner occurs before the employee's retirement, so that said Section 11, in its entirety shall read as follows: Section 11. Retirement Benefits.
Page 4098
(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. (b) Should an employee die without having received any actual cash benefits hereunder, the amount he has contributed to said Retirement Fund shall be paid to his heirs at law, or to any person, firm or corporation designated by such employee in writing before his death. (c) Should a retired employee die without having received in retirement benefits a sum equal to the amount he has paid into the Retirement Fund, then the difference between the amount paid into the fund by the employee and the amount received by the employee in benefits shall be paid in regular monthly installments or in a lump sum, at the discretion of the Trustees, to the heirs at law of said deceased employee, or to any person, firm or corporation designated by him in writing before his death. (d) Should there be more than one heir at law of a deceased employee entitled to benefits, or should one or more of said heirs at law be not sui juris, the Board of Trustees, at their option, may designate some person, firm or corporation to receive said benefits for the use and benefit of all the heirs at law of said deceased employee, said benefits to be paid in regular monthly installments to said person, firm or corporation.
Page 4099
(e) Upon the completion of at least 20 or more years of service with the City, an employee may elect to retire early and receive either the right to a deferred pension commencing at his otherwise maximum retirement date or, with some reduction, the right to have this pension commence immediately upon his early retirement. The benefit upon such early retirement will be calculated as for maximum retirement reflecting the average salary and the service up to the date of such early retirement. If the retirement commences immediately, such benefit will be reduced by 5% for each year or fraction thereof that the employee's age at early retirement is less than his otherwise normal retirement age. (f) By filing an application with the Board of Trustees, an employee may elect to a joint and survivor option by designating his spouse as his contingent pensioner and elect to receive in lieu of the pension to which he may otherwise become entitled upon retirement, a reduced pension payable for life, with a percentage of such payments (100%, 75%, 50%) to be continued after the employee's death to his contingent pensioner during the latter's lifetime. The aggregate of the pension payments expected to be paid to an employee and his contingent pensioner under the above option shall be the actuarial equivalent of the pension which the employee is otherwise entitled to receive upon retirement. An employee may elect or revoke an option without the approval of the Board of Trustees if his election or revocation is filed in writing with the Board of Trustees one year or more prior to retirement. During the one-year period preceding an employee's retirement, an option may be elected only with the approval of the Board of Trustees, and the Board of Trustees may require evidence of the good health of the employee. An election of such option shall become inoperative in the event that (a) the employee's death occurs prior to his retirement, or (b) the death of the contingent pensioner occurs before the employee's retirement.
Page 4100
Section 2. Section 12 of Law number 73, as amended by City of Gainesville-Employees' Retirement System, Ordinance HR 69-2 entitled an Ordinance amending the Charter of the City of Gainesville, Georgia pursuant to the Municipal Home Rule Act of 1965 by providing for refund to an employee leaving City employment other than by retirement of all employee contributions to the Retirement Fund, and repealing all provisions of the Charter of the City of Gainesville in conflict with this amending Ordinance. Set out in Ga. L. 1970, Vol. Two, p. 3559 to 3561, inclusive, is hereby amended by designating the present section 12 as subsection (a) and adding to said section 12 a new Sub-section (b) as follows: (b) If an employee leaves the employ of the City before having completed at least 10 years of continuous service, he shall be entitled to a refund of his total employee contributions to the Retirement System as of such termination date. If, however, upon such termination, the employee has completed at least 10 years of continuous service and elects to leave his contributions in the fund, he will be entitled to a deferred pension commencing at his otherwise normal retirement date. Such deferred pension will be equal to a specific percentage of his accrued benefit calculated as for maximum retirement based on service and average monthly salary as of the date of termination. The specific percentages paid, based upon employee's completed years of service as of the date of such termination, shall be as follows: Completed Years Of Service At Termination Percentage of Accrued Benefits Vested in City-Paid Pension 10 50% 11 60% 12 70% 13 80% 14 90% 15 or more 100% The City-Paid portion of the pension shall be the pension accrued according to section 11 (a) of the said Act of 1941
Page 4101
hereby amended, minus the pension purchased from the employees own contributions. In addition to the amount of the City-paid portion of the pension, the employee will be 100% vested in the pension purchased by his own contributions, regardless of his length of service. The employee will forfeit all right to a deferred pension if at the time of termination or any subsequent date prior to the commencement of his vested benefit, he receives a refund of his employee contributions, so that said Section 12 as amended shall read in its entirety as follows: Section 12. (a) Any employee leaving the service of the City of Gainesville for any reason other than by retirement by the Board of Trustees, shall be refunded the actual amount of money he had paid into the retirement fund; provided, however, that any employee who leaves the service of the City of Gainesville and withdraws the amount of his contributions to the retirement fund as in this Section provided, shall not receive credit for the time of service represented by such withdrawal until and unless he shall have repaid said sum into said retirement fund. (b) If an employee leaves the employ of the City before having completed at least 10 years of continuous service, he shall be entitled to a refund of his total employee contributions to the Retirement System as of such termination date. If, however, upon such termination, the employee has completed at least 10 years of continuous service and elects to leave his contributions in the fund, he will be entitled to a deferred pension commencing at his otherwise normal retirement date. Such deferred pension will be equal to a specific percentage of his accrued benefit calculated as for maximum retirement based on service and average monthly salary as of the date of termination. The specific percentages paid,
Page 4102
based upon employee's completed years of service as of the date of such termination, shall be as follows: Completed Years Of Service At Termination Percentage of Accrued Benefits Vested in City-Paid Pension 10 50% 11 60% 12 70% 13 80% 14 90% 15 or more 100% The City-Paid portion of the pension shall be the pension accrued according to Section 11 (a) of the said Act of 1941 hereby amended, minus the pension purchased from the employees own contributions. In addition to the amount of the City-paid portion of the pension, the employee will be 100% vested in the pension purchased by his own contributions, regardless of his length of service. The employee will forfeit all right to a deferred pension if at the time of termination or any subsequent date prior to the commencement of his vested benefits, he receives a refund of his employee contributions. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. July 28, 1972. Georgia, Hall County. I, Elly F. Johnson, Secretary to the City Commission, do hereby certify that the above ordinance is a true and correct copy. /s/ Elly F. Johnson Notice of Charter Amendment. Notice is hereby given that the City Commission of the City of Gainesville proposes to amend the charter of said city
Page 4103
as heretofore amended, under the provisions of the Home Rule Law, by providing for early retirement of certain city employees upon completion of at least twenty (20) years service under the provisions set out in the proposed amendment, providing the calculation of the benefits to be paid upon such retirement, providing for the election of joint or survivor benefits by such employees and the terms of, and benefits under, said option, providing for a vested deferred pension after ten (10) years continuous service, providing the benefits under such retirement, providing for forfeiture of said benefits and for other purposes set out in more detail in the proposed amendment. A copy of the proposed amendment is on file in the office of the Secretary to the City Commission of the City of Gainesville and the office of the Clerk of Superior Court of Hall County, Georgia for the purpose of examination and inspection by the public. The said secretary will furnish anyone, upon written request, a copy of the proposed amendment. This 8 day of June, 1972. /s/ Elly F. Johnson Secretary, City Commission City of Gainesville, Georgia. Gainesville, Georgia. This is to certify that the advertising appearing on this statement was published in our paper on the dates shown. /s/ Euline S. Mills Administrative Manager. Sworn to and subscribed before me, this the 19th day of July, 1972. /s/ Jeanette P. Whitmire. Notary Public. (Seal). Filed in Office of Secretary of State, July 31, 1972.
Page 4104
CITY OF ALBANYSTREETSPAVING, ETC. An ordinance entitled an ordinance adopted under the provisions of the Municipal Home Rule Act of 1965 amending the charter of the City of Albany, Georgia, so as to change and clarify the provisions of said charter with respect to grading, paving, macadamizing, curbing, otherwise improving for travel or drainage, repairing, regrading, recurbing, and remacadamizing the pavement, curbing, grade or drainage of any streets, alleys, sidewalks or ways in the City of Albany, and with respect to assessment of the cost thereof; to provide that the consent of the property owners abutting any such street, alley, sidewalk or way shall not be necessary in order to perform such improvements and to assess the abutting property owners if the ordinance providing for same is unanimously adopted; repealing prior ordinances and/or charter provisions and/or parts of ordinances and/or charter provisions in conflict therewith; and for other purposes. Be it ordained by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by the authority of the same: Section 1. Section 33 of the Charter of the City of Albany, Georgia, is amended by striking and repealing paragraph (A) of said section 33, and ordaining in lieu thereof a new paragraph (A) to read as follows: (A) Paving or Repairing Streets, Sidewalks, Alleys, or Ways; Construction of Street Lights, Specifications; Costs; Payment of Assessments. In addition to all other power and authority vested in it under existing law, the City of Albany shall have the power and authority by ordinance to grade, pave, macadamize, curb, or otherwise improve for travel or drainage any of the streets, alleys, or ways of the City, and to repair, regrade, recurb, and/or remacadamize the pavement, curbing, grade or drainage, now existing or hereafter constructed, of any of said streets, alleys, or ways, and to assess two-thirds of the
Page 4105
cost of the same against the owners of the property abutting on each side of said streets, alleys and ways according to frontage owned by them thereon. Before the Board of Commissioners shall adopt any ordinance providing for any of said improvements where part of the cost is to be assessed against the property owner as above provided, written notice of the date and time of the meeting of the Board of Commissioners at which such ordinance will be considered shall be given each affected property owner by mailing said notice to the address of such property owner as shown on the last City property tax return of such property owner, such notice to be placed in the United States Mail at last thirty (30) days prior to said meeting. The mailing of the notice above described in the manner above provided shall constitute sufficient notice. If the ordinance providing for such improvements shall receive the unanimous vote of the Board of Commissioners, the consent of property owners shall not be required as a condition to performing any of such grading, paving, macadamazing, curbing, repairing, regrading, recurbing, remacadamizing, or otherwise improving said streets, alleys, or ways, or to the assessment of property owners for two-thirds of the cost thereof; but if such ordinance shall not receive the unanimous vote of the Board of Commissioners, the consent of 51% or more of the property owners to be assessed shall be required. The City of Albany shall have the power and authority to require any railroad or street railroad company having, or which may hereafter have, tracks running through the streets, alleys, or ways of the City, so improved, to grade, pave, macadamize, regrade, repave, or remacadamize or otherwise improve, as the Board of City Commissioners may by ordinance direct, the width of their tracks and two feet on each side thereof, and to require said companies to repair or repave their aforesaid portions in such manner as the Board of Commissioners of the City of Albany may direct. In the event any such company or companies shall fail or refuse to comply with such requirements, the City may have the work done and the expense thereof shall be assessed against said company or companies, and enforced
Page 4106
by execution issued against said company or companies as hereinafter provided in this section. The City of Albany shall also have the power and authority by ordinance to pave, repave or repair the pavements of the sidewalks of the City, and to assess the cost thereof against the owners of the property abutting on said sidewalks according to the frontage owned by them thereon. The City of Albany shall have the power and authority by ordinance to light the streets within the limits of the City whenever such service shall be requested by written petition of not less than 51% of the property owners within the section so lighted, notice of the filing of such petition to be published once a week for two (2) weeks in any newspaper having general circulation in the City of Albany, in which notice of a hearing on said petition shall be given. Action of such petition and the objections thereto, if any, shall be final except as hereinafter provided. The cost of any such street lighting under this paragraph shall be assessed against the owners of the property abutting on said lighted streets according to the frontage owned by them. The Board of Commissioners of the Water, Gas and Light Department shall have the power and authority to light the streets within the limits of the City of Albany by means of electric lights whenever such service shall be deemed suitable and appropriate by said Board, and to pay the cost thereof out of the receipts of such department. The City of Albany shall be and is hereby empowered to enforce the payment of all assessments for which provision is made in this paragraph (A) by execution against the abutting property and against the owners of same, which execution shall be issued and enforced by levy and sale of said property like executions for taxes under existing ordinances, or such as may hereafter be made applicable to the subject, and said property shall be sold in the same manner and shall be subject to all of the incidents of purchase by the City, and redemption by the owner as provided by the Code of Georgia, and amendments thereto; and all assessments heretofore
Page 4107
made by said City for the purpose herein specified, but which remain unpaid, may be enforced as herein set out; provided, however, that to an execution issued under the provisions of this Section, the defendant shall have the right to file an affidavit denying for any reason that the whole or any part of the amount for which execution issued is due, and the reason why same is not due by and from the defendant, and stating what amount is admitted to be due, which amount so admitted to be due shall be paid before said affidavit shall be received and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Dougherty County, and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for in cases of illegality for delay. The assessments provided for in this Section shall constitute and be a lien from the date of the ordinance making the assessment, upon the property against which they are assessed as well as upon all the property generally of the person owning the property at the date of the assessment, and such lien, as between other liens shall rank as city taxes. One publication of the ordinance or ordinances providing for the improvements mentioned herein in the newspaper of Dougherty County in which the Sheriff's advertisements are published shall be sufficient notice to abutting property owners, or to railroad and street railroad companies having tracks on the streets to be improved, of the contents and provisions of such ordinance, and of the fact that such improvements are to be made; provided, that in the case of non-residents, a copy of said ordinance shall be mailed to the address of all non-residents owning land abutting to that where the improvements are to be made, if the address of such non-resident be known, but failure to send or receive such copies shall not invalidate the ordinance, the assessment or the levy, nor any other proceeding thereunder. Section 2. This ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive meetings, and
Page 4108
after having complied with all of the provisions of the Municipal Home Rule Act of 1965. Section 3. This ordinance is cumulative of all other provisions in the Charter of the City of Albany or the laws of the State of Georgia with respect to the power and authority of the City of Albany to pave and improve the streets, alleys, sidewalks and ways of the City. /s/ Motie Wiggins Mayor Attest: /s/ M. G. Spurlin Clerk Adopted First Time: August 8, 1972. Adopted Second Time: August 22, 1972. I certify this to be a true and exact copy of Ordinance No. 1699. /s/ M. G. Spurlin City Clerk Dated: August 25, 1972 (Seal) Legal Notice City of Albany Proposed Amendment to Charter Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, an ordinance proposing under the Municipal Home Rule Act of 1965 to amend Section 33 of the Charter of the City of Albany, Georgia, so as to clarify and change the provisions of said Charter with respect to grading, paving, macadamizing, curbing, and otherwise improving for travel or drainage, and repairing, regarding, recurbing and remacadamizing the pavements, curbing, grade or drainage of any streets, alleys, sidewalks or ways in the City of Albany; to provide for the assessment of two thirds
Page 4109
of the cost thereof against the owners of the property abutting the same; to provide that the consent of the property owners abutting any street, alley or way shall not be necessary in order to perform such improvements and to assess such property owners if the ordinance providing for the same is unanimously adopted; to provide that if such ordinance is not unanimously adopted, the consent of 51% or more of the property owners affected shall be necessary; to provide that before any such ordinance shall be adopted written notice of the date and time of the meeting of the Board of Commissioners at which such ordinance will be considered shall be mailed to each property owner affected at least thirty (30) days prior to the meeting. A copy of said ordinance is on file in the office of the Clerk of the City of Albany, Georgia, and a copy thereof is also on file in the office the Clerk of the Superior Court of Dougherty County, Georgia, and such ordinance is available at either of said places for purpose of examination or inspection by the public. City of Albany By: M. G. Spurlin, City Clerk Mayor and City Commissioners. Exhibit A Affidavit of Publisher Georgia, Dougherty County. Personally appeared before the undersigned, an officer authorized to administer oaths in said State and County, Geoffrey L. Gray, who having been sworn states that he is Advertising Director for The Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of The Albany Herald, a daily newspaper of general circulation in the City of Albany, and the
Page 4110
paper in which the Sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is attached hereto as Exhibit A, was published in The Albany Herald once a week for three (3) weeks on the following dates: July 12, 19, 26, 1972. /s/ Geoffrey L. Gray Sworn to and subscribed before me this 27 day of July, 1972. /s/ Pauline Black Notary Public. My Commission Expires May 23, 1973. (Seal). Filed in Office of Secretary of State, August 28, 1972. CITY OF TOCCOARECORDER'S COURT Charter Amendment An ordinance to amend the Charter of the City of Toccoa as amended to increase the maximum jurisdictional amount of fines that may be imposed by the Recorder's Court of the City of Toccoa, Georgia. Section 1. Be it ordained by the City Commission of the City of Toccoa, Georgia: That the Charter of the City of Toccoa, Georgia 1897 Ga. L. 341 as amended is hereby amended by deleting from section 9, 1897 Ga. L. 341 as incorporated by reference in section 23, 1931 Ga. L. 994 the words, by a fine not exceeding one hundred dollars and substituting therefor by a fine not exceeding five hundred ($500.00) dollars; this amendment will raise the maximum jurisdictional amount of fines that may be imposed by the Recorder's Court from one hundred ($100.00) dollars to five hundred ($500.00) dollars. Section 2. All ordinances or parts of ordinances and all
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portions of the Charter or amendments in conflict herewith be and the same are hereby repealed. Section 3. This amendment shall become effective on and after the final passage of this Ordinance. Read twice and unanimously adopted at a regular meeting of the City Commission of the City of Toccoa, Georgia held at the City Hall the 28th day of August, 1972. /s/ Lucius Allwine Mayor Attest: /s/ Josephine Gleason City Clerk Georgia, Stephens County. Notice Notice of intention to amend the Charter of the City of Toccoa by ordinance pursuant to the Municipal Home Rule Act of 1965 (1965 Ga. L. 298 as amended). City of Toccoa, Georgia. Notice is hereby given that an ordinance will be introduced, read, and duly considered for the first time at a regular meeting of the City Commission of the City of Toccoa, Georgia on the 14th day of August, 1972, and that this ordinance will be read and considered for final adoption at a second regular meeting of the City Commission of the City of Toccoa to be held on the 28th day of August, 1972. Said proposed Ordinance would amend the Charter of the City of Toccoa so as to increase the minimum jurisdictional amount of fines that may be imposed by the Recorder's Court of the City of Toccoa from one hundred ($100.00) dollars to five hundred ($500.00) dollars and to repeal all laws in conflict. A copy of this proposed amendment is on file in the office
Page 4112
of the City Clerk of the City of Toccoa and the Clerk of the Superior Court of Stephens County for the purpose of examination and inspection by the public, as required by law. This 25th day of July, 1972. /s/ Robert B. Struble Attorney for the City of Toccoa Affidavit Published in the Toccoa Record August 3, August 10, and August 17, 1972. Georgia, Stephens County. Personally appeared before me, the undersigned attesting officer, C. A. Hamilton who says that he is a duly authorized representative of the Toccoa Record and that the attached notice to amend the Charter of the City of Toccoa, so as to increase the maximum jurisdictional amount of fines that may be imposed by the Recorder's Court from one hundred dollars to five hundred ($500.00) dollars, was published in the Toccoa Record on the 3rd day of August, 1972, the 10th day of August, 1972 and the 17th day of August, 1972. This 29 day of August, 1972. /s/ C. A. Hamilton Sworn to and subscribed before me this 29 day of August, 1972. /s/ Robert B. Struble Notary Public Georgia, Stephens County. Personally appeared before the undersigned attesting officer, Josephine Gleason, Clerk for the City of Toccoa, Georgia
Page 4113
who on oath says that a copy of the foregoing Ordinance proposing to amend the Charter of the City of Toccoa was filed in her office, on the 25th day day of July, 1972, for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that I am custodian of all records and the keeper of the minutes of the City Commission of the City of Toccoa, and that the foregoing Ordinance is a true and exact copy of that Ordinance which was finally adopted by the City of Toccoa in a regular meeting of the City Commission held at the City Hall on the 28th day of August, 1972, the original of which is in my possession and appears as a part of the Official Minutes of that meeting. /s/ Josephine Gleason City Clerk Sworn to and subscribed before me this 6 day of September, 1972. /s/ Robert B. Struble Notary Public Georgia, Stephens County. Personally appeared before the undersigned attesting officer, Otto Roberts, Clerk of the Superior Court of Stephens County, Georgia, being the legal situs of the City of Toccoa, Georgia, who on oath, says that a copy of the foregoing Ordinance proposing to amend the Charter of the City of Toccoa, was filed in his office on the 25th day of July, 1972, for the purpose of examination and inspection by the public. Further deposing, I say, under oath, that a copy of the foregoing Ordinance amending the Charter of the City of Toccoa, properly certified to by the Clerk of the City of Toccoa, with a copy of the required notice of publication attached thereto and an affidavit of a duly authorized representative of the newspaper in which said notice was published, to the effect that said notice has been published as
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provided by law, has been filed in this office on the 8th day of Sept., 1972. /s/ Otto Roberts Clerk Superior Court, Stephens County Sworn to and subscribed before me this 8th day of Sept., 1972. /s/ Mrs. Robert Charles, Jr. Notary Public. (Seal). Filed in Office of Secretary of State, September 11, 1972. CITY OF ATLANTACERTAIN TERMS OF OFFICE CHANGED. An ordinance to amend the Charter and the Code of Ordinances of the City of Atlanta so as to change the term of office of certain heads of departments of the city. Be and it is hereby ordained by the Mayor and Board of Aldermen of the City of Atlanta. Section 1. A. That the Charter of the City of Atlanta be and is hereby amended to strike from section 3.1.4 the sentence which provides that the Chief of the Fire Department shall hold his office during good behavior and efficient service and to strike the same provision from the second sentence of section 8.2.1 and to substitute in each section, in lieu of the language stricken, the following: The chief of the fire department shall hold office for a term of eight years during good behavior and efficient service. so that, when amended, such sections shall read:
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Sec. 3.1.4. The terms of office of all heads of departments, elected by the people, or by the mayor and board of aldermen, shall be four years. This section shall not apply to the terms of office of the chief of the police department nor to the chief of the fire department nor shall it interfere with the power of the mayor and board of aldermen to fix different terms for positions created by ordinances. The chief of the fire department shall hold office for a term of eight years during good behavior and efficient service. The chief of the police department shall hold office for a term of eight years during good behavior and efficient service. Sec. 8.2.1. The chief of the fire department shall be elected by the mayor and board of aldermen. The chief of the fire department shall hold office for a term of eight years during good behavior and efficient service; provided, that such good behavior and efficient service shall be judged of by the mayor and board of aldermen, who shall have power to remove him from office in accordance with the provisions of sections 3.1.25 and 3.1.26 of the Charter and Related Law. B. Section 1A hereof shall become effective immediately upon the resignation, retirement or death of the incumbent chief of the fire department or immediately upon his office becoming or being declared vacant. Section 2. A. That the Charter of the City of Atlanta be and is hereby amended to strike from section 10.1.7 of the fourth sentence which provides that the personnel director shall hold his office during good behavior and to substitute, in lieu thereof, the following: The personnel director shall hold his office for a term of four years during good behavior and efficient service and until his successor is appointed and qualifies; provided, that he may be removed from office only for cause after a public hearing by the board. so that, when amended, such section shall read:
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Sec. 10.1.7. The board shall appoint a personnel director. Such director shall be a person competent, trained and experienced in the field of personnel administration and thoroughly in sympathy with the application of merit and sound business principles in the administration of personnel. He shall take the oath of office prescribed for the mayor before the chairman, and give bond in a penal sum to be fixed by the mayor and board of aldermen, for his faithful performance, to be approved by the mayor. The personnel director shall hold his office for a term of four years during good behavior and efficient service and until his successor is appointed and qualifies; provided, that he may be removed from office only for cause after a public hearing by the board. B. Section 2A hereof shall become effective immediately upon the resignation, retirement or death of the incumbent personnel director or immediately upon his office becoming or being declared vacant. Section 3. A. That Section 18-20(a) of the Code or Ordinances of the City of Atlanta is hereby repealed and the following is hereby substituted in lieu thereof: Sec. 18-20(a). The office of City traffic engineer is hereby established. He shall exercise the powers and duties as prescribed in this chapter and in other traffic ordinances of this city. Section 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to repeal certain language of sections 8.1.2 and 3.1.4 of Volume I so as to change the term of the office of the Chief of the Fire Department from an indefinite term during good behavior and efficient service to a definite term of eight years and to repeal certain language of section 10.1.7 so as
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to change the term of office of the Personnel Director from an indefinite term during good behavior and efficient service to a definite term of four years. 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 of the public. This 27th day of July, 1972. /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 July 28, August 4, 11, 1972. /s/ Margaret Graham Advertising Accounting Sworn and subscribed before me, this 19th day of August, 1972. /s/ Essie Horton Notary Public, Georgia State at Large. My Commission Expires March 26, 1976. Filed in Office of Secretary of State, September 1, 1972.
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CITY OF ATLANTAPOLICE AND FIRE DEPARTMENT SALARIESPROVISIONS CHANGED. An ordinance to amend the Charter of the City of Atlanta so as to repeal in their entirety sections 3.1.19 and 3.1.20 dealing with equality and uniformity of salaries for certain designated positions within police and fire departments of the city; 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 Charter of the City of Atlanta, as contained in Volume I of the Charter, Related Laws and Code of Ordinances of the City of Atlanta, Georgia, as heretofore amended, is hereby further amended by repealing in their entirety Sections 3.1.19 (Ga. L. 1952, p. 2635) and 3.1.20 (Ga. L. 1957, p 3135) which read as follows: Section 3.1.19. Salaries of sergeants and officers of the police and fire departments shall be uniform in the respective departments for each rank. Such salary shall be an amount not less than the highest amount now paid to such sergeants and officers of the police department and officers in the fire department who were transferred to the city from Fulton County as a result of the plan of improvement. In determining what is the highest salary, a single exception to the rate of pay for a given rank may be disregarded. All salaries provided in this section are subject to uniform increases or decreases by the mayor and board of aldermen. Section 3.1.20. From and after the approval of this Act, the 1st assistant chief of the fire department of the City of Atlanta shall receive a salary equal to that of police superintendent in said city. The 2nd assistant chief of the fire department shall receive a salary amounting to 5% less than that hereinabove provided for the 1st assistant chief. Battalion chiefs, fire marshal, chiefs of training, superintendent of equipment, and the superintendent of fire alarms shall receive
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salaries equal to those paid police captains of said city. 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 Sept. 25, 1972. A true copy, /s/ J. J. Little City Clerk Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend sections 3.1.19 and 3.1.20 of Volume I of the Charter, Related Laws and Code of Ordinances of the City of Atlanta, Georgia, as amended, dealing with equality and uniformity of salaries for certain designated positions within the Police and Fire Departments of the City of Atlanta; 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
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the Clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public. This..... day of....., 1972. /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 11, 18, 25, 1972. /s/ Margaret Graham Advertising Accounting Sworn and subscribed before me, this 28th day of August, 1972. /s/ Anne S. Collins Notary Public, Georgia State at Large. My Commission Expires Jan. 18, 1976. Filed in Office of Secretary of State, September 12, 1972. Approved by Mayor Sept. 8, 1972. CITY OF ALBANYRECORDER'S COURTSENTENCES. An ordinance entitled an ordinance adopted under the provisions of the Municipal Home Rule Act of 1965 to amend
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the charter of the City of Albany, Georgia, by providing that the presiding officer of the Recorder's Court of the City of Albany shall have the power to suspend and/or probate sentences upon conditions, and to revoke such suspension or probation for a violation of conditions; and for other purposes. Be it ordained by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by the authority of the same: Section 1. Section 24 of the Charter of the City of Albany, Georgia, is amended by striking and repealing subparagraph 3 of said section 24, and ordaining in lieu thereof a new subparagraph 3 to read as follows: (3) Powers of Presiding Officer as to Penalties. The presiding officer of said court shall have the right and power to vacate or reduce penalties imposed by him at any time he deems such action to be in the interest of justice. He shall also have the power to suspend sentence and to permit them to be served on probation; and may affix to such suspension or probation such terms and conditions of suspension or probation as he shall consider reasonable and proper, including, but not limited to, those conditions of probation which Superior Court judges are authorized by law to impose. He may revoke any suspended or probated sentence for breach of condition after reasonable notice and hearing and require the remainder of the sentence to be served or carried out. Notwithstanding any of the foregoing provisions, however, no fines which have been paid and collected shall be refunded in whole or in part except by the Board of Commissioners of the City of Albany upon the written recommendation of the presiding officer who imposed the fine. Section 2. This ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive meetings, and after having complied with all of the provisions of the Municipal Home Rule Act of 1965.
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Section 3. This ordinance is cumulative of all other provisions of the Charter of the City of Albany and the laws of the State of Georgia with respect to the power and authority of the presiding officer of the Recorder's Court of the City of Albany, Georgia. /s/ Motie Wiggins Mayor Attest: /s/ M. G. Spurlin Adopted first time: Sept. 26, 1972. Adopted second time: Oct. 10, 1972. I certify this to be a true and exact copy of ordinance no. 1728, adopted on dates noted thereon. /s/ M. G. Spurlin, City Clerk Dated: October 12, 1972. Legal Notice City of Albany Proposed Amendment to Charter Notice is given that there has been filed with the Clerk of the City of Albany, Georgia, an ordinance proposing under the Municipal Home Rule Act of 1965 to amend Section 24 of the Charter of the City of Albany, Georgia, so as to provide that the presiding officer of the Recorder's Court of the City of Albany, Georgia, shall have the right to suspend and/or probate sentences, to fix and determine conditions for the suspension and probation of sentences, and to revoke suspension and probation for breach of conditions. A copy of said ordinance is on file in the Office of the Clerk of the City of Albany, Georgia, and a copy thereof is also on file in the Office of the Clerk of the Superior Court of Dougherty County, Georgia, and such ordinance is available
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at either of said places for the purpose of examination or inspection by the public. City of Albany By: /s/ M. G. Spurlin City Clerk, Albany, Georgia I certify this to be a true and exact copy. /s/ M. G. Spurlin City Clerk Dated: October 12, 1972 Georgia, Dougherty County. Personally appeared before the undersigned, an officer authorized to administer oaths in said State and County, Barbara Jones, who having been sworn, states that (s)he is Business Manager for The Albany Herald Publishing Company, Inc., that The Albany Herald Publishing Company, Inc. is the publisher of The Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the Sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is attached hereto as Exhibit A, was published in The Albany Herald once a week for three (3) weeks on the following dates: September 11, 18, 25, 1972. /s/ Barbara Jones Sworn to and subscribed before me, this 26 day of September, 1972. /s/ Pauline Black Notary Public (Seal).
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I certify this is a true and exact copy. /s/ M. G. Spurlin City Clerk Dated: October 12, 1972. Filed in Office of Secretary of State October 13, 1972. CITY OF NEWNANBOARD OF HEALTH ABOLISHED. An ordinance to amend the charter of the City of Newnan by repealing in its entirety Article VIII (section 8-1 thru section 8-5) and by so doing to abolish the board of health of the City of Newnan. Be it ordained by the Mayor and Aldermen of the City of Newnan, and it is hereby ordained by authority of the same, that Article VIII (section 8-1 thru section 8-5) of the municipal Charter of the City of Newnan is hereby repealed in its entirety. Be it further ordained that all duties and functions of the Board of Health set forth by said repealed sections are hereby assigned to the office of Superintendent of Sanitation. Be it further ordained that all provisions in the municipal Charter in conflict with this amendment be and the same are hereby repealed. Adopted in open session by the Mayor and Board of Aldermen of the City of Newnan, this the 11th day of September, 1972. /s/ Joe P. Norman Mayor /s/ T. Ed Craft /s/ Roy J. Cornay /s/ Ed Long /s/ Inez W. Slaton Aldermen
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Attest: /s/ Martha C. Ball City Clerk Reviewed: /s/ Richard A. Boles City Manager Reviewed: /s/ Charles L. Goodson City Attorney Filed in office this Oct. 10, 1972. /s/ Virginia Holbrook, Clerk Adopted for the second time in open session by the Mayor and Board of Aldermen of the City of Newnan, this the 9th day of October, 1972. /s/ Joe P. Norman Mayor /s/ T. Ed Craft /s/ Roy J. Cornay /s/ Ed Long /s/ Inez W. Slaton Aldermen Attest: /s/ Martha C. Ball City Clerk Reviewed: /s/ Richard A. Boles City Manager Reviewed: /s/ Charles L. Goodson City Attorney
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Legal Notice Notice is hereby given, in accordance with Georgia Code section 69-1017, that at the regular meeting of the Mayor and Board of Aldermen of the City of Newnan held on September 11, 1972, an ordinance was approved amending the Charter of the City of Newnan by repealing in its entirety Article VIII (Section 8-1 thru Section 8-5) of the Charter of the City of Newnan. Said proposed amendment would abolish the Board of Health of the City of Newnan and would transfer all the duties and functions of said Board of Health to the office of Superintendent of Sanitation. A copy of said proposed amendment is on file in the office of the Clerk of the City of Newnan and in the office of the Clerk of the Superior Court of Coweta County for the purpose of examination and inspection by the public. The Clerk of the City of Newnan will furnish anyone upon request a copy of the proposed amendment. Please take notice that said proposed amendment will come up for a second vote at the regular meeting of the Mayor and Board of Aldermen on Monday, October 9, 1972. This 11th day of September, 1972. /s/ Charles L. Goodson City Attorney Georgia, Coweta County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, E. W. Thomasson, who, being duly sworn, deposes and on oath says that he is the publisher of The Newnan Times-Herald, being the official organ of Coweta County and being the newspaper in which Sheriff's advertisements for said county are published, and further says that the foregoing and attached legal notice of an Amendment to the Charter of the City of Newnan was published in the Newnan Times-Herald on the following
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dates: September 14th, September 21st, and September 28th, 1972. This the 10th day of October, 1972. /s/ E. W. Thomasson Publisher Sworn to and subscribed before me, this 10th day of October, 1972. /s/ Deborah Aldridge Notary Public, State of Georgia. (Seal). Filed in Office of Secretary of State, October 13, 1972. CITY OF ATLANTACOOPERATIVE AREA MANPOWER EMPLOYEESINCLUDED IN UNCLASSIFIED SERVICE, ETC. An ordinance to amend the Charter of the City of Atlanta, Georgia, as contained in Volume 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 positions of the urban observatory director, the model cities director, and all employees related to the cooperative area manpower program; 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 Volume I 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
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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, the Urban Observatory Director, the Model Cities Program Director, and one other confidential employee of the Mayor, and all employees related to the Cooperative Area Manpower Program whose salaries are paid from Federal funds, either in whole or part. 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 October 16, 1972. A true copy J. J. Little, City Clerk 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 Volume 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 positions of Urban Observatory Director and Model Cities Program Director.
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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, 1972. J. J. Little, City Clerk City of Atlanta EXHIBIT A Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Jody Hudson who after being duly sworn states under oath that he 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, Friday, September 22, 1972; Friday, September 29, 1972 and Friday, October 6, 1972. /s/ Jody Hudson Sworn and subscribed before me this 12 day of October, 1972. /s/ Anne S. Collins Notary Public, Georgia State at Large My Commission Expires Jan. 18, 1976. Filed in Office of Secretary of State, November 1, 1972. Approved by Mayor October 19, 1972. CITY OF ATLANTAOFFICERS AND EMPLOYEESCLASSIFICATIONS. An ordinance to amend the Charter of the City of Atlanta, Georgia, as contained in volume I of the Charter and Related
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Laws of the City of Atlanta, Georgia, with respect to classifications of City of Atlanta, Georgia, officers and employees. Be it ordained by the Mayor and Board of Aldermen of the City of Atlanta, Georgia, that: Section 1. Volume I of the Charter and Related Laws of the City of Atlanta, Georgia, be amended upon the enactment of this section wherever in the Charter and Related Laws of this City, the following words appear they shall be construed to mean the word opposite the title of each: ORIGINAL TITLE NEW TITLE Airport Manager Airport Director Auditorium Manager Civic Center Director Inspector of Buildings Building Official Building Superintendent City Hall Superintendent Chief of Construction Public Works Director Superintendent of Electrical Affairs Chief Electrical Inspector Garage Superintendent Garage Services Superintendent Purchasing Agent Purchasing Director Prison Superintendent Correction Farm Administrator Water Works General Manager Water Department Director First Assistant Sanitary Engineer Sanitation Superintendent Chief Law Clerk Municipal Court Counselor Deputy Planning Director Urban Planning Deputy Director Assistant General Manager of Parks Parks Maintenance Superintendent Chief Traffic Judge Judge Chief General Judge Judge Deputy Clerks of the Courts Court Clerk Municipal Judge Judge Associate Associate Municipal Judge Judge Chief Associate Assistant General Manager of the Water Works Water Dept. Assistant Director Administrative Assistant to the Mayor Chief Administrative Officer
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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. /s/ J. J. Little City Clerk Adopted by the Board of Aldermen Dec. 4, 1972. Adopted by the Mayor Dec. 8, 1972. Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend Volume I of the Charter and Related Laws of the City of Atlanta, Georgia with respect to classifications of City of Atlanta, Georgia, Officers and Employees, so that where any of the following titles (Original Title) appears in the Charter and Related Laws of the City of Atlanta, Georgia, that title shall be construed to mean the title (New Title) appearing beside of each: ORIGINAL TITLE NEW TITLE Airport Manager Airport Director Auditorium Manager Civic Center Director Inspector of Buildings Building Official Building Superintendent City Hall Superintendent Chief of Construction Public Works Director Superintendent of Electrical Affairs Chief Electrical Inspector Garage Superintendent Garage Services Superintendent Purchasing Agent Purchasing Director Prison Superintendent Correction Farm Administrator Water Works General Manager Water Department Director First Assistant Sanitary Engineer Sanitation Superintendent Chief Law Clerk Municipal Court Counselor Deputy Planning Director Urban Planning Deputy Director Assistant General Manager of Parks Parks Maintenance Superintendent Chief Traffic Judge Judge Chief General Judge Judge Deputy Clerks of the Courts Court Clerk Municipal Judge Judge Associate Associate Municipal Judge Judge Chief Associate Assistant General Manager of the Water Works Water Dept. Assistant Director Administrative Assistant to the Mayor Chief Administrative Officer
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A copy of the proposed amendment to the Charter is on file in the Office of the City Clerk of Atlanta and the Offices of the Clerk of the Superior Court of Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This 17th day of November, 1972. /s/ J. J. Little, City Clerk City of Atlanta
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EXHIBIT A Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Jody Hudson who after being duly sworn states under oath that he 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. November 17, 24, 1972. December 1, 1972. /s/ Jody Hudson Advertising Accounting Sworn to and subscribed before me, this 7 day of December, 1972. /s/ Anne S. Collins Notary Public, Georgia State at Large My Commission Expires Jan. 13, 1976. Filed in Office of Secretary of State, December 21, 1972. CITY OF SHELLMANAPPOINTMENT OF CERTAIN OFFICERS AUTHORIZED. A Resolution. Be it resolved by the Mayor and Council of the City of Shellman, Georgia, and it is hereby resolved by authority of the same, that the Charter of said city as set forth in the Ga. L. of 1950, p. 2650, section 15 be amended, and the same is hereby amended and it is hereby ordained and enacted by said authority as follows:
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The Clerk and Treasurer, Chief of Police and all additional policemen, City Attorney, Superintendent of Water Works and Electric Lights, City Engineer, and all other officers and employees not elected by the voters of said city may be appointed or elected by the Mayor and Council without regard to residence. Certificate. I, Irma S. Kimbrell, Clerk of the City of Shellman, Georgia, do hereby certify that the attached and foregoing is a true and correct copy of a resolution amending the charter of said city, which resolution was passed and adopted by the Mayor and Council of the City of Shellman, Georgia, at a regular meeting of said Mayor and Council held on the 7th day of November, 1972, and which was again passed and adopted at a regular meeting of said Mayor and Council held on December 4, 1972, after the same had been published for three weeks within a period of sixty days immediately preceding the date of final adoption in the official newspaper of Randolph County, Georgia, all as provided by law; said resolution being spread upon the official minutes of said meetings and entered in the official records of said city, which are under my custody and control at the City Hall in Shellman, Georgia. This 11 day of December, 1972. /s/ Irma S. Kimbrell City Clerk Georgia, Randolph County. Personally appeared before the undersigned attesting officer in and for said State and County, Joel P. Smith, who, on oath, says that he is the publisher of The Cuthbert Times, the newspaper in which sheriff's advertisements appear for Randolph County, Georgia, and that the notice, a copy of which is attached hereto, was published in the issues of said newspaper on the following dates, to-wit: November 16, November 23, and November 30, 1972. /s/ Joel P. Smith
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Sworn to and subscribed before me, this 4 day of December, 1972. /s/ Lynnette M. Jaxor Notary Public, Barbour County, Alabama (Seal). Notice. Notice is hereby given that an amendment to the Charter of the City of Shellman, Georgia, as set forth in the Ga. L. of 1908, p. 915 thru 923, as amended, has been proposed for adoption by the Mayor and Council for said City as authorized by the Home Rule Act of 1965 (Georgia Code Section 69-1017 (b) (1)), as follows: To provide that a Clerk and Treasurer, Chief of Police, Superintendent of Waterworks and Electric Lights, City Engineer, and all other non-elected officers may be appointed by the Mayor and Council without regard to residence. A copy of the proposed amendment is on file in the office of the City Clerk of said city, and in the office of the Clerk of the Superior Court of Randolph County, Georgia. Filed in Office of Secretary of State, December 14, 1972. CITY OF MACONPUBLIC TRANSIT SYSTEM AUTHORIZED. 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, p. 298, et seq., as amended), section 69-1017, et seq., Ga. Code 1933, Ann., to amend the charter of the City of Macon, as the same may have heretofore been amended, by enacting and adding thereto a new section, to be numbered section 23B., to authorize and empower the City of Macon to acquire, by lease or purchase, construct, own and operate a public transit system for the transportation of passengers both within and without the corporate limits of the City of
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Macon and to appropriate properties, services and funds therefor, to contract with Bibb Transit Company for continued operation by said company of its public transportation system and to appropriate and pay funds to said company therefor; to appropriate, grant and convey properties, funds and services to a transit authority, created by act of the General Assembly of Georgia, for acquisition, by lease or purchase, construction, ownership and operation by the authority of a transit system in the City of Macon for the transportation of passengers both within and without the corporate limits of the City of Macon; to adopt ordinances, rules, regulations and measures to carry out the authority granted, and for other purposes. 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 Municipal Home Rule Act of 1965 (Ga. L. 1965 p. 298, et seq., as amended), section 69-1017, et seq., Ga. Code, 1933, Ann. the Charter of the City of Macon, as the same may have heretofore been amended, is hereby further amended by enacting and adding thereto a new section, to be numbered section 23b., as the same will appear in the 1962 Code of the City of Macon, as follows: Section 1. Sec. 23b. Transit System Authorized, Etc. The City of Macon shall have full power and authority to acquire, by lease or purchase, to construct, to own and to operate a public transit system for transportation of passengers both within and without the corporate limits of the City of Macon and to appropriate properties, services and funds therefor. The City of Macon shall have full power and authority to contract with Bibb Transit Company for continued operation by said company of its public transportation system on such terms and conditions as may be agreed upon by the City of Macon and the Company and to appropriate and pay funds to said Company therefor. The City of Macon shall have full power and authority to appropriate, grant and convey properties, funds and services to a Transit Authority, created by Act of the General Assembly
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of Georgia, for acquisition, by lease or purchase, construction, ownership and operation by the Authority of a transit system in the City of Macon for the transportation of passengers both within and without the corporate limits of the City of Macon. The City of Macon shall have full power and authority to adopt such ordinances, rules, regulations and measures as may be deemed needful and necessary to carry out the authority herein granted. It is expressly provided that no appropriation made by the Mayor and Council of the City of Macon, pursuant to the authority granted in this section, shall be used for entertainment purposes nor shall any such appropriation have the effect of increasing the ad valorem tax millage limitations now or hereafter otherwise imposed by law. Section 2. The amendment to the Charter of the City of Macon, adopted by this ordinance, shall become effective immediately upon final adoption 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, Code of Georgia, 1933, Annotated (Ga. L. 1965, pp. 298, et seq.). Duly adopted by Council on the 12th day of December, 1972 and on the 19th day of December, 1972. Ronnie Thompson, Mayor, and Ronnie Thompson, Mayor. Georgia, Bibb County. I, Alex. B. Cameron, Clerk of Council of the City of Macon, Georgia, do hereby certify that the attached is a true copy of the original ordinance as the same appears on file in my office at the City Hall, Macon, Georgia. I further certify that said ordinance was duly adopted by City Council and approved by the Mayor at two regular consecutive meetings
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of the Mayor and Council of the City of Macon, Georgia, held on December 12th and 19th, 1972. So certified under my hand and the seal of the City of Macon, this December 20th, 1972. /s/ Alex. B. Cameron Clerk of Council, City of Macon, Georgia 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 Charter of the City of Macon, pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, pp. 298, et seq.), which shall authorize and empower the City of Macon to acquire, by lease or purchase, construct own and operate a public transit system for the transportation of passengers both within and without the corporate limits of the City of Macon and to appropriate properties, services and funds therefor; to contract with Bibb Transit Company for continued operation by said Company of its public transportation system and to appropriate and pay funds to said Company therefor; to appropriate, grant and convey properties, funds and services to a Transit Authority, created by Act of the General Assembly of Georgia, for acquisition, by lease or purchase, construction, ownership and operation by the Authority of a public transit system in the City of Macon for the transportation of passengers both within and without the corporate limits of the City of Macon; to adopt such ordinances, rules, regulations and measures as may be deemed needful and necessary to carry out the authority granted; to provide that no appropriation made by the Mayor and Council of the City of Macon, pursuant to the authority granted in said charter amendment, shall be used for entertainment purposes nor have the effect of increasing ad valorem tax millage limitations imposed by law. A copy of the proposed charter amendment is on file in the office of the Clerk of City Council, City Hall, Macon,
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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 9th day of November, 1972. /s/ Lawton Miller City Attorney Georgia, County Bibb. Personally appeared before me, a Notary Public within and for above State and County, Mary Anna Braunstein, 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: November 11, 18, 25, 1972. /s/ Mary Anna Braunstein Sworn to and subscribed before me, this 25th day of November, 1972. /s/ Peter A. Bikus Notary Public, Bibb County, Georgia. (Seal). Filed in the Office of Secretary of State, December 22, 1972. Approved on the 12th day of December, 1972. Approved on the 19th day of December, 1972.
