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 19750000 English

Page 2501

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1975 19750000 Compiled and Published by Authority of The State

Page 2502

Compiler's Note To speed publication, the Acts and Resolutions of the 1975 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 1664. The proposed amendments to the Constitution, were grouped together beginning at page 1666 of Volume One and are followed by a complete index. This volume is bound separately. The Acts and Proclamation of the Extraordinary Session of June 23, 1975 are grouped together beginning on page 1728 of Volume One. Local and Special Acts and Resolutions were grouped in one volume beginning on page 2503. Revisions and amendments of municipal charter 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 4752. These were filed in the office of the Secretary of State during 1974 and 1975. Home Rule Actions by Counties filed in the office of Secretary of State during 1974 and 1975 are printed in Volume Two beginning on page 4732. Except for the index contained in Volume I, there are no intervening pages between 1887 and 2503. 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.

Page 2503

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1975 BEN HILL COUNTYBOARD OF COMMISSIONERSADMINISTRATIVE OFFICER PROVIDED, ETC. No. 7 (House Bill No. 79). An Act to amend an Act creating a Board of Commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended, so as to provide that the Ben Hill County Commissioners may provide for a full time Administrative Officer for the County; to provide for the duties and salary of said Officer; to change the compensation provisions relating to said Board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914,

Page 2504

p. 232), as amended, is hereby amended by adding a new section between sections 17 and 18, to be designated section 17A, to read as follows: Section 17A. Be it further enacted by the Authority aforesaid that the Board of Commissioners may, at the first regular meeting of the Board in January of each year, or at any regular meeting of the Board held during the year 1975, provide by resolution that a Chief Administrative Officer of the County shall be appointed by the Board of Commissioners who shall devote his full time to the duties of his office. Said Administrative Officer may be selected from the existing members of the Board or he may be a competent person who is not a Member of the Board of Commissioners. In the event the Board shall provide for such Administrative Officer, the Board may further provide for his salary to be not less than $6,000.00 nor more than $12,000.00 per year, said salary to be paid in equal monthly installments. At the first regular meeting in each month said Administrative Officer shall render to the Board of Commissioners a statement of travel expenses and costs incurred by him during the previous month and upon approval by the Board he shall be paid or reimbursed therefor in the same manner as are general expenses of the County approved and paid. In the event the person selected by the Board to be said Administrative Officer shall be a member of said Board, then the compensation as provided by this Section shall be in lieu of any and all other compensation said Officer shall be entitled to receive as a Member of the Board of Commissioners. The powers conferred by this Section shall not be construed as making it mandatory that the Board appoint an Administrative Officer and if such Officer is appointed for any particular year it shall not be mandatory that he be reappointed for any subsequent year or that any person be appointed for any subsequent year. Any such appointment made by the Board pursuant to this Section shall apply only to the calendar year in which such resolution is passed and the Board shall not be required to reappoint any person for any subsequent year nor shall the Board be required in any year to provide for the appointment of such Administrative Officer. Administrative Officer.

Page 2505

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 at the regular 1975 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 Ben Hill, approved August 15, 1914, (Ga. L. 1914, p. 232), as amended so as to provide that the Ben Hill County Commissioners may provide for a full time Administrative Officer for the County; to change the compensation of the members of said Board; to repeal conflicting laws; to provide an effective date; and for other purposes. Georgia, Ben Hill County. Personally appeared before the undersigned an officer authorized to administer oaths, Gerald W. Pryor, who upon being duly sworn on oath says that he is publisher and editor of the Fitzgerald Herald and Leader, a newspaper having general circulation and whose principal place of business is in said county and which newspaper is the legal organ for Ben Hill County, Georgia, and that the attached notice of intention to introduce local legislation was published in the Fitzgerald Herald and Leader on the following dates: December 19, 1974, December 26, 1974, January 2, 1975. /s/ Gerald W. Pryor Sworn to and subscribed before me, this 6th day of Jan., 1975. /s/ Mrs. Gussie Adams Notary Public, Ben Hill County, Georgia. My Commission expires August 3, 1976. (Seal) Approved February 20, 1975.