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VETOES (1972-1973 Session) Veto No. Bill No. Subject Veto Date Act 1 SB 5 Income Tax Payments: Quarterly Returns 3-29-73 Act 2 SB 32 Criminal Cases: Discovery Inspection 4-3-73 Act 3 HB 1208 City of Dublin: Corporate Limits 4-4-73 Act 4 HB 901 Macon Board of Water Comm.: Abolish 4-11-73 Act 5 SB 279 Bingo, Non-Profit Game: Excluded as gambling 4-13-73 Act 6 HB 722 Columbus, City of: Municipal Ct.-Dep. Marshal 4-13-17 Act 7 HB 723 St. Officer or Employees: Selling to State Agencies 4-13-73 Act 8 SB 202 Employees: Defer Compensation-Consent 4-16-73 Act 9 SB 289 Motor Vehicles: Flashing Red Lights 4-16-73 Act 10 SB 308 Automobiles: Manufacturer's Warranty 4-16-73 Act 11 SB 405 Fannin County: Ordinary-Salary 4-16-73 Act 12 HB 645 Incorp. Municipality: Minimum Standards 4-16-73 Act 13 HB 784 Landlords: Powers: Rents and Distress Warrant 4-16-73 Act 14 HR 290-1091 Bartow County: Convey Property 4-17-73 Act 15 HB 23 Peace Officers' Ret: Disability Benefits 4-17-73 Act 16 HB 161 Forest Fire Protection: Provide Funds 4-17-73 Act 17 HB 411 Correctional Ind. Adm. Composition 4-17-73 Act 18 HB 585 Hall-Gainesville: Property Ad. Val. Tax 4-17-73 Act 19 HB 586 Property: Fair Mkt. Tax: Exceptions 4-17-73 Act 20 HB 943 Habersham County: November Election 4-17-73 Act 21 SB 265 Marijuana Possession: Change Penalty 4-18-73 Act 22 HB 577 Atlanta, City of: Aged: Ad. Val. Tax 4-18-73 Act 23 HB 1059 Richmond County: Aged: Homestead Exemption 4-18-73 Act 24 HB 1071 Clayton County: Aged: Homestead Exemption 4-18-73 Act 25 HB 1079 Douglas County: Aged: Homestead Exemption 4-18-73 Act 26 HB 1082 Carroll County: Aged: Homestead Exemption 4-18-73 Act 27 HB 1221 Muscogee County: Aged: Homestead Exemption 4-18-73 Act 28 HB 1228 City of Varnell, Corporate Limits 4-18-73 Act 29 HB 6 Dept. of Public Safety: G.B.I.: Widows' Benefits 4-18-73 Act 30 HB 21 Creation of Driver License Medical Advisory Board 4-19-73 Act 31 HB 39 Public School Teachers' Health Insurance Plan 4-19-73 Act 32 HB 92 Board of Dental Exam: Expenses Per Diem 4-19-73 Act 33 HB 137 Exempt Board of Regents from reorganization 4-19-73 Act 34 HB 169 School Funds: Keeping Funds Separated 4-19-73 Act 35 HB 193 Teachers' Retirement System: Retirement Benefits 4-19-73 Act 36 HB 280 Compiling of Acts Resolutions 4-19-73 Act 37 HB 315 School Employees and Retirement Systems 4-19-73 Act 38 HB 442 Boards of Education: Liability Insurance 4-19-73 Act 39 HB 533 Regulation of Private Employment Agencies 4-19-73 Act 40 HB 700 Physically Handicapped: Public Buildings Accessible 4-19-73 Act 41 HB 1125 MFPE: Initial adjustment of allotments and personnel 4-19-73 Act 42 SB 43 Employees Retirement System: Mandatory Retirement Age 4-19-73 Act 43 SB 107 Anatomical gift act: Definition of death(s) 4-19-73 Act 44 SB 209 Prisoner: Serve time 30 days after conviction 4-19-73 Act 45 SB 236 Uniform Reciprocal enforcement of supportAmend 4-19-73 Act 46 SB 314 Dot; Warning Devices of Drawbridges 4-19-73 Act 47 SB 9 State Properties: Lease tract to Baldwin-Mill 4-19-73 Act 48 HR 140-535 Building Authority: Parking for General Assembly Members 4-19-73 Act 49 HB 100-332 Compensate: Mr. Larry Wayne Pruitt 4-19-73
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COUNTIES AND SUPERIOR COURT CIRCUITS
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SUPREME COURT OF GEORGIA CARLTON MOBLEY Chief Justice BENNING M. GRICE Presiding Justice H. E. NICHOLS Associate Justice HIRAM K. UNDERCOFLER Associate Justice PEYTON S. HAWES Associate Justice WILLIAM B. GUNTER Associate Justice ROBERT H. JORDAN Associate Justice MISS MAUD SAUNDERS Law Assistant MRS. MARGARET WARE DEIMLING Law Assistant BEN G. ESTES Law Assistant MRS. EFFIE A. MAHAN Law Assistant H. GRADY ALMAND, JR. Law Assistant JOHN E. GIRARDEAU Law Assistant JOHN ANDY SMITH, JR. Law Assistant MRS. JOLINE BATEMAN WILLIAMS Clerk MRS. EVA F. TOWNSEND Deputy Clerk MRS. HAZEL E. HALLFORD Deputy Clerk WILEY H. DAVIS Reporter GUY M. MASSEY Asst. Reporter COURT OF APPEALS OF GEORGIA JOHN SAMMONS BELL Chief Judge ROBERT H. HALL Presiding Judge HOMER C. EBERHARDT Presiding Judge CHARLES A. PANNELL Judge BRASWELL D. DEEN, JR. Judge J. KELLEY QUILLIAN Judge RANDALL EVANS, JR. Judge H. SOL CLARK Judge IRWIN W. STOLZ, JR. Judge RICHARD L. RICE 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 ROBERT H. BRINSON, JR. Law Assistant CHRISTINE D. HELMS Law Assistant CHARLES N. HOOPER Law Assistant MORGAN THOMAS Clerk MISS EDNA E. BENNETT Deputy Clerk WILEY H. DAVIS Reporter GUY M. MASSEY Asst. Reporter
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JUDGES, DISTRICT ATTORNEYS, AND CALENDAR ALAPAHA CIRCUIT. HON. H. W. LOTT, Judge, Lenox, Ga. VICKERS NEUGENT, D.A., Austin St., Pearson. AtkinsonThird Monday in January October. BerrienThird Monday in February November. ClinchFirst Monday in March and November. CookFirst Monday in February and October. LanierSecond Monday in January September. ALCOVY CIRCUIT. HON. THOMAS W. RIDGWAY, Judge, P.O. Box 166, Monroe JOHN T. STRAUSS, D.A., Covington. NewtonFirst Monday in January, April, July and October. WaltonThird Monday in February, May, August and November. ATLANTA CIRCUIT. HONS. CLAUDE D. SHAW, Chief Judge, LUTHER ALVERSON, J. C. (JEP) TANKSLEY, SAM P. McKENZIE, JACK P. ETHERIDGE, CHARLES A. WOFFORD, LLOYD ELMO HOLT, OSGOOD O. WILLIAMS, G. ERNEST TIDWELL, JOHN S. LANGFORD, Judges, Atlanta. LEWIS R. SLATON, D.A., Atlanta. FultonFirst Monday in January, March, May, July, September, and November. ATLANTIC CIRCUIT. HONS. PAUL E. CASWELL, Senior Judge, Hinesville, J. MAX CHENEY, Judge, Reidsville. JOHN W. UNDERWOOD, D.A., Hinesville BryanThird Monday in March; first Monday in November. EvansFirst Monday in April and October. LibertyThird Monday in February and September. LongFirst Monday in March; third Monday in August. McIntoshFourth Monday in February and May; second Monday in September; first Monday in December. TattnallThird Monday in April and October.
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AUGUSTA CIRCUIT. HONS. JOHN F. HARDIN, WILLIAM M. FLEMING, JR., EDWIN D. FULCHER, FRANKLIN H. PIERCE, Judges, Augusta, RICHARD E. ALLEN, D.A., Augusta. BurkeFourth Monday in April and October. ColumbiaFourth Monday in March and September. RichmondThird Monday 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 Monday 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. GORDON KNOX, JR., Judge, Hazlehurst. GLENN THOMAS, JR., D.A., P. O. Box 416, Jesup. ApplingSecond and third Mondays in February; third and fourth Mondays in October. CamdenFirst Monday in April and November; third Monday in June. GlynnSecond Monday 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 Monday in January and June.
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CHATTAHOOCHEE CIRCUIT. HONS. J. ALVAN DAVIS, Presiding Judge, Courthouse, Columbus, JOHN H. LAND, Judge, R.F.D., Whitesville Rd., Columbus, OSCAR D. SMITH, JR., Judge, Columbus. E. MULLINS WHISNANT, D.A., Hamilton ChattahoocheeFourth Monday in March and September. HarrisSecond Monday in January, May and September. MarionFourth Monday in April and October. MuscogeeFirst Monday in February, April, June, August, October and December. TalbotSecond Monday in March and November; third Monday in August. TaylorFirst and second Monday in January and July. CHEROKEE CIRCUIT HON. JEFFERSON L. DAVIS, Judge, Box 128, Cartersville. DAVID N. VAUGHAN, JR., D.A., P.O. Box 534, Cartersville. BartowFirst Monday in February and August; fourth Monday in April and October. GordonFirst Monday in March and December; second Monday in September; fourth Monday in May. CLAYTON CIRCUIT. HONS. HAROLD BANKE, Chief Judge,% Courthouse, Jonesboro. MARVIN A. MILLER, Judge, Jonesboro. WILLIAM H. (BILL) ISON, D.A., Jonesboro. ClaytonFirst Monday in February, May, August and November. COBB CIRCUIT. HONS. HOWELL COBB RAVAN, Judge, Marietta. LUTHER C. HAMES, JR., Judge, Marietta. JAMES L. BULLARD, Judge, Marietta. GEORGE W. (BUDDY) DARDEN, D. A., Marietta. CobbSecond Monday in January, March, May, July, September and November.
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CONASAUGA CIRCUIT. HON. ROBERT VINING, JR., Judge, Dalton. SAM BRANTLEY, D.A., Dalton. MurraySecond Monday in February and October; fourth Monday in May; first Monday in August. WhitfieldSecond Monday 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 Monday 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 Monday in June and November, and the Mondays following each of them. COWETA CIRCUIT. HON. LAMAR KNIGHT, Judge, P. O. Box 315, Carrollton. ELDRIDGE W. FLEMING, D.A., Hogansville. CarrollFirst Monday in April and October. CowetaFirst Monday in March; first Tuesday in September. HeardThird Monday in March and September. MeriwetherThird Monday in February, May, August, and November. TroupFirst Monday 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 Monday in January, March, May, July, September, and November.
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DUBLIN CIRCUIT. HON. W. H. (BILL) WHITE, Judge, Dublin. BEVERLEY B. HAYES, JR., D. A., Dublin JohnsonThird Monday in March, June, September, and December. LaurensFourth Monday in January, April, July and October. TreutlenThird Monday in February and August. TwiggsSecond Monday in January, April, July, and October. EASTERN CIRCUIT. HONS. DUNBAR HARRISON, GEORGE E. OLIVER, FRANK S. CHEATHAM, JR., Judges, Savannah. ANDREW JOE RYAN, JR., D.A., Savannah. ChathamFirst Monday 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 April 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.
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GWINNETT CIRCUIT. HON. CHAS. C. PITTARD, Judge, Duluth. REID MERRITT, Judge, P. O. Box 352, Lawrenceville. WILLIAM BRYANT HUFF, D.A., 256 Crogan St., Lawrenceville. GwinnettFirst Monday in January, March, May, July and November; second Monday in September. HOUSTON CIRCUIT. HON. WILLIS B. HUNT, JR., Judge, Perry. R. JONEAL LEE, D.A., Warner Robins. HoustonFirst Monday in January, March, May, July, September and November. 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 Monday in February and August. DadeFirst Monday in April; second Monday in October. WalkerFirst Monday in May and November. MACON CIRCUIT. HONS. HAL BELL, C. CLOUD MORGAN, Judges, Macon; GEORGE B. CULPEPPER III, Judge, Ft. Valley. FRED M. HASTY, D.A., Macon. BibbFirst Monday in February, April, June, August, October, and December. CrawfordThird and fourth Mondays in March and October. PeachFirst and second Mondays in March and August; third and fourth Mondays in November.
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MIDDLE CIRCUIT. HON. WALTER C. McMILLAN, JR., Judge, P. O. Box 701, Sandersville. H. REGINALD THOMPSON, D. A., P. O. Box 286, Swainsboro. CandlerFirst and second Mondays in February and August. EmanuelSecond Monday in January, April, July and October. JeffersonSecond Monday in May and November. ToombsFourth Monday in February, May, August, and November. WashingtonFirst Monday in March, June, September and December. MOUNTAIN CIRCUIT. HON. JACK N. GUNTER, Judge, Cornelia. V. D. STOCKTON, D. A., Clayton. HabershamFirst Monday in February and November; second Monday in June. RabunFourth Monday in February and November; first Monday in August. StephensSecond Monday 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, P. O. Box 1353, Gainesville. JEFF WAYNE, D.A., P. O. Box 430, Gainesville. DawsonFirst Monday in February and August. HallFirst Monday in May and November; second Monday in January, March, July and September. LumpkinFourth Monday in February and August. WhiteFirst Monday in April and October.
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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 Monday in February and October; fourth Monday in May. MadisonThird Monday in February and August. OglethorpeThird Monday in April; first Monday in November. OCMULGEE CIRCUIT. HONS. GEORGE S. CARPENTER, Judge, Milledgeville, GEORGE L. JACKSON, Judge, Gray JOSEPH B. DUKE, D.A., Milledgeville. BaldwinSecond Monday in January, April, July, and October. GreeneFourth Monday in January, April, July, and October. HancockFourth Monday in March and September; second Monday in June and December. JasperSecond Monday in February, August, and November. JonesFirst Monday in February and August; third Monday in April and October. MorganFirst Monday in March, June, September, and December. PutnamThird Monday in March, June, September, and December. WilkinsonFirst Monday 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 Monday in July and November. DodgeThird Monday in February, May, August and November. MontgomeryFirst Monday in February, May, August and November. PulaskiSecond and third Mondays in March and September; second Monday in June and December. TelfairFourth Monday in February and June; third and fourth Mondays in October. WheelerSecond Monday in February and October; third Monday in June.
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OGEECHEE CIRCUIT. HON. WILLIAM COLBERT HAWKINS, Judge, Sylvania. J. LANE JOHNSTON, D. A., Statesboro. BullochThird Monday in February, May, August, and November. EffinghamThird Monday in June; 1st Monday in December. JenkinsThird Monday in March and September. ScrevenThird Monday in January, April, July and October. PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. RALPH H. FOSTER, D. A., Blakely. ClayThird Monday in March and November. EarlyThird Monday in January and July. MillerFourth Monday in April and October. QuitmanFourth Monday in March and September. RandolphFirst Monday in May and November. SeminoleSecond Monday in April and October. TerrellFirst Monday 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 Monday in May and November. JacksonFirst and second Mondays in March; second and third Mondays in September. ROME CIRCUIT. HONS. ROBERT L. SCOGGIN, ROBERT L. ROYAL, Judges, Rome. LARRY SALMON, D. A., Rome. FloydSecond Monday in January, March, July and September; first Monday in May and November.
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SOUTH GEORGIA CIRCUIT. HON. ROBERT E. L. CULPEPPER, JR., Judge, Camilla. A. WALLACE CATO, D.A., P. O. Box 65, Bainbridge. BakerThird Monday in January and July. CalhounLast Monday in May and November. DecaturFirst Monday in February, May and November. GradyThird Monday in March, August and September. MitchellSecond Monday in January and July; third Monday in April and October. SOUTHERN CIRCUIT. HONS. MARCUS B. CALHOUN, Judge, Thomasville; GEORGE A. HORKAN, JR., Judge, Moultrie. H. LAMAR COLE, D. A., Valdosta. BrooksFirst Monday in May and November. ColquittFirst Monday in January, April July and October. EcholsFirst Monday in February and August. LowndesFirst Monday in March, June, September, and December. ThomasThird Monday 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 Monday in April and October. MaconSecond Monday in May and November. SchleySecond Monday in February and August. StewartSecond Monday in January and July. SumterFourth Monday in February, May and August; first Monday in December. WebsterFourth Monday in January and July. STONE MOUNTAIN CIRCUIT. HONS. H. O. HUBERT, JR., Decatur; WILLIAM T. DEAN, Conyers; CLEARENCE L. PEELER, JR., Decatur; CURTIS V. TILLMAN, Decatur; CLYDE HENLEY, Stone Mountain; TOLBERT M. ALLEN, JR., Decatur; RAY C. NORVELL, Atlanta, Judges. RICHARD BELL, D. A., 794 Allgood Rd., Rt. 5, Stone Mountain. DeKalbFirst Monday in March, June, September, and December. RockdaleFirst Monday in February, May, August and November.
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TALLAPOOSA CIRCUIT. HON. DAN WINN, Chief Judge, Cedartown. HAROLD L. MURPHY, Judge, Buchanan. JOHN T. PERREN, D. A., Dallas. DouglasThird Monday in March and September. HaralsonFourth Monday in April; second Monday in August and November. PauldingSecond Monday in April; fourth Monday in July; third Monday in October. PolkFourth Monday in February and August. 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 Monday in March and September; first and second Mondays in June and December. TurnerSecond and third Mondays in January and July; second Monday in April and October. WorthFourth Monday 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 Monday in February, May, August and November. LincolnFourth Monday in January, April, July and October. McDuffieSecond Monday in March, June, September and December. TaliaferroFourth Monday in February, May, August, and November. WarrenThird Monday in January; first Monday in April, July and October. WilkesFirst Monday in February, May, August, and November.
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WAYCROSS CIRCUIT. HON. BEN A. HODGES, Judge, Waycross. DEWEY HAYES, D.A., Douglas. BaconFourth Monday in May and November. BrantleyFirst Monday in February, first Tuesday in September. CharltonFourth Monday in February and September. CoffeeThird Monday in March and October. PierceFirst Monday in May; second Monday in December. WareSecond Monday in April and November. WESTERN CIRCUIT. HON. JAMES BARROW, Judge, Athens. HARRY N. GORDON, D. A., 244 E. Washington St., Athens. ClarkeSecond Monday in January, April, July and October. OconeeFourth Monday in January and July.
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TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Atlanta, City of; homestead exemptions, certain, authorized, proposed amendment to the Constitution 1491 Calhoun, City of; Hand Up, Inc., appropriation to, authorized; proposed amendment to the Constitution 1505 Cobb County; homestead exemption, certain, provided, proposed amendment to the Constitution 1522 Cobb County; local law authorized; zoning and planning powers; proposed amendment to the Constitution 1527 Corporations; secretary of State, authority to grant powers to; proposed amendment to the Constitution 1502 Covington, City of; parking authority created; proposed amendment to the Constitution 1506 East Point; increased retirement benefits provided for certain persons, proposed amendment to the Constitution 1495 Floyd County; medical examiner, office created, proposed amendment to the Constitution 1499 Gas and Electric Systems; bonds, revenue, elections, majority vote requirement deleted, proposed amendment to the Constitution 1496 Gordon County; Hand Up, Inc., appropriation to, authorized; proposed amendment to the Constitution 1504 Houston County; businesses, license fees, unincorporated area; proposed amendment to the Constitution 1525 Municipalities; certain increased retirement benefits provided (300,000 or more) 1493 Oconee County; certain traffic regulation authorized 1487 Perry, City of; homestead exemptions increased, proposed amendment to the Constitution 1500 State Court of Claims; created 1489 Unified Judicial System; created 1486 CODE SECTIONS 4-214.1EnactedPower of attorney not revoked by certain incompetency, etc. 493 13TitleAmendedBankscertain expansions authorized, etc. 525 13-203.1AmendedBanks and Banking, population requirements, determination (120,000 or less) 127 13-204.2EnactedInvestments, certain advertisements prohibited, etc. 534 13-207AmendedBank Holding Companiesvoting stock 281 13-1401AmendedBankscertain stock provisions, made, etc. 278 13-1405AmendedBankscertain stock provisions made, etc. 278
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13-2002AmendedBank directors, qualifications changed 811 13-9933AmendedChecks drawn without funds, etc. 491 21-105AmendedCoronersCertain population figures changed (10,600-10,900) 565 21-105AmendedCoronerscertain, compensation changed (55,100-58,000) 2524 22-903Amendedcorporations, shares, issuance without class voting, etc. 833 23-1113AmendedCounty surveyors, substitutes designated 639 23-2304AmendedPaupers, burial, expenses increased (56,000-60,000) 594 24ATitleJuvenile Court Code, Amendedcertain concurrent jurisdiction provided, etc. 882 24ATitleJuvenile Court Code, Amended, community rehabilitation centers provided 579 26-TitleAmendedImposition of Death Penalty 159 26-401 (a)AmendedUnsorn statement law abolished 292 26-12ChapterAmended, Abortions 635 27-101.2AmendedDrug sellers, reward increased, etc. 725 27-405AmendedUnsworn statement law abolished 292 27-701.1EnactedBail, refusal of, grand jury must hear in 90 days 291 27-901BailCertain offenses before superior court judge; pending appeal in misdemeanors 454 30-102AmendedDivorce, Irretrievably broken, ground for 557 32-908Amendedcounty boards of education, meetings 700 32-911AmendedImmunizations of school children, time provisions changed, etc. 910 32-1005AmendedCounty school superintendents, bonds 577 34-8ChapterAmendedSpecial and general elections, time for 174 34-10AChapterEnactedPresidential Preference Primary Law 221 34-1338AmendedProcessing defective ballot cards 175 34A-501AmendedMunicipalities, certain, required to use county voters list, etc. (27,000-28,000) 277 38-415AmendedUnsworn statement law abolished 292 38-627AmendedEvidence, authentication of foreign legislative acts provided 299 38-630AmendedEvidence, authentication of foreign legislative acts provided 299 40-304AmendedGovernor, power to appoint secretaries, etc. 665 40-4AmendedAnnual appropriations provided 673 46-1504AmendedStock and Mutual insurers 185 49-313AmendedSuccessor guardians provided 609 49-604AmendedGuardians, appointments, when hospitalization not required, etc. 827 49-604AmendedSuccessor guardians, provided 610 49-706AmendedOrdinary as custodian, funeral expense payment 829
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50TitleAmendedHabeas corpus, grounds must be raised in original petition 1315 53-201.1EnactedMarriage manuals provided for applicants 879 56TitleAmendedInsurance, interest rate for computing certain minimum reserves increased 617 56TitleAmendedSurplus Lines Brokers, examination provided, etc. 499 56-407AAmendedUninsured motorists, subsection, redesignated, etc. 487 56-1504AmendedStock and Mutual Insurers, charters 185 56-17AmendedHospital Service Nonprofit Corporations, health care contracts authorized, etc. 813 59-106AmendedJurorsselection from voters' list 484 59-201AmendedGrand Jury, public officials, certain, ineligible for 726 56-317.1AmendedInsurance, Commissioner, fine imposition, power expanded 668 59-6RepealedCertain grand jury charges 716 59-801AmendedJuriesfelony trials, number changed, etc. 286 56-18AmendedNonprofit Medical Service corporations, health care contracts authorized, etc. 813 65-2AmendedAgricultural products redefined, fisheries included, etc. 835 66-1AmendedEmployment and wages, payment in other forms authorized 672 68-1ChapterAmended, Motorized cart defined, etc. 595 68-201AmendedMotor vehicle, registration, penalty fees, collection, etc. 781 68-205AmendedMotor vehiclesregistration of 455 68-221AmendedMotor Vehiclesnon-residentsoperation period changed 342 68.5ChapterAmendedMotor Contract CarriersUniform license requirements, etc. 643 68-611.1EnactedMotor Common Carrierstemporary emergency authority, etc. 641 68-1001AmendedMotor vehicles, reciprocal agreements, governor authorized to negotiate certain 559 69-704.1AmendedMunicipalities, certain judges may be appointed 489 73-2AmendedPetroleum products, certain penalties provided 790 74-111AmendedChildren, abuse of, reports expanded 309 74-3RepealedIllegitimate child, support by accused father, etc. 697 74-9902AmendedIllegitimate child, support by accused father, etc. 697 79-5AmendedName change of minors, consent required 504 79A-9917AmendedMarijuana, penalty for possession of certain, reduced 688
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81-1402AmendedMembers, General AssemblyCounsel or party in trial court, excused 478 84TitleAmendedReal estate brokers and salesmen 100 84-104AmendedLicenses, determination of expiration date provided, etc. 1481 84-601AmendedPodiatrists, redefined 824 84-901AmendedPhysicians, certain definitions provided, etc. 877 84-907.6EnactedMedical Practitioners, certain licentiates, exempt from examination 226 84-15ChapterAmendedVeterinary Practice Act amended 260 84-17AmendedAuction Salespersonal property sale regulation provided 494 88TitleAmended, abortions 635 88-903AmendedAir Quality Control Act amended 1285 88-13AmendedGeorgia Radiation Control Act 920 88-2515EnactedRights of mentally retarded protected 806 88-26AmendedWater Supply Quality Control Act Amended 1289 88-2603AmendedFluoridation of certain water supplies 148 88-1802 (d)AmendedHospital Authorities, project redefined 190 91-1AChapterAmendedState Properties Code enacted 857 92-14ChapterAmendedCompressed petroleum gas exemption 55 92-2406RepealedBanksCertain federal and national banking institutions, tax exemption stricken 924 92-3102AmendedBanksCertain federal and national institutions, taxed as state banks, etc. 924 92-3109AmendedIncome tax, Net income, conformed to federal code, date changed 567 92-3216AmendedTax information, available for data processing employees 568 92-4004AmendedCounty tax assessments, certain municipalities exempted from using (15,000 or more in counties of 59,000-60,000) 913 93-210Public Service Commission Act, fees changed 664 93-309AmendedPublic Service Commission, consideration of service rendered authorized, etc. 677 95AAmendedPublic Transportation Code 947 100-1ChapterAmendedState Depositories Board, State Treasurer replaced, etc. 149 105-13AEnactedTortsPersonal, property damages, distinct causes provided 295 105-1302AmendedWidow may release tortfeasor, etc. 488 108-421Amended, Trusts, authorized investments changed 574 109-302.1EnactedTrust Companieslimited fiduciary capacity, certain, authorized, etc. 525 109A-7-209AmendedWarehousemen's lien on household goods, etc. 437 109A-8-102Amended, clearing corporation redefined 689
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113TitleAccountings by fiduciaries, etc. 830 113-1206AmendedNonresident executors, certain, bond, relieved of 481 114TitleAmendedWorkmen's Compensation Act amended 232 COURTS SUPERIOR COURTS Alcovy Circuit; court reporter, employment of 520 Atlanta Circuit; assistant district attorneys, certain restrictions removed, etc. 787 Atlanta Circuit; deputy district attorneys 10 Bail, certain offenses, provided 454 Bail, misdemeanors, not refused during appeal 454 Bartow; court reporter placed on salary 942 Bartow; investigator provided 684 Ben Hill; reporter's salary changed, etc. 602 Ben Hill; terms changed 601 Bibb; judges, district attorneys, salary supplements 176 Blue Ridge Circuit; district attorney, assistant, compensation, etc. 250 Burke; terms changed 2846 Butts; assistant district attorney, qualifications changed 654 Catoosa; clerk, compensation changed, etc. 2370 Chattooga; deputy clerk, compensation, etc. 2309 Cherokee; district attorney, assistant, compensation, etc. 250 Cherokee Circuit; court reporter placed on salary 942 Cherokee Circuit; investigator provided 684 Clayton Circuit; court reporters provided 592 Clayton; court reporters provided 592 Clerk, compensation fixed (145,000-165,000) 2801 Clerks, minimum salaries provided, etc. 256 Cobb Circuit; court reporters, assistant district attorneys 584 Cobb; judge, furnishing law books to 710 Cobb Circuit; judge, furnishing law books to 710 Colquitt; clerk, compensation changed, etc. 3494 Columbia; clerk, salary changed, etc. 2028 Cordele Circuit; reporter's salary changed 602 Cordele Circuit; terms changed 601 Crawford; clerk, compensation changed 2663 Crawford; judges, district attorney, salary supplements 176 Crisp; clerk, salary changed, etc. 3428 Crisp; reporter's salary changed, etc. 602 Crisp; terms changed 601 DeKalb; court reporter's salary changed 247 DeKalb; superior court terms changed 317 Dooly; reporter's salary changed, etc. 602 Dooly; term changed 601 Dougherty Circuit; judge, salary supplement authorized 15 Douglas; clerk, salary changed 2280
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Fannin; district attorney, assistant, compensation, etc. 250 Fayette; clerk's office, personnel's salary, certain provisions deleted 2509 Fayette; judge, district attorney, salary supplements 3133 Flint Circuit; assistant district attorney, qualifications changed 654 Forsyth; district attorney, assistant, compensation, etc. 250 Fulton; assistant district attorneys, certain restrictions, removed, etc. 787 Gilmer; district attorney, assistant, compensation, etc. 250 Gordon; court reporter placed on salary 942 Gordon; investigator provided 684 Griffin Circuit; judge, district attorney, salary supplements authorized 3133 Gwinnett; clerk, salary changed 2412 Gwinnett; judge, district attorney, law books 723 Gwinnett Circuit; judge, district attorney, law books 723 Habersham; investigator provided, etc. 837 Hancock; clerk, secretary authorized, etc. 3237 Hart; clerk, compensation changed, etc. 3223 Heard; clerk placed on salary, etc. 2449 Henry; assistant district attorney, qualifications changed 654 Henry; clerk, salary increased, etc. 3521 Lamar; assistant district attorney, qualifications changed 654 Lanier; clerk, compensation changed, etc. 2519 Laurens; clerk, compensation changed 3949 Lee; clerk placed on salary 2003 Liberty; clerk, compensation changed, etc. 3201 McIntosh; clerk, compensation changed, etc. 3111 Macon Circuit; judges, district attorney, salary supplements provided 176 Morgan; clerk, compensation changed, etc. 2503 Monroe; assistant district attorney, qualifications changed 654 Mountain Circuit; investigator provided, etc. 837 Newton; court reporter, employment of 520 Peach; judges, district attorney, salary supplements 176 Pickens; district attorney, assistant, compensation, etc. 250 Pike; judge, district attorney, salary supplements authorized 3133 Pulaski; clerk, compensation changed, etc. 3860 Rabun; investigator provided, etc. 837 Rockdale; clerk, report, etc. 2048 Rockdale; court reporter's salary changed 247 Rockdale; public defender, salary changed, etc. 2072 Spalding; judge, district attorney, salary supplements authorized 3133 Stephens; clerk's personnel, compensation change s 2095 Stephens; investigator provided, etc. 837 Stone Mountain Circuit; court reporter, salary changed 247 Stone Mountain Circuit; court reporters, additional, authorized 249 Stone Mountain Circuit; DeKalb County; superior court terms changed 317 Tattnall; clerk, compensation changed, etc. 2964
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Taylor; clerk, compensation changed 3629 Towns; investigator provided, etc. 837 Union; investigator provided, etc. 837 Upson; judge, district attorney, salary supplements authorized 3133 Walton; court reporter, employment of 520 Ware; clerk, compensation changed 3965 Washington; clerk, compensation changed 2642 Wheeler; clerk, secretary provided 2937 Wilcox; reporter's salary changed, etc. 602 Wilcox; terms changed 601 Wilkes; clerk, salary changed 2025 CITY COURTS Soperton; judge, salary changed, etc. 2938 CRIMINAL COURTS Fulton; assistant district attorneys, certain restrictions removed, etc. 2712 Fulton; new assistant solicitors authorized 2165 Fulton; solicitors, compensation provided 2163 Judges, certain counties, salaries (500,000 or more) 2308 CIVIL COURTS Fulton; assistant district attorneys, certain restrictions removed, etc. 2712 Fulton; record destruction, certain, authorized 2737 Judges, certain counties, salaries (500,000 or more) 2308 Richmond; contempt penalty changed, etc. 2744 MUNICIPAL COURTS Columbus; deemed state court for certain purposes 3061 JUVENILE COURTS Cobb; judge, salary changed, etc. 2122 Fulton; assistant district attorneys, certain restrictions removed, etc. 2712 Judges, certain; compensation changed (250,000-500,000) 2486 Judges, certain counties, salaries (500,000 or more) 2308
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STATE COURTS Associate judge provided, etc. (145,000-165,000) 3413 Burke; terms changed 3336 Candler; judge, solicitor, salaries changed 3161 Carroll; solicitor, compensation changed, etc. 2714 Cobb; assistant solicitors, number changed, etc. 2124 Cobb; court reporters authorized, etc. 3176 Cobb; judges, compensation changed 3637 Columbus; deemed state court for certain purposes 3061 DeKalb; judges compensation of, fixed 2498 DeKalb; law book costs, etc. 2075 Effingham; solicitor, compensation changed, etc. 2535 Glynn; clerk, salary increased, etc. 3158 Glynn; juror selection provided, etc. 2579 Gwinnett; compensation of officers changed 2446 Gwinnett; juries, composition of, etc. 2601 Habersham; solicitor, secretary for provided 2709 Houston; terms changed 3072 Jackson; terms changed, etc. 3574 Jefferson; judge, solicitor, salaries changed 2292 Judges, inclusion in retirement laws (145,000-165,000) 2717 Judge, compensation fixed (145,000-165,000) 2801 Judges emeritus, social security payments, effect of, provided, etc. (150,000-165,000) 2733 Judges, included in retirement laws (145,000-165,000) 2717 Laurens; judge, solicitor, compensation changes, etc. 3952 Miller; act repealed, referendum 2776 Miller; solicitor, fees changed 2487 Mitchell; judge, solicitor, salary changes 3011 Pierce; judge, solicitor, compensations changed 3395 Solicitor, assistant, compensation fixed (145,000-165,000) 2801 Solicitor; compensation fixed (145,000-165,000) 2801 Sumter; compensation of judge changed, etc. 2349 Toombs; judge, solicitor, salaries changed 3019 Walker; judge, solicitor, compensation changed, etc. 3030 Washington; judge, solicitor, salaries changed 2636 COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling; board of education, compensation of members changed, referendum 3569 Appling; commissioners, compensation changed 3567 Appling; ordinary, supplemental salary provided 3874 Appling; small claims court, judge, filling vacancies in office, provided 3572 Appling; sheriff's deputies, provisions relating to, changed, etc. 3623
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Atkinson; board of commissioners, clerk for, provided, etc. 2526 Atkinson; sheriff, automobiles provided for, etc. 2531 Bacon; commissioners, compensation changed, etc. 2334 Bacon; ordinary, secretary authorized 2336 Bacon; sheriff, compensation changed, etc. 2330 Bacon; small claims court created 2337 Bacon; tax commissioner, part-time personnel authorized, etc. 2492 Barrow; board of commissioners, certain dereliction of duty provisions repealed, etc. 3322 Barrow; ordinary, compensation changed, etc. 2538 Bartow; investigator provided 684 Bartow; superior court, reporter placed on salary, etc. 942 Ben Hill; superior court, reporter's salary changed, etc. 602 Ben Hill; superior court terms changed 601 Berrien; board of commissioners, members, compensation changed 2810 Berrien; sheriff, compensation changed, etc. 2805 Berrien; tax commissioner's office, certain personnel, compensation changed 2808 Bibb (Macon); Water and Sewerage Authority Act amended 2603 Bibb; superior court, judges, district attorney, salary supplements 176 Bleckley; tax commissioner, compensation of clerk changed 3864 Bryan; sheriff's deputies, number increased, etc. 3627 Burke; board of commissioners, compensation changes 3334 Burke; hospital authority; successor members, appointment provided 2656 Burke; sheriff, compensation changed 2633 Burke; small claims court created 3497 Burke; state court, terms changed 3336 Burke; superior court, terms changed 2846 Butts; assistant district attorney, qualifications changed 654 Butts; tax commissioner, compensation changed 2077 Calhoun; tax commissioner placed on salary, etc. 2489 Camden; tax commissioner, personnel, compensation changed, etc. 2495 Candler; board of commissioners, compensation changes, etc. 2627 Candler;sheriff, compensation changed, etc. 2625 Candler; state court, judge, solicitor, salaries changed 3161 Carroll; coroner placed on salary 2924 Carroll; state court, solicitor, compensation changed, etc. 2714 Catoosa; commissioner's clerical assistance allowance increased, etc. 2373 Catoosa; deputy sheriffs, additional, provided, etc. 2377 Catoosa; development authority implemented 3310 Catoosa; employees, hospitalization insurance provided 2375 Catoosa; superior court clerk, compensation changed, etc. 2370 Catoosa; tax commissioner, clerical assistance allowance increased 2559 Charlton; ordinary, clerk of, compensation changed 2506
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Chatham; board of commissioners designated 2079 Chatham; commissioners, ex officio judges, compensation changed 2081 Chatham; governing authority designated 2083 Chatham (Savannah); government, provision changed 2268 Chattahoochee; board of commissioners, clerk's compensation changed 2869 Chattahoochee; tax commissioner, compensation changed 2872 Chattooga; commissioner, compensation changed, etc. 2323 Chattooga; deputy sheriff, compensation changed, etc. 2317 Chattooga; ordinary, compensation changed, etc. 2314 Chattooga; superior court deputy clerk, compensation, etc. 2309 Chattooga; tax commissioner, deputy, salary changed 2320 Cherokee; board of education, position numbering provided, etc., referendum 3207 Cherokee; deputy sheriffs, compensation changed, etc. 2381 Cherokee; district attorney, assistant, compensation, etc. 250 Cherokee; water authority act amended, bond limitation deleted, etc. 3205 Clarke; board of commissioners, new, created, etc., referendum 2467 Clarke; board of education, new, provided, etc., referendum 3374 Clayton; board of commissioners, act amended 2005 Clayton; superior court reporters provided 592 Clinch; deputy sheriffs, compensation of, changed 3453 Clinch; ordinary, compensation changed 2534 Cobb; ad valorem taxation, certain exemption provided 2101 Cobb; board of commissioners, recall provisions changed 3120 Cobb; board of commissioners, rezoning proceedings, members' interest must be revealed, etc. 3640 Cobb; board of commissioners, zoning, members required to vote on 3305 Cobb; homestead exemption, certain, provided; proposed amendment to the Constitution 1522 Cobb; juvenile court, judge, salary changed, etc. 2122 Cobb; land lot survey, certain, authorized 2710 Cobb; local law authorized, zoning and planning powers; proposed amendment to the Constitution 1527 Cobb; state court, assistant solicitors, number changed, etc. 2124 Cobb; state court, court reporters authorized, etc. 3176 Cobb; state court, judges, compensation changed 3637 Cobb; superior court judge, furnishing law books to 710 Cobb; superior court, reporters, assistant district attorneys 584 Cobb; taxation study committee created 3644 Colquitt; superior court clerk, compensation changed, etc. 3494 Columbia; board of commissioners, chairman's salary changed 2030 Columbia; small claims court created, etc. 2032 Columbia; superior court clerk, salary changed, etc. 2028 Columbus; airport commission, powers and duties defined 2016 Columbus; charter amended, certain land sale ratified 3142
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Columbus; charter amended, homestead exemption authorized, etc. 3773 Columbus; municipal court, deemed state court for certain purposes 3061 Cook; board of commissioners, membership changed, etc., referendum 2300 Cook; sheriff, certain reimbursement expenses changed 3145 Cook; tax commissioner, fees, etc., county property 3147 Crawford; small claims court, jurisdiction extended, etc. 2665 Crawford; superior court clerk, compensation changed 2663 Crawford; superior court, judges, district attorney, salary supplements 176 Crisp; county officers, certain, salaries changed, etc. 3428 Crisp; small claims court created 3339 Crisp; superior court, reporter's salary changed, etc. 602 Crisp; superior court terms changed 601 Dade; commissioner, compensation changed, etc. 2761 Dade; ordinary, compensation increased, etc. 2772 Dade; sheriff, compensation changed, etc. 2764 Dade; water and sewer authority created 2542 Dawson; sheriff's deputies, provisions changed 2680 DeKalb; election laws study committee created 3173 DeKalb; incorporated cities within, firemen, work requirements provided 2928 DeKalb; state court, compensation of judges fixed 2498 DeKalb; state court, law book costs, etc. 2075 DeKalb; superior court, reporter's salary changed 247 DeKalb; superior court, reporters, additional, authorized 249 DeKalb; superior court terms changed 317 Dooly; superior court, reporter's salary changed, etc. 602 Dooly; superior court terms changed 601 Dougherty; superior court, judge, salary supplement authorized 15 Douglas; board of commissioners, salaries changed, etc. 2120 Douglas; coroner, compensation changed 3529 Douglas; High School Tigers Band, designated for President's inauguration 3 Douglas; superior court clerk, etc., salary changed 2280 Effingham; state court, solicitor, compensation changed, etc. 2535 Emanuel; ordinary, compensation changed 2326 Evans; sheriff's deputies, compensation changed 2799 Fannin; district attorney, assistant, compensation, etc. 250 Fayette; ordinary's office, certain salary provisions for personnel deleted 2510 Fayette; sheriff, automobile provisions changed 3212 Fayette; superior court clerk's office, personnel's salary, certain provisions deleted 2509 Fayette; superior court, judge, district attorney, salary supplements 3133 Fayette; tax commissioner's personnel, provisions changed 3214 Floyd; hospital authority vacancies, filling of 2057 Floyd; medical examiner, office created, etc. 3037
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Floyd; medical examiner, office created, proposed amendment to the Constitution 1499 Forsyth; district attorney, assistant, compensation, etc. 250 Franklin; sheriff's deputy, compensation changed 2562 Fulton; assistant district attorneys, certain restrictions removed, etc. 787 Fulton; board of commissioners, compensation changed, etc. 2462 Fulton; civil court, record destructions, certain, authorized 2737 Fulton; courts, certain, assistant district attorneys, certain restrictions removed, etc. 2712 Fulton; criminal court, new assistant solicitors authorized 2165 Fulton; criminal court, solicitors, compensation provided 2163 Fulton; fire prevention sums, certain, increased 2734 Fulton; pension fund, additional benefits provided 2723 Fulton; pension fund, certain recreation employees included, etc. 2718 Fulton; pension fund, certain recreation employees, prior service credit allowed 2720 Fulton; teachers and employees, retirement fund, certain military service credited 2730 Fulton; teachers and employees, retirement fund, dependents' benefits increased, etc. 2727 Fulton; teachers and employees, retirement fund, monthly earnings defined 2725 Gilmer; district attorney, assistant, compensation, etc. 250 Glascock; sheriff, deputy, compensation changed 3329 Glynn; state court, clerk, salary increased, etc. 3158 Glynn; state court, juror selection provided, etc. 2570 Gordon; commissioner, clerk for, appointment provided 2951 Gordon; county officers' salaries, certain grand juries to review, etc. 3320 Gordon; Hand Up, Inc., appropriation to, authorized; proposed amendment to the Constitution 1504 Gordon; investigator provided 684 Gordon; Murray, Whitfield Counties, Industrial City, created 2418 Gordon; superior court, reporter placed on salary, etc. 942 Greene; board of education, terms staggered, etc. referendum 3853 Gwinnett; board of commissioners, chairman, salary changed, etc. 3434 Gwinnett; county officers, compensation of certain changed 2412 Gwinnett; state court, compensation of officers changed 2446 Gwinnett; state court, juries, composition of, etc. 2601 Gwinnett; superior court judge, district attorney, law books 723 Gwinnett; tax commissioner, compensation changed 3432 Habersham; board of education, members' election authorized, etc., referendum 3809 Habersham; coroner placed on salary, etc. 3150 Habersham; ordinary, provisions relative to clerk changed 3331 Habersham; state court, solicitor, secretary for, provided 2709 Habersham; superior court, investigator provided, etc. 837 Hall; coroner, placed on salary, etc. 2816 Hancock; board of commissioners, annual audit required, etc. 3231
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Hancock; board of commissioners, employment of county police prohibited 3240 Hancock; county officers, certain, salaries increased, etc. 3237 Hancock; tax commissioner, compensation changed 3234 Harris; board of commissioners, compensations changed, etc. 3684 Hart; sheriff, deputies, employment provisions changed, etc. 3218 Hart; superior court clerk, compensation changed, etc. 3223 Hart; tax commissioner, personnel, provisions changed, etc. 3220 Heard; commissioners, compensation changed 2455 Heard; ordinary placed on salary, etc. 2452 Heard; sheriff, compensation changed 2457 Heard; superior court clerk placed on salary 2449 Heard; tax commissioner, compensation changed 2459 Henry; assistant district attorney, qualifications changed 654 Henry; board of commissioners, expense allowances changed 3524 Henry; county officers, certain, salaries increased, etc. 3521 Henry; water and sewerage authority, members, compensation changed, etc. 3519 Houston; businesses, license fees, unincorporated area; proposed amendment to the Constitution 1525 Houston; commissioners, compensation changed, etc. 2091 Houston; state court, terms changed 3072 Irwin; board of commissioners, clerk, salary changed 3492 Jackson; state court, terms changed, etc. 3574 Jefferson; board of roads and revenues, members, compensation changed, etc. 2289 Jefferson; sheriff, compensation changed, etc. 2298 Jefferson; state court, judge, solicitor, salaries changed 2292 Jones; commissioners, bonds, amounts changed, etc. 2414 Lamar; assistant district attorney, qualifications changed 654 Lanier; county attorney, compensation changed 2518 Lanier; ordinary, compensation changed, etc. 2516 Lanier; sheriff's compensation changed, etc. 2512 Lanier; superior court clerk, compensation changed, etc. 2519 Lanier; tax commissioner, compensation changed 2514 Laurens; sheriff, compensation changed, etc. 3939 Laurens; ordinary, compensation changed, etc. 3942 Laurens; state court, judge, solicitor, compensation changes, etc. 3952 Laurens; superior court clerk, compensation changed 3949 Laurens; tax commissioner, compensation changed 3946 Laurens; treasurer, compensation changed 3956 Lee; ordinary, personnel provided for, etc. 2819 Lee; superior court clerk, placed on salary 2003 Liberty; ordinary, provisions relative to clerk changed 3333 Liberty; superior court clerk, compensation changed, etc. 3201 Lincoln; ordinary, compensation changed 3960 Lincoln; treasurer, compensation changed 3962 Long; sheriff, clerk for, provided, etc. 2306 Long; sheriff, compensation changed, etc. 3039 Lowndes; board of commissioners, meeting date changed 3303 Lowndes; sheriff, compensation changed 2522
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Lowndes; utilities authority act, repealed 3302 Lowndes; water and sewerage authority act 3285 Lumpkin; sheriff's deputies, compensation changes, etc. 3155 Marion; school superintendent, appointment of, etc., referendum 3827 McDuffie; deputy sheriffs, additional, provided, etc. 2565 McDuffie; small claims court, certain costs changed 3456 McIntosh; ordinary, compensation changed 3115 McIntosh; superior court, compensation changed, etc. 3111 Meriwether; conveyance of land to authorized 662 Meriwether; ordinary, clerk of, compensation changed 3686 Miller; sheriff's deputies, provisions changed, etc. 3834 Miller; state court, act repealed, referendum 2776 Miller; state court, solicitor, fees changed 2487 Mitchell; state court, judge, solicitor, salary changes 3011 Monroe; assistant district attorney, qualifications changed 654 Montgomery; board of education, additional members provided, etc., referendum 2550 Montgomery; tax commissioner, assistant, salary provision repealed 2933 Montgomery; tax commissioner, compensation changed 2935 Morgan; superior court clerk, compensation changed, etc. 2503 Morgan; tax commissioner, compensation changed 2501 Murray; commissioner, compensation changed, etc. 3831 Murray; Gordon, Whitfield Counties, Industrial City, created 2418 Murray; ordinary, compensation changed 3530 Muscogee; municipal court, deemed state court for certain purposes 3061 Newton; superior court, reporter, employment of 520 Newton; taxation, unincorporated areas, provided 2878 Oconee; certain traffic regulation authorized, proposed amendment to the Constitution 1486 Paulding; fire prevention districts authorized, etc., referendum 3180 Paulding; ordinance adoption authorized, etc. 3184 Peach; superior court, judges, district attorney, salary supplements 176 Pickens; district attorney, assistant, compensation, etc. 250 Pierce; state court, judge, solicitor, compensations changed 3395 Pike; board of commissioners, members, compensation changes, etc. 3462 Pike; superior court, judge, district attorney, salary supplements authorized 3133 Pike; tax commissioner, compensation of, changed 3460 Pulaski; board of education, number of members provided, etc., referendum 2573 Pulaski; commissioner, compensation changed 3857 Pulaski; ordinary, compensation changed, etc. 3535 Pulaski; sheriff, compensation changed, etc. 3877 Pulaski; superior court clerk, compensation changed, etc. 3860 Pulaski; tax commissioner, compensation changed, etc. 3538 Putnam; tax commissioners, compensation changed, etc. 3438 Rabun; coroner, placed on salary 2704
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Rabun; sheriff, compensation increased, etc. 2706 Rabun; superior court, investigator provided, etc. 837 Randolph; deputy sheriff, compensation changed 2987 Richmond; animal control, penalty provided 3197 Richmond (Augusta); board of tax assessors, compensation changes 3059 Richmond (Augusta); coliseum authority created 3042 Richmond; board of education, attorney authorized 3308 Richmond; civil court, contempt penalty changed, etc. 2744 Richmond; officials, elected, employees eligible for merit system status 3199 Richmond; tax assessors, board of, created 2812 Rockdale; commissioner, salary changed 2043 Rockdale; coroner, salary changed 2055 Rockdale; ordinary, salary changed, etc. 2053 Rockdale; public defender, salary changed, etc. 2072 Rockdale; sheriff, salary changed, etc. 2045 Rockdale; superior court, reporter's salary changed 247 Rockdale; superior court clerk, report, etc. 2048 Rockdale; superior court, reporters, additional, authorized 249 Rockdale; tax commissioner, salary changed, etc. 2051 Spalding; superior court, judge, district attorney, salary supplements authorized 3133 Muscogee; Columbus, certain land sale ratified 3142 Stephens; coroner placed on salary 2875 Stephens; land conveyance authorized 17 Stephens; ordinary's clerk, salary changed 2099 Stephens; sheriff's deputies, salaries changed, etc. 2097 Stephens; superior court clerk's personnel, compensation changes 2095 Stephens; superior court, investigator provided, etc. 837 Stewart; sheriff's office, operating expenses changed, etc. 2930 Sumter; board of education reconstituted, etc., referendum 2127 Sumter; courthouse bell, plaque procurement authorized 3955 Sumter; ordinary, compensation changed 2352 Sumter; State Court, compensation of judge changed, etc. 2349 Sumter; treasurer, compensation changed 2354 Talbot; sheriff, expense allowance changed 3166 Talbot; tax commissioner, compensation changed 3164 Tattnall; board of commissioners, chairman, compensation changed, etc. 2957 Tattnall; board of education, chairman, members, compensation changes 2960 Tattnall; sheriff, compensation changed, etc. 2962 Tattnall; superior court clerk, compensation changed, etc. 2964 Taylor; board of commissioners, compensation changed 3926 Taylor; ordinary, compensation changed 3928 Taylor; sheriff, compensation changed, etc. 3576 Taylor; superior court clerk, compensation changed 3629 Taylor; tax commissioner, compensation changed, etc. 3621 Tift; board of commissioners, certain contingent expense allowance provided 2568
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Tift; board of commissioners, chairman, compensation changed 2408 Tift; tax commissioner, compensation changed 2410 Toombs; board of education, election provided, etc. 3022 Toombs; state court, judge, solicitor, salaries changed 3019 Towns; superior court, investigator provided, etc. 837 Treutlen; ordinary, salary provided 2940 Treutlen; sheriff, compensation changed, etc. 2942 Union, superior court, investigator provided, etc. 837 Upson; superior court, judge, district attorney, salary supplements authorized 3133 Walker; ordinary's office, personnel, compensation changed 2669 Walker; state court, judge, solicitor, compensation changed, etc. 3030 Walton; superior court, reporter, employment of 520 Ware; superior court clerk, compensation changed 3965 Washington; sheriff, compensation changed, etc. 2639 Washington; small claims court created 2061 Washington; state court, judge, solicitor, salaries changed 2636 Washington; superior court clerk, compensation changed 2642 Wayne; board of commissioners, compensation changed 3682 Webster; commissioner, compensation changed, etc. 2653 Webster; ordinary, placed on salary 2650 Webster; tax commissioner, compensation changed 2649 Webster; treasurer, compensation changed 2647 Wheeler; commissioner, county clerk, provisions changed 2617 Wheeler; ordinary, clerk for, provided 2619 Wheeler; sheriff, compensation changed, etc. 2328 Wheeler; superior court clerk, secretary provided 2937 Wheeler; tax commissioner, clerk for, provided, etc. 3017 Wheeler; treasurer, compensation changed 2631 White; water and sewerage authority act 3752 Whitfield; Gordon, Murray, Industrial City, created 2418 Wilcox; superior court, reporter's salary changed, etc. 602 Wilcox; superior court terms changed 601 Wilkes; superior court clerk, salary changed 2025 COUNTIES AND COUNTY MATTERS BY POPULATION 5,750-5,800; sheriff's compensation provided 2307 10,000-10,200; vehicle license and tag fees, etc., certain retention by tax commissioners authorized 2624 10,600-10,900; Coroners, certain population figures changed 565 12,800-12,950; small claims courts, jurisdiction changed 2635 13,000-13,300; courts of ordinary, insolvent costs disposition 2060 23,000-23,500; board of commissioners, monthly meeting provided 2673 23,600-23,800; coroners, compensation fixed 2673 27,000-28,000; elections, board of, provided 2553 34,500-39,500; small claims court; jurisdiction changed, etc. 2750
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55,110-58,000; coroners, compensation changed, etc. 2524 56,000-60,000; burial of paupers, expenses increased 594 59,000-60,000; municipalities, certain, exempted from county tax assessments use (15,000 or more) 913 60,000-65,000; certain board of elections provided 2086 63,000-72,000; governmental facilities, centralization of, authorized 2671 65,500-73,500; county offices, filling vacancies, provisions made for 2494 66,000-73,000; Elections, board of, provided 2658 120,000 or lessBanks facilities, determination of population requirements 127 145,000-165,000; board of elections provided 2283 145,000-165,000; certain elected officials, compensation fixed 2801 145,000-165,000; certain employees, compensation increased 2818 145,000-165,000; hotel and motel rates, filing authorized, etc. 2620 145,000-165,000; sheriff's personnel, compensation of, changed 2774 145,000-165,000; state courts, associate judge provided, etc. 3413 145,000-165,000; state courts, judges, included in retirement laws 2717 150,000-165,000; state courts, judges emeritus, effect of social security payments, etc. 2733 170,000-195,000; board of elections provided 3697 250,000-500,000; juvenile court judges, certain, compensation changed 2486 500,000 or more; criminal court, civil court, juvenile court, court of ordinary, judges' salaries provided 2308 500,000 or more; sheriffs compensation of, provided 2461 500,000 or more; tax deed retention, etc., act repealed 2676 500,000 or more; tax fi. fas., sale of, repeal of act providing for 2677 600,000 or more; criminal courts, defined as agency under Georgia records act 2674 COUNTY-WIDE GOVERNMENTS Columbus; airport commission, powers and duties defined 2016 Columbus; certain land sale ratified 3142 Columbus; municipal court, deemed state court for certain purposes 3061 Columbus; charter amended, homestead exemptions authorized, etc. 3773 Savannah-Chatham County; government, provisions changed 2268 METROPOLITAN AREAS 1,000,000 or more, Planning and Development Commission Act amended 225 1,000,000 or moreRiver Protection Act 128
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COUNTIES AND COUNTY MATTERS BASED UPON POPULATION OF MUNICIPALITIES 15,000 or more in counties of 59,000-60,000; exempted from using county tax assessments 913 COUNTIES AND COUNTY MATTERS HOME RULE ACTIONS DeKalb County; pension board act amended 3970 MUNICIPAL CORPORATIONS NAMED CITIES Acworth; charter amended, corporate limits changed 3388 Ailey; charter amended, corporate limits changed, etc. 3125 Albany; corporate limits changed 2104 Alpharetta; charter amended, city officials, salaries changed 2385 Ashburn; charter amended, majority vote required for election 3063 Athens; charter amended, corporate limits redefined, etc. 2387 Athens; charter amended, merit system for employees, referendum 2354 Athens; charter amended, public transportation system authorized, etc., referendum 2367 Atlanta; board of education reorganized, etc. 2167 Atlanta; charter amended, board of education, tax rate fixation provided, etc. 2827 Atlanta; charter amended, court counselor provided 3749 Atlanta; charter amended, delinquent tax executions, time changed 2844 Atlanta; charter amended, street paving provided, etc. 2830 Atlanta; homestead exemptions, certain; authorized, proposed amendment to the constitution 1491 Atlanta; reincorporated 2188 Augusta; charter amended, recorder, qualifications provided, etc. 2548 Augusta; conveyance of land to, authorized 669 , 681 Augusta (Richmond County); Board of Tax Assessors, compensation changes 3059 Augusta (Richmond County); coliseum authority changed 3042 Austell; charter amended, corporate limits changed 3314
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Bainbridge; charter amended, corporate limits changed 3532 Barnesville; charter amended, recorder, qualifications changed 3509 Barnesville; charter amended, television service system authorized 3517 Barnesville; charter amended, ward boundaries extended 3512 Baxley; charter amended, corporate limits changed, referendum 3677 Between; new charter 3880 Blackshear; charter amended, election date changed, etc. 3128 Bowdon; new charter 3654 Calhoun; Hand Up, Inc., appropriation to, authorized; proposed amendment to the Constitution 1505 Camilla; charter amended, corporate limits changed 3008 Centerville; charter amended, corporate limits defined 3468 Chickamauga, charter amended, corporate limits changed, etc. 3025 Cochran; charter amended, election, plurality vote provided 2600 College Park; charter amended, mayor, councilmen, qualifications provided 3117 Commerce; charter amended, councilmen-at-large provided, etc. 3398 Covington; parking authority created; proposed amendment to the Constitution 1506 Dahlonega; charter amended, recorder, qualifications of, changed 2703 Dallas; charter amended, recorder's court 3193 Dalton; charter amended, mayor, council, salary changes 3014 Dalton; charter amended, recorder, compensation changed 3015 Dalton; unified pension plan changed 2019 Darien; charter amended, mayor, council, compensations changed 3113 Dasher; charter amended, corporate limits extended 3103 East Dublin; charter amended, terms of office changed, etc. 3652 East Point; charter amended, corporate limits changed, etc. 2577 East Point; increased retirement benefits provided for certain persons, proposed amendment to the Constitution 1495 Enigma; charter amended, election date changed, etc. 2802 Forest Park; new charter 3701 Fort Oglethorpe, Town of Charter amended, town marshal, term changed, etc. 3065 Fort Valley; charter amended, utilities commission, provisions changed 3312 Garden City; new charter 3581 Gordon, Murray and Whitfield Counties Industrial City 2418 Grantville; charter amended, corporate limits changed 3465 Griffin; charter amended, board of commissioners, chairman's election provided 3393
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Griffin; charter amended, street provisions changed 3455 Hamilton; charter amended, elections, provisions changed, etc. 3171 Hampton; charter amended, recorder's court created, etc. 3816 Hiram; charter amended, mayor, councilmen, compensation changes, etc. 3226 Hogansville; charter amended, board of education, members, election of, provided, etc. 3447 Hogansville; charter amended, cable television system authorized 3400 Hogansville; charter amended, city officials, election of, provided, etc. 3450 Hogansville; charter amended, corporate limits extended 3402 Hogansville; salaries, certain minimum provided 3404 Homer; charter amended, terms of office changed, etc. 3812 Jackson; land conveyance to, authorized 1403 Jefferson; new charter 2887 Kennesaw; charter amended, corporate limits changed, etc. 3385 Lake Park; new charter 3074 Leesburg; new charter 2851 Lenox; charter amended, certain land annexed 3372 Lexington; new charter 2779 Lincolnton; charter amended, mayor, councilmen, qualifications changed, etc. 2945 Locust Grove; charter amended, recorder's court created, etc. 3822 Loganville; charter amended, elections, etc. 3867 Louisville; corporate limits changed 2294 Ludowici; charter amended, corporate limits changed 3579 Lumber City; new charter 3540 Lumpkin; charter amended, certain funds prohibition removed, referendum 3152 Macon (Bibb County); Water and Sewerage Authority Act amended 2603 Macon; land conveyance to, authorized 1416 Macon; transit authority act enacted 2914 Madison; charter amended, mayor, aldermen, compensation changed 2500 Mansfield; charter amended, councilmen, fees provided, etc. 2953 Marietta; ad valorem taxation exemption provided 2287 Marietta; lease of land to, authorized 1412 Marietta; mayor, councilmen, qualifications changed, etc. 3471 Menlo; mayor's court judge 2319 Morganton; new charter 2682 Moultrie; charter amended, corporate limits changed, etc. 3793 Nahunta; charter amended, election date changed, etc., referendum 3631 Nashville; charter amended, mayor, aldermen, compensation changes, etc. 3441 Newnan; charter amended, certain terms of office changed 3688 Newnan; charter amended, utilities, certain, authorized in unincorporated area, etc. 3690 Oakwood; charter amended, street widths provided, etc. 2739
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Ocilla; charter amended, corporate limits changed 3802 Ocilla; charter amended, qualifications for office changed 3806 Patterson; charter amended, recorder's court provided, etc. 3870 Peachtree City; charter amended, additional territory provisions, etc. 2821 Peachtree City; water, sewerage and recreational authority, created 2989 Pearson; charter amended, election date changed 2528 Perry; charter amended, fees, qualifying, increased 2847 Perry; charter amended, majority vote, election by, provided, etc. 2849 Perry; charter amended, woodland lot tax prohibition stricken 2873 Perry; homestead exemptions increased, proposed amendment to the Constitution 1500 Perry; telephone authority created 3776 Pineview; charter amended, street disposals, certain, authorized 3123 Pooler; charter amended, corporate limits changed, etc. 3415 Porterdale; charter amended; mayor, councilmen, compensation changed 2955 Riddleville; charter amended, certain terms of office changed, etc. 3107 Ringgold; charter amended, corporate limits changed 3276 Riverdale; charter amended, ad valorem taxation provisions changed 3642 Riverside; ad valorem tax increased 2926 Rome; charter amended, corporate limits changed 3381 Rossville; charter amended, councilmen, number changed 3033 Roswell; charter amended, corporate limits changed 3407 Sardis; charter amended, corporate limits changed 3131 Savannah Beach; charter amended, corporate limits changed, etc., referendum 3693 Savannah (Chatham); government, provisions changed 2268 Smyrna; charter amended, corporate limits changed 3354 , 3358 Snellville; name change made 3436 Soperton; city court, judge, salary changed, etc. 2938 Sparks; charter amended, mayor, term changed, etc. 3369 Stockbridge; charter amended, taxation provisions changed 3527 Summerville; charter amended 2311 Sylvester; charter amended, elections, majority vote required 3352 Thomaston; charter amended, corporate limits extended, etc. 3279 Thomasville; board of education, members, election of, etc. 2753 Thomson; new charter 2132 Tifton; charter amended, offices of mayor and vice mayor renamed, etc. 2557 Toccoa; charter amended, corporate limits changed 2969 Toccoa; mayor, compensation provided, etc. 3169 Twin Lakes; new charter, referendum 3837 Valdosta; charter amended, corporate limits changed, etc. 3242 Warner Robins; charter amended, certain bond refunding authorized 3673
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Warner Robins; charter amended, corporate limits changed 3930 Watkinsville; charter amended, election provisions changed, etc. 2742 Waycross; charter amended, certain effective date changed 3216 White Plains; charter amended, corporate limits changed 3105 Williamson; charter amended, mayor, councilmen, compensation provided 3515 Winterville; charter amended, police court, presiding officer provided, etc. 2597 Wrightsville; charter amended, mayor's court, fines increased, etc. 3139 MUNICIPAL CORPORATIONS BY POPULATION 14,310-15,140; Rural telephone cooperatives, authority to exercise certain powers granted 229 18,100-18,250; rezoning restrictions on annexed property provided 2094 27,000-28,000; required to use county voters list, etc. 277 300,000 or more; fire departments, increased pension benefits provided 2880 300,000 or more; fire departments, pensions, service requirements changed, etc. 2837 300,000 or more; general employees, pensions, benefits changed, etc. 2841 300,000 or more; increased retirement benefits for certain persons, proposed amendment to the Constitution 1493 300,000 or more; police departments, increased pensions provided 2882 300,000 or more; police departments, pensions, service requirements changed, etc. 2832 300,000 or more; retirement, length of service provisions changed, etc. 3768 400,000 or more; alcoholic beverage consumption, etc., certain authorization made 2678 400,000 or more; impoundment of vehicle act, amended 2622 400,000 or more; municipal home rule act 173 METROPOLITAN AREA BY POPULATION 1,000,000 or more; planning and development commission, act amended 225 MUNICIPALITIESHOME RULE AMENDMENTS Albany; recorder's court, sentences 4121 Albany; streets, paving, etc. 4104
Page 4181
Atlanta; certain terms of office changed 4114 Atlanta; chief of police, term of office changed 4011 Atlanta; cooperative area manpower employees, etc. 4128 Atlanta; department heads, retirement, emeritus officers 4034 Atlanta; fiscal year provided 4025 Atlanta; officers and employees, classifications 4130 Atlanta; police and fire department salaries 4118 Carrollton; tax digest 4089 East Point; new employees retirement system of 1971 4014 Gainesville; retirement fund act amended 4095 Griffin; charter reorganized into titles 3978 Macon; public transit system authorized 4136 Newnan; board of health abolished 4125 Newnan; retirement plan 4037 Rome; employee pension fund ordinance amended 4004 Savannah; certain section stricken 4027 Savannah; new pension plan 4055 Savannah; street improvements 4030 Shellman; appointment of certain officers authorized 4134 Toccoa; recorder's court 4110 RESOLUTIONS AUTHORIZING COMPENSATION Agerton, G. Frank, Jr. 3869 Campbell, Mrs. Billy W. 3801 Carter, Mrs. Lucille Hall 3876 Cowell, William P. 3821 Curtis Youngblood Ford, Inc. 3925 Dodgen, Geraldine 3830 Ellett, Bruce G. 3811 Federal Bureau of Investigation 3879 Hester, Eugene 3856 Keener, Hoyt 3751 Lacher, Mrs. Hilda C. 3951 LaCroy, Hoyt Jackson 3808 Lanier, Mrs. Linda 3925 Long, Doyal H. 3873 McCrae, Mrs. Hazel 3945 Meeks, Mrs. Carrie K. 3941 Mobile Home Industries, Inc. 3792 Peeples, Richard R. 3948 Peeples, Mrs. Ruth H. 3948 Pendley, Stephen E. 3748 Perkins, Marvin L. 3924 Powell, Mrs. Sara A. L. 3815 Redding, Eugene 3826 Rutledge Chevrolet Company 3771 Sessions Company, Inc. 3859 Smith, E. Mitchell 3852
Page 4182
Southern Bell Telephone and Telegraph Company 3866 Thombley, Newell N. 3938 Tucker, James 3775 Williams, E. W. 3920 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Augusta, City of; conveyance of land authorized 669 , 681 Cody, John A.; conveyance of land to, conditionally authorized 1464 Continental Can Company, Inc.; easement conveyance to, authorized 1408 Curtis, E. L.; conveyance of land to/or wife, authorized 1479 Dickie Starnes Memorial, Inc.; lease of land to authorized 232 Georgia Marine Warehouse Company; license, certain, in Savannah River Bottom granted 1445 Jackson, City of; land conveyance to, authorized 1403 Macon, City of; land conveyance to authorized 1416 Marietta, City of; lease of land to authorized 1412 Meriwether County; conveyance of land authorized 662 Milledgeville-Baldwin County Industrial Development AuthorityConveyance of land to authorized 649 Omni International, Inc.; lease of land to authorized 346 Ousley, R. L.; land conveyance to, authorized 1424 Savannah River Pipeland Corporation; easement conveyance to, authorized 1408 Southern Natural Gas Company Easement conveyance authorized 321 Stephens County; land conveyance authorized 17 Stone Fort Land Company; land conveyance authorized 21 MISCELLANEOUS RESOLUTIONS Alexander, Joseph Simmons, Sr., bridge named 3805 Architectural, Engineering firms doing business with State, resolution amended 640 Atlanta, Metropolitan, Rapid Transit Overview CommitteeCreated 70 Expenditures provided 73 ColumbusDirections signs to, authorized 690 Crumbley, Marie, Mrs.; compensation to authorized 3767 Davidson, James P., memorial marker authorized 3836 DeKalb; election laws study committee created 3173 Fulton County Voiture, La Societe Des 40 Hommes Et 8 Chevaux, Inc., boxcar conveyance authorized to 695 George T. Bagby State Park, named 3958 James P. Davidson, memorial marker authorized 3836
Page 4183
Joseph Simmons Alexander, Sr., bridge named 3805 L. C. Moone; road designated 2679 Metropolitan Atlanta Rapid Transit Overview CommitteeCreated 70 Expenditures provided 73 Minimum foundation program of education, study committee created 1476 Moone; L. C.; road designated 2679 Nail, W. A. (At), Bridge, designated 3832 Rapid Transit, Metropolitan Atlanta, Overview CommitteeCreated 70 Expenditures provided 73 Sheriffs' Boys' Ranch Road, designated 3863 Signs, certain directional, authorized 690 W. A. (At) Nail Bridge, designated 3832
Page 4184
ACTS BY NUMBER 1 4 2 10 3 2003 4 12 5 14 6 2005 7 2016 8 15 9 2019 10 2025 11 2028 12 2030 13 2032 14 2043 15 2045 16 2048 17 2051 18 2053 19 2055 20 2057 21 2060 22 2061 23 2072 24 19 25 2075 26 2077 27 40 28 55 29 57 30 63 31 2079 32 2081 33 2083 34 2086 35 2091 36 2094 37 74 38 95 39 2095 40 2097 41 2099 42 2101 43 2104 44 96 45 2120 46 2122 47 2124 48 2127
Page 4185
49 2132 50 2163 51 2165 52 2167 53 2188 54 97 55 2268 56 98 57 100 58 2280 59 2283 60 2287 61 2289 62 2292 63 2294 64 2298 65 127 66 128 67 2300 68 2306 69 139 70 141 71 148 72 149 73 157 74 159 75 173 76 174 77 175 78 176 79 183 80 185 81 2307 82 2308 83 186 84 190 85 191 86 192 87 2309 88 2311 89 2314 90 2317 91 2319 92 2320 93 2323 94 200 95 2326 96 2328 97 221 98 225
Page 4186
99 2330 100 2334 101 2336 102 2337 103 2349 104 2352 105 2354 106 2356 107 2367 108 2370 109 2373 110 2375 111 2377 112 2381 113 2385 114 2387 115 2408 116 2410 117 2412 118 2414 119 226 120 227 121 2418 122 229 123 2446 124 2449 125 2452 126 2455 127 2457 128 2459 129 2461 130 2462 131 232 132 2467 133 2486 134 2487 135 2489 136 2492 137 2494 138 247 139 249 140 2495 141 2498 142 2500 143 2501 144 2503 145 2506 146 2509 147 2510 148 2512
Page 4187
149 2514 150 2516 151 2518 152 2519 153 2522 154 2524 155 250 156 2526 157 2528 158 2531 159 2534 160 2535 161 2538 162 256 163 2542 164 259 165 260 166 2548 167 271 168 274 169 276 170 2550 171 277 172 2553 173 278 174 281 175 2557 176 284 177 286 178 288 179 291 180 292 181 295 182 297 183 299 184 303 185 309 186 2559 187 311 188 317 189 318 190 2562 191 2565 192 2568 193 319 194 328 195 2570 196 332 197 2573 198 2577
Page 4188
199 333 200 336 201 341 202 342 203 2597 204 344 205 430 206 2600 207 2601 208 2603 209 433 210 434 211 435 212 437 213 438 214 443 215 444 216 446 217 449 218 452 219 454 220 455 221 457 222 458 223 459 224 466 225 467 226 470 227 471 228 474 229 475 230 478 231 479 232 480 233 481 234 483 235 2617 236 2619 237 484 238 487 239 488 240 489 241 491 242 493 243 494 244 497 245 499 246 503 247 504 248 507
Page 4189
249 2620 250 508 251 509 252 511 253 512 254 520 255 2622 256 524 257 525 258 526 259 533 260 534 261 536 262 539 263 540 264 2624 265 542 266 544 267 547 268 547 269 2625 270 2627 271 549 272 552 273 554 274 2629 275 555 276 557 277 559 278 2631 279 560 280 2633 281 561 282 563 283 564 284 565 285 567 286 568 287 569 288 2635 289 2636 290 2639 291 2642 292 571 293 574 294 575 295 576 296 2644 297 2645 298 2645
Page 4190
299 2646 300 2647 301 2649 302 2650 303 2653 304 577 305 578 306 579 307 581 308 2656 309 2658 310 583 311 584 312 588 313 590 314 592 315 2663 316 2665 317 594 318 595 319 598 320 601 321 602 322 609 323 610 324 610 325 613 326 617 327 622 328 635 329 639 330 641 331 643 332 650 333 2669 334 653 335 654 336 661 337 664 338 665 339 666 340 2671 341 668 342 672 343 673 344 677 345 2673 346 2673 347 684 348 688
Page 4191
349 689 350 691 351 693 352 697 353 700 354 701 355 706 356 708 357 709 358 711 359 712 360 714 361 716 362 718 363 719 364 2674 365 2676 366 2677 367 720 368 725 369 726 370 727 371 727 372 729 373 746 374 747 375 750 376 2678 377 778 378 2680 379 2682 380 2703 381 2704 382 2706 383 2709 384 781 385 784 386 785 387 787 388 2712 389 2714 390 788 391 2717 392 790 393 2718 394 2720 395 2723 396 2725 397 2727 398 2730
Page 4192
399 2733 400 794 401 795 402 796 403 806 404 2734 405 2737 406 807 407 2739 408 808 409 2742 410 810 411 2744 412 811 413 813 414 824 415 2750 416 825 417 826 418 2753 419 2761 420 2764 421 2772 422 2774 423 827 424 829 425 830 426 833 427 2776 428 835 429 2779 430 837 431 842 432 844 433 846 434 2799 435 857 436 877 437 2801 438 2802 439 2805 440 2808 441 2810 442 879 443 2812 444 2816 445 2818 446 880 447 882 448 890
Page 4193
449 2819 450 2821 451 2827 452 2830 453 892 454 894 455 895 456 896 457 2832 458 2837 459 897 460 900 461 903 462 905 463 2841 464 2844 465 2846 466 2847 467 2849 468 2851 469 2869 470 2872 471 2873 472 2875 473 907 474 2878 475 2880 476 2882 477 2885 478 908 479 910 480 911 481 2887 482 2914 483 2924 484 2926 485 2928 486 2930 487 2933 488 2935 489 2937 490 2938 491 2940 492 2942 493 2945 494 2951 495 2953 496 2955 497 2957 498 2960
Page 4194
499 2962 500 2964 501 2967 502 2969 503 2987 504 2989 505 3008 506 3011 507 3014 508 3015 509 3017 510 3019 511 3022 512 3025 513 3030 514 913 515 3033 516 3037 517 916 518 3039 519 3042 520 3059 521 3061 522 3063 523 3065 524 3072 525 3075 526 3103 527 3105 528 3107 529 3111 530 3113 531 3115 532 3117 533 3120 534 3123 535 3125 536 3128 537 3131 538 3133 539 3139 540 920 541 3143 542 3145 543 3147 544 3150 545 3152 546 3155 547 3158 548 3161
Page 4195
549 3164 550 3166 551 3169 552 3171 553 3173 554 3176 555 3180 556 3184 557 3193 558 924 559 3197 560 3199 561 3201 562 3205 563 3207 564 929 565 3212 566 3214 567 3216 568 3218 569 3220 570 3223 571 3226 572 3231 573 3234 574 3237 575 3240 576 3242 577 931 578 3276 579 3279 580 3285 581 3302 582 3303 583 3305 584 3308 585 3310 586 3312 587 3314 588 3320 589 3322 590 3329 591 3331 592 3333 593 3334 594 3336 595 3339 596 3352 597 3354 598 3358
Page 4196
599 932 600 3369 601 3372 602 3374 603 3381 604 3385 605 3388 606 3393 607 934 608 3395 609 935 610 3398 611 3400 612 3402 613 3404 614 3407 615 939 616 3413 617 3415 618 3428 619 3432 620 3434 621 3436 622 3438 623 3441 624 3447 625 3450 626 3453 627 3455 628 3456 629 3460 630 3462 631 3465 632 3468 633 3471 634 3492 635 3494 636 3497 637 3509 638 3512 639 3515 640 3517 641 3519 642 3521 643 3524 644 3527 645 3529 646 3530 647 3532 648 3535