Page 2506

DOUGLAS COUNTYBOARD OF COMMISSIONERSMEMBERSHIP INCREASED, ETC.REFERENDUM. No. 8 (House Bill No. 141). An Act to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended by an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2299), an Act approved March 7, 1955 (Ga. L. 1955, p. 3100), an Act approved March 17, 1960 (Ga. L. 1960, p. 2701), an Act approved March 18, 1964 (Ga. L. 1964, p. 3084), an Act approved March 18, 1968 (Ga. L. 1968, p. 2294), and an Act approved March 15, 1973 (Ga. L. 1973, p. 2120), so as to increase the number of members of the Board of Commissioners of Douglas County; to change the method and procedures connected with the election of members of the Board of Commissioners; to provide for initial and regular terms of office; to provide for Commissioner districts and posts; to provide for the election of the Chairman of the Board; to change the provisions relating to meetings of the Board of Commissioners; to provide for notices and the publication of notices of meetings; to change the compensation of members of the Board of Commissioners; to provide that the provisions of this Act shall not affect the terms of office of certain members of the Board of Commissioners; to provide for a referendum; to provide for 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 creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended by an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2299), an Act approved March 7, 1955 (Ga. L. 1955, p. 3100), an Act approved March 17, 1960 (Ga. L. 1960, p. 2701), an Act approved March 18, 1964 (Ga. L. 1964, p. 3084), an Act approved March 18, 1968 (Ga. L. 1968, p. 2294), and an Act

Page 2507

approved March 15, 1973 (Ga. L. 1973, p. 2120), is hereby amended by striking from section 2 the following: three, and inserting in lieu thereof the following: five, so that when so amended, section 2 shall read as follows: Section 2. There is hereby created a Board of Commissioners of Roads and Revenues for Douglas County to be composed of five members. In order to be eligible to serve on said Board, a person must have resided in Douglas County for a period of five years, and must be qualified to vote for members of the General Assembly. Membership. Section 2. Said Act is further amended by striking section 3 in its entirety and inserting in lieu thereof a new section 3, to read as follows: Section 3. (a) For the purpose of electing members of the Board of Commissioners of Douglas County, Douglas County shall be divided into two commissioner districts as follows: Commissioner District No. 1. Commissioner District No. 1 shall be composed of all that territory within Douglas County embraced within Militia District No. 730 (Douglasville), Militia District No. 1259 (Conners) and Militia District No. 1271 (Middle); Districts. Commissioner District No. 2. Commissioner District No. 2 shall be composed of all that territory within Douglas County embraced within Militia District No. 736 (Chapel Hill), Militia District No. 784 (Chestnut Log), Militia District No. 1260 (Fairplay), Militia District No. 1272 (Crombies) and Militia District No. 1273 (Salt Springs). (b) For the purpose of electing members of the Board of Commissioners, there are hereby created five posts on the

Page 2508

Board to be designated Post No. 1, Post No. 2, Post No. 3, Post No. 4 and Post No. 5. All candidates offering for election as members of the Board shall designate the post for which he seeks election. One member of the Board shall be elected for each post. The member elected to Post No. 1 shall be the Chairman of the Board and may reside anywhere within the county. Candidates elected to Post No. 2 and Post No. 3 shall be elected from Commissioner District No. 1. Candidates elected to Post No. 4 and Post No. 5 shall be elected from Commissioner District No. 2. The members of the Board shall be elected by the voters of the entire county, but candidates may not offer for election to said Board from any Commissioner District other than the district in which their legal residence lies. To be elected 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. Section 3. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. At the general election conducted in 1976, four members shall be elected to the Board of Commissioners. The commissioner who was elected at the general election in 1974, for a four year term of office shall continue in office until the expiration of the term of office to which he was elected, and such commissioner shall be designated as the commissioner from Post No. 2. At the 1976 general election a commissioner shall be elected from Post No. 1, who shall be the chairman, and from Post No. 3 and Post No. 4 for a term of office of four years each and until their respective successors are duly elected and qualified. At the 1976 general election a commissioner shall be elected from Post No. 5 for a term of office of two years and until his respective successor is duly elected and qualified. Following the initial terms herein specified, successors to the county commissioners shall be elected in the general election preceding the expiration of their respective terms of office, for terms of office of four years each and until their respective successors are duly elected and qualified. All members shall take office on the first day of January following their election. Terms.