Page 4197
649 3538 650 3540 651 3567 652 3569 653 3572 654 3574 655 3576 656 3579 657 3581 658 3621 659 3623 660 3627 661 3629 662 3631 663 3637 664 3640 665 3642 666 3644 667 3652 668 942 669 3654 670 3673 671 3677 672 3682 673 3684 674 3686 675 3688 676 3690 677 945 678 946 679 947 680 1191 681 3693 682 3697 683 1192 684 1194 685 1197 686 1202 687 1260 688 1261 689 1265 690 1267 691 1269 692 1273 693 1285 694 1288 695 1289 696 1294 697 1296 698 1297
Page 4198
699 1299 700 1300 701 1301 702 1315 703 1316 704 1353 705 3701 706 1406 707 3749 708 3752 709 1405 710 1407 711 1410 712 3768 713 1414 714 1418 715 1427 716 3773 717 1449 718 1450 719 1468 720 1478 721 1481 722 1483 723 3776 724 3793 725 3802 726 3806 727 3809 728 3812 729 3816 730 3822 731 3827 732 3831 733 3834 734 3837 735 3853 736 3857 737 3860 738 3864 739 3867 740 3870 741 3874 742 3877 743 3880 744 3926 745 3928
Page 4199
746 3930 747 3939 748 3942 749 3946 750 3949 751 3952 752 3956 753 3960 754 3962 755 3965
Page 4200
RESOLUTIONS BY NUMBER 1 3 2 17 3 21 4 68 5 70 6 73 7 232 8 1486 9 308 10 321 11 346 12 640 13 649 14 662 15 669 16 681 17 690 18 695 19 2679 20 710 21 2710 22 723 23 1403 24 1408 25 3748 26 3751 27 3767 28 3771 29 3775 30 3792 31 3801 32 3805 33 3808 34 3811 35 3815 36 3821 37 3826 38 3830 39 3832 40 3836 41 3852 42 3856 43 3859 44 3863 45 3866 46 3869 47 3873 48 3876
Page 4201
49 3879 50 3924 51 1412 52 3925 53 3930 54 1416 55 1424 56 3938 57 3941 58 3945 59 1445 60 3948 61 3951 62 3955 63 1464 64 1476 65 3958 66 1479 67 1487 68 1489 69 1491 70 1493 71 1495 72 1496 73 1499 74 1500 75 1502 76 1504 77 1505 78 1506 79 1522 80 1525 81 1527
Page 4202
A ABORTIONS New chapter provided 635 ACWORTH, CITY OF Charter amended, corporate limits changed 3388 ADMINISTRATIVE SERVICES, DEPARTMENT OF Telecommunications system authorized 1261 ADOPTIONS Certain, financial aid, certain, provided, etc. 946 AGE OF MAJORITY ACT Amended 590 AGENCY Power of attorney not revoked by incompetency of principal, etc. 493 AGERTON, G. FRANK, JR. Compensation to, authorized 3869 AGRICULTURE Cooperative Marketing Act, fisheries included, etc. 835 AILEY, CITY OF Charter amended, corporate limits changed, etc. 3125 AIR QUALITY CONTROL ACT Amended, emitting air contaminants, permit required for, etc. 1285 AIRPORTS Unlawful to tax traveling persons, etc. 483 ALBANY, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. Corporate limits changed 2104
Page 4203
ALCOVY JUDICIAL CIRCUIT Court reporter, employment of 520 ALEXANDER, JOSEPH SIMMONS, SR., MEMORIAL BRIDGE Named 3805 ALPHARETTA, CITY OF Charter amended, city officials, salaries changed 2385 ANESTHESIA Certain nurses may administer 433 ANIMAL IMPORTATION ACT, GEORGIA Enacted 1468 ANIMALS, DEAD, DISPOSAL ACT Amended 569 APPELLATE PRACTICE ACT Amended, notice of appeal, jurisdictional statement changed, etc. 303 APPLING COUNTY Board of education, compensation of members changed, referendum 3569 Commissioners, compensation changed 3567 Ordinary, supplemental salary provided 3874 Small claims court, judge, filling vacancies in office, provided 3572 Sheriff's deputies, provisions relating to, changed, etc. 3623 APPROPRIATIONS, GENERAL, ACT Amended 1316 Enacted 1353 ARCHITECTURAL AND ENGINEERING FIRMS Doing business with State, resolution amended 640
Page 4204
AREAS, VITAL, ACT OF 1973 Enacted 935 ART Certain objects of, exempt from sales tax, etc. 276 ASHBURN, CITY OF Charter amended, majority vote required for election 3063 ATHENS, CITY OF Charter amended, corporate limits redefined, etc. 2387 Charter Amended, Merit System for Employees, etc., referendum 2354 Charter amended, public transportation system authorized, etc., referendum 2367 ATKINSON COUNTY Board of commissioners, clerk for, provided, etc. 2526 Sheriff, automobiles provided for, etc. 2531 ATLANTA BALLET Designated as State Ballet Company 68 ATLANTA, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. Charter amended, Board of education reorganized, etc. 2167 Charter amended, board of education, tax rate fixation provided, etc. 2827 Charter amended, court counselor provided 3749 Charter amended, delinquent tax executions, time changed 2844 Charter amended, street paving provided, etc. 2830 Homestead exemptions, certain, authorized, proposed amendment to the Constitution 1491 Reincorporated 2188 ATLANTA JUDICIAL CIRCUIT Assistant district attorneys, certain restrictions removed, etc. 787 Deputy district attorneys 10 ATLANTA, METROPOLITAN, RAPID TRANSIT AUTHORITY ACT AMENDED Contracts, certain, public inspection provided 141
Page 4205
ATLANTA, METROPOLITAN, RAPID TRANSIT OVERVIEW COMMITTEE Created 70 Expenditures provided 73 ATTORNEY GENERAL Certain reimbursements provided, etc. 810 ATTORNEY'S FEES Corporate sureties, liability for, etc. 825 AUCTION SALES Personal property, regulation of, etc. 494 AUGUSTA, CITY OF Charter amended, recorder, qualifications provided, etc. 2548 Conveyance of land to authorized 669 , 681 (Richmond); Board of Tax Assessors, compensation changes 3059 Richmond County Coliseum Authority, created 3042 AUSTELL, CITY OF Charter amended, corporate limits changed 3314 B BACON COUNTY Commissioners, compensation changed, etc. 2334 Ordinary, secretary authorized 2336 Sheriff, compensation changed, etc. 2330 Small Claims Court created 2337 Tax Commissioner, part-time personnel authorized, etc. 2492 BAGBY, GEORGE T., STATE PARK Named 3958 BAIL Certain offenses, bailable before superior court judge 454 Misdemeanors, not refused during appeal 454 Driver's license used as, traffic offenses 435 Refusal of, grand jury must hear in 90 days 291
Page 4206
BAINBRIDGE, CITY OF Charter amended, corporate limits changed 3532 BALLET, ATLANTA Designated as State Ballet Company 68 BALLOTS Processing defective cards provided 175 BANKS Bank Holding Companies, voting stock in other banks provided 281 Branches, population requirements, determination provided, etc. (120,000 or less) 127 Certain federal and national institutions, taxed as State banks, etc. 924 Checks drawn without funds, provisions changed, etc. 491 Directors qualifications changed 811 Expansion, certain, of facilities authorized, etc. 526 Holding Companies, voting stock in other banks provided 281 Investments, certain advertisements prohibited, etc. 534 Merger, certain stock provisions made, etc. 278 BARBER ACT, GEORGIA Enacted 1450 BARNESVILLE, CITY OF Charter amended, recorder, qualifications changed 3509 Charter amended, television service system authorized 3517 Charter amended, ward boundaries extended 3512 BARROW COUNTY Board of commissioners, certain dereliction of duty provisions repealed, etc. 3322 Ordinary, compensation changed, etc. 2538 BARTOW COUNTY Court reporter placed on salary, etc. 942 Investigator provided 684 BAXLEY, CITY OF Charter amended, corporate limits changed, referendum 3677
Page 4207
BEN HILL COUNTY Superior court, reporter's salary changed, etc. 602 Superior court terms changed 601 BERRIEN COUNTY Board of Commissioners, members, compensation changed 2810 Sheriff, compensation changed, etc. 2805 Tax commissioner's office, certain personnel, compensation changed 2808 BETWEEN, TOWN OF New charter 3880 BIBB COUNTY (Macon) Water and Sewerage Authority Act Amended 2603 Superior court judges, district attorney, salary supplements 176 BICENTENNIAL CELEBRATION National, Georgia commission reestablished, etc. 311 BICYCLES Safety Act enacted 471 Trail construction authorized 470 BLACKSHEAR, CITY OF Charter amended, election date changed, etc. 3128 BLECKLEY COUNTY Tax commissioner, compensation of clerk changed 3864 BLUE RIDGE JUDICIAL CIRCUIT District Attorney, Assistant, compensation provided, etc. 250 BOARD OF CORRECTIONS Prisoners, benefits on release provided, etc. 542 Prisoners, possession of deadly weapon in prison penalized, etc. 555 Prisoners, transfers to federal authorities provided 1297 Prisoners, work regulations for pay, etc. 1299
Page 4208
BOARD OF EDUCATION County, independent, cooperative education service agencies, social security collections 808 County, meetings 700 BOARD OF HEALTH Fluoridation of certain water supplies provided 148 BOARD OF NATURAL RESOURCES Organization provided 139 BOARD OF PARDONS AND PAROLES Members, removal of, etc. 727 Membership increased 157 BOARD OF TAX ASSESSORS, COUNTY Appeals, certain, provided 709 BOAT SAFETY ACT, GEORGIA Enacted 1427 BOILERS AND PRESSURE VESSELS ACT AMENDED Installation of, certain exemptions provided 561 BONDS Fiduciary, for value of estate, provided 826 Fiduciary, not to include real estate, etc. 1191 Non resident executors, certain, relieved of 481 Revenue; gas and electric systems, majority vote requirement, deleted, proposed amendment to the Constitution 1496 BOWDON, CITY OF New charter 3654 BRYAN COUNTY Sheriff's deputies, number increased, etc. 3627 BUDGET ACT Annual appropriations provided 673
Page 4209
BUILDING AND LOAN ACT Business must be conducted on premises 653 Amended, charter approval by commissioner required 533 BUREAU OF STATE PLANNING AND COMMUNITY AFFAIRS Functions enlarged, etc. 511 BURIAL Paupers, certain counties, expenses increased (56,000-60,000) 594 Places, permits, obtaining to disturb 318 BURKE COUNTY Board of commissioners, compensation changes 3334 Hospital Authority, successor members, appointments provided 2656 Sheriff, compensation changed 2633 Small claims court created 3497 State court, terms changed 3336 Superior court, terms changed 2846 BUSINESS DEVELOPMENT CORPORATION ACT, GEORGIA, AMENDED Commencing business, etc. 536 BUTTS COUNTY Assistant district attorney, qualifications changed 654 Tax Commissioner, compensation changed 2077 C CALHOUN, CITY OF Hand Up, Inc., appropriation to, authorized; proposed amendment to the Constitution 1505 CALHOUN COUNTY Tax Commissioner placed on salary, etc. 2489 CAMDEN COUNTY Tax Commissioner, personnel, compensation changed, etc. 2495
Page 4210
CAMILLA, CITY OF Charter amended, corporate limits changed 3008 CAMPBELL, BILLY W., MRS. Compensation to, authorized 3801 CANDLER COUNTY Board of commissioners, compensation changes, etc. 2627 Sheriff, compensation changed, etc. 2625 State court, judge, solicitor, salaries changed 3161 CARROLL COUNTY Coroner placed on salary 2924 State court, solicitor, compensation changed, etc. 2714 CARROLLTON, CITY OF See also tabular indexMunicipalities, Home Rule, amendments . CARTER, MRS. LUCILLE HALL Compensation to, authorized 3876 CATCH OUT POND License provided, etc. 274 CATOOSA COUNTY Commissioner's clerical assistance allowance increased, etc. 2373 Deputy sheriffs, additional, provided, etc. 2377 Development authority implemented 3310 Employees, hospitalization insurance provided 2375 Superior court clerk, compensation changed, etc. 2370 Tax commissioner, clerical assistance allowance increased 2559 CATTLE PRODUCTION Defined; revenue, tax exemption act amended 934 CEMETERIES Burial places, permits, obtaining to disturb 318 CENTERVILLE, CITY OF Charter amended, corporate limits defined 3468
Page 4211
CHARLTON COUNTY Ordinary, clerk of, compensation changed 2506 CERTIFICATE OF TITLE ACT, MOTOR VEHICLE, AMENDED Bond provisions, certain, changed 712 CHATHAM COUNTY Board of commissioners designated 2079 Commissioners, ex officio judges, compensation changed 2081 Governing authority designated 2083 (Savannah); government, provisions changed 2268 CHATTAHOOCHEE COUNTY Board of commissioners, clerk's compensation changed 2869 Tax commissioner, compensation changed 2872 CHATTOOGA COUNTY Commissioner, compensation changed, etc. 2323 Deputy sheriff, compensation changed, etc. 2317 Ordinary, compensation changed, etc. 2314 Superior court deputy clerk, compensation, etc. 2309 Tax Commissioner, deputy, salary changed 2320 CHECKS Drawn without funds, provisions changed, etc. 491 CHEROKEE COUNTY Board of education, position numbering provided, etc., referendum 3207 Deputy sheriffs, compensation changed, etc. 2381 District Attorney, Assistant, compensation provided, etc. 250 Water Authority Act amended, bond limitation deleted, etc. 3205 CHEROKEE JUDICIAL CIRCUIT Court reporter placed on salary, etc. 942 Investigator provided 684 CHICKAMAUGA, CITY OF Charter amended, corporate limits changed, etc. 3025 CHILD SUPPORT RECOVERY ACT Enacted 192
Page 4212
CHILD WELFARE AGENCY, UNLICENSED Injunction authorized, etc. 560 CHILDREN Abuse of, reports expanded 309 Adoptions, certain, financial aid, certain, provided, etc. 946 Age of majority, act amended 590 Child Support Recovery Act 192 Illegitimate, support by accused father, etc. 697 Names, change, parents' consent required, etc. 504 CHILDREN AND YOUTH ACT AMENDED Adoptions, certain, financial aid provided, etc. 946 Certain penalty provisions changed, etc. 563 Unlicensed child welfare agency, injunction authorized, etc. 560 CIVIL COURT Judges' salaries, certain counties (500,000 or more) 2308 CIVIL DEFENSE Act of 1951 amended 74 Interstate, defense compact act, enacted 459 Local employees, included in joint municipal retirement system, etc. 446 CIVIL DEFENSE AND DISASTER COMPACT ACT, INTERSTATE Enacted 459 CIVIL PRACTICE ACT Certain executions authorized after judgment 693 CLAIMS, STATE COURT OF Created, proposed amendment to the Constitution 1489 CLARKE COUNTY Board of commissioners, new, created, etc., referendum 2467 Board of education, new, provided, etc., referendum 3374 CLAYTON COUNTY Board of Commissioners, act amended 2005 Superior Court, court reporters provided 592
Page 4213
CLAYTON JUDICIAL CIRCUIT Court reporters provided 592 CLINCH COUNTY Deputy sheriffs, compensation of, changed 3453 Ordinary, compensation changed 2534 COASTAL MARSHLANDS PROTECTION COMMITTEE Named 564 COBB COUNTY Ad valorem taxation, certain exemption provided 2101 Board of commissioners, recall provisions changed 3120 Board of commissioners, rezoning proceedings, members' interest must be revealed, etc. 3640 Board of commissioners, zoning, members required to vote on 3305 Homestead exemption, certain, provided; proposed amendment to the Constitution 1522 Juvenile court, judge, salary changed, etc. 2122 Land lot survey, certain, authorized 2710 Local law authorized, zoning and planning powers; proposed amendment to the Constitution 1527 State court, assistant solicitors, number changed, etc. 2124 State court, court reporters authorized, etc. 3176 State court, judges, compensations changed 3637 Superior court, reporters, assistant district attorneys, provided 584 Superior court judge, furnishing law books to 710 Taxation study committee created 3644 COBB JUDICIAL CIRCUIT Court reporters, assistant district attorneys 584 Judge, furnishing law books to 710 COCHRAN, CITY OF Charter amended, election, plurality vote provided 2600 CODY, JOHN A. Conveyance of land to, conditionally authorized 1464 COLLEGE PARK, CITY OF Charter amended, mayor, councilmen, qualifications provided 3117
Page 4214
COLQUITT COUNTY Superior court clerk, compensation changed, etc. 3494 COLUMBIA COUNTY Board of Commissioners, chairman's salary changed 2030 Small claims court created, etc. 2032 Superior court clerk, salary chnaged, etc. 2028 COLUMBUS Airport commission, powers and duties defined 2016 Charter amended, certain land sale ratified 3142 Charter amended, homestead exemptions authorized, etc. 3773 Direction sign to, authorized 690 Municipal court, deemed state court for certain purposes 3061 COMMERCE, CITY OF Charter amended, councilmen-at-large provided, etc. 3398 COMMERCIAL CODE Warehousemen's liens, household goods, effectiveness, etc. 437 COMMISSION ON COMPENSATION, STATE Salaries, certain, increased 701 COMMISSIONER OF ROADS Compensation of, certain, act repealed 2644 COMMON CARRIERS, MOTOR Temporary emergency authority, etc. 641 COMMUNITY REHABILITATION CENTERS Provided 579 , 581 COMPANIES Multi-Level, regulated, etc. 336 COMPENSATION, STATE COMMISSION ON Salaries, certain, increased 701 CONTINENTAL CAN COMPANY, INC. Easement conveyance to, authorized 1408
Page 4215
CONTRACT CARRIERS, MOTOR Uniform license requirements, etc. 643 COOK COUNTY Board of Commissioners, membership changed, etc., referendum 2300 Sheriff, certain reimbursement expenses changed 3145 Tax commissioner, fees, etc., county property 3147 COOPERATIVE MARKETING ACT Agricultural products include fisheries, etc. 835 CORDELE JUDICIAL CIRCUIT Superior court, reporter, salary changed, etc. 602 Terms changed 601 CORONERS Compensation changed (23,600-23,800) 2673 Compensation changed (55,110-58,000) 2524 Population figures, certain, changed (10,600-10,900) 565 CORPORATE SURETIES Damages and attorney's fees, liability for, etc. 825 CORPORATIONS Clearing, redefined 689 Multi-Level, regulated, etc. 336 Secretary of State, authority to grant powers to; proposed amendment to the Constitution 1502 Shares, issuance without class voting, etc. 833 Stock and Mutual insurers, perpetual charter duration provided 185 COUNTIES Board of commissioners, monthly meeting provided (23,000-23,500) 2673 Board of education meetings 700 Board of elections provided (60,000-65,000) 2086 Board of elections provided (145,000-165,000) 2283 Board of elections provided (170,000-195,000) 3697 Board of Tax Assessors, appeals, certain, provided 709 Certain, courts of ordinary, disposition of insolvent costs provided (13,000-13,300) 2060 Certain, zoning maps authorized showing streets, etc. 2629 Civil Court, judges' salaries (500,000 or more) 2308 Commissioner of roads, compensation of, certain, act repealed 2644
Page 4216
Coroners, compensation changed (55,110-58,000) 2524 Criminal court, judges' salaries (500,000 or more) 2308 Criminal courts, certain, defined as agency under Records Act (600,000 or more) 2674 Elected officials, certain, compensation fixed 2801 Elections, board of, certain counties, provided (27,000-28,000) 2553 Elections, board of, provided (66,000-73,000) 2658 Employees, certain, compensation increased (145,000-165,000) 2818 Governmental facilities, centralization of, authorized (63,000-72,000) 2671 Grants to for roads, provided ad valorem tax credit provided, etc. 475 Harbor clearing, certain financial support authorized, etc. 1407 Hotel and Motel rates, filing authorized, etc. (145,000-165,000) 2620 Investments, additional, provided 1192 Juvenile court, judges' salaries (500,000 or more) 2308 Law library act amended 430 Malt beverages, excise tax on, authorized, etc. 328 Municipalities, certain, exempted from using county tax assessments (15,000 or more in counties of 59,000-60,000) 913 Ordinaries, compensation of, certain, act repealed 2646 Ordinary, court of, judge's salary (500,000 or more) 2308 Paupers, burial, expenses increased (56,000-60,000) 594 School superintendents, bonds 577 Sheriffs, certain, compensation provided (500,000 or more) 2461 Sheriff, compensation for, provided (5,750-5,800) 2307 Sheriff's personnel, compensation of, changed (145,000-165,000) 2774 Small claims court, jurisdiction changed (12,800-12,950) 2635 Small claims court, jurisdiction changed, etc. (34,500-39,500) 2750 State court, associate judge provided, etc. (145,000-165,000) 3413 State courts, judges, included in retirement laws (145,000-165,000) 2717 Surveyors, substitutes designated 639 Tax Assessors, Board of, certain appeals provided 709 Tax commissioners, compensation of, certain, act repealed 2645 Tax deed retention, etc., act repealed (500,000 or more) 2676 Tax fi. fas., sale of, repeal of act providing for (500,000 or more) 2677 Treasurers, compensation of, certain, act repealed 2645 Vacancies in office, certain, provisions for filing (65,500-73,500) 2494 Voters list, municipalities required to use, etc. (27,000-28,000) 277
Page 4217
COVINGTON, CITY OF Parking Authority created; proposed amendment to the Constitution 1506 COWELL, WILLIAM P. Compensation to, authorized 3821 CRAWFORD COUNTY Small claims court, jurisdiction extended, etc. 2665 Superior court clerk, compensation changed 2663 Superior court judges, district attorney, salary supplements 176 CRIMES Abortions 635 Hockey games, certain ticket sale activity prohibited 96 Marijuana, penalty for certain possession, reduced 688 Sea Oats, harvesting prohibited 727 CRIMINAL COURT Judges' salaries, certain counties (500,000 or more) 2308 CRIMINAL LAW Appeals, state may, certain judgments, etc. 297 Imposition of death penalty provided 159 Unsworn statement law abolished 292 CRIMINAL PROCEDURE Bail, certain offenses, before superior court judge 454 Bail, misdemeanors, not refused during appeal 454 Bail, refusal of, grand jury must hear in 90 days 291 Juries, number on, felony trials, changed, etc. 286 Drug sellers, reward increased, etc. 725 Statement, unsworn, law abolished 292 CRIME INFORMATION CENTER ACT, GEORGIA Enacted 1301 CRIMINAL COURTS Agency, defined as, under Georgia records act (600,000 or more) 2674
Page 4218
CRISP COUNTY County officers, certain, salaries changed, etc. 3428 Small claims court created 3339 Superior court, reporter's salary changed, etc. 602 Superior Court, terms changed 601 CRUMBLEY, MARIE, MRS. Compensation to authorized 3767 CURRENT INCOME TAX PAYMENT ACT OF 1960 Amended, quarterly return date changed 227 CURTIS, E. L. Conveyance of land to/or wife, authorized 1479 CURTIS YOUNGBLOOD FORD, INC. Compensation to, authorized 3925 CUSTODIAN Ordinary as; funeral expense payment authorized 829 D DADE COUNTY Commissioner, compensation changed, etc. 2761 Ordinary, compensation increased, etc. 2772 Sheriff, compensation changed, etc. 2764 Water and Sewer Authority created 2542 DAHLONEGA, CITY OF Charter amended, recorder, qualification of, changed 2703 DALLAS, CITY OF Charter amended, recorder's court 3193 DALTON, CITY OF Charter amended, mayor, council, salary changes 3014 Charter amended, recorder, compensation changed 3015 Unified pension plan changed 2019 DAMAGES Corporate sureties, liability for, etc. 825 Personal and property, distinct cause of action provided 295
Page 4219
DARIEN, CITY OF Charter amended, mayor, council, compensation changed 3113 DAVIDSON, JAMES P. Memorial marker authorized 3836 DASHER, TOWN OF Charter amended, corporate limits extended 3103 DAWSON COUNTY Sheriff's deputies, provisions changed 2680 DEAD ANIMAL DISPOSAL ACT Amended 569 DEAD BODIES Burial places, permits, obtaining to disturb 318 DEATH PENALTY Provisions made for imposition 159 DEFENSE Civil, 1951 Act amended 74 DEKALB COUNTY See tabular indexCounties and County MattersHome Rule Actions . Election laws study committee created 3173 Incorporated cities within, firemen, work requirements provided 2928 State court, compensation of judges fixed 2498 State court, law books costs, etc. 2075 Superior court, reporters, additional, authorized 249 Superior court, reporters, salary changed 247 Superior court terms changed 317 DEPARTMENT OF ADMINISTRATIVE SERVICES Telecommunications system authorized 1261 DEPARTMENT OF LAW Certain reimbursements provided, etc. 810
Page 4220
DEPARTMENT OF NATURAL RESOURCES Conservation rangers authorized, etc. 1483 Functions of Georgia Historical Commission, transferred to 1260 DEPARTMENT OF OFFENDER REHABILITATION Employees, group liability insurance provided 1296 DEPARTMENT OF PUBLIC SAFETY Driver's licenses, 4 year, provided, etc. 467 Identification cards authorized, handicapped persons 807 Members, certain, compensation changed 449 DEPARTMENT OF TRANSPORTATION Grant programs, administration authorized, etc. 720 Harbor clearing, certain financial support authorized 1407 Personnel employment, authorized, etc. 1405 Signs, directional, certain erection, authorized 690 DEPOSITORIES BOARD, STATE State Treasurer replaced as member of, etc. 149 DETECTIVES Private, etc., regulated 40 DETENTION FACILITIES Minimum facilities provided, etc. 890 DICKIE STARNES MEMORIAL, INC. Lease of property to, authorized 232 DISABLED PERSONS LICENSE PLATES ACT Enacted 576 DISTRIBUTION COMPANIES Multi-Level, regulated, etc. 336 DISTRICT ATTORNEYS Authority to bring certain in rem proceedings granted 795 DIVISION OF INVESTIGATION Narcotics and Drug abuse agents, contractual basis authorized, etc. 544
Page 4221
DIVORCE Irretrievably broken, new ground for 557 DODGEN, GERALDINE Compensation to, authorized 3830 DOOLY COUNTY Superior court, reporter's salary changed, etc. 602 Superior court, terms changed 601 DOUGHERTY COUNTY Judge, superior court, salary supplement authorized 15 DOUGLAS COUNTY Board of Commissioners, salaries changed, etc. 2120 Coroner, compensation changed 3529 High School Tigers Band, designated for President's inauguration 3 Superior court clerk, etc., salary changed 2280 DRIVER'S LICENSES Four-year, provided, etc. 467 Honorary, provisions changed 916 Traffic arrest, may be used as bail 435 DRIVER TRAINING Schools, examination requirements, instructors 259 DRUGS Agents, contractual basis authorized 544 Marijuana, penalty for certain possession, reduced 688 Sellers, reward increased, etc. 725 E EAST DUBLIN, TOWN OF Charter amended, terms of office changed, etc. 3652 EAST POINT, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. Charter amended, corporate limits changed, etc. 2577 Increased retirement benefits provided for certain persons, proposed amendment to the Constitution 1495
Page 4222
EDUCATION (See alsoSchools) Capital outlay funds, accrual authorized, etc. 552 Children, abuse of, reports permitted 309 Cooperative educational service agencies, social security collections 808 County boards, meetings 700 Federal and State Governments, study of, provided, etc. 190 Higher Education Assistance, maximum amount of loans changed, etc. 650 Insurance, liability for certain officials authorized, etc. 1267 Immunizations, children, time provisions changed, etc. 910 Liability insurance for certain officials authorized, etc. 1267 Local board, rehiring teachers, procedure provided, etc. 907 Loitering prohibited on premises, etc. 719 Minimum foundation program, study committee created 1476 School superintendents, bond 577 Special assistance fund provided, etc. 1194 Superintendents, bonds 577 Teachers, rehiring provisions, etc. 907 Textbooks, free, allotment of funds, changed, etc. 540 Vocational schools, certain fund provisions changed 894 Year-round operation of schools, provisions changed 1478 EFFINGHAM COUNTY State Court, solicitor, compensation changed, etc. 2535 ELECTIONS Board of, certain counties, provided (27,000-28,000) 2553 Board of certain counties, provided (60,000-65,000) 2086 Board of, provided (66,000-73,000) 2658 Board of, certain counties, provided (145,000-165,000) 2283 Board of, certain counties provided (170,000-195,000) 3697 Defective ballot cards, processing provided 175 Municipalities, certain, required to use county voters list, etc. (27,000-28,000) 277 Presidential Preference Primary Law enacted 221 Special and general, time for provided 174 ELECTRICITY Georgia Territorial Electric Service Act 200 ELLETT, BRUCE G. Compensation to, authorized 3811 EMANUEL COUNTY Ordinary, compensation changed 2326
Page 4223
EMINENT DOMAIN Special Master, continuance provisions changed, etc. 479 EMPLOYEES RETIREMENT SYSTEM ACT Messengers and doorkeepers 95 Pension and annuity reserve funds, retirements for eliminated, etc. 900 Prior federal service credits, retention of 1410 Records, certain separate, authorized 706 Soil and Water Conservation District employees, subject to, etc. 908 Tax Commissioners, etc., provisions changed 880 EMPLOYEES' SUGGESTION AND AWARDS BOARD ACT AMENDED Program redefined, etc. 794 EMPLOYMENT AND WAGES Payment in other forms authorized 672 EMPLOYMENT SECURITY LAW AMENDED Funds, certain, made available, etc. 571 Waiting provision, certain, repealed 341 ENDANGERED WILDLIFE ACT OF 1973 Enacted 932 ENGINEERING, ARCHITECTURAL FIRMS Doing business with State, resolution amended 640 ENIGMA, TOWN OF Charter amended, election date changed, etc. 2802 EVANS COUNTY Sheriff's deputies, compensation changed 2799 EVIDENCE Law Enforcement officers, not required to reveal home addresses, etc. 547 Legislative acts, foreign, authentication of, provided, etc. 299 Unsworn statement law abolished 292 EXECUTIVE BOARD OF GEORGIA WORLD CONGRESS CENTER ACT Amended, budget approval by legislature, etc. 666
Page 4224
EXECUTIVE REORGANIZATION ACT AMENDED Highway Safety, office of, changes made 466 EXECUTORS Compensation for certain services provided, etc. 547 Investments, certain definitions expended 718 Non resident, certain, relieved of giving bond 481 EYEGLASSES Prescriptions, delivery of, etc. 746 F FANNIN COUNTY District attorney, assistant, compensation provided, etc. 250 FAYETTE COUNTY Ordinary's office, certain salary provisions for personnel deleted 2510 Sheriff, automobile provisions changed 3212 Superior court clerk's office, personnel's salary, certain provisions deleted 2509 Superior court, judge, district attorney, salary supplements 3133 Tax commissioner's personnel, provisions changed 3214 FEDERAL BUREAU OF INVESTIGATION Compensation to, authorized 3879 FEDERAL GOVERNMENT Study of provided in schools, etc. 191 FELONY TRIALS Juries, number on, changed, etc. 286 FIDUCIARIES Bonds, not to include real estate, etc. 1191 Bonds, value of estate, for, provided 826 Powers, certain, incorporation by reference in wills 846 Securities depository deposits authorized, etc. 714 Trust companies, certain limited capacity authorized, etc. 525 Trustees, procedure for resigning provided, etc. 939
Page 4225
FIDUCIARY INVESTMENT COMPANY ACT Amended 549 FINANCING AND INVESTMENT COMMISSION ACT, GEORGIA STATE Enacted 750 FINGERPRINTS Intoxicating beverages, requirements for licensing 12 Licensing, malt beverages, required 14 FIRE DEPARTMENTS Municipalities, increased pension benefits (300,000 or more) 2880 Municipalities, pensions, service requirements changed, etc. (300,000 or more) 2837 FIREMEN'S PENSION FUND ACT Amended 186 FIREMEN, VOLUNTEER Revolving red lights authorized 583 FISH HATCHERY, COMMERCIAL Defined, etc. 897 FISHERIES Included in certain agricultural products, etc. 835 FLIGHT SCHOOLS Certain, exempted from proprietary school act, etc. 613 FLINT JUDICIAL CIRCUIT Assistant District Attorney, qualifications changed 654 FLOWER, WILD, PRESERVATION ACT OF 1973 Enacted 333 FLOYD COUNTY Hospital authority vacancies, filling of 2057 Medical examiner, office created, etc. 3037 Medical examiner, office created, proposed amendment to the Constitution 1499
Page 4226
FOREST PARK, CITY OF New charter 3701 FORSYTH COUNTY District Attorney, Assistant, compensation provided, etc. 250 FORT OGLETHORPE, TOWN OF Charter amended, town marshal, term changed, etc. 3065 FORT VALLEY, CITY OF Charter amended, utilities commission, provisions changed 3312 FRANKLIN COUNTY Sheriff's deputy, compensation changed 2562 FRENCH BOXCAR Conveyance to Fulton County Voiture, La Societe Des 40 Hommes Et 8 Chevaux, Inc. authorized 695 FULTON COUNTY Assistant district attorneys, certain restrictions removed, etc. 787 Board of commissioners, compensation changed, etc. 2462 Civil Court, record destruction, certain authorized 2737 Courts, certain, assistant district attorneys, certain restrictions removed, etc. 2712 Criminal court, new assistant solicitors authorized 2165 Criminal court, solicitors, compensation provided 2163 Fire prevention sums, certain, increased 2734 Pension fund; additional benefits provided 2723 Pension fund; certain recreation employees included, etc. 2718 Pension fund; certain recreation employees, prior service credit allowed 2720 Teachers and Employees, retirement fund, monthly earnings defined 2725 Teachers and employees, retirement fund, certain military service credited 2730 Teachers and Employees, retirement fund, dependents' benefits increased, etc. 2727 FULTON COUNTY VOITURE, LA SOCIETE DES QUARANTE HOMMES ET HUIT CHEVAUX Boxcar, conveyance to authorized 695
Page 4227
G GAINESVILLE, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. GAME AND FISH Catch Out Pond, license provided, etc. 274 District Attorney authorized to bring certain in rem proceedings 795 Commercial Fish Hatchery Defined, etc. 897 Deer Hunters, apparel color requirements provided 711 Hunting licenses, permanent honorary, certain disabled veterans, provided 1265 Policy-making function vested in natural resources board, etc. 344 GARDEN CITY, CITY OF New charter 3581 GAS AND ELECTRIC SYSTEMS Bonds, revenue, elections, majority vote requirement deleted, proposed amendment to the Constitution 1496 GASOLINE, ETC. Certain penalties provided 790 Marketing Practices Act, Enacted 438 Petroleum, certain gas exemption provided 55 GENERAL ASSEMBLY Members, counsel or party in trial court, excused 478 GENERAL APPROPRIATIONS ACT Amended 1316 Enacted 1353 GENERAL ELECTIONS Time for provided 174 GEORGE T. BAGBY STATE PARK Named 3958 GEORGIA ANIMAL IMPORTATION ACT Enacted 1468
Page 4228
GEORGIA BARBER ACT Enacted 1450 GEORGIA BOAT SAFETY ACT Enacted 1427 GEORGIA BUDGET ACT AMENDED Annual appropriations provided 673 GEORGIA BUSINESS DEVELOPMENT CORPORATION ACT AMENDED Commencing business, etc. 536 GEORGIA CIVIL DEFENSE ACT OF 1951 Amended 74 GEORGIA CODE OF PUBLIC TRANSPORTATION Enacted 947 Amended, lease of certain air rights authorized 1401 GEORGIA COMMISSION FOR NATIONAL BICENTENNIAL CELEBRATION Reestablished, etc. 311 GEORGIA CRIME INFORMATION CENTER ACT Enacted 1301 GEORGIA HIGHER EDUCATION ASSISTANCE CORPORATION ACT AMENDED Loans, maximum amount of, changed, etc. 650 GEORGIA HISTORICAL COMMISSION Functions transferred to Department of Natural Resources 1260 GEORGIA INSURERS INSOLVENCY POOL ACT AMENDED Terms, certain, redefined 497 GEORGIA LAND SALES ACT OF 1972 Amended 578 GEORGIA MARINE WAREHOUSE COMPANY License, certain, in Savannah River Bottom granted 1445
Page 4229
GEORGIA PEACE OFFICERS' STANDARDS AND TRAINING ACT AMENDED Minimum age lowered 539 GEORGIA PORTS AUTHORITY Act amended, membership changed 945 Land conveyance authorized 747 GEORGIA PRISON INDUSTRIES ACT Amended, service contracts, certain, authorized 1300 GEORGIA PRIVATE DETECTIVE AND PRIVATE SECURITIES AGENCIES ACT Enacted 40 GEORGIA PROPRIETARY SCHOOL ACT Amended, certain flight schools exempted, etc. 613 GEORGIA PUBLIC ASSISTANCE ACT OF 1965 AMENDED Penalties for fraudulently obtaining assistance provided 183 GEORGIA RADIATION CONTROL ACT Amended, regulations extended, etc. 920 GEORGIA RECORDS ACT AMENDED Definitions, certain, provided 691 GEORGIA RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT OF 1973 Enacted 512 GEORGIA SCENIC TRAILS ACT AMENDED Bicycle Trail construction authorized 470 GEORGIA SECURITIES ACT OF 1973 Enacted 1202 GEORGIA STATE BOARD OF NURSING HOMES ACT Amended 284
Page 4230
GEORGIA STATE FINANCING AND INVESTMENT COMMISSION ACT Enacted 750 GEORGIA TERRITORIAL ELECTRIC SERVICE ACT Enacted 200 GEORGIA TREATED TIMBER PRODUCTS ACT OF 1973 Enacted 1418 GEORGIA VETERINARY PRACTICE ACT Amended 260 GEORGIA WATER QUALITY CONTOL ACT Amended, sewage, etc., discharge permits, revocation of, etc. 1288 GEORGIA WORLD CONGRESS CENTER ACT, EXECUTIVE BOARD OF Act amended, budget approval by legislature, etc. 666 GEORGIA YOUTHFUL OFFENDER ACT OF 1972 AMENDED Community Rehabilitation Centers provided, etc. 581 GILMER COUNTY District Attorney, Assistant, compensation provided, etc. 250 GLASCOCK COUNTY Sheriff, deputy, compensation changed 3329 GLYNN COUNTY State court, clerk, salary increased, etc. 3158 State court, juror selection provided, etc. 2570 GORDON COUNTY Court reporter placed on salary, etc. 942 Commissioner, clerk for, appointment provided 2951 County officers' salaries, certain grand juries to review, etc. 3320 Hand Up, Inc., appropriation to, authorized; proposed amendment to the Constitution 1504
Page 4231
Investigator provided 684 Murray, Whitfield Counties, Industrial City of, created 2418 GOVERNMENT Federal, State, study of in schools, etc. 191 GOVERNMENT BODIES Harbor clearing, certain financial support authorized, etc. 1407 GOVERNMENTAL SUBDIVISIONS Airports, unlawful to tax 483 Centralization of, authorized (63,000-72,000) 2671 Investments, certain, authorized 1192 Motor vehicles, registration, penalty fees, collection, etc. 781 GOVERNOR Secretaries, power to appoint, etc. 665 Bail, refusal of, must hear in 90 days 291 Certain charges to, repealed 716 Public officials, certain, ineligible for 726 GRANTVILLE, CITY OF Charter amended, corporate limits changed 3465 GREENE COUNTY Board of Education, terms staggered, etc., referendum 3853 GRIFFIN, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. Charter amended, board of commissioners, chairman's election provided 3393 Charter amended, street provisions changed 3455 GRIFFIN JUDICIAL CIRCUIT Judge, district attorney, salary supplements authorized 3133 GROUNDWATER USE ACT OF 1972 Amended, groundwater redefined, etc. 1273
Page 4232
GUARDIANS Hospitalization not required, provisions for, etc. 827 Successor provided 609 , 610 GWINNETT COUNTY Board of commissioners, chairman, salary changed, etc. 3434 County officers, compensation of certain, changed 2412 State Court, compensation of officers changed 2446 State court, juries, composition of, etc. 2601 Superior court judge, district attorney, law books 723 Tax commissioner, compensation changed 3432 GWINNETT JUDICIAL CIRCUIT Superior court judge, district attorney, law books 723 H HABEAS CORPUS Grounds must be raised in original petition 1315 HABERSHAM COUNTY Board of education, members' election authorized, etc., referendum 3809 Coroner placed on salary, etc. 3150 Ordinary, provisions relative to clerk changed 3331 State court, solicitor, secretary for, provided 2709 Superior court, investigator provided, etc. 837 HALL COUNTY Coroner placed on salary, etc. 2816 HALL OF FAME, GEORGIA Julietta Gordon Low, placement of bust authorized 308 HAMILTON, CITY OF Charter amended, elections, provisions changed, etc. 3171 HAMPTON, TOWN OF Charter amended, recorder's court created, etc. 3816
Page 4233