Page 2509

Section 4. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. Said Board shall meet at least twice each month at the courthouse. The time, date and location of any regular or special meeting of the Board of Commissioners shall be published in the legal organ of the county at least 24 hours in advance of such meeting. The Chairman shall be the financial officer of said Board, and shall receive all funds payable to said Board or for the benefit thereof, and before entering upon his duties shall give bond in the sum of $10,000.00, payable to the Judge of the Probate Court of said County of Douglas, for the use and benefit of the county, conditioned for the faithful performance of his duties and a just and true accounting for all funds received. Surety on said bond shall be a surety company authorized to do business in the State of Georgia, and the premium for said bond shall be paid by Douglas County. No other member of said Board shall receive or be custodian for any funds belonging to the County of Douglas, unless expressly authorized by proper action of said Board of Commissioners, in which event, the amount of bond shall be fixed at the time said member or members authorized to receive funds and become custodian thereof. Meetings. 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 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. Each of the other members of the Board shall be compensated in the amount of $100.00 per month 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

Page 2510

of the Board shall be subject to the approval of the entire Board. Any other provision of this Section to the contrary notwithstanding, the compensation of any member of the Board in office on January 1, 1976, shall not be reduced below the total compensation and expenses authorized for such member on December 31, 1975, by the provisions of this section during the term of office which such member is then serving, but any member elected to succeed such member shall be compensated as provided in this section. Salaries. Section 6. The provisions of this Act shall not affect the term of office of any member of the Board of Commissioners of Douglas County who is in office on the date this Act is approved by the Governor or otherwise becomes law without his approval. Exemptions. Section 7. If this Act is approved in the referendum provided for in section 8, the provisions of sections 2 and 3 shall become effective on January 1, 1976, for the purpose of conducting the elections for the Board of County Commissioners, and the provisions of sections 1, 4 and 5 shall become effective on January 1, 1977. The remaining sections of this Act shall become effective immediately. 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 its otherwise becoming law without his approval, it shall be the duty of the Judge of the Probate Court of Douglas County to issue the call for an election for the purpose of submitting this Act to the voters of Douglas County for approval or rejection. The Judge of the Probate Court 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 Judge of the Probate Court 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

Page 2511

organ of Douglas County. The ballot shall have written or printed thereon the following: () YES () NO Shall the Act increasing the size of the Board of Commissioners of Douglas County from three members to five 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 Douglas County. It shall be the duty of the Judge of the Probate Court 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 Judge of the Probate Court to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 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 1975 session of the General Assembly of Georgia a bill, to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended; and for other purposes. This 20th day of December, 1974. Thomas M. Kilgore Representative, 65th District Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 2512

duly authorized to administer oaths, Thomas Mac Kilgore 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 Douglas County Sentinel which is the official organ of Douglas County, on the following dates: December 26, 1974, January 2, 9, 1975. /s/ Thomas M. Kilgore Representative, 65th District Sworn to and subscribed before me, this 14th day of January, 1975. Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 20, 1975. DOUGLAS COUNTYBOARD OF COMMISSIONERSRECALL PROVISIONS MADE. No. 9 (House Bill No. 142). An Act to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended by an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2299), an Act approved March 7, 1955 (Ga. L. 1955, p. 3100), an Act approved March 17, 1960 (Ga. L. 1960, p. 2701), an Act approved March 18, 1964 (Ga. L. 1964, p. 3084), an Act approved March 18, 1968 (Ga. L. 1968, p. 2294), and an Act approved March 15, 1973 (Ga. L. 1973, p. 2120), so as to provide for the recall of members of the Board of Commissioners of Douglas County; to provide for recall elections and petitions; to provide for the procedures connected with the foregoing; to provide for the filling