HANCOCK COUNTY Board of commissioners, annual audit required, etc. 3231 Board of commissioners, employment of county police prohibited 3240 County officers, certain, salaries increased, etc. 3237 Tax commissioner, compensation changed, etc. 3234 HANDICAPPED PERSONS Identification cards authorized 807 HARBOR CLEARING Certain financial support authorized, etc. 1407 HARRIS COUNTY Board of commissioners, compensations changed, etc. 3684 HART COUNTY Sheriff, deputies, employment provisions changed, etc. 3218 Superior court clerk, compensation changed, etc. 3223 Tax commissioner, personnel, provisions changed, etc. 3220 HEALTH Board of Nursing Homes Act amended 284 Insurance, State employees, participation increased, etc. 332 Nurses, certain, may administer anesthesia 433 Radiation control regulations extended, etc. 920 HEALTH, BOARD OF Fluoridation of certain water supplies provided 148 HEARD COUNTY Commissioners, compensation changed 2455 Ordinary placed on salary, etc. 2452 Sheriff, compensation changed 2457 Superior court clerk placed on salary, etc. 2449 Tax Commissioner, compensation changed 2459 HENRY COUNTY Assistant District Attorney, qualifications changed 654 Board of commissioners, expense allowances changed 3524 County officers, certain, salaries increased, etc. 3521 Water and sewerage authority, members, compensation changed, etc. 3519 HESTER, EUGENE Compensation to, authorized 3856
Page 4234
HIGHER EDUCATION ASSISTANCE CORPORATION ACT AMENDED Loans, maximum amount of changed, etc. 650 HIGHWAY SAFETY, OFFICE OF Changes made in 466 HIGHWAYS Not officially opened, driving on prohibited 452 Signs, defacing, prohibited, etc. 452 HIRAM, CITY OF Charter amended, mayor, councilmen, compensation changes, etc. 3226 HOCKEY GAMES Certain ticket sale activity prohibited 96 HOGANSVILLE, CITY OF Charter amended, board of education, members, election of, provided, etc. 3447 Charter amended, cable televisions system authorized 3400 Charter amended, city officials, election of, provided, etc. 3450 Charter amended, corporate limits extended 3402 Salaries, certain minimum, provided 3404 HOME RULE ACT, MUNICIPAL Amended, members compensation, etc. 778 HOME RULE ACT, MUNICIPAL Amendment of certain charters provided (400,000 or more) 173 HOMER, TOWN OF Charter amended, terms of office changed, etc. 3812 HOSPITAL AUTHORITIES Project redefined 180 HOSPITAL SERVICE NONPROFIT CORPORATIONS Health care contracts authorized, etc. 813
Page 4235
HOSPITALS Nonprofit, ad valorem tax exemption provided 19 HOT WATER TANKS Sales, automatic relief valves required, etc. 503 HOTEL AND MOTEL RATES Filing, certain, authorized (145,000-165,000) 2620 HOUSTON COUNTY Businesses, license fees, unincorporated area; proposed amendment to the Constitution 1525 Commissioners, compensation changed, etc. 2091 State court, terms changed 3072 HUSBAND AND WIFE Marriage licenses, manuals provided for applicants for 879 I IMMUNIZATIONS School children, time provisions changed, etc. 910 INCOME TAX Net income meaning conformed to federal code, date changed 567 Payment Act, Current, amended, quarterly return date changed 227 INCOMPETENCY Principle, of; not revoke power of attorney, etc. 493 INCORPORATED COMMUNITIES Fluoridation of certain water supplies provided 148 INDUSTRIAL CITY OF GORDON, MURRAY AND WHITFIELD COUNTIES Created 2418
Page 4236
INSURANCE Commissioner, fine imposition power expanded 668 Hospital Service Nonprofit Corporations, health care contracts 813 Insolvency Pool Act amended, terms, certain redefined 497 Interest rate for computing certain minimum reserves increased 617 Liability for certain school officials, authorized, etc. 1267 Nonprofit Medical Service Corporations, health care contracts authorized, etc. 813 Stock and mutual insurers, perpetual charter duration provided 185 Surplus Lines Brokers, examination provided, etc. 499 Uninsured motorists, subsection redesignated, etc. 487 INSURERS INSOLVENCY POOL ACT, GEORGIA, AMENDED Terms, certain, redefined 497 INTANGIBLE TAX Real estate loans; nonpayment, recording, not legal notice, etc. 271 INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT ACT Enacted 459 INTERSTATE COMPACT ON MENTAL HEALTH ACT Enacted 796 INTOXICATING LIQUORS Certain drinks, sale of, etc., exemption provided, etc. 610 Consumption during certain hours authorized (400,000 or more) 2678 Licensing, fingerprints required 12 Licensing, malt beverages, fingerprints required 14 Malt, excise tax, imposition by municipalities and counties, etc. 328 Wines, certain head of household production authorized, etc. 931 INVESTMENTS Certain advertisements prohibited, etc. 534 Certain governmental units, additional, provided 1192 Trusts, authorized, changed 574 Executors, certain definitions expanded 718
Page 4237
IRWIN COUNTY Board of commissioners, clerk, salary changed 3492 J JACKSON, CITY OF Land conveyance to, authorized 1403 JACKSON COUNTY State court, terms changed, etc. 3574 JAILS Certain minimum standards provided, etc. 890 JAMES P. DAVIDSON Memorial marker authorized 3836 JEFFERSON, CITY OF New charter 2887 JEFFERSON COUNTY Board of Roads and Revenues, members, compensation changed, etc. 2289 Sheriff, compensation changed, etc. 2298 State court, judge, solicitor, salaries changed 2292 JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT Amended, local civil defense employees included, etc. 446 JONES COUNTY Commissioners, bonds, amounts changed, etc. 2414 JOSEPH SIMMONS ALEXANDER, SR., MEMORIAL BRIDGE Named 3805 JUDGES Municipalities, certain, may be appointed 489 JUDGES EMERITUS Certain compensation and expenses provided 911 Widows' provisions changed 785
Page 4238
JUDGMENTS State may appeal certain criminal, etc. 297 JUDICIAL COUNCIL OF GEORGIA Created 288 JUDICIAL SYSTEM, UNIFIED Created, proposed amendment to the Constitution 1486 JULIETTE GORDON LOW Placement of bust authorized 308 JURIES Felony trials, number on, changed, etc. 286 JURORS Selection from voters' list 484 JUVENILE COURTS Act amended, concurrent jurisdiction, certain, with superior courts, etc. 882 Judges, certain, compensation changed (250,000-500,000) 2486 Judges' salaries, certain counties (500,000 or more) 2308 JUVENILE COURT CODE AMENDED Community Rehabilitation Centers provided 579 K KEENER, HOYT Compensation to authorized 3751 KENNESAW, CITY OF Charter amended, corporate limits changed, etc. 3385 L LACHER, MRS. HILDA C. Compensation to, authorized 3951
Page 4239
LaCROY, HOYT JACKSON Compensation authorized 3808 LAKE PARK, CITY OF New charter 3074 LAMAR COUNTY Assistant District Attorney, qualifications changed 654 LAND SALES ACT OF 1972 Amended 578 LANIER COUNTY County attorney, compensation changed 2518 Ordinary, compensation changed, etc. 2516 Sheriff's compensation changed, etc. 2512 Superior court clerk, compensation changed, etc. 2519 Tax commissioner, compensation changed 2514 LANIER, MRS. LINDA Compensation to, authorized 3925 LAURENS COUNTY Sheriff, compensation changed, etc. 3939 Ordinary, compensation changed, etc. 3942 State court, judge, solicitor, compensation changes, etc. 3952 Superior court clerk, compensation changed 3949 Tax commissioner, compensation changed 3946 Treasurer, compensation changed 3956 LAW, DEPARTMENT OF Certain reimbursements provided, etc. 810 LAW ENFORCEMENT OFFICERS Criminal proceeding, not required to reveal home addresses, etc. 547 LAW LIBRARY ACT, COUNTY Amended 430 L. C. MOONE Road designated 2679
Page 4240
LEE COUNTY Ordinary, personnel provided for, etc. 2819 Superior court clerk placed on salary 2003 LEESBURG, CITY OF New Charter 2851 LEGISLATIVE ACTS Foreign, authentication of, provided, etc. 299 LENOX, TOWN OF Charter amended, certain land annexed 3372 LEXINGTON, CITY OF New charter 2779 LIBERTY COUNTY Ordinary, provisions relative to clerk changed 3333 Superior court clerk, compensation changed, etc. 3201 LIBRARIES, COUNTY, LAW Act amended 430 LICENSES Determination of expiration date provided, etc. 1481 Disabled persons, provisions made 576 Hunting, permanent honorary, certain disabled veterans, provided 1265 Honorary drivers, provisions changed 916 Intoxicating beverages, fingerprints required 12 Malt Beverages, fingerprints required 14 Marriage, manuals provided for applicants 879 Medical practitioners, certain, examination exemption 226 Vehicle tags furnished National Guardsmen 457 Vehicles, certain fee retention by tax commissioners authorized (10,000-10,200) 2624 LIMITED PARTNERSHIP Not required to register trade name 480 LINCOLN COUNTY Ordinary, compensation changed 3960 Treasurer, compensation changed 3962
Page 4241
LINCOLNTON, CITY OF Charter amended, mayor, councilmen, qualifications changed, etc. 2945 LOCAL GOVERNMENTS Investments, additional, provided 1192 May adopt Uniform Act Regulating Traffic on Highways, etc. 98 LOCUST GROVE, TOWN OF Charter amended, recorder's court created, etc. 3822 LOGANVILLE, CITY OF Charter amended, elections, etc. 3867 LONG COUNTY Sheriff, clerk for, provided, etc. 2306 Sheriff, compensation changed, etc. 3039 LONG, DOYAL H. Compensation to, authorized 3873 LOUISVILLE, CITY OF Corporate limits changed 2294 LOW, JULIETTE GORDON Bust placement authorized 308 LOWNDES COUNTY Board of commissioners, meeting date changed 3303 Sheriff, compensation changed 2522 Utilities authority act, repealed 3302 Water and Sewerage Authority Act 3285 LUCY LANEY HIGH SCHOOL MARCHING BAND Designated for President's inauguration 3 LUDOWICI, CITY OF Charter amended, corporate limits changed 3579 LUMBER CITY, CITY OF New charter 3540
Page 4242
LUMPKIN, CITY OF Charter amended, certain funds prohibition removed, referendum 3152 LUMPKIN COUNTY Sheriff's deputies, compensation changes, etc. 3155 M MACON-BIBB COUNTY WATER AND SEWERAGE AUTHORITY ACT Amended 2603 MACON, CITY OF See also tabular index-Municipalities, Home Rule, Amendments 4146 Land conveyance to, authorized 1416 Transit authority act, enacted 2914 MACON JUDICIAL CIRCUIT Judges, districts attorney, salary supplements 176 MACON TRANSIT AUTHORITY ACT OF 1972 Enacted 2914 MADISON, CITY OF Charter amended, mayor, aldermen, compensation changed 2500 MALT BEVERAGES Excise tax, imposition by municipalities and counties, etc. 328 MANSFIELD, TOWN OF Charter amended, councilmen, fees provided, etc. 2953 MARIETTA, CITY OF Ad valorem taxation exemption provided 2287 Lease of land to, authorized 1412 Mayor, councilmen, qualifications changed, etc. 3471
Page 4243
MARION COUNTY School superintendent, appointment of, etc., referendum 3827 MARRIAGE LICENSES Marriage manuals provided for applicants 879 MARSHLANDS, COASTAL, PROTECTION COMMITTEE Names 564 McCRAE, MRS. HAZEL Compensation to, authorized 3945 McDUFFIE COUNTY Deputy sheriffs, additional, provided, etc. 2565 Small claims court, certain costs changed 3456 McINTOSH COUNTY Ordinary, compensation changed 3115 Superior court, clerk, compensation changed, etc. 3111 MEDICAL PRACTITIONERS Certain alien licentiates, examination exemption 226 MEEKS, MRS. CARRIE K. Compensation to, authorized 3941 MENLO, CITY OF Mayor's court judge 2319 MENTAL HEALTH Interstate Compact on, enacted 796 Rights of mentally retarded protected 806 MERIWETHER COUNTY Conveyance of land to authorized 662 Ordinary, clerk of, compensation changed 3686 METROPOLITAN AREAS Planning and Development Commission Act amended (1,000,000 or more) 225
Page 4244
METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY AMENDED Contracts, certain, public inspection provided 141 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Created 70 Expenditures provided 73 METROPOLITAN RIVER PROTECTION ACT Enacted (1,000,000 or more) 128 MILLEDGEVILLE-BALDWIN COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY Conveyance of land to authorized 649 MILLER COUNTY Sheriff's deputies, provisions changed, etc. 3834 State Court, act repealed, referendum 2776 State Court, solicitor, fees changed 2487 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended, local boards, rehiring teachers, procedure provided, etc. 907 Amended, special assistance fund provided, etc. 1194 Amended, vocational schools' funds, provisions changed 894 Amended, year-round operation of schools, provisions changed 1478 Capital outlay funds, accrual authorized, etc. 552 Study committee created 1476 Textbooks, free, allotment of funds changed, etc. 540 MITCHELL COUNTY State Court, judge, solicitor, salary changes 3011 MOBILE HOME INDUSTRIES, INC. Compensation to, authorized 3792 MOBILE HOME Permits, fees changed 575 Uniform Standards Code enacted 4
Page 4245
MONROE COUNTY Assistant district attorney, qualifications changed 654 MONTGOMERY COUNTY Board of education, additional members provided, etc., referendum 2550 Tax commissioner, assistant, salary provision repealed 2933 Tax commissioner, compensation changed 2935 MOONE, L. C. Road designated 2679 MORGAN COUNTY Superior court clerk, compensation changed, etc. 2503 Tax commissioner, compensation changed 2501 MORGANTON, CITY OF New Charter 2682 MOTION PICTURES Certain scenes, certain audience prohibition provided, etc. 508 MOTOR COMMON CARRIERS Temporary emergency authority, etc. 641 MOTOR CONTRACT CARRIERS License requirements, uniform, etc. 643 MOTOR VEHICLES Appeals, operators, etc., security, etc. 509 Arrest, driver's license, may be used as bail 435 Authorized on certain streets, etc. motorized carts 598 Motorized cart defined, etc. 595 Firemen, Volunteer, revolving red lights authorized 583 License tags, furnished National Guardsmen 457 Licenses, disabled persons, provided 576 Lights required on, when raining 434 Motorcycles, lights required during operation, public roads 444 Non residents, operation period changed 342 Reciprocal agreements, governor authorized to negotiate certain 559
Page 4246
Red lights, certain right turns authorized, etc. 474 Registration need not be under oath 455 Registration, penalty fees, collection, etc. 781 Suspension system, alteration of, penalty provided 458 Tags, certain refunds provided, etc. 507 Title act amended, bond provisions, certain, changed 712 Uniform accident reports provided, etc. 443 Uninsured motorists, subsection redesignated, etc. 487 MOTORCYCLES Lights required during operation, public roads 444 MOTORIZED CART Authorized on certain streets, etc. 598 Defined, etc. 595 MOULTRIE, CITY OF Charter amended, corporate limits changed, etc. 3793 MOUNTAIN AUTHORITY ACT, NORTH GEORGIA Amended 319 MOUNTAIN JUDICIAL CIRCUIT Investigator provided, etc. 837 MULTI-LEVEL DISTRIBUTION COMPANIES Regulated, etc. 336 MUNICIPAL HOME RULE ACT AMENDED Amendment of certain charter provided (400,000 or more) 173 Members compensation, etc. 778 MUNICIPALITIES Authorized to adopt Uniform Act Regulating Traffic on Highways, etc. 98 Certain, exempted from using county tax assessments (15,000 or more in counties of 59,000-60,000) 913 Certain, general employees, pension benefits increased 2885 DeKalb County, within, firemen, work requirements 2928 Employees, general, pensions, benefits changed, etc. (300,000 or more) 2841 Fire departments, increased pension benefits provided (300,000 or more) 2880
Page 4247
Fire departments, pensions, service requirements changed, etc. (300,000 or more) 2837 Governmental facilities, centralization of, authorized (63,000-72,000) 2671 Harbor clearing, certain financial support authorized, etc. 1407 Increased retirement benefits, proposed amendment to the Constitution (300,000 or more) 1493 Intoxicating liquors, certain consumption provided (400,000 or more) 2678 Investments, additional, provided 1192 Judges, certain, may be appointed 489 Malt beverages, excise tax on, authorized, etc. 328 Police departments, increased pensions provided (300,000 or more) 2882 Police departments, pensions, service requirements changed, etc. (300,000 or more) 2832 Required use of county voters list, etc. (27,000-28,000) 277 Retirement, length of service provisions changed, etc. (300,000 or more) 3768 Rezoning restrictions on annexed property provided (18,100-18,250) 2094 Rural telephone cooperatives, certain powers granted (14,310-15,140) 229 Street grants, certain, computations provided, etc. 524 Vehicle impoundment, act amended (400,000 or more) 2622 Zoning maps, certain, authorizing showing streets, etc. 2629 MURRAY COUNTY Commissioner, compensation changed, etc. 3831 Gordon, Whitfield Counties, Industrial City of, created 2418 Ordinary, compensation changed 3530 N NAHUNTA, CITY OF Charter amended, election date changed, etc., referendum 3631 NAIL, W. A. (AT) BRIDGE Designated 3832 NAMES Minors, change, parents' consent required, etc. 504
Page 4248
NASHVILLE, CITY OF Charter amended, mayor, aldermen, compensation changes, etc. 3441 NATIONAL BICENTENNIAL CELEBRATION, GEORGIA COMMISSION FOR Reestablished, etc. 311 NATIONAL GUARDSMEN Motor vehicle license tags furnished 457 NATURAL RESOURCES ACT OF 1973 Enacted 139 NATURAL RESOURCES, BOARD OF Game and fish policy making functions vested in, etc. 344 NATURAL RESOURCES, DEPARTMENT OF Conservation rangers authorized, etc. 1483 NATURAL RESOURCES, DEPARTMENT OF Functions of Georgia Historical Commission, transferred to 1260 NEWNAN, CITY OF See also tabular index-Municipalities, Home Rule, Amendments. Charter amended, certain terms of office changed 3688 Charter amended, utilities, certain, authorized in unincorporated areas, etc. 3690 NEWTON COUNTY Court reporter, employment of 520 Taxation, unincorporated areas, provided 2878 NONPROFIT HOSPITALS Ad valorem taxation exemption provided 19 NONPROFIT MEDICAL SERVICE CORPORATIONS Health care contracts authorized, etc. 813
Page 4249
NON RESIDENTS Motor vehicles, operation period changed 342 NORTH GEORGIA MOUNTAIN AUTHORITY ACT Amended 319 NOTICE Real estate loans; intangible tax, failure to pay, recording, not notice, etc. 271 NURSES Certain, may administer anesthesia 433 NURSING HOMES Board of, act amended 284 O OAKWOOD, CITY OF Charter amended, street widths provided, etc. 2739 OCILLA, CITY OF Charter amended, corporate limits changed 3802 Charter amended, qualifications for office changed 3806 OCONEE COUNTY Certain traffic regulation authorized, proposed amendment to the Constitution 1486 Offender Rehabilitation, Department of Employees, group liability insurance provided 1296 OMNI INTERNATIONAL, INC. Lease of land to, authorized 346 ORDINARIES Compensation of, certain, act repealed 2646 ORDINARY, COURTS OF Disposition of insolvent costs, certain counties (13,000-13,300) 2060 Judge's salary, certain counties (500,000 or more) 2308
Page 4250
OUSLEY, R. L. Land conveyance to, authorized 1424 P PARDONS AND PAROLES, BOARD OF Amended, certain powers granted, etc. 1294 Members, removal of, etc. 727 Membership increased 157 PARENT AND CHILD Children, abuse of, reports expanded 309 Illegitimate child, support by accused father, etc. 697 PARTNERSHIP, LIMITED Not required to register trade name 480 PATTERSON, CITY OF Charter amended, recorder's court provided, etc. 3870 PAULDING COUNTY Fire prevention districts authorized, etc. referendum 3180 Ordinance adoption authorized, etc. 3184 PAUPERS, BURIAL Certain counties, expenses increased 594 PEACE OFFICERS Annuity and benefits fund act, amended 57 , 63 Criminal proceedings, not required to reveal home addresses, etc. 547 Standards and training act amended, minimum age lowered 539 PEACH COUNTY Superior Court judges, district attorney, salary supplements 176 PEACHTREE CITY Charter amended, additional territory provisions, etc. 2821
Page 4251
PEACHTREE CITY WATER, SEWERAGE AND RECREATIONAL AUTHORITY Enacted 2989 PEARSON, CITY OF Charter amended, election date changed 2528 PEEPLES, RICHARD R. Compensation to, authorized 3948 PEEPLES, RUTH H., MRS. Compensation to, authorized 3948 PENDLEY, STEPHEN E. Compensation to, authorized 3748 PERKINS, MARVIN L. Compensation to, authorized 3924 PERMITS Mobile Home, fees changed 575 PERRY, CITY OF Charter amended, majority vote, election by, provided, etc. 2849 Charter amended, woodland lot tax prohibition stricken 2873 Fees, qualifying, increased 2847 Homestead exemptions increased, proposed amendment to the Constitution 1500 Telephone Authority Act 3776 PETROLEUM GAS Tax exemption, certain, provided 55 PETROLEUM PRODUCTS Certain penalties provided 790 PHYSICIANS Certain definitions of, provided, etc. 877 Licenses, certain aliens exempt from examination 226
Page 4252
PICKENS COUNTY District attorney, assistant, compensation provided, etc. 250 PIERCE COUNTY State court, judge, solicitor, compensations changed 3395 PIKE COUNTY Board of commissioners, members, compensation changes, etc. 3462 Superior court, judge, district attorney, salary supplements authorized 3133 Tax commissioners, compensation of, changed 3460 PINEVIEW, TOWN OF Charter amended, street disposals, certain, authorized 3123 PLANNING AND COMMUNITY AFFAIRS, BUREAU OF STATE Functions enlarged, etc. 511 PLANNING AND DEVELOPMENT COMMISSION ACT, METROPOLITAN AREA Amended (1,000,000 or more) 225 PODIATRISTS Redefined 824 POLICE DEPARTMENTS Municipalities, increased pensions provided (300,000 or more) 2882 Municipalities, pensions, service requirements changed, etc. (300,000 or more) 2832 POLITICAL SUBDIVISIONS Certain, governmental facilities authorized (63,000-72,000) 2671 Cooperative educational service agencies, social security collections 808 POND, CATCH OUT License provided, etc. 274 POOLER, TOWN OF Charter amended, corporate limits changed, etc. 3415
Page 4253
PORTERDALE, CITY OF Charter amended, mayor, councilmen, compensation changed 2955 PORTS AUTHORITY, GEORGIA Act amended, membership changed 945 POWELL, SARA A. L., MRS. Compensation to, authorized 3815 POWER OF ATTORNEY Not revoked by incompetency of principal, etc. 493 PRACTICE AND PROCEDURE Certain executions authorized after judgment 693 Criminal law, state may appeal, certain judgments, etc. 297 Eminent domain, special master, continuance provisions changed, etc. 479 General Assembly members, counsel or party in trial court, excused 478 Motor vehicle operators, etc., appeal security, etc. 509 Notice of appeal, jurisdictional statement changed, etc. 303 PRESCRIPTION EYEGLASSES Delivery provided 746 PRESIDENTIAL INAUGURAL BANDS Designated 3 PRESIDENTIAL PREFERENCE PRIMARY LAW Enacted 221 PRISONERS Benefits on release provided, etc. 542 Deadly weapon, possession by, penalized 555 Transfers to federal authorities provided 1297 Work regulations for pay provided, etc. 1299 PRISONS Certain minimum standards provided, etc. 890 PRIVATE DETECTIVES Etc., Agencies Act, enacted 40
Page 4254
PRIVATE SECURITIES AGENCIES ACT Etc., enacted 40 PROPRIETARY SCHOOL ACT, GEORGIA Amended, certain flight schools exempted, etc. 613 PUBLIC ASSISTANCE ACT AMENDED Fraudulently obtaining assistance, penalties provided 183 PUBLIC OFFICIALS Certain, grand jury, ineligible for 726 PUBLIC SAFETY, DEPARTMENT OF Driver's licenses, 4 year, provided, etc. 467 Identification cards authorized, handicapped persons 807 Members, certain, compensation changed 449 PUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM Act amended, early retirement provided, etc. 1197 PUBLIC SERVICE COMMISSION Consideration of service rendered authorized, etc. 677 Fees changed 664 PUBLIC TRANSPORTATION, GEORGIA CODE OF Enacted 947 Amended, leave of certain air rights authorized 1401 PULASKI COUNTY Board of education, number of members provided, etc., referendum 2573 Commissioner, compensation changed 3857 Ordinary, compensation changed, etc. 3535 Sheriff, compensation changed, etc. 3877 Superior court clerk, compensation changed, etc. 3860 Tax commissioner, compensation changed, etc. 3538 PUTNAM COUNTY Tax commissioner, compensation changed, etc. 3438 R RABUN COUNTY Coroner, placed on salary 2704 Sheriff, compensation increased, etc. 2706 Superior court, investigator provided, etc. 837
Page 4255
RADIATION CONTROL ACT, GEORGIA Amended, regulations extended, etc. 920 RAILROADS Certain reflectorized crossbuck signs, required, etc. 97 RANDOLPH COUNTY Deputy sheriff, compensation changed 2987 RAPID TRANSIT AUTHORITY Contracts, certain, public inspection provided 141 Expenditures provided 73 Overview committee created 70 REAL ESTATE BROKERS AND SALESMEN Act amended 100 RECORDING Real estate loans, failure to pay intangible tax, not notice, etc. 271 RECORDS ACT, GEORGIA Amended, certain definitions provided 691 RECIPROCAL AGREEMENTS Motor Vehicles, Governor authorized to negotiate certain 559 REDDING, EUGENE Compensation to, authorized 3826 REGISTERED PROFESSIONAL SANITARIANS, ACT AMENDED Board of, terms of office provided, etc. 554 REHABILITATION CENTERS, COMMUNITY Provided 579 , 581 RELOCATION ASSISTANCE AND LAND ACQUISITION POLICY ACT OF 1973, GEORGIA Enacted 512
Page 4256
RETIREMENT Employees, certain separate records authorized 706 Employees system, pension and annuity reserve funds, requirements for eliminated, etc. 900 Employees, messengers and doorkeepers 95 Employees', prior federal service credits, retention of 1410 Firemen's Pension Fund Act amended 186 Municipalities, benefits increased, proposed amendment to the Constitution (300,000 or more) 1493 Municipalities, certain, general employees, benefits increased 2885 Municipalities, general employees, service requirements changed (300,000 or more) 2841 Municipalities, fire departments, increased benefits provided (300,000 or more) 2880 Municipalities, fire department, service requirements changed (300,000 or more) 2837 Municipalities, police departments, service requirements changed (300,000 or more) 2832 Municipalities, length of service provisions changed, etc. (300,000 or more) 3768 Peace officers' annuity and benefits fund amended 57 , 63 Police departments, increased benefits provided (300,000 or more) 2882 Public School Employees, early retirement provided, etc. 1197 Sheriffs, certain age reductions, etc. 892 Sheriffs', increased benefits provided, etc. 1414 Tax commissioners, etc., provisions changed 880 Teachers, disability retirement provisions changed, etc. 905 Teachers, exemption from executions provided 896 Teachers, leave of absence provisions changed, etc. 903 Teachers', minimum benefits provided 895 REVENUE Airports, unlawful to tax traveling persons, etc. 483 Banks, certain federal and national institutions, taxed as State banks, etc. 924 Certain exemption act amended, cattle production defined 934 Grants to counties for roads, provided ad valorem tax credit provided, etc. 475 Income tax, net income meaning conformed to federal code, date changed 567 Income tax, quarterly return date changed 227 Intangible tax, real estate loans; failure to pay, recording not legal notice 271 Malt beverages, excise tax, imposition by municipalities, counties, etc. 328 Motor vehicle tagscertain refunds provided, etc. 507 Municipalities, certain, street computations provided, etc. 524 Municipalities, use of county tax assessments, exemptions (15,000 or more in counties of 59,000-60,000) 913
Page 4257
Nonprofit Hospitals, ad valorem tax exemption provided 19 Petroleum gas, certain compressed, exemption provided 55 Sales and Use Tax, art, certain objects of, etc., exempt 276 Tax Information, made available for data processing employees 568 REVENUE BOND LAW AMENDED Certain definition expanded 589 RICHMOND COUNTY Animal control, penalty provided 3197 (Augusta); board of tax assessors, compensation changes 3059 (Augusta), coliseum authority created 3042 Board of education, attorney authorized 3308 Civil court, contempt penalty changed, etc. 2744 Officials, elected, employees eligible for merit system status 3199 Tax Assessors, Board of, created 2812 RIDDLEVILLE, TOWN OF Charter amended, certain terms of office changed, etc. 3107 RINGGOLD, CITY OF Charter amended, corporate limits changed 3276 RIVER PROTECTION ACT, METROPOLITAN Enacted (1,000,000 or more) 128 RIVERDALE, CITY OF Charter amended, ad valorem taxation provisions changed 3642 RIVERSIDE, TOWN OF Ad valorem tax increased 2926 ROADS Not officially opened, driving on prohibited 452 Signs, defacing, etc., penalty provided 452 ROCKDALE COUNTY Commissioner, salary changed 2043 Coroner, salary changed 2055 Ordinary, salary changed, etc. 2053 Public defender, salary changed, etc. 2072 Sheriff, salary changed, etc. 2045 Superior court clerk, report, etc. 2048
Page 4258
Superior court reporter, salary changed 247 Superior court reporters, additional, authorized 249 Tax commissioner, salary charged, etc. 2051 ROME, CITY OF See also tabular index-Municipalities, Home Rule, Amendments. Charter amended, corporate limits changed 3381 ROSSVILLE, CITY OF Charter amended, councilmen, number changed 3033 ROSWELL, CITY OF Charter amended, corporate limits changed 3407 RURAL TELEPHONE COOPERATIVE ACT Amended, certain powers in certain cities granted (14,310-15,140) 229 RUTLEDGE CHEVROLET COMPANY Compensation to, authorized 3771 S SALES Auction, personal property, regulation of, etc. 494 Household goods, warehousemen's liens on, effectiveness, etc. 437 Hot water tanks, automatic relief valves required, etc. 503 SANITARIANS, REGISTERED PROFESSIONAL, ACT AMENDED Board of, terms of office provided, etc. 554 SARDIS, CITY OF Charter amended, corporate limits changed 3131 SAVANNAH BEACH, CITY OF Charter amended, corporate limits changed, etc., referendum 3693 SAVANNAH-CHATHAM COUNTY Government, provisions changed 2268
Page 4259
SAVANNAH, CITY OF See also tabular index-Municipalities, Home Rule, Amendments. SAVANNAH RIVER PIPELAND CORPORATION Easement conveyance to, authorized 1408 SCHOOL DISTRICTS Investments, additional, provided 1192 SCHOOLS Children, abuse of, reports permitted 309 Driver training, examination requirements, instructors 259 Flight, certain, exempted from proprietary school act, etc. 613 Immunizations, children, time provisions changed, etc. 910 Liability insurance for certain officials authorized, etc. 1267 Loitering prohibited, etc. 719 Superintendents, bonds 577 Teachers, rehiring provisions provided, etc. 907 Vocational, certain fund provisions changed 894 SEA OATS Harvesting prohibited 727 SECURITIES Private, etc., regulated 40 SECURITIES ACT OF 1973, GEORGIA Enacted 1202 SECURITIES DEPOSITORY Fiduciaries may deposit in, etc. 714 SESSIONS COMPANY, INC. Compensation to, authorized 3859 SHELLMAN, CITY OF See also tabular index-Municipalities, Home Rule, Amendments. SHERIFFS Certain, compensation provided (500,000 or more) 2461 Compensation for, provided (5,750-5,800) 2307 Retirement fund act, amended, certain age reductions, etc. 892
Page 4260
SHERIFFS' BOYS' RANCH ROAD Designated 3863 SHERIFFS' RETIREMENT FUND Increased benefits provided, etc. 1414 SIGNS Road, defacing, etc., prohibited 452 Directional, certain erections authorized 690 SMALL CLAIMS COURTS Jurisdiction changed (12,800-12,950) 2635 Jurisdiction changed, etc. (34,500-39,500) 2750 SMITH, E. MITCHELL Compensation to, authorized 3852 SMYRNA, CITY OF Charter amended, corporate limits changed 3354 , 3358 SNELLVILLE, CITY OF Name change made 3436 SOIL AND WATER CONSERVATION DISTRICTS ACT Amended, advisory committee composition changed 929 Amended, employees subject to merit system, etc. 908 SOLID WASTE MANAGEMENT ACT Amended, permits, etc. 1269 SOPERTON, CITY OF City court, judge, salary changed, etc. 2938 SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY Compensation to, authorized 3866 SOUTHERN GROWTH POLICIES AGREEMENT ACT Enacted 622 SOUTHERN NATURAL GAS COMPANY Easement conveyance to, authorized 321
Page 4261
SPALDING COUNTY Superior court, judge, district attorney, salary supplements authorized 3133 SPARKS, TOWN OF Charter amended, mayor, term changed, etc. 3369 SPECIAL ELECTIONS Time for provided 174 STARNES, DICKIE, MEMORIAL, INC. Lease of land to, authorized 232 STATE BALLET COMPANY Designated 68 STATE BOARD OF EDUCATION Federal and State Governments, study of, provided, etc. 191 STATE BOARD OF NURSING HOMES ACT Amended 284 STATE BOARD OF PARDONS AND PAROLES ACT Amended, certain powers granted, etc. 1294 Membership increased 157 STATE COMMISSION ON COMPENSATION Salaries, certain, increased 701 STATE COURT OF CLAIMS Created, proposed amendment to the Constitution 1489 STATE COURTS Judges, included in retirement laws (145,000-165,000) 2717 Judges emeritus, effect of social security payments, etc. provided (150,000-165,000) 2733 STATE DEPARTMENTS, ETC. Travel Expenses, employee trust accounts provided, etc. 842 STATE DEPOSITORIES BOARD State Treasurer replaced, etc. 149
Page 4262
STATE EMPLOYEES Health insurance, participation increased, etc. 332 Offender Rehabilitation Employees, group liability insurance provided 1296 Pension and annuity fund, reserve eliminated, etc. 900 Soil and water conservation, subject to merit system, etc. 908 Suggestion and awards board act amended, program redefined, etc. 794 Tax Commissioners; retirement provision changed, etc. 880 Tax information, availability for data processing employees 568 Transfer, certain reimbursement for expenses of, provided 708 Travel trust expenses accounts provided, etc. 842 STATE EXAMINING BOARDS Licenses, determination of expiration date provided, etc. 1481 STATE FINANCING AND INVESTMENT COMMISSION ACT Enacted 750 STATE PROPERTIES CODE Enacted 857 STATE REVENUE DEPARTMENT Tax information, made available for data processing employees 568 STATE TRANSPORTATION BOARD Members, resignations from prior positions, etc. 661 STATE TREASURER Replaced as member of State Depositories Board 149 STATEMENT Unsworn, law abolished 292 STEPHENS COUNTY Coroner placed on salary 2875 Land conveyance authorized 17 Ordinary's clerk, salary changed 2099 Sheriff's deputies, salaries changed, etc. 2097 Superior court clerk's personnel, compensation changes 2095 Superior court, investigator provided, etc. 837
Page 4263
STEWART COUNTY Sheriff's office, operating expenses changed, etc. 2930 STATE GOVERNMENT Study of provided in schools, etc. 191 STOCK AND MUTUAL INSURERS Perpetual charter duration provided 185 STOCKBRIDGE, CITY OF Charter amended, taxation provisions changed 3527 STONE FORT LAND COMPANY Land conveyance authorized 21 STONE MOUNTAIN JUDICIAL CIRCUIT Court reporter, salary changed 247 Court reporters, additional, authorized 249 DeKalb County, superior court terms changed 317 SUMMERVILLE, CITY OF Charter amended 2311 SUMTER COUNTY Board of education reconstituted, etc., referendum 2127 Courthouse bell, plaque procurement authorized 3955 Ordinary, compensation changed 2352 State Court, compensation of judge changed, etc. 2349 Treasurer, compensation changed 2354 SUPERIOR COURTS Bail, certain offenses, provided 454 Bail, misdemeanors, not refused during appeal 454 Clerks, minimum salaries provided, etc. 256 Judges emeritus, certain compensation and expenses provided, etc. 911 Judges emeritus, widows, provisions changed 785 Juvenile Court Code amended, certain concurrent jurisdiction, etc. 882 SURETIES, CORPORATE Damages and attorney's fees, liability for, etc. 825
Page 4264
SURPLUS LINES BROKERS Examination provided, etc. 499 SURVEYORS, COUNTY Substitutes designated 639 SYLVESTER, CITY OF Charter amended, elections, majority vote required 3352 T TALBOT COUNTY Sheriff, expense allowance changed 3166 Tax Commissioner, compensation changed 3164 TANKS, HOT WATER Sales, automatic relief valves required, etc. 503 TATTNALL COUNTY Board of commissioners, chairman, compensation changed, etc. 2957 Board of education, chairman, members, compensation changes 2960 Sheriff, compensation changed, etc. 2962 Superior court clerk, compensation changed, etc. 2964 TAX ASSESSORS, COUNTY BOARD OF Appeals, certain, provided 709 TAX COMMISSIONERS Compensation of, certain, act repealed 2645 Etc., retirement provisions changed for 880 License and tags, certain retention by, authorized (10,000-10,200) 2624 TAX INFORMATION Made available for data processing employees 568 TAYLOR COUNTY Board of commissioners, compensation changed 3926 Ordinary, compensation changed 3928 Sheriff, compensation changed, etc. 3576 Superior court, clerk, compensation changed 3629 Tax commissioner, compensation changed, etc. 3621
Page 4265
TEACHERS Rehiring procedures provided, etc. 907 TEACHERS' RETIREMENT SYSTEM Creditable service time reduced 784 Disability retirement provisions changed, etc. 905 Exemption from executions provided 896 Leave of absence provisions changed, etc. 903 Minimum benefits provided 895 TELECOMMUNICATIONS CONSOLIDATION ACT OF 1973 Enacted 1261 TELEPHONES, RURAL, COOPERATIVE ACT Amended, certain powers in certain cities granted (14,310-15,140) 229 TERRITORIAL ELECTRIC SERVICE ACT, GEORGIA Enacted 200 THOMASTON, CITY OF Charter amended, corporate limits extended, etc. 3279 THOMASVILLE, CITY OF Board of Education, members, election of, etc. 2753 THOMBLEY, NEWELL N. Compensation to, authorized 3938 THOMSON, CITY OF New Charter 2132 TICKETS Hockey games, certain activity prohibited 96 TIFT COUNTY Board of commissioners, certain contingent expense allowance provided 2568 Board of Commissioners, chairman, compensation changed 2408 Tax commissioner, compensation changed 2410
Page 4266
TIFTON, CITY OF Charter amended, offices of mayor and vice mayor renamed, etc. 2557 TIMBER, TREATED, PRODUCTS ACT OF 1973, GEORGIA Enacted 1418 TOCCOA, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. Charter amended, corporate limits changed 2969 Charter amended, mayor, compensation provided, etc. 3169 TOOMBS COUNTY Board of education, election provided, etc. 3022 State court, judge, solicitor, salaries changed 3019 TORTS Damages, personal and property, distinct causes of action provided 295 Widow may release tortfeasor, etc. 488 TOWNS COUNTY Superior court, investigator provided, etc. 837 TRADE NAMES Limited Partnership not required to register 480 TRANSPORTATION, DEPARTMENT OF Grant programs, administration authorized, etc. 720 Harbor clearing, certain financial support authorized, etc. 1407 Personnel employment, authorized, etc. 1405 Signs, directional, certain erections authorized 690 TRANSPORTATION, PUBLIC, GEORGIA CODE OF Enacted 947 Amended, lease of certain air rights authorized 1401 TREASURER, STATE Replaced as member of State Depositories Board, etc. 149 TREASURERS, COUNTY Compensation of, certain, act repealed 2645
Page 4267
TREUTLEN COUNTY Ordinary, salary provided 2940 Sheriff, compensation changed, etc. 2942 TRIAL JUDGES AND SOLICITORS RETIREMENT FUND ACT AMENDED Inferior court, certain, excluded 788 TRIALS Peace officers, not required to reveal home addresses, etc. 547 TRUST COMPANIES Fiduciary, certain limited capacity authorized, etc. 525 TRUSTEES Compensation for certain services provided, etc. 547 Investments, certain definitions expanded 718 TRUSTS Certain executory trust irrevocable, etc. 844 Fiduciary bonds, not to include real estate, etc. 1191 Investments, authorized, changed 574 Trustees, procedure for resigning provided, etc. 939 TUCKER, JAMES Compensation to, authorized 3775 TWIN LAKES, CITY OF New charter, referendum 3837 U UNEMPLOYMENT COMPENSATION LAW Definitions changed, etc. 729 UNIFIED JUDICIAL SYSTEM Created, proposed amended to the Constitution 1486 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Cities may adopt, etc. 98 Lights on vehicles required when raining 434