Page 2513

of vacancies; 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 the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended by an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2299), an Act approved March 7, 1955 (Ga. L. 1955, p. 3100), an Act approved March 17, 1960 (Ga. L. 1960, p. 2701), an Act approved March 18, 1964 (Ga. L. 1964, p. 3084), an Act approved March 18, 1968 (Ga. L. 1968, p. 2294), and an Act approved March 15, 1973 (Ga. L. 1973, p. 2120), is hereby amended by adding, following section 6, a new section 6A, to read as follows: Section 6A. The Chairman and each member of the Board of Commissioners of Douglas County shall be subject to recall at any time after their election upon petition in writing. The petition for such recall election shall be signed by not less than 30 percent of the registered voters of the county who are registered to vote on the date the notice required by this section is given to the Judge of the Probate Court. The persons sponsoring such petition shall address such petition to the Judge of the Probate Court, petitioning him to call for a special election to submit the question of whether any such member of the Board of Commissioners shall be recalled. Prior to obtaining any signatures on any such petition, a blank copy of the proposed petition shall be submitted to the Judge of the Probate Court of Douglas County with a notice that a petition is to be circulated seeking signatures for a special election for the recall of a member or members of the Board of Commissioners of Douglas County. The petition shall be submitted to the Judge of the Probate Court with the required signatures within 45 days following the date on which the notice of the proposed petition is given to the Judge of the Probate Court. If such petition is not submitted within the 45-day time limit it shall be void and of no force or effect. Upon submission of the petition to the Judge of the Probate

Page 2514

Court it shall be the duty of the Judge to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. Such determinations shall be made by the Judge within 15 days following the date on which the petition is submitted to the Judge. In the event he determines that the petition is in order, it shall be the duty of the Judge of the Probate Court to issue the call for an election and such call shall be issued within 5 days following the date that he determines that the petition is in order. He shall set the date of the election for not less than 30 nor more than 45 days following the issuance of the call. It shall be his further duty to publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof in the official organ of the county in which the sheriff's advertisements appear. The ballots used in such election shall state the name of the officer whose recall has been petitioned, and shall designate the office involved. The ballot shall have written or printed thereon the following: Recall. `() YES () NO Shall (name of officeholder), (name of office) be recalled and removed from office?' Those persons desiring to vote in favor of recall shall vote `Yes', and those desiring to vote against recall shall vote `No'. If a majority of those voting in such election vote in favor of recall, the office in question shall be vacated from the date of such recall election. If a majority of those voting vote against recall the member shall remain in office. It shall be the duty of the Judge of the Probate Court to hold and conduct the election and to declare and certify the results. It shall be his further duty to certify the results to the Secretary of State. If a petition is denied as not having a sufficient number of signatures or if a majority of those voting in the recall election vote against recall no new petition shall be presented to the Judge of the Probate Court within 1 year from the date of the submission of the previous petition. Vacancies created by recall shall be filled in the same manner as other vacancies. Any person who is recalled from office under the provisions of this section shall be eligible to fill the vacancy created by such recall.

Page 2515

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 1975 session of the General Assembly of Georgia a bill, to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended; and for other purposes. This 20th day of December, 1974. Thomas M. Kilgore Representative, 65th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas Mac Kilgore who, on oath, deposes and says that he/she is Representative from the 65th 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: December 26, 1974, January 2, 9, 1975. /s/ Thomas M. Kilgore Representative, 65th District Sworn to and subscribed before me, this 14th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 20, 1975.

Page 2516

DOUGLAS COUNTYBOARD OF COMMISSIONERSVACANCY PROVISIONS CHANGED. No. 10 (House Bill No. 143). An Act to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, so as to change the method and procedures for filling vacancies in the membership of the Board of Commissioners; to provide for special elections to fill such vacancies and the practices and procedures in connection with such elections; to provide for terms of office for persons elected to fill such vacancies; 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 the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, is hereby amended by striking section 6, which reads as follows: Section 6. Should a vacancy occur upon said board by resignation, removal, death or otherwise, such vacancy shall be filled by remaining members of said board; provided no person shall be selected that would not be qualified to serve as a juror in a cause in which said board are parties and the party so elected shall serve the unexpired term of the person whose place becomes, or is, vacant., in its entirety, and inserting in lieu thereof a new section 6, to read as follows: Section 6. In the event a vacancy occurs in the membership of the Board of Commissioners by reason of the death, resignation or removal from office of a member, other than by a recall petition, it shall be the duty of the chairman of the board of commissioners to certify to the Judge of the Probate Court of Douglas County that a vacancy exists. In the event that a vacancy exists in the post held by the chairman of the board, the remaining members of the board shall

Page 2517

jointly certify that such vacancy exists to the judge of the probate court. Within five days following receipt of such certification, it shall be the duty of the Judge of the Probate Court of Douglas County to issue the call for a special election for the purpose of filling such vacancy on the board of commissioners. It shall be the duty of the judge of the probate court to set the date of such special election for a date not less than 30 nor more than 45 days following the date of the call. The judge of the probate court 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 Douglas County. The expense of such election shall be paid by Douglas County. It shall be the duty of the judge of the probate court to hold and conduct such election. He shall hold such election under the same laws, rules and regulations as govern special elections, except as otherwise herein provided. It shall be the duty of the judge of the probate court to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Any person offering as a candidate to fill such vacancy shall meet all qualifications required of a candidate for election to the office of commissioner in the district in which the vacancy exists. Any person elected in such special election to fill a vacancy shall serve for the remainder of the unexpired term of the member whose position is vacant. Vacancy. 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 1975 session of the General Assembly of Georgia a bill, to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended; and for other purposes. This 20th day of December, 1974. Thomas M. Kilgore Representative, 65th District

Page 2518

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas Mac Kilgore who, on oath, deposes and says that he/she is Representative from the 65th 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: December 26, 1974, January 2, 9, 1975. /s/ Thomas M. Kilgore Representative, 65th District Sworn to and subscribed before me, this 14th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 20, 1975. PULASKI COUNTYSHERIFF'S DEPUTIESPROVISIONS CHANGED. No. 11 (House Bill No. 273). 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 March 28, 1974 (Ga. L. 1974, p. 3640), so as to change the provisions relating to deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2519

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 March 28, 1974 (Ga. L. 1974, p. 3640), 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 have the authority to appoint a deputy who shall be compensated in the amount of $8,000.00 per annum, payable in equal monthly installments from the funds of Pulaski County and a second deputy who shall be compensated in the amount of $7,200.00 per annum, payable in equal monthly installments from the funds of Pulaski County; provided, however, that after the first year of receiving such salary and continuing for the next four years, in each of such years each of said deputies shall receive a five percent (5%) increase in salary. It shall be within the sole power and authority of the sheriff, during his respective term of office, to designate, name and appoint the persons who shall be employed as deputies and to prescribe their duties and assignments and to remove or replace the deputies at will and within his sole discretion. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. This is to certify that I will introduce in the legislature in January 1975 a local bill applying to the Sheriff's office of Pulaski County to furnish the Sheriff Department with another deputy Sheriff. Ben Jessup Representative, 117th District

Page 2520

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/she is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dispatch News which is the official organ of Pulaski County, on the following dates: December 25, 1974, January 1, 8, 1975. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 20th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 20, 1975. MERIWETHER COUNTYSUPERIOR COURT CLERKSALARY CHANGED, ETC. No. 14 (House Bill No. 175). 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, particularly by an Act approved March 18, 1969 (Ga. L. 1969, p. 2225), so as to change the compensation of the Clerk of the Superior Court of Meriwether County; to change the provisions relating to the clerical help of the clerk; to provide an

Page 2521

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, particularly by an Act approved March 18, 1969 (Ga. L. 1969, p. 2225), 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 Clerk of the Superior Court of Meriwether County shall be compensated in the amount of twelve thousand dollars ($12,000.00) per annum, to be paid in equal monthly installments from the funds of Meriwether County. The clerk is hereby authorized to appoint a deputy clerk whose compensation shall be determined by the Board of Commissioners of Meriwether County, payable in equal monthly installments from the funds of Meriwether County, but not to exceed five hundred and fifty dollars ($550.00) per month. The clerk may employ such other clerks or secretarial help as he deems necessary, said employment and compensation of each to be as approved and determined by the Board of Commissioners of Meriwether County, but not to exceed five hundred dollars ($500.00) per month each, to be paid from the funds of Meriwether 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 1975 session of the General Assembly of Georgia,