Page 4268
Motorized carts authorized on certain streets, etc. 598 Red lights, certain right turns authorized, etc. 474 Uniform accident reports provided, etc. 443 UNIFORM COMMERCIAL CODE Clearing corporation redefined 689 UNIFORM STANDARDS CODE FOR MOBILE HOMES Enacted 4 UNINSURED MOTORISTS Subsection redesignated, etc. 487 UNION COUNTY Superior court, investigator provided, etc. 837 UPSON COUNTY Superior court, judge, district attorney, salary supplements authorized 3133 V VALDOSTA, CITY OF Charter amended, corporate limits changed, etc. 3242 VEHICLES Impoundment of, act amended (400,000 or more) 2622 Licenses and tags, certain retention by tax commissioners authorized (10,000-10,200) 2624 VETERANS Hunting licenses, permanent honorary, certain disabled, provided 1265 VETERINARY PRACTICE ACT Amended 260 VITAL AREAS ACT OF 1973 Enacted 935 VOLUNTEER FIREMEN Revolving red lights authorized 583
Page 4269
VOTERS LIST Jurors, selection from 484 Municipalities required to use county list, etc. 277 W W. A. (AT) NAIL BRIDGE Designated 3832 WALKER COUNTY Ordinary's office, personnel, compensation changed 2669 State court, judge, solicitor, compensation changed, etc. 3030 WALNUTGROVE-YOUTH WATER AUTHORITY ACT Amended, error corrected 2967 WALTON COUNTY Superior court reporters, employment of 520 WARE COUNTY Superior court clerk, compensation changed 3965 WAREHOUSEMEN'S LIENS Household goods, effectiveness, etc. 437 WARNER ROBINS, CITY OF Charter amended, certain refunding of bonds authorized 3673 Charter amended, corporate limits changed 3930 WASHINGTON COUNTY Sheriff, compensation changed, etc. 2639 Small claims court created 2061 State court, judge, solicitor, salaries changed 2636 Superior court clerk, compensation changed 2642 WASTE, SOLID, MANAGEMENT ACT Amended, permits, etc. 1269 WATER HEATERS Installation of, certain exemption provided 561
Page 4270
WATER Quality Control Act amended, sewage discharge permits, revocation of, etc. 1288 Supplies, certain, fluoridation required 148 Supply Quality Control Act amended, rules and regulations provided, etc. 1289 WATER RECREATION ACT OF 1973 Enacted 1449 WATER SUPPLY QUALITY CONTROL Act Amended, rules and regulations, provided, etc. 1289 WATKINSVILLE, TOWN OF Charter amended, election provisions changed, etc. 2742 WAYCROSS, CITY OF Charter amended, certain effective date changed 3216 WAYNE COUNTY Board of commissioners, compensations changed 3682 WEBSTER COUNTY Commissioner, compensation changed, etc. 2653 Ordinary, placed on salary 2650 Tax Commissioner, compensation changed 2649 Treasurer, compensation changed 2647 WHEELER COUNTY Commissioner, county clerk, provisions changed 2617 Ordinary, clerk for, provided 2619 Sheriff, compensation changed, etc. 2328 Superior court clerk, secretary provided 2937 Tax commissioner, clerk for, provided, etc. 3017 Treasurer, compensation changed 2631 WHITE COUNTY Water and sewerage authority act 3752 WHITE PLAINS, CITY OF Charter amended, corporate limits changed 3105 WHITFIELD COUNTY Gordon, Murray, Counties, Industrial City, created 2418
Page 4271
WILCOX COUNTY Superior court, reporter's salary changed, etc. 602 Superior court terms changed 601 WILD FLOWER PRESERVATION ACT OF 1973 Enacted 333 WILDLIFE, ENDANGERED, ACT OF 1973 Enacted 932 WILKES COUNTY Superior court clerk, salary changed 2025 WILLIAMS, E. W. Compensation to, authorized 3920 WILLIAMSON, TOWN OF Charter amended, mayor, councilmen, compensation provided 3515 WILLS Certain fiduciary powers, incorporation by reference provided 846 Executors, trustees, compensation for certain services provided, etc. 547 Fiduciary accountings, voucher provisions, etc. 830 Fiduciary bonds, not to include real estate, etc. 1191 Nonresident executors, certain, bond, relieved of 481 WINES Certain head of household production authorized, etc. 931 WINTERVILLE, CITY OF Charter amended, police court, presiding officer provided, etc. 2597 WORKMEN'S COMPENSATION ACT Amended 232 WRIGHTSVILLE, CITY OF Charter amended, mayor's court, fines increased, etc. 3139
Page 4272
Z ZONING Certain municipalities, rezoning restrictions on annexed property provided (18,100-18,250) 2094 ZONING MAPS Streets, etc., extension of time for acquiring streets provided, etc., certain counties and cities therein 2629
Page 4273
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 13,743 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 187,816 188,299 151,481 117,970 105,431 100,032 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 32,298 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 6,424 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 11,394 11,715 13,221 15,145 14,997 15,291 Terrell 11,416 12,742 14,314 16,675 18,290 19,601 Thomas 34,562 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 4,589,981 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832
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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 Clinch 6,405 Candler 6,412 Miller 6,424 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 11,394 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 13,743 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 32,298 Coweta 32,310 Bartow 32,663 Laurens 32,738 Ware 33,525 Baldwin 34,240 Thomas 34,562 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 187,816 Cobb 196,793 DeKalb 415,387 Fulton 607,592 Total 4,589,981
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GEORGIA STATE SENATE COUNTY Senatorial District Applying 4, 7 Atkinson 7 Bacon 7 Baker 10 Baldwin 25 Banks 47 Barrow 45, 48 Bartow 31, 52 Ben Hill 13 Berrien 8 Bibb 26, 27 Bleckley 19 Brantley 6 Brooks 9, 10 Bryan 3 Bulloch 4 Burke 21 Butts 17 Calhoun 11 Camden 6 Candler 4 Carroll 30 Catoosa 54 Charlton 7 Chatham 1, 2, 3 Chat'h'hee 11 Chattooga 53 Cherokee 51 Clarke 46 Clay 11 Clayton 28, 44 Clinch 7 Cobb 32, 33, 56 Coffee 8, 19 Colquitt 9 Columbia 24 Cook 8 Coweta 28, 30 Crawford 17 Crisp 13 Dade 53 Dawson 50 Decatur 10 DeKalb 5, 41-43, 55 Dodge 19 Dooly 13 Dougherty 12, 14 Douglas 30, 31 Early 11 Echols 7 Effingham 3 Elbert 47 Emanuel 21 Evans 4 Fannin 50 Fayette 28, 34 Floyd 52 Forsyth 49, 51 Franklin 47 Fulton 34-40, 56 Gilmer 50 Glascock 21 Glynn 3, 6 Gordon 51 Grady 10 Greene 24 Gwinnett 48 Hab'rsham 50 Hall 49 Hancock 25 Haralson 31 Harris 29 Hart 47 Heard 29 Henry 17, 28 Houston 18 Irwin 13 Jackson 46, 49 Jasper 25 Jeff Davis 19 Jefferson 21 Jenkins 21 Johnson 20 Jones 25 Lamar 17 Lanier 7 Laurens 20 Lee 14 Liberty 3 Lincoln 24 Long 3, 6 Lowndes 8 Lumpkin 50 Macon 14, 18 Madison 24, 47 Marion 14 McDuffie 24 McIntosh 3 Meriweth'r 29 Miller 11 Mitchell 9 Monroe 27 Montg'ry 20 Morgan 25, 45 Murray 54 Muscogee 15, 16 Newton 45 Oconee 46 Oglethorpe 24 Paulding 31, 56 Peach 18 Pickens 51 Pierce 7 Pike 17 Polk 31 Pulaski 19 Putnam 25 Quitman 11 Rabun 50 Randolph 11 Richmond 22, 23 Rockdale 45 Schley 14 Screven 4 Seminole 11 Spalding 28 Stephens 47 Stewart 11 Sumter 14 Talbot 17 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 9, 13 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 26 Union 50 Upson 17 Walker 53 Walton 45 Ware 7 Warren 21, 24 Wash'ton 20, 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51, 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13
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SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1973-1974 Name District Post Office Ballard, W. D. Don 45th 405 Haygood St., Oxford 30267 Barker, Ed 18th P. O. Drawer KK 1113 Watson Blvd., Warner Robins 31093 Bell, Robert H. Bob 5th 2535 Henderson Mill Rd., N.E. Atlanta 30319 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 Cleland, Max 55th 421 State Capitol Bldg. Atlanta 30334 Coggin, Frank E. 35th 1001 International Blvd. Hapeville 30354 Coverdell, Paul D. 40th Suite 607, 1447 Peachtree St., N.E. Atlanta 30309 Cox, Jay Carroll 21st P. O. Box 633 (Office) Swainsboro 30401 P. O. Box 37, Twin City 30471 (Res.) Dean, Roscoe E., Jr. 6th 612 Cherry Street Jesup 31545 Doss, Sam W., Jr. 52nd P. O. Box 431 Rome 30161 Duncan, J. Ebb 30th P. O. Box 26 Carrollton 30117 Eldridge, Frank, Jr. 7th P. O. Box 1141 Waycross 31501 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 P. O. Box 148 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 1507 Thomasville 31792 Hill, Render 29th P. O. Box 246 Greenville 30222 Holley, R. Eugene 22nd 206 Seventh St. Augusta 30902 Holloway, A. W. (Al) 12th P. O. Box 588 Albany 31702 Howard, Pierre, Jr. 42nd 600 First Nat. Bank Bldg. Decatur 30030 Hudgins, Floyd 15th 3034 Emory St. Columbus 31903 Jackson, Harry C. 16th P. O. Box 2547 Columbus 31902 Johnson, Leroy 38th 1014 Gordon Street, S.W. Atlanta 30310 Kennedy, Joseph E. 4th P. O. Box 246 Claxton 30417 Kidd, Culver 25th 146 N. Wayne St. Milledgeville 31061 Langford, J. Beverly 51st P. O. Box 207 Calhoun 30701 Lester, James L. 23rd First Federal Savings Bldg. 985 Broad Street Augusta 30902 London, Maylon K. 50th P. O. Box 325 Cleveland 30528 McDuffie, E. M. Pete 19th Route 6 Eastman 31023 McGill, Sam P. 24th Washington 30673 Moore, Tom 56th 200 River North Drive, N.W. Atlanta 30328 Overby, Howard T. 49th P.O. Box 636 Gainesville 30501 Parker, James I. 31st P.O. Box 1018 Cedartown 30125 Reynolds, Steve 48th 297 Craig Dr. Lawrenceville 30245 Riley, John R. 1st P.O. Box 9641 Savannah 31402 Rowan, Robert A. (Bobby) 8th Enigma 31749 Salter, Bethel 17th 310 Oglethorpe Way Thomaston 30286 Skene, George N. 27th 620 Georgia Power Building Macon 31201 Smalley, Robert H., Jr. 28th P.O. Box 198 Griffin 30223 Smith, W. Armstrong 34th 1405 DeLowe Drive, S.W. Atlanta 30311 Starr, Terrell 44th 4766 Tanglewood Lane Forest Park 30050 Stephens, Jack L. 36th 2484 Macon Dr., S. E. Atlanta 30315 Summers, E. G. 53rd P.O. Box 499 LaFayette 30728 Sutton, Franklin 9th Route 1 Norman Park 31771 Thompson, Joe 32nd P.O. Box 1045 Smyrna 30080 Tysinger, James W. (Jim) 41st 3781 Watkins Place, N. E. Atlanta 30319 Ward, Horace T. 39th 859 Hunter St., N.W. Atlanta 30314 Warren, George T., II 43rd 3762 Tree Bark Trail Decatur 30034 Wasden, Wiley A., Jr. 2nd 206 Factors Walk Savannah 31401 Webb, Julian 11th P.O. Box 277 Donalsonville 31745 Young, Martin 13th P.O. Box 68 Rebecca 31783 Zipperer, Edward H. (Ed) 3rd Route 4, Box 475 Little Neck Farms Savannah 31405
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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER AND POST OFFICES FOR THE TERM 1973-1974 District Name Address 1 Riley, John R. P.O. Box 9641, Savannah 31402 2 Wasden, Wiley A., Jr. 206 Factors Walk, Savannah 31401 3 Zipperer, Edward H. (Ed) Route 4, Box 475, Little Neck Farms, Savannah 31405 4 Kennedy, Joseph E. P. O. Box 246, Claxton 30417 5 Bell, Robert H. Bob 2535 Henderson Mill Rd., N.E., Atlanta 30319 6 Dean, Roscoe E., Jr. 612 Cherry Street, Jesup 31545 7 Eldridge, Frank, Jr. P. O. Box 1141, Waycross 31501 8 Rowan, Robert A. (Bobby) Enigma 31749 9 Sutton, Franklin Route 1, Norman Park 31771 10 Herndon, Michael N. P. O. Box 1507, 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 P. O. Box 68, Rebecca 31783 14 Carter, Hugh A. P. O. Box 97, Plains 31780 15 Hudgins, Floyd 3034 Emory Street, Columbus 31903 16 Jackson, Harry C. P. O. Box 2547, Columbus 31902 17 Salter, Bethel 310 Oglethorpe Way, Thomaston 30286 18 Barker, Ed P. O. Drawer KK, 1113 Watson Blvd., Warner Robins 31093 19 McDuffie, E. M. Pete Route 6, Eastman 31023 20 Gillis, Hugh M., Sr. P. O. Box 148, Soperton 30457 21 Cox, Jay Carroll P. O. Box 37 (Residence), Twin City 30471 22 Holley, R. Eugene 206 Seventh Street, Augusta 30902 23 Lester, James L. First Federal Savings Bldg., 985 Broad Street, Augusta 30902 24 McGill, Sam P. Washington 30673 25 Kidd, Culver 146 N. Wayne Street, Milledgeville 31061 26 Hamilton, Bert 464 West Buford Rd., Macon 31204 27 Skene, George N. 620 Georgia Power Bulding, Macon 31201 28 Smalley, Robert H., Jr. P. O. Box 198, Griffin 30223 29 Hill, Render P. O. Box 246, Greenville 30222 30 Duncan, J. Ebb P. O. Box 26, Carrollton 30117 31 Parker, James I. P. O. Box 1018, Cedartown 30125 32 Thompson, Joe P. O. Box 1045, Smyrna 30080 33 Henderson, Dr. J. H. (Jack) 1290 Gresham Rd., Marietta 30060 34 Smith, W. Armstrong 1405 DeLowe Dr., S. W., Atlanta 30311 35 Coggin, Frank E. 1001 International Blvd., Hapeville 30354 36 Stephens, Jack L. 2484 Macon Dr., S.E., Atlanta 30315 37 Garrard, Ed 956 Plymouth Rd., N.E., Atlanta 30306 38 Johnson, Leroy 1014 Gordon St., S.W., Atlanta 30310 39 Ward, Horace T. 859 Hunter St., N.W., Atlanta 30314 40 Coverdell, Paul D. Suite 607, 1447 Peachtree St., N.E., Atlanta 30309 41 Tysinger, James W. (Jim) 3781 Watkins Pl., N.E., Atlanta 30319 42 Howard, Pierre, Jr. 600 First Nat. Bank Bldg., Decatur 30030 43 Warren, George T., II 3762 Tree Bark Trail, Decatur 30034 44 Starr, Terrell 4766 Tanglewood Lane, Forest Park 30050 45 Ballard, W. D. (Don) 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 297 Craig Dr., Lawrenceville 30245 49 Overby, Howard T. P. O. Box 636, Gainesville 30501 50 London, Maylon K. P. O. Box 325, Cleveland 30528 51 Langford, J. Beverly P. O. Box 207, Calhoun 30701 52 Doss, Sam W., Jr. P. O. Box 431, Rome 30161 53 Summers, E. G. P. O. Box 499, LaFayette 30728 54 Fincher, W. W. (Bill), Jr. P. O. Box 149, Chatsworth 30705 55 Cleland, Max 421 State Capitol Bldg., Atlanta 30334 56 Moore, Tom 200 River North Dr., N.W., Atlanta 30328
Page 4285
HOUSE OF REPRESENTATIVES County House District Appling 116 Atkinson 125 Bacon 127 Baker 114 Baldwin 93,94 Banks 10,12 Barrow 12,61,62 Bartow 7,8 Ben Hill 115 Berrien 123 Bibb 89 Bleckley 102 Brantley 116,127 Brooks 124 Bryan 92 Bulloch 76 Burke 76,77 Butts 69,74 Calhoun 113,114,118 Camden 127 Candler 92 Carroll 64 Catoosa 2,3 Charlton 126 Chatham 105-112 Chattahoochee 95,96 Chattooga 5 Cherokee 8 Clarke 62 Clay 113 Clayton 68 Clinch 125 Cobb 19,20,21 Coffee 115,127 Colquitt 122 Columbia 73 Cook 123 Coweta 65,67 Crawford 88 Crisp 115 Dade 1,5 Dawson 8 Decatur 119 DeKalb 44-58 Dodge 102 Dooly 115 Dougherty 114 Douglas 63,64 Early 118 Echols 124 Effingham 112 Elbert 13 Emanuel 91,92 Evans 92 Fannin 4 Fayette 67,68 Floyd 14,15,16 Forsyth 9 Franklin 13 Fulton 22-43 Gilmer 3,4,8 Glascock 90 Glynn 128 Gordon 7 Grady 119,120 Greene 13,97 Gwinnett 59,60,61 Habersham 10,11 Hall 9 Hancock 97 Haralson 18 Harris 84 Hart 13 Heard 64,65 Henry 69 Houston 98,99,100 Irwin 115 Jackson 12 Jasper 75,97 Jeff Davis 116 Jefferson 77 Jenkins 91 Johnson 90,91 Jones 75 Lamar 74 Lanier 124 Laurens 102 Lee 114 Liberty 117 Lincoln 72 Long 104,117 Lowndes 124 Lumpkin 4 Macon 88,100 Madison 13 Marion 95 McDuffie 73,77 McIntosh 117 Meriwether 65,66 Miller 118 Mitchell 122 Monroe 75 Montgomery 103 Morgan 71,97 Murray 3 Muscogee 84-87 Newton 69,70 Oconee 13,62 Oglethorpe 13 Paulding 18,19,21 Peach 88,98 Pickens 8 Pierce 116,127 Pike 74 Polk 16,17 Pulaski 102 Putnam 94 Quitman 96 Rabun 4 Randolph 113 Richmond 77-83 Rockdale 57 Schley 100 Screven 76 Seminole 118,119 Spalding 67 Stephens 10 Stewart 96 Sumter 96,101 Talbot 66 Taliaferro 72 Tattnall 92,104 Taylor 95 Telfair 102,116 Terrell 113 Thomas 120,121 Tift 123 Toombs 103,104 Towns 4 Treutlen 103 Troup 65 Turner 115 Twiggs 89 Union 4 Upson 74 Walker 1,5,6 Walton 71 Ware 125,126 Warren 72,77 Washington 90 Wayne 116 Webster 96 Wheeler 103 White 4,11 Whitfield 3,6 Wilcox 102 Wilkes 72 Wilkinson 93 Worth 115
Page 4287
MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1973-1974 Name District Post Office Adams, G. D. 36 532 St. Johns Ave., S.W., Atlanta 30315 Adams, J. Hoyt 84 Box 138, Upatoi 31829 Adams, John 14 7 East Creekview Dr., Rome 30161 Adams, Marvin 74-Post 1 939 N. Bethel St., Thomaston 30286 Alexander, William H. 38 Citizens Trust Co. Bank Bldg., Atlanta 30303 Alexander, W. M. (Bill) 39 1443 Pollard Dr., S.W., Atlanta 30311 Allen, Sam D. 108 P. O. Box 6706 Savannah 31405 Atherton, Howard 19-Post 3 848 Greymont Rd., Marietta 30060 Bailey, Frank I., Jr. 68-Post 2 6524 Hayes Dr., Riverdale 30274 Beckham, Robert C. (Bob) 82 P. O. Box 1532 Augusta 30903 Bennett, Jim T., Jr. 124-Post 3 1 Smithbriar Dr., Valdosta 31601 Berlin, Robert A., Bob 89-Post 6 Suite 517, First Natl. Bank Bldg., Macon 31201 Berry, C. Ed 86-Post 1 2516 Harding Dr. Columbus 31906 Blackshear, Rev. Jesse 106 P. O. Box 9182 Savannah 31402 Bohannon, J. E. 64-Post 2 P. O. Box 531 Carrollton 30117 Bond, Julian 32 361 West View Dr., S. W. Atlanta 30310 Bostick, Henry 123-Post 2 231 Tift Ave., Tifton 31794 Brantley, Haskew H., Jr. 22 6114 Riverside Dr., N. W., Atlanta 30328 Brantley, Hines L. 92 South Broad St., Metter 30439 Bray, Claude A., Jr. 66 105 Broad St., Manchester 31816 Brown, Ben 34 Suite 1838, 100 Peachtree St., N. W., Atlanta 30303 Brown, Clayton, Jr. 67-Post 2 550 South Hill St., Griffin 30223 Brown, S. Phillip 89-Post 2 P. O. Box 4348 Macon 31208 Buck, Thomas B., III 87-Post 1 P. O. Box 196 Columbus 31902 Burruss, A. L. (Al) 21-Post 2 P. O. Box 6338A, Marietta 30062 Burton, Joe 47 2598 Woodwardia Rd., N.E., Atlanta 30345 Busbee, George D. 114-Post 1 P. O. Box 1954 Albany 31702 Carlisle, John R. 67-Post 1 P. O. Box 286, Griffin 30223 Carr, Tom C. 90 North Smith St., Sandersville 31082 Carrell, Bobby 71 111 Hillside Dr., Monroe 30655 Castleberry, Don 96 P. O. Box 377 Richland 31825 Chance, George A., Jr. 112 P. O. Box 373 Springfield 31329 Clark, Betty J. 55 2293 Cresta Dr., Decatur 30032 Cole, Jack H. 6-Post 1 P. O. Box 626, Dalton 30720 Coleman, Terry L. 102-Post 1 Clements St., Eastman 31023 Collins, Marcus E. 122-Post 2 Rt. 1, Pelham 31779 Collins, Stanley N., Jr. 45 1727 W. Nancy Creek Dr., N.E. Atlanta 30319 Colwell, Carlton H. 4-Post 1 P. O. Box 6, Blairsville 30512 Coney, Dekle 89-Post 4 P. O. Box 4846 Macon 31208 Connell, Jack 80 P. O. Box 308 Augusta 30903 Daugherty, J. C. 33 202 Daugherty Bldg., 15 Chestnut St., S.W., Atlanta 30314 Davis, Earl T. 85-Post 1 2321 Carson Dr., Columbus 31906 Davis, Walt 56-Post 1 3782 Snapfinger Rd., Lithonia 30058 Dean, Gibson II 60 Main St., Buford 30518 Dean, James E. 54 17 East Lake Dr., N.E., Atlanta 30317 Dean, Nathan D. 17 340 Wingfoot St., Rockmart 30153 Dent, R. A. 78 1120 Pine St., Augusta 30901 Dickey, W. M. Dick 89-Post 5 4930 Guerry Dr., Macon 31204 Dixon, Harry D. 126 1303 Coral Rd., Waycross 31501 Dollar, James (Jim) 63 P. O. Box 278 6508 Spring St., Douglasville 30134 Dorminy, A. B. C. (Brad), Jr. 115-Post 1 701 W. Central Ave., Fitzgerald 31750 Duke, Wm. Travis 20-Post 1 Mailing: Suite 308, 1819 Peachtree St., N.E., Atlanta 30309 Home: 5542 Burgess Dr., Mableton 30059 Edwards, Ward 95 P. O. Box 146 Butler 31006 Egan, Michael J. 25 3100 First Natl. Bank Tower, Atlanta 30303 Elliott, Ewell H., (Hank) Jr. 49 Katz, Paller Land 8004 Perimeter Center East Atlanta 30346 Ellis, Morriss W. 107 312 Gordonston Ave., Savannah 31404 Evans, Billy L. 89-Post 3 1844 Flintwood Dr., Macon 31201 Ezzard, Clarence G., Sr. 29 245 Atlanta Ave., S.E., Atlanta 30315 Farrar, Robert H. (Bob) 52 10 N. Clarendon Ave., Avondale Estates 30002 Floyd, James H. Sloppy 5 Box 521, Trion 30753 Floyd, Leon R. 56-Post 2 P. O. Box 32249 Decatur 30032 Foster, R. L. 6-Post 2 Rt., 3, Dalton 30720 Fraser, Donald H. 117 P. O. Box 472 Hinesville 31313 Geisinger, Harry C. 44 5161 Stratham Dr., Dunwoody 30338 Gignilliat, Arthur M. 105 P. O. Box 968, Savannah 31402 Grahl, Daniel K. 88 P. O. Box 591, Fort Valley 31030 Grantham, Simon 127-Post 1 306 E. Ward St., Douglas 31533 Greer, John W. 43-Post 3 802 Healey Bldg., Atlanta 30303 Groover, Denmark, Jr. 75 P. O. Box 162 Gray 31032 Hamilton, Mrs. Grace T. 31 582 University Pl., N.W., Atlanta 30314 Harden, Eston A. 128-Post 2 114 Cater St., St. Simons Island 31522 Harrington, J. Floyd 93 120 N. Elbert St., Milledgeville 31061 Harris, Joe Frank 8-Post 1 1 Valley Dr., Cartersville 30120 Harris, J. Robin 51 P. O. Box 57 Decatur 30031 Harrison, Robert L. Bob, Sr. 116-Post 2 P. O. Box 367 Jesup 31545 Hawes, Peyton S., Jr. 43-Post 1 80 Broad St., N.W., Atlanta 30303 Hays, Forest, Jr. 1-Post 2 St. Elmo, Rt. 3, Chattanooga, Tennessee 37409 Hill, Bobby 110 208 East 34th St., Savannah 31401 Hill, Guy 41 1074 Boatrock Road, S.W., Atlanta 30331 Horton, Gerald T. 43-Post 2 2710 Nat'l Bank of Ga. Bldg., Atlanta 30303 Horton, William L. (Bill) 56-Post 3 2014 Nat'l Bank of Ga. Bldg., Atlanta 30303 Howard, G. Robert (Bob) 19-Post 2 218 Roswell St., Suite 202 Marietta 30060 Howell, W. Mobley 118 P. O. Box 348, Blakely 31723 Hudson, Ted 115-Post 2 303 Glynn Ave., Fitzgerald 31750 Hutchinson, R. S. (Dick) 114-Post 3 915 Sixth Ave., Albany 31705 Irvin, Jack 10 Rt. 1, Baldwin 30511 Irvin, Robert A. Bob 23 Box 325, Roswell 30075 Irwin, John R. 113 Dawson 31742 Jessup, Ben 102-Post 3 101 Cherry St., Cochran 31014 Johnson, Rudolph 68-Post 4 5904 Jonesboro Rd., Morrow 30260 Jones, Herbert, Jr. 109 413 Arlington Rd., Savannah 31406 Jordon, Hugh S. 58 1284 Park Blvd., Stone Mountain 30083 Keyton, James W. 121 Box 90, Thomasville 31792 King, Jack A. 85-Post 2 3110 Hooper Ave., Columbus 31907 Knight, Nathan G. 65-Post 3 P. O. Box 1175 Newnan 30263 Kreeger, George H. 21-Post 1 3500 Lee St., Smyrna 30080 Lambert, E. Roy 97 P. O. Box 169, Madison 30650 Lane, Dick 40 2704 Humphries St., East Point 30344 Lane, W. Jones 76-Post 1 Box 484, Statesboro 30458 Larsen, George K. 27 48 Glenald Way, N.W., Atlanta 30327 Larsen, W. W., Jr. 102-Post 2 P. O. Box 2002 Court Square Station Dublin 31021 Lee, William J. Bill 68-Post 1 5325 Hillside Dr., Forest Park 30050 Lee, William S. (Billy) 114-Post 4 1215 Baker Ave., Albany 31705 Levitas, Elliott H. 50 829 Castle Falls Drive, N.E., Atlanta 30329 Lewis, Preston B., Jr. 77-Post 2 P. O. Box 88, Waynesboro 30830 Logan, Hugh 62-Post 1 1328 Prince Ave., Athens 30601 Lowrey, Sidney 15 Rt. 7, Rome 30161 Marcus, Sidney J. 26 707 Edgehill Ave., N.W., Atlanta 30318 Mason, James D. 59 P. O. Box 326 Snellville 30278 Matthews, Chappelle 62-Post 2 306 Southern Mutual Bldg., Athens 30601 Matthews, Dorsey R. 122-Post 1 Rt. 1 Moultrie 31768 Mauldin, A. T. 13-Post 1 P. O. Box 87 Carnesville 30521 Miles, Bernard F. 79 2934 Peach Orchard Rd., Augusta 30906 Milford, Billy 13-Post 2 Rt. 3, Hartwell 30643 Morgan, J. W. (Jim) 70 P. O. Box 106 Covington 30209 Moyer, E. Vince 99 110-A LaClaire Colony Warner Robins 31093 Mulherin, Matthew W. 81 820 Reynolds St., Augusta 30902 Mullinax, Edwin G. (Ed) 65-Post 2 P. O. Drawer 1429 LaGrange 30240 Murphy, Thomas B. 18 Box 163 Bremen 30110 McCracken, J. Roy 77-Post 1 P. O. Box 85 Avera 30803 McDaniell, Hugh Lee 20-Post 2 1231 Pebble Creek Rd., S.E., Marietta 30060 McDonald, Lauren (Bubba), Jr. 12 P. O. Box 246 Commerce 30529 McKinney, J. E. (Billy) 35 765 Shorter Ter., N.W., Atlanta 30318 Nessmith, Paul E., Sr. 76-Post 2 Rt. 4, Statesboro 30458 Nix, Ken 20-Post 3 3878 Manson Ave., Smyrna 30080 Noble, Bill 48 1523 Oak Grove Rd., Decatur 30033 Northcutt, Lamar D. 68-Post 3 5340 W. Fayetteville Rd., College Park 30349 Odom, Colquitt H. 114-Post 2 204 N. Monroe Albany 31705 Oxford, Oliver 101 P. O. Box J Americus 31709 Patten, Grover C. 123-Post 1 P. O. Drawer 312 Adel 31620 Patten, Robert L. 124-Post 2 Rt. 1, Box 180 Lakeland 31635 Patterson, John K. 64-Post 1 502 Adamson Ave., Carrollton 30117 Pearce, H. Norwood 87-Post 2 P. O. Box 2312 Columbus 31902 Peters, Robert G. 2 P. O. Box 550 Ringgold 30736 Petro, George 46 3700 Buford Hwy., Apt. 25 Atlanta 30329 Phillips, Glenn S. 73 P. O. Box 26 Harlem 30814 Phillips, L. L. Pete 103 Box 166, Soperton 30457 Pinkston, Frank C. 89-Post 1 3077 Stuart Dr., Macon 31204 Rainey, Howard H. 115-Post 3 201 Eighth St., South Cordele 31015 Reaves, Henry L. 124-Post 1 Rt. 2., Quitman 31643 Ritchie, Hubert G. 11 Cornelia 30531 Roach, Andy 8-Post 3 Box 677, Canton 30114 Rogers, Charles W. (Billy) 128-Post 1 2630 Starling St., Brunswick 31520 Ross, Ben Barron 72 P. O. Box 245 Lincolnton 30817 Rush, Dewey D. 104 Rt. 4, P. O. Box 266 Glennville 30427 Russell, John 62-Post 3 Rt. 2, Winder 30680 Russell, Walter B., Jr. 53 921 Nottingham Dr., Avondale Estates 30002 Sams, Bill 83 410 First Natl. Bank Bldg., Augusta 30902 Savage, John 30 1688 Lakewood Ave., S.E., Atlanta 30315 Shanahan, Tom L. 7 P. O. Box 427 Calhoun 30701 Shepherd, E. J. 28 346 Angier Ave., N.E., Atlanta 30312 Smith, Geo. L. II 91 P. O. Box 99 Swainsboro 30401 Smith, J. R. 74-Post 2 P. O. Box G Barnesville 30204 Smith, Virlyn B. 42 330 Rivertown Rd., Fairburn 30213 Snow, Wayne, Jr. 1-Post 1 Mailing: P. O. Box 26 Rossville 30741 Res. Chickamauga 30707 Stephens, William S. 37 80 Cleveland Ave., S.W., Atlanta 30315 Strickland, L. Jack 116-Post 1 Rt. 3, Box 67, Baxley 31513 Sweat, Ottis, Jr. 125 2100 Ben Hill Ave., Waycross 31501 Thomason, Boyd 8-Post 2 RFD 2 Jasper 30143 Thompson, Albert W. 86-Post 2 210 Ninth St., Columbus 31901 Toles, E. B. 16 1114 Park Blvd., Rome 30161 Townsend, Kiliaen V. 24 120 North Ave., N.W., Atlanta 30313 Triplett, Tom 111 P. O. Box 9586 Savannah 31402 Tucker, Ray M. 69 P. O. Box 469, McDonough 30253 Turner, Tom 3 Colonial Hills Dr., Chatsworth 30705 Twiggs, Ralph 4-Post 2 P. O. Box 432 Hiawassee 30546 Vaughn, Clarence R., Jr. 57 P. O. Box 410 Conyers 30207 Waddle, Ted W. 98 113 Tanglewood Dr., Warner Robins 31093 Walker, Larry 100 P. O. Box 1234 Perry 31069 Wall, Vinson 61 120 McConnell Dr., Lawrenceville 30245 Wamble, Burton M. 120 Rt. 1, Box 119 Cairo 31728 Ware, J. Crawford 65-Post 1 P. O. Box 305, Hogansville 30230 Wheeler, Bobby A. 127-Post 2 Rt. 1, Alma 31510 Wheeler, Jack A., O.D. 13-Post 3 P. O. Box 807, Elberton 30635 Whitmire, Doug 9-Post 2 Rt. 2, Box 609 Gainesville 30501 Williams, W. M. Bill 9-Post 3 1628 Thompson Bridge Rd., Gainesville 30501 Willis, Robert T. 119 P. O. Box 98, Bainbridge 31717 Wilson, Joe Mack 19-Post 1 77 Church St., Marietta 30060 Wilson, M. Lamar 94 P. O. Box 688 Milledgeville 31061 Wood, Joe T. 9-Post 1 P. O. Box 736, Cumberland Dr., Gainesville 30501
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MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS AND POST OFFICES FOR THE TERM 1973-1974 District Representative Address 1-Post 1 Wayne Snow, Jr. Mailing: P. O. Box 26 Rossville 30741 1-Post 2 Forest Hays, Jr. St. Elmo, Route 3 Chattanooga, Tenn. 37409 2 Robert G. Peters P. O. Box 550 Ringgold 30736 3 Tom Turner Colonial Hills Dr., Chatsworth 30705 4-Post 1 Carlton H. Colwell P. O. Box 6 Blairsville 30512 4-Post 2 Ralph Twiggs P. O. Box 432 Hiawassee 30546 5 James H. Sloppy Floyd P. O. Box 521 Trion 30753 6-Post 1 Jack H. Cole P. O. Box 626 Dalton 30720 6-Post 2 R. L. Foster Route 3 Dalton 30720 7 Tom L. Shanahan P. O. Box 427 Calhoun 30701 8-Post 1 Joe Frank Harris 1 Valley Drive Cartersville 30120 8-Post 2 Boyd Thomason RFD 2, Jasper 30143 8-Post 3 Andy Roach P. O. Box 677 Canton 30114 9-Post 1 Joe T. Wood P. O. Box 736 Cumberland Drive Gainesville 30501 9-Post 2 Doug Whitmire Route 2, Box 609 Gainesville 30501 9-Post 3 W. M. Bill Williams 1628 Thompson Bridge Road Gainesville 30501 10 Jack Irvin Route 1 Baldwin 30511 11 Hubert G. Ritchie Cornelia 30531 12 Lauren (Bubba) McDonald, Jr. P. O. Box 246 Commerce 30529 13-Post 1 A. T. Mauldin P. O. Box 87 Carnesville 30521 13-Post 2 Billy Milford Route 3 Hartwell 30643 13-Post 3 Jack A. Wheeler O. D. P. O. Box 807 Elberton 30635 14 John Adams 7 East Creekview Dr. Rome 30161 15 Sidney Lowrey Route 7 Rome 30161 16 E. B. Toles 1114 Park Boulevard Rome 30161 17 Nathan D. Dean 340 Wingfoot Street Rockmart 30153 18 Thomas B. Murphy P. O. Box 163 Bremen 30110 19-Post 1 Joe Mack Wilson 77 Church Street Marietta 30060 19-Post 2 G. Robert (Bob) Howard 218 Roswell Street Suite 202 Marietta 30060 19-Post 3 Howard Atherton 848 Greymont Road Marietta 30060 20-Post 1 Wm. Travis Duke Suite 308 1819 Peachtree St., NE Atlanta 30309 20-Post 2 Hugh Lee McDaniell 1231 Pebble Creek Rd., S.E., Marietta 30060 20-Post 3 Ken Nix 3878 Manson Ave. Smyrna 30080 21-Post 1 George H. Kreeger 3500 Lee Street Smyrna 30080 21-Post 2 A. L. (Al) Burruss P. O. Box 6338A, Marietta 30062 22 Haskew H. Brantley, Jr. 6114 Riverside Dr., N.W., Atlanta 30328 23 Robert A. Bob Irvin P. O. Box 325 Roswell 30075 24 Kiliaen V. Townsend 120 North Ave., N.W., Atlanta 30313 25 Michael J. Egan 3100 First Nat'l Bank Tower Atlanta 30303 26 Sidney J. Marcus 707 Edgehill Ave., N.W., Atlanta 30318 27 George K. Larsen 48 Glenald Way, N.W., Atlanta 30327 28 E. J. Shepherd 346 Angier Ave., N.E., Atlanta 30312 29 Clarence G. Ezzard, Sr. 245 Atlanta Ave., S.E., Atlanta 30315 30 John Savage 1688 Lakewood Ave., S.E., Atlanta 30315 31 Mrs. Grace T. Hamilton 582 University Place, N.W., Atlanta 30314 32 Julian Bond 361 West Drive, S.W., Atlanta 30310 33 J. C. Daugherty 202 Daugherty Bldg. 15 Chestnut St., S.W., Atlanta 30314 34 Ben Brown Suite 1838 100 Peachtree St., N.W., Atlanta 30303 35 J. E. (Billy) McKinney 765 Shorter Terrace, N.W., Atlanta 30318 36 G. D. Adams 532 St. Johns Ave., S.W., Atlanta 30315 37 William S. Stephens 80 Cleveland Ave., S.W., Atlanta 30315 38 William H. Alexander Citizens Trust Co. Bank Bldg. Atlanta 30303 39 W. M. (Bill) Alexander 1443 Pollard Dr., S.W., Atlanta 30311 40 Dick Lane 2704 Humphries Street East Point 30344 41 Guy Hill 1074 Boatrock Road, S.W., Atlanta 30331 42 Virlyn B. Smith 330 Rivertown Road Fairburn 30213 43-Post 1 Peyton S. Hawes, Jr. 80 Broad Street, N.W., Atlanta 30303 43-Post 2 Gerald T. Horton 2710 Nat'l Bank of Ga. Bldg. Atlanta 30303 43-Post 3 John W. Greer 802 Healey Building Atlanta 30303 44 Harry C. Geisinger 5161 Stratham Drive Dunwoody 30338 45 Stanley N. Collins, Jr. 1727 West Nancy Creek Drive, N.E., Atlanta 30319 46 George Petro 3700 Buford Highway Apt. 25 Atlanta 30329 47 Joe Burton 2598 Woodwardia Rd., N.E., Atlanta 30345 48 Bill Noble 1523 Oak Grove Road Decatur 30033 49 Ewell H. (Hank) Elliott, Jr. 8004 Perimeter Center, East Atlanta 30346 50 Elliott H. Levitas 829 Castle Falls Dr., N.E., Atlanta 30329 51 J. Robin Harris P. O. Box 57 Decatur 30031 52 Robert H. (Bob) Farrar 10 N. Clarendon Ave., Avondale Estates 30002 53 Walter B. Russell, Jr. 921 Nottingham Drive Avondale Estates 30002 54 James E. Dean 17 East Lake Dr., N.E. Atlanta 30317 55 Betty J. Clark 2293 Cresta Drive Decatur 30032 56-Post 1 Walt Davis 3782 Snapfinger Road Lithonia 30058 56-Post 2 Leon R. Floyd P. O. Box 32249 Decatur 30032 56-Post 3 Wm. L. (Bill) Horton 2014 Nat'l Bank of Ga. Bldg., Atlanta 30303 57 Clarence R. Vaughn, Jr. P. O. Box 410 Conyers 30207 58 Hugh S. Jordan 1284 Park Boulevard Stone Mountain 30083 59 James D. Mason P. O. Box 326 Snellville 30278 60 Gibson Dean, II Main Street Buford 30518 61 Vinson Wall 120 McConnell Drive Lawrenceville 30245 62-Post 1 Hugh Logan 1328 Prince Avenue Athens 30601 62-Post 2 Chappelle Matthews 306 S. Mutual Building Athens 30601 62-Post 3 John Russell Route 2 Winder 30680 63 James (Jim) Dollar 6508 Spring Street Douglasville 30134 64-Post 1 John K. Patterson 502 Adamson Avenue Carrollton 30117 64-Post 2 J. E. Bohannon P. O. Box 531 Carrollton 30117 65-Post 1 J. Crawford Ware P. O. Box 305 Hogansville 30230 65-Post 2 Edwin G. (Ed) Mullinax P. O. Drawer 1429 LaGrange 30240 65-Post 3 Nathan G. Knight P. O. Box 1175 Newnan 30263 66 Claude A. Bray, Jr. 105 Broad Street Manchester 31816 67-Post 1 John R. Carlisle P. O. Box 286 Griffin 30223 67-Post 2 Clayton Brown, Jr. 550 South Hill Street Griffin 30223 68-Post 1 William J. Bill Lee 5325 Hillside Drive Forest Park 30050 68-Post 2 Frank I. Bailey, Jr. 6524 Hayes Drive Riverdale 30274 68-Post 3 Lamar D. Northcutt 5340 W. Fayetteville Rd., College Park 30349 68-Post 4 Rudolph Johnson 5904 Jonesboro Road Morrow 30260 69 Ray M. Tucker P. O. Box 469 McDonough 30253 70 J. W. (Jim) Morgan P. O. Box 106 Covington 30309 71 Bobby Carrell 111 Hillside Drive Monroe 30655 72 Ben Barron Ross P. O. Box 245 Lincolnton 30817 73 Glenn S. Phillips P. O. Box 26 Harlem 30814 74-Post 1 Marvin Adams 939 North Bethel St. Thomaston 30286 74-Post 2 J. R. Smith P. O. Box G Barnesville 30204 75 Denmark Groover, Jr. P. O. Box 162 Gray 31032 76-Post 1 W. Jones Lane Box 484 Statesboro 30458 76-Post 2 Paul E. Nessmith, Sr. Route 4 Statesboro 30458 77-Post 1 J. Roy McCracken P. O. Box 85 Avera 30803 77-Post 2 Preston B. Lewis, Jr. P. O. Box 88 Waynesboro. 30830 78 R. A. Dent 1120 Pine Street Augusta 30901 79 Bernard F. Miles 2934 Peach Orchard Rd. Augusta 30906 80 Jack Connell P. O. Box 308 Augusta 30903 81 Matthew W. Mulherin 820 Reynolds Street Augusta 30902 82 Robert C. (Bob) Beckham P. O. Box 1532 Augusta 30903 83 Bill Sams 410 First Nat'l Bank Bldg., Augusta 30902 84 J. Hoyt Adams Box 138 Upatoi 31829 85-Post 1 Earl T. Davis 2321 Carson Drive Columbus 31906 85-Post 2 Jack A. King 3110 Hooper Avenue Columbus 31907 86-Post 1 C. Ed. Berry 2516 Harding Drive Columbus 31906 86-Post 2 Albert W. Thompson 210 Ninth Street Columbus 31901 87-Post 1 Thomas B. Buck, III P. O. Box 196 Columbus 31902 87-Post 2 H. Norwood Pearce P. O. Box 2312 Columbus 31902 88 Daniel K. Grahl P. O. Box 591 Fort Valley 31030 89-Post 1 Frank C. Pinkston 3077 Stuart Drive Macon 31204 89-Post 2 S. Phillip Brown P. O. Box 4348 Macon 31208 89-Post 3 Billy L. Evans 1844 Flintwood Drive Macon 31201 89-Post 4 Dekle Coney P. O. Box 4846 Macon 31208 89-Post 5 W. M. Dick Dickey 4930 Guerry Drive Macon 31204 89-Post 6 Robert A. Bob Berlin First Nat'l Bank Bldg. Macon 31201 90 Tom C. Carr North Smith Street Sandersville 31082 91 Geo. L. Smith, II P. O. Box 99 Swainsboro 30401 92 Hines L. Brantley South Broad Street Metter 30439 93 J. Floyd Harrington 120 North Elbert St. Milledgeville 31061 94 M. Lamar Wilson P. O. Box 688 Milledgeville 31061 95 Ward Edwards P. O. Box 146 Butler 31006 96 Don Castleberry P. O. Box 377 Richland 31825 97 E. Roy Lambert P. O. Box 169 Madison 30650 98 Ted W. Waddle 113 Tanglewood Drive Warner Robins 31093 99 E. Vince Moyer 110-A LaClaire Colony Warner Robins 31093 100 Larry Walker P. O. Box 1234 Perry 31069 101 Oliver Oxford P. O. Box J Americus 31709 102-Post 1 Terry L. Coleman Clements Street Eastman 31023 102-Post 2 W. W. Larsen, Jr. P. O. Box 2002 Court Square Station Dublin 31021 102-Post 3 Ben Jessup 101 Cherry Street Cochran 31014 103 L. L. Pete Phillips Box 166 Soperton 30457 104 Dewey D. Rush Route 4, P. O. Box 266 Glennville 30427 105 Arthur M. Gignilliat P. O. Box 968 Savannah 31402 106 Rev. Jesse Blackshear P. O. Box 9182 Savannah 31402 107 Morriss W. Ellis 312 Gordonston Avenue Savannah 31404 108 Sam D. Allen P. O. Box 6706 Savannah 31405 109 Herbert Jones, Jr. 413 Arlington Road Savannah 31406 110 Bobby Hill 208 East 34th Street Savannah 31401 111 Tom Triplett P. O. Box 9586 Savannah 31402 112 George A. Chance, Jr. P. O. Box 373 Springfield 31329 113 John R. Irwin Dawson 31742 114-Post 1 George D. Busbee P. O. Box 1954 Albany 31702 114-Post 2 Colquitt H. Odom 204 N. Monroe Albany 31705 114-Post 3 R. S. (Dick) Hutchinson 915 Sixth Avenue Albany 31705 114-Post 4 William S. (Billy) Lee 1215 Baker Avenue Albany 31705 115-Post 1 A.B.C. (Brad) Dorminy, Jr. 701 W. Central Avenue Fitzgerald 31750 115-Post 2 Ted Hudson 303 Glynn Avenue Fitzgerald 31750 115-Post 3 Howard H. Rainey 201 Eighth St., South Cordele 31015 116-Post 1 L. Jack Strickland Route 3, Box 67 Baxley 31513 116-Post 2 Robert L. Bob Harrison, Sr. P. O. Box 367 Jesup 31545 117 Donald H. Fraser P. O. Box 472 Hinesville 31313 118 W. Mobley Howell P. O. Box 348 Blakely 31723 119 Robert T. Willis P. O. Box 98 Bainbridge 31717 120 Burton M. Wamble Route 1, Box 119 Cairo 31728 121 James W. Keyton Box 90 Thomasville 31792 122-Post 1 Dorsey R. Matthews Route 1 Moultrie 31768 122-Post 2 Marcus E. Collins Route 1 Pelham 31779 123-Post 1 Grover C. Patten P. O. Drawer 312 Adel 31620 123-Post 2 Henry Bostick 231 Tift Avenue Tifton 31794 124-Post 1 Henry L. Reaves Route 2 Quitman 31643 124-Post 2 Robert L. Patten Route 1, Box 180 Lakeland 31635 124-Post 3 Jim T. Bennett, Jr. 1 Smithbriar Drive Valdosta 31601 125 Ottis Sweat, Jr. 2100 Ben Hill Avenue Waycross 31501 126 Harry D. Dixon 1303 Coral Road Waycross 31501 127-Post 1 Simon Grantham 306 East Ward Street Douglas 31533 127-Post 2 Bobby A. Wheeler Route 1 Alma 31510 128-Post 1 Charles W. (Billy) Rogers 2630 Starling Street Brunswick 31520 128-Post 2 Eston A. Harden 114 Cater Street St. Simons Island 31522
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STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1972 Georgia Laws Referendums Proposed Election Results Not Known Not Held Final Result 1953 (Jan./Feb.) 14 1 2 11 1953 (Nov./Dec.) 21 5 16 1955 17 1 1 15 1956 39 4 1 34 1957 24 1 23 1958 45 2 2 41 1959 34 1 33 1960 47 7 1 39 1961 27 1 26 1962 38 1 2 35 1963 39 1 5 33 1964 35 2 3 30 1964 Ex. Sess. 9 1 1 7 1965 23 3 20 1966 25 2 23 1967 39 2 37 1968 48 3 1 44 1969 48 3 3 42 1970 44 4 1 39 1971 43 5 38 1971 Ex. Sess. 3 3 1972 64 1 3 60 TOTALS 726 39 38 649
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REFERENDUM ELECTIONS1953-1971 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 For 55 Agn 30 Chatham 2538 Taxation Not held DeKalb 3249 County Commissioners 5-13-53 For4445 Agn8483 Franklin 3030 County Commissioners 11- 2-54 For1152 Agn 565 Gilmer 3103 City of Ellijay 6- 1-53 For 69 Agn 151 Gilmer 588 City of Ellijay 6- 1-53 For 69 Agn 151 Gwinnett 3187 City of Lawrenceville 6-27-53 For 55 Agn 61 Irwin 2495 Tax Commissioner 11- 2-54 For 568 Agn 694 Mitchell 2577 City of CamillaTreasurer Not held Murray 2458 Town of Spring Place 5-19-53 For 36 Agn 48 Murray 2340 City of Chatsworth Election Results Not Known Murray 2444 Tax Commissioner 4-21-53 For 553 Agn 261 Troup 2276 City of West Point 4- 1-53 For 250 Agn 112 Whitfield 2128 City Court of Dalton 3-26-53 For 210 Agn2613
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Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9- 8-54 For1833 Agn 648 Cherokee 2668 Certain County Officerscompensation 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12- 9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2- 6-54 For1406 Agn 603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For 23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn 164 McDuffie 2584 City of Thomson 3-12-54 For 253 Agn 290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For 259 Agn 189 Sumter 2972 City of Americus 1-12-54 For 382 Agn 431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn 6 Outside city vote: For 64; Agn 53 Twiggs 2570 County Commissioners 11-2-54 For 161 Agn 626
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Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5-4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton Fulton 2884 City of College Park 5-14-55 For 46 Agn 13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4- 5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206
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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4- 3-56 For1394 Agn1385 Baldwin 2865 City of Milledgeville 7-18-56 For 107 (1 of 2) Agn 58 Baldwin 2865 City of Milledgeville 10-15-56 For 463 (1 of 2) Agn 243 Baldwin 3003 City of Milledgeville 7-18-56 For 12 Agn 51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5- 4-56 For 13 Agn 103 Carroll 2797 City Court of Carrollton 11- 6-56 For1305 Agn2344 Carroll 2877 City of Whitesburg Election Results Not Known Chattooga 2899 County Commissioner 9-12-56 For2142 Agn1167 Clayton 2040 City of Forest Park Election Results Not Known (1 of 2) Clayton 2040 City of Forest Park Election Results Not Known (1 of 2) Clayton 2518 City of Mountain View 3-24-56 For 341 Agn 44 Clayton Fulton 2744 City of College Park 4-28-56 For 28 Agn 22 Colquitt 2399 Certain County Officerscompensation 2-28-56 For3864 Agn2411 Colquitt 2403 Tax Commissioner 2-28-56 For3939 Agn2540 Colquitt 2830 City of Moultrie 10- 1-56 * * West Moultrie Area: For1986; Agn169 [UNK] Colonial Heights Area: For2002; Agn159 [UNK] Crestwood Gardens Area: For2005; Agn167 [UNK] City vote: East Moultire Area: For2004; Agn165 [UNK] Tifton Highway Area: For1989; Agn173 [UNK] Sylvester Drive Area: For1976; Agn175 [UNK] Area 1-West Moultrie Area: For 99; Agn 57 [UNK] Area 2-Colonial Heights Area: For145; Agn 83 [UNK] Area 3-Crestwood Gardens Area: For 27; Agn 87 [UNK] Area 4-East Moultrie Area: For 41; Agn147 [UNK] Area vote: Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn144 [UNK] 2932 DeKalb City Court of Decatur 5-16-56 For 12,520 3237 Agn 5,846 DeKalb Multiple commission form of government 5-16-56 For 18,393 (1 of 2) 3237 Agn 2,001 DeKalb Commission Chairman 5-16-56 For:(a) 4,743 (1 of 2) 2022 For:(b) 15,300 Fayette Tax Commissioner 2-25-56 For 292 3507 Agn 37 Glascock Sheriffcompensation 3-14-56 For 498 2502 Agn 227 Gwinnett Tax Commissioner 11- 6-56 For 3,383 3166 Agn 1,641 Hall City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3 Houston 2510 City of Warner Robins 5- 8-56 For 215 Agn 30 Jackson 2887 City Court of Jefferson 9-12-56 For 972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For 231 Agn 580 Murray 3476 City of Chatsworth 8-25-56 For 77 Agn 109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For 516; Agn2070 Newton 2507 City of Covington 5- 1-56 For 109 Agn 90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For 948; Agn 595 Affected area: For 365; Agn 400 Thomas 3159 Certain County Officerscompensation 4-24-56 For 902 Agn 939 Thomas 3510 Tax Commissioner 4-24-56 For 876 Agn 957 Troup 2827 City of Hogansville 7-18-56 City vote: For 216; Agn 117 Outside city vote: For 41; Agn 159 Troup 3078 City of Hogansville 7-18-56 For 257 Agn 276 Troup 3423 City of North West Point 4-25-56 For 34 Agn 111 Walker 2995 Town of Linwood Election Results Not Known Whitfield 2093 City of Dalton 3-15-56 For 985 Agn1831
Page 4313
Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn 314 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 For 422 Agn 128 Clarke 2033 City of Athens 2-27-57 For 617 Agn2112 Clarke 2036 City of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City of Douglas 5-29-57 For 485 Agn 99 Colquitt 2205 City of Moultrie 3-11-57 For 25 Agn 53 Cook 3253 County Commissioners 5- 8-57 For 227 Agn 364 Dougherty 2595 City of Albany 5-20-57 For325 Agn 720 Douglas 2358 City of Douglasville 5- 3-57 City vote: For50; Agn 53 Affected area: For 2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For 27 Agn 4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4- 6-57 For 784 Agn 924 Miller 2194 County Commissioners 4- 2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn 12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For 75 Agn 10 Polk 2185 City of Cedartown 5- 8-57 For 656 Agn 934 Pulaski 3353 City of Hawkinsville 4-30-57 For 115 Agn 266 Spalding 2809 City of Griffin 4-30-57 For 552 Agn 317 Twiggs 3002 County Commissioners 5-22-57 For 156 Agn 174 Walker 2419 Town of Linwood 4-27-57 For 71 Agn 29 Wilkinson 2383 Town of McIntyre 5-25-57 For 49 Agn 18
Page 4315
Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7- 2-58 For 206 Agn 197 Baldwin 3302 County Commissioner 11- 4-58 For 932 Agn 717 Barrow 2338 City of Winder 6- 4-58 For 131 Agn 229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For 173 Agn 74 Chatham 2617 Town of Thunderbolt 1-20-59 For 291 Agn 115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11- 4-58 For 55 Agn 30 Cherokee 2437 City of Canton 5- 7-58 For119 Agn483 Cherokee 2661 City of Canton 5- 7-58 For 223 Agn 37 Clayton 3022 City of Mountain View Election Results Not Known Clayton 3397 City of Forest Park Election Results Not Known Clayton Fulton 2309 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2363 City of College Park 5-14-58 For 10 Agn 0 Clayton Fulton 2721 City of College Park 6- 3-58 For 738 Agn 340 Clayton Fulton 2453 City of College Park 5-19-58 For 2 Agn 0 Clayton Fulton 2854 City of College Park 5-14-58 For 0 Agn 0 Clayton Fulton 3212 City of East Point 7-16-58 For 63 Agn 28 Colquitt 2441 City of Moultrie 7-14-58 (Area 6) For 53; Agn 1 7-21-58 (Area 7) For110; Agn79 7-28-58 (Area 8) For 31; Agn27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1-City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2-City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3-City vote: For230; Agn14 Outside city: For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 City of Gainesville 4- 1-58 For 925 Agn 169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For 346 Agn 206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn 75 Outside City: For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6- 3-58 City vote: For147; Agn107 Outside City: For 15; Agn 50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn 901 Lowndes 2624 City of Valdosta 4-14-58 For 907 Agn 243 Newton 2269 City of Covington 7- 9-58 For 151 Agn 460 Polk 2468 Town of Van Wert 9-10-58 For 7 Agn 57 Pulaski 2826 Tax Commissioner 11- 4-58 For 222 Agn 235 Putnam 2980 City of Eatonton 6-11-58 For 42 Agn 257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote: For669; Agn43 Outside City: For333; Agn286 Tift 2930 City of Tifton 5- 7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For 19 Agn 100 Wilkes 2091 County Commissioners 11- 4-58 For 749 Agn 98 White 3224 County Commissioners Not held
Page 4319
Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For 79 Agn 154 Bartow 2793 City of Cartersville 4-29-59 For 3 Agn 21 Bartow 2797 City of Adairsville 5-12-59 For 77 Agn 120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For 49 Agn 2 Catoosa 2161 County Commissioners 3-28-59 For 718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For 160 Agn 462 Cherokee 2494 Certain County Officerscompensation 4- 4-59 For1522 Agn 509 Clayton Fulton 2499 City of College Park 5-18-59 For 14 Agn 38 Clayton Fulton 2508 City of College Park 5-18-59 For 0 Agn 0 Clayton Fulton 2516 City of College Park 5-18-59 For 5 Agn 0 Clayton Fulton 2521 City of College Park 5-18-59 For 3 Agn 0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For 7 Agn 8 Cobb Douglas 3142 City of AustellParcel #3 8- 4-59 For 2 Agn 11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For 5 Agn 49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For 14 Agn 15 Colquitt 2396 City of Norman Park 5-25-59 For 50 Agn 81 Dougherty 2091 County Commissioners 4-12-60 For 755 Agn 417 Dougherty 3064 City of Albany 6- 8-59 For1413 Agn 710 Douglas 2871 City of Lithia Springs 4- 8-59 For 241 Agn 569 Elbert 2627 County Commissioners 4- 8-59 For 804 Agn 436 Elbert 2621 Tax Commissioner 4- 8-59 For1041 Agn 203 Elbert 2624 Certain County Officerscompensation 4- 8-59 For1014 Agn 228 Emanuel 2592 City of Twin City 5- 4-59 For 200 Agn 162 Gwinnett 3161 City of Dacula 5- 9-59 For 82 Agn 45 Habersham 2178 City of Cornelia 4-13-59 For 102 Agn 91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For 502 Agn 75 Meriwether Talbot 2534 City of Manchester 4- 1-59 For 109 Agn 30 Newton 2780 City of Oxford 5- 1-59 For 30 Agn 36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn 75 County vote: For 86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4- 8-59 For1510 Agn 827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For 810 Agn1629
Page 4322
Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn 767 Berrien 3301 City of Nashville 11- 8-60 For 466 Agn 418 Bibb 3223 Macon-Bibb County 6- 1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For 37; Agn 55 Chatham 2273 Town of Thunderbolt 1-17-61 For 151 Agn 283 Chattooga 2715 Town of Trion 5- 5-60 For 53 Agn 25 Clarke 2234 City of Athens 4-13-60 For276 Agn 522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For 320 Agn 146 Douglas Cobb 2118 City of Austell 3-26-60 For 27 Agn 38 Dodge 2608 Town of Rhine 4-27-60 For 146 Agn 4 DeKalb 3158 City of Decatur Election results Not Known Emanuel 2360 County Commissioners 11- 8-60 For 877 Agn2080 Evans 2251 City of Claxton 5- 5-60 Proposed Area: For 32; Agn 62 Within City vote: For379; Agn107 Franklin 2143 County Commissioner Advisory Board 3- 9-60 For2296 Agn1038 Fulton Clayton 2849 City of College Park 5-14-60 For 6 Agn 0 Fulton Clayton 2854 City of College Park 5-16-60 For 21 Agn 15 Greene 3089 Tax Commissioner 4-28-60 For 801 Agn 823 Greene 3093 Certain County Officerscompensation 4-28-60 For 822 Agn 835 Henry 3297 City of McDonough 5-18-60 Inside City vote: For61; Agn35 Outside City vote: For41; Agn83 Houston 2605 Tax Commissioner 11- 8-60 For4059 Agn 959 Jefferson 2913 Town of Avera Election Results Not Known Lamar 2294 Certain County Officerscompensation 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 Election Results Not Known McIntosh 2893 Sheriff Election Results Not Known McIntosh 2899 Tax Commissioner Election Results Not Known McIntosh 2904 Ordinary Election Results Not Known Mitchell 2301 City of Camilla 4-27-60 City of Camilla For 45; Agn15 Mitchell County For8; Agn1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn332 Murray 3180 City of Spring Place Not Held 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 Advisory Board 3-16-60 For418 Agn297 Walton 2056 Certain County Officerscompensation 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 Officerscompensation 3- 2-60 For1272 Agn746 Whitfield 2019 Tax Commissioner 3- 2-60 For1227 Agn806
Page 4326
Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12, 269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 For1077 Agn 463 Meriwether 2760 City of Manchester 5- 3-61 For 614 Agn 322 Meriwether 3058 Board of County Commissioners 5-31-61 For 860 Agn 320 Meriwether 3223 County Treasurer 5-31-61 For 680 Agn 493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For 940 Agn 243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For 938 Agn 254 Monroe 2994 City of Forsyth 10- 4-61 For 668 Agn 245 Murray 3403 City of Spring Place 6-24-61 For 24 Agn 19 Pike 2704 City of Zebulon 5- 6-61 For 52 Agn 1 Polk 2931 City of Rockmart 12- 2-61 See below * * Result: City of RockmartFor: 669; Agn: 174 Ward 1 For: 22; Agn: 36 Ward 2 For: 0; Agn: 17 Ward 3 For: 0; Agn: 0 Ward 4 For: 6; Agn: 69 Ward 5 For: 0; Agn: 1 Sumter 3251 City of Americus 5- 9-61 For 331 Agn 954 Troup 2650 City of West Point 4-26-61 For 143 Agn 224
Page 4329
Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4- 4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5- 5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6- 1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11-6-62 For 450 Agn 484 Fulton 2473 City of East Point 5- 9-62 For 1 Agn 3 Fulton 2854 City of East Point 5- 9-62 For 1 Agn 6 Fulton 2861 City of East Point 5- 9-62 For 6 Agn 31 Fulton 3130 City of East Point 5- 9-62 For 25 Agn 22 Gwinnett 2364 Pinball machines 11- 6-62 For1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12- 5-62 Inside City: For385; Agn108 Outside City: For 58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29 Agn 4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For 234 Agn 66 Meriwether 2396 City of Manchester 3-28-62 For 251 Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224 Agn 67 Meriwether 2603 City of Manchester 3-28-62 For 231 Agn 76 Meriwether 2613 City of Manchester 3-28-62 For 227 Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15 Agn 0 Murray 2576 City of Chatsworth 6-23-62 For 143 Agn 183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County: For6612; Agn9103 City of Columbus: For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For 550 Agn 167 Oglethorpe 3202 City Court of Lexington 11- 6-62 For 392 Agn 180 Putnam 2440 Certain County Officerscompensation 11- 6-62 For 626 Agn 129 Putnam 3048 Tax Commissioner 11- 6-62 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed area: For 13; Agn44 In City Tennille: For139; Agn58 Wayne 3110 Board of County Commissioners 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21
Page 4332
Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For 511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissioner 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1- 8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known 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 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For1127 Agn 776 Irwin 2602 Tax Commissioner 5-28-63 For 91 Agn 279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6- 5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For 333 Agn 669 Pulaski 3436 Tax Commissioner 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130
Page 4335
Georgia Laws 1964, January-February session: County Page No. SUBJECT Election Date of Result Appling 2681 Certain County Officerscompensation 6-17-64 For2543 Agn 848 Brooks 2776 City of Quitman Election Results Not Known Chatham 2288 Town of Pooler 4-15-64 For 124 Agn 61 Cherokee 2351 City of Woodstock Not held Cherokee 2431 City of Canton 4- 8-64 For 174 Agn 394 Colquitt 2305 City of Moultrie 10-20-64 For1174 Agn 613 Cook 2093 County Commissioners 3- 4-64 For2003 Agn1612 Dodge 2954 City of Empire 6- 2-64 For 55 Agn 71 Fulton 2478 City of Union City 5- 8-64 For 214 Agn 279 Fulton 2988 City of Alpharetta * * (Repealed by Ga. L. 1964, Ex. Sess., p. 2342) Gwinnett 2733 City of Suwanee 5-11-64 For 90 Agn 4 Hancock 2088 Certain County Officerscompensation 4-22-64 For 251 Agn 64 Harris 2939 Town of Pine Mountain 4-29-64 Inside: For 61 Agn 43 Outside: For 0 Agn 7 Hart 2028 Board of Finance 9- 9-64 Question A: 1,246 Question B: 873 McDuffie 2095 Board of County Commissioners 4- 1-64 For 971 Agn1720 McDuffie 2104 Tax Commissioner 4- 1-64 For 985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4- 1-64 For 982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For 110 Agn 30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9- 9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For 509 Agn 502 For 692 For 93 Pickens 2066 Board of County Commissioners 3- 4-64 For1822 Agn 144 Pickens 2078 City of Jasper 3-21-64 Inside City: For 43 Agn 3 Outside City: For 9 Agn 0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn 639 Tift 2208 City of Tifton 4-22-64 For 281 Agn 216 Tift 2361 City of Tifton 4-22-64 For 136 Agn 368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn 738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn 285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn 251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn 298 Walker 2643 Fire Prevention Districts 2-15-65 For 246 Agn 41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11- 3-64 For 933 Agn 863
Page 4338
Georgia Laws 1964, Extra Session: County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For 464 Agn 529 Barrow 2347 City of Winder 9- 9-64 For 507 Agn 372 Cobb 2075 Board of County Commissioners 7- 8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For 57 Agn 104 Troup 2256 City of Hogansville 9- 2-64 For 200 Agn 410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12- 2-64 For 216 Agn 32
Page 4339
Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11- 8-66 For 589 Agn 556 Appling 3361 Providing for an annual audit 11- 8-66 For 733 Agn 326 Baldwin 2306 City of Milledgeville 6- 2-65 For 544 Agn 462 Baldwin 2316 Board of County Commissioners 4- 7-65 For 801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For 828 Agn1198 Decatur 2819 City of Bainbridge 4- 7-65 For1148 Agn 688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For 447 Agn 472 Dooly 2582 City of Unadilla 7-20-65 For 56 Agn 115 Echols 3160 City of Statenville 7-14-65 For 72 Agn 75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn 7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn 6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For 92 Agn 123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For 51 For0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For422 McDuffie 2480 Coronercompensation 5-12-65 For 105 Agn 58 Putnam 2862 County Commissionerscompensation 6-16-65 For183 Agn 199 Thomas 2680 Creation of Fire Protection Districts 6-16-65 Fire Dist. No. 1 For 226 Agn 49 Fire Dist. No. 2 For 116 Agn 46 Fire Dist. No. 3 For 364 Agn 535 Tift 2541 Ordinarycompensation 6-16-65 For 953 Agn 353 Tift 2608 Clerk Superior Courtcompensation 6-16-65 For 952 Agn 381 Tift 2705 Tax Commissionercompensation 6-16-65 For943 Agn361
Page 4341
Georgia Laws, 1966: County Page No. SUBJECT Election Date of Result Appling 2754 Board of County Commissioners 11-8-66 For 728 Agn 479 Atkinson 2107 County Court of Atkinson County 11-8-66 For1004 Agn 704 Bartow 2144 City of Adairsville 4-2-66 For 167 Agn 48 Bartow 2454 City of Adairsville 4-2-66 For 210 Agn 105 Bryan 2466 City Court of Pembroke 9-14-66 For 368 Agn1148 Bulloch 2316 City of Statesboro 11-8-66 For 265 Agn 183 Fulton DeKalb 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 For 150 Agn 115 Habersham 2625 City of Cornelia 4-27-66 For 149 Agn 114 Habersham 3102 City of Cornelia 4-27-66 For 144 Agn 118 Habersham 3144 City of Cornelia 4-27-66 For 157 Agn 105 Hall 3305 Board of County Commissioners 11-8-66 For4842 Agn4335 Irwin 2472 Tax Commissioner 4-27-66 For 184 Agn 387 Jackson 3025 City of Jefferson Not held Jeff Davis 2352 City of Denton 4-6-66 For 162 Agn 58 Meriwether 2266 Certain County Officerscompensation 11-8-66 For1495 Agn2994 Meriwether 2521 Town of Luthersville 5-7-66 For 40 Agn 19 Meriwether 3318 City of Woodbury 5-11-66 For 27 Agn 6 Meriwether 3403 City of Greenville 5-4-66 For 24 Agn 19 Miller 2867 City of Colquitt Not held Miller 3372 Small Claims Court of Miller County 5-4-66 For 180 Agn 153 Pike 3170 City of Zebulon 4-30-66 For 89 Agn 14 Stephens 2628 County Commissioners 11-8-66 For1443 Agn1554 Wayne 3099 City of Jesup 5-25-66 For1083 Agn 603
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Georgia Laws, 1967: County Page No. SUBJECT Date of Election Result Banks 2538 County Board of Education 6-28-67 For 333 Agn 219 Banks Habersham 2610 Town of Baldwin Not held Barrow 3326 City of Statham 5-19-67 For 185 Agn 93 Ben Hill 2987 City of Fitzgerald Board of Education 6-13-67 For 179 Agn 507 Bulloch 3483 City of Statesboro 7-28-67 For 490 Agn 111 Bulloch 2997 Town of Brooklet 9- 1-67 For 33 Agn 3 Catoosa 2207 Board of County Commissioners 4-15-67 For1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For1426 Agn2993 Chattahoochee 2530 County Board of Education Not held Clarke 2929 County Board of Education 6- 7-67 For 663 Agn 570 Clarke 3215 City of Athens Not Held Cook 2507 County Board of Education 8-16-67 For 584 Agn 135 Crisp 2691 County Board of Education 9-14-67 For 266 Agn 32 Dooly 2467 City of Vienna 6-20-67 For 12 Agn 9 Dooly 2922 County Board of Education 6-20-67 For 807 Agn 173 Echols 3491 City of Statenville 5-15-67 For 62 Agn 106 Floyd 2163 City of Rome 4-26-67 For 333 Agn 794 Gordon 2898 Fire Protection Services 6-21-67 For 286 Agn 111 Henry 2595 City of Stockbridge 5-13-67 Inside City For 101 Agn 87 Outside City For 43 Agn 475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn 680 Houston 3241 County School Superintendent 11- 7-67 For1001 Agn2317 Houston 3244 County Board of Education 11- 7-67 For2559 Agn 757 Lowndes 2118 Town of Dasher 4-11-67 For 59 Agn 5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn 539 Meriwether 2011 City of Greenville 4- 3-67 For 41 Agn 0 Murray 2458 City of Chatsworth 5-31-67 For 154 Agn 19 Newton 2405 County Board of Education 5- 3-67 For1258 Agn 598 Newton 2784 Board of County Commissioners 5- 3-67 For1301 Agn 540 Pike 2448 Tax Commissioner 9- 6-67 For 454 Agn 52 Pike 3152 County Board of Education 9- 6-67 For 441 Agn 65 Polk 2718 County Board of Education 11- 5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11- 7-67 Pulaski County For 249 Agn 482 City of Hawkinsville For 466 Agn 236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition # 2 For 782 Stephens 3005 County Board of Education 5- 2-67 For 709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11- 5-68 For1097 Agn 88 Thomas 2115 City of Thomasville 3-28-67 For 841 Agn 398 Turner 2694 City of Sycamore 5-26-67 For 162 Agn 51 Union 3064 Sheriffcompensation 6-28-67 For 235 Agn 790 Whitfield 2277 City of Dalton 4-19-67 For 516 Agn 607
Page 4346
Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For 591 Agn 216 Bacon 3542 Tax Commissioner 6-11-68 For 400 Agn 321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11- 5-68 For14,736 Agn 7,193 Bleckley 2278 City of Cochran 6-19-68 For 351 Agn 781 Candler 2446 County Board of Education 5- 7-68 For 296 Agn 467 Carroll 2256 County School Superintendent 4-24-68 For 250 Agn 1,341 Carroll 2841 County Board of Education 4-24-68 For 547 Agn 1,087 Charlton 2342 City of Folkston 9-11-68 For 118 Agn 145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11- 5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For 4 Agn 20 Cherokee 3751 Cherokee County School System 11- 5-68 For 2,042 Agn 1,755 Coffee 2177 County Board of Education 4-24-68 For 546 Agn 1,101 Coffee 2181 County Commissioners 4-24-68 For 508 Agn 1,100 Colquitt 2130 City of Moultrie 4-23-68 For 540 Agn 715 Columbia 2708 County Board of Education 9-11-68 For 2,048 Agn 320 Decatur 2565 County Board of Education 5- 1-68 For 971 Agn 1,104 Decatur 2756 City of Bainbridge 6- 5-68 For 292 Agn 137 Douglas 2262 County School Superintendent 5-21-68 For 189 Agn 1,025 Douglas 3764 County Board of Education 5-21-68 For 498 Agn 686 Echols 3514 County Board of Education 11- 5-68 For 457 Agn 38 Emanuel 2487 County Board of Education 4-24-68 For 405 Agn 633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 For 723 Agn 1,212 Grady 2120 County Board of Education 5-14-68 For 2,249 Agn 717 Gwinnett 2003 Board of County Commissioners 4-10-68 For Part I4,315 For Part II1,413 Henry 3375 Board of County Commissioners 5-28-68 For 756 Agn 1,272 Irwin 2822 Tax Commissioner 5-28-68 For 191 Agn 547 Jefferson 3421 County Board of Education 11- 5-68 For 3,029 Agn 1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For 559 Agn 179 Jenkins 2965 County Board of Education 6-10-68 For 448 Agn 298 Macon 2663 Tax Commissioner 5- 1-68 For 189 Agn 261 Miller 2529 County Board of Education 5-14-68 For 667 Agn 345 Paulding 2381 County Board of Education 7- 3-68 For 233 Agn 19 Pierce 2761 County Board of Education 11- 5-68 For 812 Agn 1,377 Rabun 2272 Board of County Commissioners 4- 9-68 For 1,205 Agn 1,144 Sumter 2065 County Board of Education 5-21-68 For 626 Agn 483 Tift 2023 City of Tifton 4- 3-68 For 408 Agn 310 Toombs 3424 County Board of Education 5-29-68 For 65 Agn 772 Walker 2152 City of Lookout Mountain 5- 9-68 For 299 Agn 252 Walker 2235 County Board of Education 5- 9-68 For 1,155 Agn 887 Walton 2974 County Board of Education 6-18-68 For 1,709 Agn 265 Wayne 3361 County Board of Education 9-11-68 For 1,140 Agn 614 Whitfield 3065 City of Varnell 5-23-68 For 41 Agn 5 Wilkes 3462 Town of Rayle 5-17-68 For 43 Agn 4
Page 4350
Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For 180 Agn 277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For 514 Agn 295 Butts 2456 County Board of Education 5-22-69 For 422 Agn 566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5- 6-69 For 326 Agn 86 Charlton 2665 County Board of Education 7-15-69 For 143 Agn 287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For 1600 Agn 718 Sec. 2 For 624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For 773 Agn 179 Colquitt 2559 County Board of Education 6- 4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7- 2-69 For 113 Agn 584 Crisp 3806 City of Cordele 6-18-69 For 299 Agn 245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For 15 Agn 130 Tract No. 2 For 40 Agn 103 Effingham 3964 City of Guyton 6- 4-69 For 128 Agn 179 Fannin 2637 Tax Commissioner 11- 3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11- 3-70 For 1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For 3 Agn 2 Sec. 2Bohannon Rd. For 8 Agn 1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For 289 Agn 127 Outside city limits: For 22 Agn 198 Gilmer 2606 City of Ellijay 6-25-69 For 139 Agn 288 Hall 2346 City of Murrayville 6-11-69 For 81 Agn 104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For 2134 Agn 694 County vote: For 38 Agn 205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For 88 Agn 171 Laurens 2270 City of Dublin 5-28-69 For 121 Agn 106 Lincoln 3352 County Treasurer 11- 3-70 For 601 Agn 742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn 7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For12,379 Agn 2,778 Muscogee County: For12,508 Agn 2,989 Pickens 3066 County School Superintendent 7- 2-69 For 52 Agn 885 Putnam 2670 Sheriffcompensation 6-12-69 For 282 Agn 409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For 372 Agn 328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For 283 Agn 408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For 218 Agn 470 Putnam 3900 Coronercompensation 6-12-69 For 290 Agn 403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For 271 Agn 82 Pulaski County: For 35 Agn 162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For 795 Agn 447 Seminole 2590 Small Claims Court of Seminole County 6- 4-69 For 221 Agn 175 Stewart 2264 County Board of Education 5-14-69 For 91 Agn 12 Telfair 3641 County Board of Education 8-26-69 For 277 Agn 437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For 645 Agn 578 Proposed Area: For 433 Agn 499 Toombs 3241 City of Lyons 6-25-69 For 3 Agn 0 Toombs 3244 City of Lyons 6-25-69 For 2 Agn 34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For 84 Agn 11 Walker 4014 City of Rossville 7- 5-69 For 118 Agn 293
Page 4354
Georgia Laws, 1970: County Page No. SUBJECT Date of Election Result Baldwin 2951 County Board of Education 11- 3-70 For2525 Agn1630 Banks Jackson 3000 Town of Maysville 6-10-70 For57 Agn51 Bryan 3191 City of Richmond Hill 5-26-70 For84 Agn154 Bulloch 2790 County Board of Education 6-10-70 For903 Agn698 Calhoun 2361 Sheriff Personnel 4-23-70 For121 Agn120 Camden 3278 Tax Commissioner 11- 3-70 For648 Agn476 Carroll 2856 City of Temple Election Results Not Known Carroll 3362 Town of Bowdon 5-20-70 For49 Agn114 Charlton 3270 County Board of Education 5-19-70 For293 Agn307 Charlton 3274 County Commissioners 5-19-70 For272 Agn328 Chatham 2018 Town of Thunderbolt 4-14-70 For306 Agn29 Chatham 2080 City of Savannah Beach-Tybee Island 4- 6-70 For339 Agn205 Clarke 2985 County School District Tax 11- 3-70 For9185 Agn3707 Coffee 2441 County Board of Education 4-30-70 For1469 Agn1409 Colquitt 2579 County Commissioners 5-19-70 For1285 Agn773 Colquitt 2582 County Board of Education 5-19-70 For1463 Agn595 Elbert 2321 County Treasurer 11- 3-70 For1589 Agn1228 Emanuel 2150 County School Superintendent 4- 7-70 For383 Agn1701 Emanuel 2153 County Board of Education 4- 7-70 Proposal #11389 Proposal #2539 Proposal #3173 Gordon 2657 County Board of Education 9- 9-70 For1798 Agn868 Habersham 3091 City of Cornelia 5-20-70 For166 Agn42 Habersham 3094 City of Cornelia 5-20-70 For121 Agn88 Houston 2965 County Board of Education 5-12-70 For1682 Agn1073 Jackson 3407 City of Commerce Election Results Not Known Jackson 3415 City of Commerce Election Results Not Known Lanier 2709 County Board of Education 11- 3-70 For election: 289 For Appointment: 240 Liberty 2053 City of Hinesville 3-26-70 For520 Agn402 Meriwether 3039 City of Woodbury 5-12-70 Inside City: For83 Agn60 Outside City: For3 Agn32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn350 Monroe 3030 County Board of Education 11- 3-70 For 815 Agn 503 Murray 2365 City of Chatsworth 5- 9-70 For 133 Agn 260 Peach 2647 County Board of Education 6-10-70 For 544 Agn 198 Pulaski 2880 Fire Protection Districts 5-19-70 For 142 Agn 140 Spalding 2651 City of Griffin 11- 3-70 For2117 Agn1510 Stephens 2643 Board of County Commissioners 5- 5-70 For 822 Agn1743 Stephens 2436 County Board of Education 5- 5-70 For1136 Agn1466 Tattnall 2033 City of Glennville 3-24-70 For 269 Agn 123 Thomas 3369 Board of County Commissioners 5-26-70 For 920 Agn2460 Troup Harris 3476 City of West Point 5-27-70 Troup County For 11 Agn 0 Harris County For 15 Agn 0 City West Point For 83 Agn 3 Walton 2292 City of Social Circle Election Results Not Known Wayne 2067 City of Jesup Not held Wayne 3251 Wayne County Hospital Authority 11- 3-70 For807 Agn1113 Washington 3104 County Board of Education 6- 3-70 For 439 Agn 537
Page 4357
Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result Berrien 3044 County Board of Education 5-19-71 For 395 Agn 219 Bibb 3926 County Board of Education 11- 2-71 * * County vote: For: 1,707 Agn: 2,369 City vote: For: 3,263 Agn: 2,961 * Ga. L. 1971, ex. sess. p. 2136 supersedes, this Act Bleckley 3995 City of Cochran 7-21-71 For 115 Agn 289 Brooks 2892 County Board of Education 6- 9-71 For 215 Agn 526 Brooks 3278 City of Quitman 6-15-71 For 82 Agn 259 Burke 3328 City of Waynesboro 6-15-71 For 74 Agn 16 Butts 3762 County Board of Education Not Held Clarke 2042 Consolidation of City-County Government 5-24-72 See Below * Clarke 2691 County Board of Education Not Held Coweta 2003 City of Newnan 5-12-71 For 335 Agn 1,427 Decatur 2649 County Board of Education 4-29-71 For 766 Agn 496 Decatur 2667 Small Claims Court of Decatur County 4-29-71 For 713 Agn 547 Gilmer 3471 County Board of Education 6-16-71 For 107 Agn 90 Glynn 3550 City of Brunswick 6-15-71 For 102 Agn 266 Grady 2967 County School Superintendent 7-20-71 For 625 Agn 1,049 Gwinnett 3613 City of Duluth 6- 7-71 For 1 Agn 35 Gwinnett 4042 City of Duluth 6- 7-71 For 1 Agn 46 Gwinnett 4047 City of Duluth 6- 7-71 For 6 Agn 73 Harris 2804 City of Shiloh Not Held Heard 2029 County Commissioner 5-19-71 For 675 Agn 713 Houston 3580 City of Warner Robins 2-29-72 For 694 Agn 734 Jones 3396 County Board of Education 5-26-71 For 656 Agn 543 Lamar 2710 County Board of Education, etc. 5-14-71 For 999 Agn 540 Lee 3976 City of Leesburg 7- 6-71 Present City limits For 14 Agn 72 Proposed City limits For 1 Agn 14 Mitchell 2017 City of Pelham 4-21-71 For 408 Agn 26 Monroe 3071 County Commissioners 11- 7-72 For 540 Agn 1,319 Monroe 3381 County Commissioners 11- 7-72 For 572 Agn 1,324 Murray 2120 County Board of Education Not Held Newton 2881 County Board of Education 6-16-71 For 285 Agn 137 Pierce 2492 Ordinary 11- 7-72 For 768 Agn 540 Pierce 2496 Sheriff 11- 7-72 For 813 Agn 477 Pierce 2888 County CommissionerChrm. 11- 7-72 For 683 Agn 642 Pike 3686 City of Zebulon 6-19-71 For 52 Agn 23 Polk 3708 City of Rockmart 10- 2-71 For 586 Agn 254 Polk 3770 City of Aragon 6- 2-71 For 133 Agn 85 Richmond 2123 Richmond County/City Augusta 5-25-71 Richmond County For 5,834 Agn10,779 City of Augusta For 6,415 Agn 6,481 Stephens 3118 County Board of Education, etc. 6-22-71 For 1,403 Agn 1,855 Telfair 3448 Board of County Commissioners 7-20-71 For 441 Agn 700 Tift 2722 County Board of Education 6- 9-71 For 1,430 Agn 404 Tift 2795 County CommissionersChrm. 6- 9-71 For 1,663 Agn 273 Turner 2021 Personnel for Sheriff 4-27-71 For 427 Agn 915 Wayne 2678 Sheriff and Clerk Superior Court 11- 7-72 Sec. 1: For 1,324 Agn 931 Sec. 2: For 1,456 Agn 898 Wayne 2715 County Board of Education 8- 8-72 For 403 Agn 1,730 Bibb 2136 Board of Public Education 11- 2-71 For 10,399 Agn 4,022 DeKalb 2154 City of Doraville 12- 1-71 For 441 Agn 127 Haralson 2200 County Board of Education 1-12-72 For 284 Agn 1,043
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Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8- 8-72 For 1,309 Agn 708 Baldwin 3325 County Board of Education 11- 7-72 For 2,708 Agn 2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For 3 Agn 10 Sec. 2, Area 2 For 13 Agn 65 Sec. 3, Area 3 For 1 Agn 50 Sec. 4, Area 4 For 30 Agn 78 Sec. 5, Area 6 For 35 Agn 155 Sec. 6, Area 7 For 16 Agn 20 Bibb 2211 City of Macon-Bibb County Government 5-17-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 ----- ----- 9,581 12,104 City of Macon * * County of Bibb For Agn. City of Macon-Bibb 9,578 12,101 Outside City Limits 597 3,395 Payne City 2 35 ----- ----- 10,177 15,531 Bibb County Brantley 3141 Board of County Commissioners 8- 8-72 For 1,387 Agn 921 Brantley 3144 Salary increase for county officers 8- 8-72 For 940 Agn 1,377 Brantley 3145 Salary of deputy sheriffs 8- 8-72 For 1,262 Agn 1,059 Brantley 3147 Certain county officers compensation 8- 8-72 For 1,220 Agn 983 Brantley 3148 Clerk Superior Court Salary 8- 8-72 For 841 Agn 1,396 Brantley 3710 City of Nahunta 12- 5-73 Camden 3138 Certain county officers salary 8- 8-72 Demo. For 701 Agn 1,109 Rep. For 0 Agn 1 Camden 3705 Create Board of County Commissioners 8- 8-72 Demo. For 679 Agn 1,070 Rep. For 1 Agn 0 Camden 3714 Compensation of Tax Commissioner 8- 8-72 Demo. For 654 Agn 1,114 Rep. For 0 Agn 1 Camden 3717 County Board of Education 8- 8-72 Demo. For 683 Agn 1,050 Rep. For 1 Agn 0 Camden 3770 Small Claims Court of Camden County 8- 8-72 Demo. For 926 Agn 801 Rep. For 1 Agn 0 Chatham 3019 Savannah-Chatham County government 4-10-73 City of Savannah Chatham County Chatham 3098 Savannah-Chatham County Board of Education 5- 9-72 For20,074 Agn 7,595 Chatham 3116 Savannah-Chatham County Board of Education 5- 9-72 For 8,296 Agn19,097 Chattooga 2043 Abolish State Court Chattooga County 8- 8-72 Demo. For 2,455 Agn 2,274 Rep. For 2 Agn 2 Decatur 3288 Board of County Commissioners 5-23-72 For 668 Agn 2,687 Dodge 2329 City of Eastman 4-27-72 For 474 Agn 1,117 Dodge 3339 County Board of Education 8- 8-72 For 914 Agn 858 Douglas 3997 County Board of Education 5-16-72 For 400 Agn 620 Elbert 2479 Board of County Commissioners 8- 8-72 For 1,583 Agn 3,036 Fayette 3438 Board of County Commissioners 11- 7-72 For 668 Agn 3,138 Fayette 3435 Abolish office of county treasurer 11- 7-72 For 1,499 Agn 2,210 Floyd 3300 Abolish State Court Floyd County 11- 7-72 For 6,911 Agn 4,674 Forsyth 2065 Board of county commissioners 4-19-72 For 551 Agn 386 Gwinnett 4058 County Board of Education 5-17-72 For 989 Agn 924 Habersham 2382 City of Demorest Election Results Not Known Harris 3468 Board of County commissioners 8- 8-72 For 1,410 Agn 616 Heard 2113 Board of county commissioners 5- 3-72 For 756 Agn 732 Henry 2090 State Court of Henry County 4-19-72 For 570 Agn 1,943 Henry 2104 Board of County Commissioners 4-19-72 For 407 Agn 2,070 Houston 2399 County Board of Education 8- 8-72 For 2,853 Agn 6,462 Jeff Davis 2760 County Board of Education 8- 8-72 For 829 Agn 511 Laurens 4099 County Board of Education 8- 8-72 For 3,185 Agn 1,103 Lowndes 2696 Ordinarycompensation 11- 7-72 For 3,533 Agn 1,995 Lowndes 2701 Tax Commissionercompensation 11- 7-72 For 3,622 Agn 1,885 Lowndes 2706 Clerk Superior Courtcompensation 11- 7-72 For 3,463 Agn 2,254 McDuffie 2538 County Board of Education 6- 8-72 For 305 Agn 61 McIntosh 2849 City of Darien 6-16-72 City of Darien For 86 Agn 62 Dist. No. 271 For 7 Agn 73 Total: For 93 Agn 135 McIntosh 2852 City of Darien 11- 7-72 Not Held Macon 2322 Board of county commissioners 4-26-72 For 608 Agn 882 Madison 2547 County Board of Education 11- 7-72 For 1,060 Agn 1,785 Madison 2972 Appt. of county school superintendent 11- 7-72 For 921 Agn 2,145 Peach 3212 Appt. of county school superintendent 5-17-72 For 688 Agn 2,648 Peach 3910 City of Fort Valley 6-14-72 For 440 Agn 1,351 Pike 3003 County Board of Education 5-16-72 For 402 Agn 142 Pulaski 3244 Board of County Commissioners 5-23-72 For 399 Agn 939 Putnam 2678 County Board of Education 8- 8-72 For 1,262 Agn 831 Putnam 3833 City of Eatonton 6-13-72 For 118 Agn 28 Spalding 2418 Griffin-Spalding County Bd. of Education 5-30-72 For 452 Agn 121 Telfair 4102 County Board of Education 6-20-72 For 564 Agn 365 Thomas 3343 Create Board of County Commissioners 5-16-72 For 1,885 Agn 3,278 Tift 2908 City of Tifton 5- 3-72 For 247 Agn 498 Treutlen 2340 County Board of Education 5- 9-72 For 688 Agn 233 Treutlen 2345 Board of County Commissioners 5- 9-72 For 715 Agn 221 Walker 2647 County Board of Education 11- 7-72 For 6,373 Agn 2,129 Walton 3006 City of Social Circle 5-31-72 For 51 Agn 49 Whitfield 4017 City of Tunnell Hill 5-16-72 For 114 Agn 159 Wilcox 2495 Appt. of County School Superintendent 5-10-72 For 177 Agn 1,042 Wilkinson 3312 Appt. of County School Superintendent 11- 7-72 For 348 Agn 901 Wilkinson 333 County Board of Education 11- 7-72 For 654 Agn 608
Page 4366
This is a summary of the results of referendum elections which are of file in the office of Secretary of State. Referral to the page number, indicated in the second column, will enable the reader to determine the results of the individual referendum elections.