Page 2522

a bill to change the compensation of the Clerk of the Superior Court of Meriwether County; to change the provisions relating to clerical help; and for other purposes. This 23rd day of December, 1974. Claude A. Bray, Jr. Representative, 70th 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 70th 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: December 24, 1974, January 2, 9, 1975. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 16th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 24, 1975. MERIWETHER COUNTYPROBATE COURTCLERK OF JUDGESALARY CHANGED. No. 15 (House Bill No. 305). An Act to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court (formerly

Page 2523

known as 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 judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court (formerly known as 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: four thousand two hundred ($4,200) dollars, and inserting in lieu thereof the following: six thousand ($6,000) dollars, so that when so amended, section 4 shall read as follows: Section 4. The Judge of the Probate Court 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 Judge of the Probate Court 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 six thousand ($6,000) dollars per annum. 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.

Page 2524

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 1975 session of the General Assembly of Georgia, a bill to change the compensation of the clerical help of the Judge of the Probate Court of Meriwether County; and for other purposes. This 23rd day of December, 1974. Claude A. Bray, Jr. Representative, 70th 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/she is Representative from the 70th 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: December 24, 1974, January 2, 9, 1975. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 21st day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 24, 1975.

Page 2525

BERRIEN COUNTYSCHOOL SUPERINTENDENT TO BE APPOINTEDREFERENDUM. No. 16 (House Bill No. 412). An Act to provide for the appointment of the Berrien County School Superintendent; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. At the expiration of the term of office of the present Berrien County School Superintendent, or in the event of a vacancy in such office on the effective date of this Act 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 Berrien County shall appoint the Berrien County School Superintendent. Thereafter, the Berrien County School Superintendent shall serve at the pleasure of the Board of Education of Berrien County. Appointment. 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 election superintendent of Berrien County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The election superintendent 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 election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Berrien County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for appointment of the Berrien 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

Page 2526

cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Berrien County. It shall be the duty of the 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 election superintendent to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced, by the members of the House of Representatives from House District Number 146, local legislation in the 1975 session of the General Assembly of Georgia for the purpose of changing the method of selecting the county school superintendent in Berrien County, Georgia, whereby the said county school superintendent shall be appointed by the Berrien County Board of Education and not elected; and to call for a referendum to approve or reject such change; and for other purposes. This 2nd day of January, 1975. Berrien County Board of Education By Howard Ray, Chairman Georgia, Berrien County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. T. Hamilton, who, on oath, deposes and says that he is editor and publisher of The Berrien Press of Berrien County, Georgia, and that the attached copy of Notice of Intention to Introduce Local Legislation

Page 2527

was published in The Berrien Press, which is the official organ of said county, on the following dates: January 9, 1975; January 16, 1975; and January 23, 1975. /s/ S. T. Hamilton, Editor and Publisher of The Berrien Press Sworn to and subscribed before me, this 20th day of January, 1975. /s/ Clarice C. Roberts Notary Public, Georgia State at Large. My Commission expires June 23, 1976. (Seal). Approved February 24, 1975. TERRELL COUNTYJUDGE OF PROBATE COURT PLACED ON SALARY, ETC. No. 17 (House Bill No. 42). An Act to abolish the present mode of compensating the Judge of the Probate Court of Terrell 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 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 Judge of the Probate Court of Terrell County, known as the fee

Page 2528

system, is hereby abolished, and in lieu thereof, an annual salary for said officer is prescribed as hereinafter provided. Section 2. The Judge of the Probate Court of Terrell County shall receive an annual salary equal to the minimum annual salary which said Judge is entitled to pursuant to an Act providing minimum salaries for Judges of the Probate Courts of the various counties within the State, approved March 21, 1974 (Ga. L. 1974, p. 455), as now or hereafter amended. The salary provided for the Judge of the Probate Court of Terrell County shall be paid in equal monthly installments from the funds of Terrell County. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month in which they were collected or received. At the time of each such monthly payment into the county treasury, the Judge of the Probate 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 said 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 Judge of the Probate Court shall have the authority to appoint one deputy, to prescribe the duties and assignments of said deputy, and to remove or replace said deputy at will, within his sole discretion. The governing authority of said county shall fix the compensation to be received by said deputy. Personnel. Section 5. The necessary operating expenses of the Judge of the Probate Court's office, expressly including the compensation of the deputy, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair,