Page 4367
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. 1972 P. 1364) Proposed amendment to the Constitution to create a Judicial Qualifications Commission and provide for the removal, discipline, or involuntary retirement of justices and judges of courts of this State 597,670 154,961 2. (Ga. L. 1972 P. 1576) Proposed amendment to the Constitution to provide for a Board of Natural Resources. 527,373 223,935 3. (Ga. L. 1972 P. 1557) Proposed amendment to the Constitution to change the name and designation of the Department of Industry and Trade to the Department of Community Development and to change the name and designation of the Board of Commissioners of the Department of Industry and Trade to the Board of Community Development. 398,097 319,388 4. (Ga. L. 1972 P. 1537) Proposed amendment to the Constitution to change the name and designation of the State Highway Board of the State Transportation Board; to change the name and designation of Director to Commissioner; to change the reference to and designation of the State Highway Department to the Department of Transportation; and, to provide for the payment for taking or damaging private property for public road and street purposes, in order to authorize the state to require the removal of existing outdoor advertising, and the removal or screening of existing outdoor junk yards or other installations interferring with the natural beauty of the highway and surrounding landscape, so as to prevent the loss of large sums of Federal money. 500,091 230,575 5. (Ga. L. 1972 P. 1545) Proposed amendment to the Constitution to delete the name and office of Treasurer from the Constitution. 365,451 345,597 6. (Ga. L. 1972 P. 1355) Proposed amendment to the Constitution to abolish the State Board of Corrections. 332,898 383,533 7. (Ga. L. 1972 P. 1356) Proposed amendment to the Constitution to provide that the State Board of Pardons and Paroles shall be composed of not less than five or more than seven members, and to provide that future members of the Board shall serve for a period of seven years or until removed by the concurrent action of the Governor, Lieutenant Governor and Attorney General. 488,635 231,188 8. (Ga. L. 1972 P. 1523) Proposed amendment to the Constitution to provide for a new and more effective method of financing the State's needs; to prohibit State institutions, departments and agencies from entering into any contract with any public agency, corporation or authority which such contract is intended to secure debt of such agency, corporation or authority; to authorize the incurring of public debt under the new method of financing; to provide for the payment of such debt; to limit the issuance of such debt; and to create the Georgia State Financing and Investment Commission. 476,435 235,038 9. (Ga. L. 1972 P. 1563) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for relocation assistance and payments to persons displaced by public projects or programs and, in connection with the acquisition of real property for public projects and programs, the establishment and implementation of policies and practices and the payment or reimbursement of necessary expenses, so as to prevent the loss of large sums of federal money. 482,174 222,003 10. (Ga. L. 1972 P. 1555) Proposed amendment to the Constitution to authorize the General Assembly to exempt from ad valorem taxation certain property of nonprofit hospitals which have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are subject to the laws of Georgia regulating nonprofit or charitable corporations. 630,919 197,644 11. (Ga. L. 1972 P. 1548) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for a program or programs of loans, scholarships and grants, and the insuring of loans and payment of interest on loans to citizens of this State for educational purposes. 479,595 250,881 12. (Ga. L. 1972 P. 1575) Proposed amendment to the Constitution to authorize State taxation to pay the salaries of personnel and to pay for the utilization of school facilities, including school buses, for extracurricular and interscholastic activities, including literary events, music, and athletic programs within individual schools and between schools in the same or in different school systems when such activities are sponsored by local boards of education as an integral part of the total school program. 407,784 328,380 13. (Ga. L. 1972 P. 1359) Proposed amendment to the Constitution to authorize the General Assembly to provide by law for tuition grants to qualified students who are children of certain United States servicemen who were bona fide residents of this State at the time of their entry into the Armed Forces and who are certified by the United States Department of Defense or the United States Veterans Administration as missing in action for more than 90 days or captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power since 26 March 1964. 529,932 199,494 14. (Ga. L. 1972 P. 1362) Proposed amendment to the Constitution to provide that each disabled veteran who is a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicle he owns and on which he actually places the free HV vehicle license plates he receives from the State of Georgia. 555,403 190,895 15. (Ga. L. 1972 P. 1572) Proposed amendment to the Constitution to authorize State departments and State agencies to disburse State funds to match federal funds in order to provide qualified employees with subprofessional, technical and professional educational scholarships and to establish the terms and conditions of educational scholarships. 366,959 325,779 16. (Ga. L. 1971 P. 947) Proposed amendment to the Constitution to provide that federal old-age, survivor or disability benefits shall not be included in income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00 and to provide that a person 65 years of age or older, after having once received the additional homestead exemption now provided for such persons with a certain income, need not apply for such exemption each year, but must notify the tax commissioner or tax receiver in the event he is no longer eligible for such exemption. 589,872 148,225 17. (Ga. L. 1972 P. 1460) Proposed amendment to the Constitution to provide that the homestead of each resident of each independent school district who is 62 years of age or over and who has an income from all sources, including the income of certain members of the family not exceeding $6,000.00 per annum, may be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of such school system. 551,355 182,528 18. (Ga. L. 1972 P. 1463) Proposed amendment to the Constitution to provide that the homestead of each resident of each county school district who is 62 years of age or over and who has an income from all sources, including the income of certain members of the family not exceeding $6,000.00 per annum, may be granted an exemption from all ad valorem taxation for educational purposes levied for and in behalf of the school system. 529,553 195,793 19. (Ga. L. 1972 P. 1552) Proposed amendment to the Constitution to confer upon counties and municipalities, or any combination thereof, certain powers and authority to provide services; and to provide that districts may be created within which such services may be provided. 360,864 305,958 20. (Ga. L. 1972 P. 1533) Proposed amendment to the Constitution to authorize the General Assembly to provide by law, from time to time, for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system, which such system was created by law and such law provided that such system be funded wholly or partly from fines and forfeitures. 450,802 242,523 21. (Ga. L. 1972 P. 1544) Proposed amendment to the Constitution to provide for concurrent jurisdiction by the Superior and Juvenile Courts over juvenile offenders. 448,251 222,581 22. (Ga. L. 1972 P. 1550) Proposed amendment to the Constitution to provide for annual appropriations. 394,429 257,068 23. (Ga. L. 1972 P. 1535) Proposed amendment to the Constitution to change the procedure for presenting Bills and Resolutions to the Governor and for overriding Bills and Resolutions vetoed by the Governor. 322,202 339,979 24. (Ga. L. 1971 P. 938) Proposed amendment to the Constitution to allow the General Assembly to establish the residence requirements to vote, so long as at least 30 days' residence is required. 459,566 229,051
Page 4372
THEREFORE: I, Jimmy Carter, Governor of the State of Georgia, do hereby proclaim that the proposed general amendments numbered 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 24 have been ratified according to the Constitution of the State of Georgia, according to the results of the November 1972 General Election held on Tuesday, November 7, 1972, and according to the certification delivered to me by the Secretary of State of Georgia. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1973. FURTHER: I do hereby proclaim that the proposed general amendments numbered 6 and 23, not having been ratified according to the Constitution of this State, according to the results of the November 1972 General Election held on Tuesday, November 7, 1972, and according to the certification delivered to me by the Secretary of State of Georgia, 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
Page 4373
State Capitol in the City of Atlanta on this the 4th day of December, 1972, and of the Independence of the United States of America, the One Hundred and Ninety-Seventh.
Page 4374
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 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: The Secretary of State has certified to me, as Governor of the State of Georgia, the results of the 1972 General Election as required by law; and WHEREAS: The votes in favor of ratification and the votes against ratification of the proposed amendments are as follows: BALLOT NUMBER PROPOSED AMENDMENT AND POLITICAL SUBDIVISION OR SUBDIVISIONS AFFECTED FOR AGAINST 25. (Ga. L. 1971 P. 952) BARTOW COUNTY CITY OF CARTERSVILLE 892 204 Proposed amendment to the Constitution to provide that residents of the City of Cartersville 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. CHATTAHOOCHEE COUNTY 176 40 26. (Ga. L. 1972 P. 1372) Proposed amendment to the Constitution to fix the salary, and to define the operational expenses and duties of the Sheriff of Chattahoochee County. CHATTAHOOCHEE COUNTY 149 61 27. (Ga. L. 1972 P. 1375) Proposed amendment to the Constitution to create the Chattahoochee County Airport Authority. CHATHAM COUNTY 16,329 8,526 28. (Ga. L. 1971 P. 962) Proposed amendment to the Constitution to authorize the Chatham County Commissioners to district areas outside municipalities for water, sewerage, fire protection, street lighting, garbage and trash collection services and the construction and maintenance of roads, streets, curbs, gutters, and sidewalks, and to levy a tax for such purposes, subject to a vote within the district. CHATHAM COUNTY 12,473 6,272 29. (Ga. L. 1971 P. 964) Proposed amendment to the Constitution to authorize the Chatham County Commissioners and Ex Officio Judges to provide for the payment of taxes due upon real and personal property at such time, and in such manner as said county shall provide and to prorate said taxes for less than a full year when the property taxed becomes tax exempt during the year. CHATHAM COUNTY 4,474 6,343 30. (Ga. L. 1972 P. 1466) City of Savannah 9,323 2,605 Proposed amendment to the Constitution to authorize an Act of the General Assembly abolishing and consolidating into a countywide government the existing governments of Chatham County and the City of Savannah, and providing for all matters relative thereto. CHATHAM COUNTY 14,720 4,609 31. (Ga. L. 1972 P. 1493) Proposed amendment to the Constitution to abolish Recorder's Court of Chatham County and to provide that Recorder's Court of the City of Savannah, to be known as The Recorder's Court of Chatham County, shall succeed, replace and have the jurisdiction, powers and duties formerly possessed by Recorder's Court of Chatham County and to provide for additional jurisdiction of said Court and for the terms of office and the election of the judge thereof. CHATHAM COUNTY 5,108 2,776 32. (Ga. L. 1972 P. 1569) City of Savannah 6,788 2,262 Proposed amendment to the Constitution to name the acquisition, construction, improvement or modification of air or water pollution control facilities as being within the purposes of the Savannah Port Authority. CHATHAM COUNTY 33. (Ga. L. 1972 P. 1521) City of Savannah 7,122 3,629 Proposed amendment to the Constitution to authorize the Mayor and Aldermen of the City of Savannah to issue ten (10%) percent of its total unused bond capacity but not more than one million ($1,000,000.00) dollars in general obligation bonds in any fiscal year without a referendum, but subject to a public hearing and the limitations imposed, for street and drainage improvements. COBB COUNTY 34. (Ga. L. 1971 P. 966) Cobb County School District 15,782 19,203 Proposed amendment to the Constitution to authorize the General Assembly to reapportion the education districts of the Cobb County School District and to provide for the compensation, per diem, expenses and allowances of the members of the Cobb County Board of Education. COBB COUNTY 35. (Ga. L. 1972 P. 1394) City of Marietta 2,516 2,699 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 of political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Marietta to contract with the Authority and to authorize said City to levy taxes 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. COBB COUNTY 36. (Ga. L. 1972 P. 1478) City of Marietta 2,455 2,472 Proposed amendment to the Constitution to extend the period of time over which revenue bonds may be issued by the Board of Lights and Waterworks of the City of Marietta, and to provide that said board may maintain a combined utility system in behalf of the City of Marietta and prescribe rules and regulations pertaining to the operation thereof without any joint action or concurrence on the part of the governing body of the City of Marietta. COBB COUNTY 37. (Ga. L. 1972 P. 1440) City of Smyrna 2,314 450 Proposed amendment to the Constitution to authorize the Mayor and Council of the City of Smyrna to exempt from certain and valorem taxes an amount not to exceed $2,500 of the value of the homestead of certain residents of the City of Smyrna who are at least 65 years of age and who have been residents of the city for a period of not less than three years. 38. (Ga. L. 1972 P. 1410) COWETA COUNTY City of Newnan 1,840 449 Proposed amendment to the Constitution to authorize the City of Newnan and its Board of Water, Sewerage and Light Commission to combine and operate the water and sewerage system and the electric system of said City as one revenue producing utility and to issue revenue bonds for adding to, extending and improving any facility of such combined utility and to secure the payment of such bonds and interest thereon by pledging the revenues of the combined utility for that purpose. 39. (Ga. L. 1972 P. 1446) DEKALB COUNTY 35,850 57,051 AVONDALE ESTATES CHAMBLEE CLARKSTON DECATUR DORAVILLE LITHONIA PINE LAKE STONE MOUNTAIN Proposed amendment to the Constitution to authorize the governing authority of DeKalb County and the municipalities wholly in DeKalb County to establish service districts in which one or more governmental services may be provided and a tax levied on all property situated in such districts to provide for the furnishing of such facilities and services therein, which tax may be in addition to tax levied on a county-wide or municipal-wide basis. 41. (Ga. L. 1972 P. 1566) DEKALB COUNTY 31,063 58,089 Proposed amendment to the Constitution to authorize DeKalb County to issue general obligation bonds for any public purpose, except school bonds, aggregating not more than $4,000,000.00 principal in any calendar year without a referendum. 42. (Ga. L. 1971 P. 940) DEKALB COUNTY City of Decatur 2,931 730 Proposed amendment to the Constitution to provide that each resident of the City of Decatur, Georgia, who is sixty-five (65) years of age or older shall be granted an exemption from all City of Decatur, Georgia ad valorem taxes of $2,000.00 of the value on the homestead owned and occupied by said resident as a homestead within said City if the net income of said resident from all sources including the net income of the spouse of said resident and all members of the family of said resident and all members of the family of said resident who also occupy and reside at such homestead does not exceed $4,000.00 for the immediately preceding taxable year. 43. (Ga. L. 1971 P. 972) DOUGHERTY COUNTY 4,335 9,431 City of Albany Proposed amendment to the Constitution to authorize Dougherty County to levy an annual tax upon each motor vehicle licensed to operate in said County. 44. (Ga. L. 1971 P. 974) DOUGHERTY COUNTY 6,427 7,071 Proposed amendment to the Constitution to authorize Dougherty County to issue franchises for the collection of garbage in unincorporated areas of Dougherty County. 45. (Ga. L. 1972 P. 1344) DOUGHERTY COUNTY 6,566 7,147 City of Albany 6,412 5,761 Proposed amendment to the Constitution to create the Albany-Dougherty County Governmental Revision Commission and to authorize and empower such Commission to study all matters relating to the consolidation of the governments of the City of Albany and Dougherty County or the reorganization, consolidation or merger of any part or portion thereof, and to authorize said Commission to draft and submit a proposed charter consolidating, reorganizing, or merging such governments or portions thereof to the voters of the City of Albany and Dougherty County for approval or rejection. EFFINGHAM COUNTY 1,135 926 46. (Ga. L. 1972 P. 1474) Proposed amendment to the Constitution to authorize the governing authority of Effingham County to assess and collect license fees, occupational taxes, and amusement taxes upon businesses in Effingham County outside the incorporated limits of municipalities and and to regulate same. FLOYD COUNTY 8,303 3,754 47. (Ga. L. 1971 P. 968) Floyd County School District 4,624 2,486 Proposed amendment to the Constitution to provide for the recall of the clerk of the superior court, coroner, ordinary, sheriff or tax commissioner of Floyd County or any member of the county board of education. FULTON COUNTY 59,820 39,254 48. (Ga. L. 1972 P. 1437) City of Atlanta in Fulton County 38,436 21,478 City of Atlanta in DeKalb County 1,921 1,213 Proposed amendment to the Constitution to authorize Fulton County to construct, maintain and operate a system of public libraries (including any such system heretofore operated by the City of Atlanta) throughout said County and within the corporate limits of any City located wholly or partially within said County, and to authorize said County to levy taxes throughout said County for such purposes. FULTON COUNTY 60,930 33,577 49. (Ga. L. 1972 P. 1439) Proposed amendment to the Constitution to authorize the governing authority of Fulton County to maintain and operate facilities within or without the boundaries of said County for the detention, incarceration or confinement of all persons (including juveniles) subject to detention, incarceration or confinement under the laws of this State, under any County resolution or under any City ordinance; and for other purposes. FULTON COUNTY 63,441 34,983 50. (Ga. L. 1972 P. 1477) Proposed amendment to the Constitution to authorize Fulton County, with the consent of the city involved, to operate recreational programs in any city lying wholly or partially within such county and having a population of 5,000 or less. FULTON COUNTY 49,100 45,059 51. (Ga. L. 1972 P. 1481) Proposed amendment to the Constitution to authorize the governing authority of Fulton County to district said county for the purpose of providing any or all services within such districts; to authorize the levy of taxes within such districts; and to provide the procedure in connection therewith. FULTON COUNTY 52. (Ga. L. 1972 P. 1472) Fulton County School District 17,267 21,432 Proposed amendment to the Constitution to remove the millage limitation for the support and maintenance of education in the Fulton County School District. FULTON COUNTY 53. (Ga. L. 1972 P. 1515) City of Atlanta in Fulton County 43,705 16,823 City of Atlanta in DeKalb County 2,066 1,032 Proposed amendment to the Constitution to authorize the governing authority of the City of Atlanta to establish one or more historic zones in the City and enact appropriate planning and zoning ordinances applicable thereto. FULTON COUNTY 54. (Ga. L. 1971 P. 955) City of Alpharetta 435 137 Proposed amendment to the Constitution to provide that residents of the City of Alpharetta who are 65 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. FULTON COUNTY 55. (Ga. L. 1971 P. 959) City of East Point 7,348 1,799 Proposed amendment to the Constitution to provide for homestead exemption for resident homeowners of the City of East Point in an amount not to exceed Two Thousand ($2,000.00) Dollars, and an amount not to exceed Four Thousand ($4,000.00) Dollars for resident homeowners over sixty-five (65) years of age whose net income for income tax purposes does not exceed Four Thousand ($4,000.00) Dollars per annum, and to provide for homestead exemption in an amount not to exceed Ten Thousand ($10,000.00) Dollars for certain disabled veterans. FULTON COUNTY 56. (Ga. L. 1971 P. 957) City of Hapeville 1,468 279 Proposed amendment to the Constitution to provide that residents of the City of Hapeville who are 65 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 $4,000.00 from ad valorem taxation by said City. GLYNN COUNTY 2,488 2,128 57. (Ga. L. 1971 P. 975) Proposed amendment to the Constitution to authorize the governing authority of Glynn County to regulate and license businesses and persons and to levy license taxes upon businesses and persons in the unincorporated area of said county. GORDON COUNTY 2,098 1,488 58. (Ga. L. 1972 P. 1485) MURRAY COUNTY 835 612 WHITFIELD COUNTY 3,294 2,811 Proposed amendment to the Constitution to permit the establishment in Gordon, Murray and Whitfield Counties of a political subdivision having normal and extraordinary powers and to provide for the planned and orderly establishment and growth of such political subdivision as a new community; to authorize and grant to such political subdivision special powers, privileges and immunities, including powers permitting contracts governing taxation and exemptions therefrom by said political subdivision and between said political subdivision and other taxing authorities, and the powers to furnish utility services within said three counties, to own and pledge stock in corporations, to buy, sell, lease and develop real estate and, for a limited time, to incur debt and issue bonds without an election and not subject to any constitutional debt limit; to provide for the temporary government and permanent government of said political subdivision and the establishment of an industrial development authority therein; and to make other provisions in connection with the foregoing. GORDON COUNTY 59. (Ga. L. 1972 P. 1385) Gordon County School District 738 2,727 City of Calhoun School District 505 577 Proposed amendment to the Constitution to create the Gordon County School System by merging the independent school system of the City of Calhoun and the county school system of Gordon County into one school district; to create a Board of Education of said System and to provide for a School Superintendent of said System. GWINNETT COUNTY 13,978 4,401 60. (Ga. L. 1972 P. 1434) Proposed amendment to the Constitution to authorize the governing authority of Gwinnett County to provide for a system of control of dogs and cats within said county. GWINNETT COUNTY 13,342 5,601 61. (Ga. L. 1972 P. 1435) Proposed amendment to the Constitution to authorize the Board of Commissioners of Gwinnett County to provide systems of garbage disposal; to acquire and operate sanitary landfills; to provide for the division of said county into such territorial sanitation districts as said Board shall deem advisable; and to provide service charges against residents and businesses served by such garbage disposal facilities. HALL COUNTY 62. (Ga. L. 1972 P. 1379) Hall County School District 5,262 4,078 Proposed amendment to the Constitution to provide that the members of the Hall County Board of Education shall be elected by the electors of the Hall County School District, and to provide that the Hall County School Superintendent shall be appointed by the Board of Education of Hall County. HARALSON COUNTY 1,664 1,598 63. (Ga. L. 1972 P. 1429) Proposed amendment to the Constitution to authorize the governing authority of Haralson County to enter into contracts and other agreements including the execution of secururity deeds and notes pledging title to real estate and improvements thereon with powers of sale upon default of any condition, provision or obligation thereof, for any period not exceeding thirty (30) years with individuals, private firms and corporations for the lease, lease-purchase, purchase and acquisition or financing of (1) land and a building to be utilized as a county courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and to obligate said county to pay for the use of the building and related facilities from tax funds and other sources; and to provide that any obligation made by Haralson County, Georgia, hereunder shall not limit, alter or affect the right of the county to otherwise operate its financial affairs pursuant to Article VII, Section VII, Paragraphs I, II, III and IV of the Constitution. HART COUNTY 1,125 785 64. (Ga. L. 1972 P. 1497) Proposed amendment to the Constitution to create the Northeastern Hart County Water and Sewerage District encompassing those real properties in Hart County owned by Great Western-Georgia Corporation, a Georgia corporation, and to authorize the levy of taxes on the property in such District, without the allowance of any exemptions from taxation, and permit the issuance of bonds, payable from such taxes, by such District and the issuance of revenue bonds by such District not in excess of $6,000,000 principal amount to finance construction and maintenance of facilities to provide water, sewage disposal, and garbage collection services in such District, after the assent of a majority of the qualified voters voting in an election held thereon in the affected area. HENRY COUNTY 2,035 3,207 65. (Ga. L. 1972 P. 1449) Proposed amendment to the Constitution to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located in Henry County and to provide that the proceeds of such tax shall be appropriated in full to the Henry County Water and Sewerage Authority and used for water and sewerage or water or sewerage purposes and for the payment of water and sewerage revenue bonds heretofore issued and hereafter issued, from time to time, by the County and the Henry County Water and Sewerage Authority and to otherwise support and maintain the operations of a water and sewerage system in Henry County and to provide funds for making additions, extensions and improvements thereto. HOUSTON COUNTY 6,146 4,312 66. (Ga. L. 1971 P. 934) City of Perry 1,109 684 Proposed amendment to the Constitution to authorize the General Assembly to create a public authority and vest in it the authority to operate a system of telephonic communications in the Town of Perry and those areas now served by the Perry exchange. JACKSON COUNTY 2,566 1,362 67. (Ga. L. 1972 P. 1510) Proposed amendment to the Constitution to create the West Jackson Fire District to serve the municipalities of Braselton and Hoschton, the unincorporated area of the Porters Militia District, the unincorporated area of the Hoschton Militia District and that portion of the Randolph Militia District within the West Jackson Fire District, and to authorize the levying of a tax on all taxable property in the territory comprising said fire district for fire protection purposes. LAURENS COUNTY 4,302 3,386 68. (Ga. L. 1972 P. 1432) Proposed amendment to the Constitution to authorize the governing authority of Laurens County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds. LEE COUNTY 519 450 69. (Ga. L. 1972 P. 1560) Proposed amendment to the Constitution to provide that the governing authority of Lee County shall have the power, for regulatory and revenue purposes, to levy, assess and collect license fees and occupational taxes, and to regulate, any persons, firms or corporations doing business within that portion of Lee County located outside of any incorporated municipalities, except businesses which are subject to regulation by the State Public Service Commission; to provide that the governing authority shall have the right and power to classify businesses and assess different license fees and occupational taxes against different classes of businesses; to authorize the governing authority of Lee County to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of such license fees and taxes; to provide for penalties; and to repeal that portion of Article VI, Section I of the Constitution which was ratified in the general election held on November 3, 1970 (Ga. Laws 1970, p. 1066). LOWNDES COUNTY 3,362 2,137 70. (Ga. L. 1972 P. 1452) Proposed amendment to the Constitution to provide for the election of the members of the Board of Tax Assessors of Lowndes County. NEWTON COUNTY 2,437 1,177 71. (Ga. L. 1971 P. 942) Proposed amendment to the Constitution to authorize the governing authority of Newton County to establish and administer sewerage, water, sanitation, garbage collection, landfill and fire protection districts and levy taxes on the property in such districts, without the allowance of any exemptions from taxation, after the assent of a majority of the qualified voters voting in an election held thereon in the affected areas. NEWTON COUNTY 2,391 1,232 72. (Ga. L. 1971 P. 945) Proposed amendment to the Constitution to authorize the General Assembly to empower the Board of Commissioners of Newton County to license and regulate businesses in the unincorporated areas of Newton County and to levy and collect excise taxes in connection with any amusement or sporting activity in any unincorporated area of Newton County. OGLETHORPE COUNTY 920 333 73. (Ga. L. 1972 P. 1383) Proposed amendment to the Constitution to provide that there shall be a 20 mill limitation on the annual school tax levy for the support and maintenance of education in Oglethorpe County and to provide a procedure for the removal of such limitation. PAULDING COUNTY 1,922 1,175 74. (Ga. L. 1972 P. 1442) 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. PAULDING COUNTY 1,881 1,206 75. (Ga. L. 1972 P. 1444) 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; and 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. PAULDING COUNTY 76. (Ga. L. 1972 P. 1413) City of Dallas 173 133 Proposed amendment to the Constitution to create the City of Dallas 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 Dallas and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivision of the State of Georgia, public corporations and others to authorize the City of Dallas to contract with the Authority and to authorize said City to levy taxes 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 Dallas. PEACH COUNTY 2,987 769 77. (Ga. L. 1972 P. 1381) Proposed amendment to the Constitution to authorize the Board of Education of Peach County to make grants for the purpose of educating or training certain handicapped citizens of Peach County. PICKENS COUNTY 78. (Ga. L. 1971 P. 970) City of Jasper 318 50 Proposed amendment to the Constitution to provide that residents of the City of Jasper 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. PIERCE COUNTY 671 581 79. (Ga. L. 1972 P. 1368) Proposed amendment to the Constitution to authorize and empower the Board of Commissioners of Pierce County to levy, assess and collect a license fee from any person, firm or corporation who may maintain a place of business or who may in any manner engage in any type of business in any area of Pierce County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Pierce County. POLK COUNTY 80. (Ga. L. 1971 P. 980) City of Aragon 208 70 Proposed amendment to the Constitution to provide that residents of the City of Aragon who are 62 years of age or over 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, and to provide that residents of the City of Aragon who are totally disabled veterans, and who have an income from all sources, including the income of certain members of the family, not exceeding $4,000 per annum, shall be granted a homestead exemption of $10,000 from ad valorem taxation by said City. PUTNAM COUNTY 726 507 81. (Ga. L. 1972 P. 1504) City of Eatonton 679 298 Proposed amendment to the Constitution to authorize the General Assembly to provide by local Act for the creation of a Charter Commission to study all matters relating to the consolidation of the government of the City of Eatonton and Putnam County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Putnam County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Putnam County for approval or rejection in such manner as the General Assembly shall provide by said local Act. BROOKS COUNTY 82. (Ga. L. 1972 P. 1458) City of Quitman 299 413 Proposed amendment to the Constitution to authorize the City of Quitman and its governing authority to combine and operate the water and sewerage system, the electric system and the gas system of said City as one revenue-producing utility and to issue revenue bonds without an election for acquiring, adding to, extending and improving any facility of such combined utility and to secure the payment of such bonds and interest thereon by pledging the revenues of the combined utility for that purpose. RICHMOND COUNTY 8,504 10,827 83. (Ga. L. 1971 P. 936) Proposed amendment to the Constitution to exempt the capital improvements of certain manufacturing establishments and certain additions thereto from all Richmond County ad valorem property taxes, except school taxes, for a period of five years following their establishment or addition. RICHMOND COUNTY 10,360 2,878 84. (Ga. L. 1972 P. 1456) Proposed amendment to the Constitution to provide that the tax commissioner of Richmond County shall be authorized to accept personal checks for the payment of the registration of motor vehicles and the sale of license plates therefor. SCREVEN COUNTY 938 304 85. (Ga. L. 1972 P. 1465) Proposed amendment to the Constitution to authorize the governing authority of Screven County to develop a system of solid waste collection and disposal and expend county funds therefor. SPALDING COUNTY 86. (Ga. L. 1971 P. 935) City of Griffin 2,083 903 Proposed amendment to the Constitution to authorize an increase in retirement benefits of retired employees of the City of Griffin. SUMTER COUNTY 87. (Ga. L. 1972 P. 1392) Sumter County School District 699 1,320 Americus School District 1,201 1,389 Proposed amendment to the Constitution to authorize the General Assembly to provide by law for the merger of the Independent School System of the City of Americus and the existing Sumter County School System into one system, coextensive with the limits of Sumter County. SUMTER COUNTY 88. (Ga. L. 1972 P. 1483) City of Americus 595 1,706 Proposed amendment to the Constitution to provide for the establishment of a Downtown Americus Development Authority and to provide for the powers, duties, and responsibilities of said Authority. TOOMBS COUNTY 89. (Ga. L. 1972 P. 1370) Toombs County School District 912 562 Proposed amendment to the Constitution to authorize the General Assembly to provide for the election of the members of the Board of Education of Toombs County by the people. TROUP COUNTY 4,911 2,020 90. (Ga. L. 1972 P. 1367) Proposed amendment to the Constitution to authorize the governing authority of Troup County to assess and collect license fees from all persons, firms and corporations maintaining a place of business in said county outside the corporate limits of any municipality located therein. TROUP COUNTY 4,976 1,890 91. (Ga. L. 1972 P. 1473) Proposed amendment to the Constitution to authorize the clerk and deputy clerks of the Small Claims Court of Troup County to issue criminal warrants and to administer oaths and to take affidavits and issue garnishments, summonses and subpoenas. WHITFIELD COUNTY 93. (Ga. L. 1971 P. 977) City of Dalton 1,082 1,962 Proposed amendment to the Constitution to authorize the Board of Water, Light and Sinking Fund Commissioners of the City of Dalton to operate a system of telephonic communications and issue revenue bonds to finance such activities. WILKES COUNTY 94. (Ga. L. 1972 P. 1518) Wilkes County School District 892 485 Proposed amendment to the Constitution to provide for a different method of electing members of the Wilkes County Board of Education.
Page 4392
THEREFORE: I, Jimmy Carter, Governor of the State of Georgia, do hereby proclaim that the proposed amendments to the Constitution which are not general numbered 25, 26, 27, 28, 29, 31, 32, 33, 37, 38, 42, 46, 47, 48, 49, 50, 51, 53, 54, 55, 56, 57, 58, 60, 61, 62, 63, 64, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 84, 85, 86, 89, 90, 91 and 94 have been ratified according to the Constitution of the State of Georgia, according to the results of the November 1972 General Election held on Tuesday, November 7, 1972, and according to the certification delivered to me by the Secretary of State of Georgia. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1973. FURTHER: I do hereby proclaim that the proposed amendments to the Constitution which are not general numbered 30, 34, 35, 36, 39, 41, 43, 44, 45, 52, 59, 65, 82, 83, 87, 88 and 93, not having been ratified according to the Constitution of this State, according to the results of the November 1972 General Election held on Tuesday, November 7, 1972, and according to the certification delivered to me by the Secretary of State of Georgia, 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,
Page 4393
at the State Capitol in the City of Atlanta on this the 29th day of December, 1972, and of the Independence of the United States of America, the One Hundred and Ninety-Seventh.
Page 4394
A PROCLAMATION BY THE GOVERNOR: WHEREAS: An amendment to the Constitution of Georgia of 1945, as amended, was proposed by Resolution in the House of Representatives and in the Senate of the State of Georgia, and was 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 was thereafter designated Resolution Act No. 235; and WHEREAS: The Governor, the Attorney General and the Secretary of State met and determined that said proposed amendment was not general and determined that said proposed amendment directly affected DeKalb County and all municipalities wholly in DeKalb County; and WHEREAS: Said proposed amendment was 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 designated on the General Election Ballot as Amendment Number 40 as follows: H.R. 859-2043 Res. Act 235 (Ga. L. 1972 P. 1490) Shall the Constitution be amended so as to provide that the governing authority of DeKalb County and any city located wholly within the county, may charge a tax on the wholesale sales and to levy excise tax and licenses, or both, on the retail sale of alcoholic beverages, malt beverages, liquors and wines, and after deducting not more than 5% of the total receipts for the necessary cost of collecting and the administration of the regulations governing such sales, shall pay over to the school system providing local education to the area from which the tax or license fee was drawn, one-half of the net revenues collected, which may exceed the provisions of the Constitution limiting the millage for which educational taxes may be levied, and DeKalb County shall provide such portion as its governing authority may determine to be allocated to and used for the treatment and rehabilitation of chronic users of alcoholic beverages and liquors? and WHEREAS: Said proposed amendment was ratified by a majority of the electors qualified to vote thereon in each election district and political subdivision directly affected; and
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WHEREAS: The votes in favor of ratifying and the votes against ratifying said proposed amendment are attached to this Proclamation and made a part hereof, the same having been certified to the Governor by the Secretary of State of Georgia. NOW, THEREFORE, I, Jimmy Carter, Governor of the State of Georgia, do hereby proclaim said proposed amendment, having been ratified according to the Constitution of the State of Georgia, according to the results of the November 1972 General Election, and according to the certification delivered to me by the Secretary of State of Georgia, to be a part of the Constitution of the State of Georgia effective January 1, 1973. 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 29th day of December, 1972, and of the Independence of the United States of America, the One Hundred and Ninety-Seventh.
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OFFICE OF SECRETARY OF STATE I, BEN W. FORTSON, JR., Secretary of State of the State of Georgia, do hereby certify, that the attached two pages of photographed matter constitute a true and correct copy of the votes cast for and against Constitutional Amendment Number Forty (House Resolution No. 859-2043, Resolution Act No. 235) in each Election District in DeKalb County in the November 7, 1972, General Election, as same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 29th day of December, in the year of our Lord One Thousand Nine Hundred and Seventy-two and of the Independence of the United States of America the One Hundred and Ninety-seventh. DEKALB COUNTY ELECTION DISTRICTS FOR AGAINST Alexander 248 118 Ashford Park 816 330 Atherton 830 320 Avondale 1,098 347 Briarcliff 535 206 Briarlake 1,041 297 Briar Vista 585 222 Brockett 447 202 Brookhaven 855 406 Canby 889 347 Casa Linda 488 160 Cedar Grove 543 208 Chamblee 514 224 Chapel Hill 1,470 560 Clarkston 1,606 498 Clifton 764 325 College Heights A 94 42 College Heights B 0 0 Columbia 957 290 Coralwood 531 131 Cross Keys 875 358 Decatur-Clairmont 773 227 Decatur-Glenwood 213 86 Diamonds 148 92 Doraville 853 312 Durham 583 250 East Atlanta A 0 0 East Atlanta B 0 0 East Lake A 7 11 East Lake B 0 0 Eastland 298 153 Eastwyck 471 199 Edgewood A 0 0 Edgewood B 0 0 Edgewood C 0 0 Emory 864 262 Evans A 1,360 494 Evansdale 1,337 427 Fernbank A 943 257 Fernbank B 0 0 Fernbank C 172 34 Forrest Hills 351 155 Gainesborough 798 255 Gatewood 408 146 Gresham Park 694 317 Harts Mill 552 190 Hawthorne 885 249 Henderson 1,752 546 Heritage 968 310 Hightower 487 190 Hooper-Alexander 373 155 Huntley Hills 721 276 Idlewood 1,395 475 Jim Cherry 422 174 Johnson Estates A 674 262 Johnson Estates B 0 0 Kelley Lake 281 139 Kittredge 974 249 Knollwood 626 236 Lakeside 853 263 Laurel Ridge 866 264 Leslie J. Steele 238 132 Lindmoor 671 263 Lithonia 799 397 Margaret Harris 825 292 Mason Mill 725 229 McAfee 267 137 McLendon 535 199 McWilliams 733 290 Medlock 704 208 Midway Heights 639 269 Montclair 951 411 Montgomery 1,204 356 No. Kirkwood A 17 1 No. Kirkwood B 0 0 North Lake 1,070 333 Northwoods 841 237 Oakcliff 728 275 Oak Grove 689 223 Oakhurst 265 78 Parkview 54 31 Peachcrest 546 255 Peeler 1,854 600 Phillips 96 41 Pine Lake 1,490 538 Pleasantdale 729 259 Ponce de Leon 507 155 Redan 455 218 Rehoboth 616 208 Rowland 1,186 400 Sagamore 1,049 314 Scott 1,066 346 Scottdale 513 213 Shallowford 2,076 638 Silver Lake 588 214 Skyhaven 403 186 Skyland 1,017 491 Smoke Rise 1,186 354 So. Kirkwood A 0 0 So. Kirkwood B 0 0 South Chamblee 408 224 S. W. DeKalb 1,737 606 Stone Mountain 770 294 Terry Mill 286 169 Tilson 191 130 Toney 332 147 Towers 373 129 Tucker 897 294 W. D. Thomson 476 152 Wadsworth 540 216 Warren 515 192 Westchester 505 139 Winnona 457 120 Woodward 524 198 TOTAL 72,631 26,047
Page 4400
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 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 amendment to the Constitution was not general and have determined the political subdivision or subdivisions directly affected by said proposed amendment; and WHEREAS: Said proposed amendment was published 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 WARE COUNTY 4,034 2,831 92. (Ga. L. 1972 P. 145) Proposed amendment to the Constitution to authorize the governing authority of Ware County to issue general obligation bonds for the purpose of establishing education facilities beyond the twelfth grade and to levy taxes for the payment of such bonds.
Page 4401
THEREFORE: I, Jimmy Carter, Governor of the State of Georgia, do hereby proclaim that the proposed amendment which is not general numbered 92 has been ratified according to the Constitution of the State of Georgia, according to the results of the November 1972 General Election held on Tuesday, November 7, 1972, and according to the certification delivered to me by the Secretary of State of Georgia. Unless the amendment itself shall provide otherwise, it shall become effective on January 1, 1973. 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 4th day of December, 1972, and of the Independence of the United States of America, the One Hundred and Ninety-Seventh.
Page 4402
A PROCLAMATION BY THE GOVERNOR: WHEREAS: A Proclamation was issued by me, dated December 29, 1972, proclaiming the passage or defeat of certain local Constitutional Amendments according to the results of the 1972 General Election as certified to me by the Secretary of State; and WHEREAS: Based upon the certification received from the Secretary of State, Amendment No. 30, pertaining to the consolidation of the existing governments of Chatham County and the City of Savannah, was proclaimed as not having been ratified; and WHEREAS: An amended certification has been received from the Secretary of State based upon an amended consolidated county return received from the Honorable Shelby Myrick, former Ordinary of Chatham County, Georgia, which reads in part as follows: CONSTITUTIONAL AMENDMENT NUMBER 30 Shall the Constitution be amended so as to authorize an Act of the General Assembly abolishing and consolidating into a countywide government and existing governments of Chatham County and the City of Savannah, and providing for all matters relative thereto? Chatham County FOR AGAINST 13,797 8,948 City of Savannah FOR AGAINST 9,323 2,605 and WHEREAS: Said amended certification also includes a correction in the vote totals pertaining to Amendment No. 32, and reads in part as follows: CONSTITUTIONAL AMENDMENT NUMBER 32 Shall the Constitution of the State of Georgia be amended so as to name the acquisition, construction, improvement or modification of air or water pollution control facilities as being within the purposes of the Savannah Port Authority? Chatham County FOR AGAINST 11,896 5,038 City of Savannah FOR AGAINST 6,788 2,262 THEREFORE: Pursuant to the authority vested in me as Governor of the State of Georgia, it is hereby proclaimed that Constitutional Amendment No. 30 as shown on the ballot in the 1972 General Election, referred to hereinabove, having been ratified according to the Constitution of
Page 4403
the State of Georgia, according to the results of the November 1972 General Election held on Tuesday, November 7, 1972, and according to the amended certification delivered to me by the Secretary of State of the State of Georgia, is a part of the Constitution of the State of Georgia. FURTHER: The Proclamation issued by me dated December 29, 1972, is hereby amended to show the correct vote totals pertaining to Constitutional Amendment No. 30 and Constitutional Amendment No. 32 as certified to me by the Secretary of State in his certification dated May 10, 1973, and set forth above. 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 11th day of May, 1973, and of the Independence of the United States of America, the One Hundred and Ninety-Seventh.
For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State