Page 2529

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 Terrell 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 regular 1975 Session of the General Assembly of Georgia, a bill to place the Judge of the Probate Court of Terrell County, formerly known as the Ordinary of Terrell County, on an annual salary; to provide that all fees, costs and other emoluments of said officer shall become the property of the county; to provide for collection and periodic statements of all such fees, costs and emoluments; to provide for expenses and personnel of said court; to provide for compensation of personnel of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. This 9 day of December, 1974. John Irwin, Representative, 130th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Irwin who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention

Page 2530

to Introduce Local Legislation was published in the Dawson News which is the official organ of Terrell County, on the following dates: December 12, 19, 26, 1974. /s/ John Irwin Representative, 130th District Sworn to and subscribed before me, this 13th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved February 27, 1975. EARLY COUNTYSTATE COURTSALARY OF JUDGE CHANGED. No. 18 (House Bill No. 57). An Act to amend an Act creating the State Court of Early County, approved August 21, 1906 (Ga. L. 1906, p. 161), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb., p. 3067), so as to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Early County, approved August 21, 1906 (Ga. L. 1906, p. 161), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb., p. 3067), is hereby amended by inserting between sections 3 and 4 a new Section, to be known as section 3A, to read as follows: Section 3A. The judge of the State Court of Early County shall receive an annual salary of $3,600, payable in

Page 2531

equal monthly installments from the funds of Early 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. The County Commissioners of Early County have met and passed a resolution requesting their legislative delegation to the Georgia General Assembly to introduce the following local bills affecting Early County: 1. A bill to amend an act of creating the office of Tax Commissioner of Early County, so as to change the compensation of the Tax Commissioner of Early County, and for other purposes. 2. A bill to amend an act creating the State Court of Early County, so as to change the compensation of the Judge of said court, and for other purposes. 3. A bill to abolish the present mode of compensating the Coroner of Early County, known as the fee system; to provide in lieu thereof an annual salary, and for other purposes. Notice is hereby given that the aforementioned bills will be introduced at the 1975 session of the General Assembly. Dated this 19th day of December, 1974. Jimmy Hodge Timmons, State Senator-Elect, District 11 Mobley Howell, State Representative, District 140

Page 2532

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 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: December 26, 1974, January 2, 9, 1975. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me, this 13th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975. EARLY COUNTYSALARY OF TAX COMMISSIONER CHANGED. No. 19 (House Bill No. 58). An Act to amend an Act creating the office of Tax Commissioner of Early County, approved August 9, 1929 (Ga. L. 1929, p. 599), as amended, particularly by an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2276), 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:

Page 2533

Section 1. An Act creating the office of Tax Commissioner of Early County approved August 9, 1929 (Ga. L. 1929, p. 599), as amended, particularly by an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2276), is hereby amended by striking in its entirety section 5 and substituting in lieu thereof a new section 5 to read as follows: Section 5. The Tax Commissioner shall receive an annual salary of $12,000, payable in equal monthly installments from the funds of Early County. Salary. Section 2. Said Act is further amended by inserting between sections 5 and 6 a new section, to be known as section 5A, to read as follows: Section 5A. It is specifically provided that the salary provided herein for the Tax Commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Fees, etc. 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. The County Commissioners of Early County have met and passed a resolution requesting their legislative delegation to the Georgia General Assembly to introduce the following local bills affecting Early County:

Page 2534

1. A bill to amend an act of creating the office of Tax Commissioner of Early County, so as to change the compensation of the Tax Commissioner of Early County, and for other purposes. 2. A bill to amend an act creating the State Court of Early County, so as to change the compensation of the Judge of said court, and for other purposes. 3. A bill to abolish the present mode of compensating the Coroner of Early County, known as the fee system; to provide in lieu thereof an annual salary, and for other purposes. Notice is hereby given that the aforementioned bills will be introduced at the 1975 session of the General Assembly. Dated this 19th day of December, 1974. Jimmy Hodge Timmons, State Senator-Elect, District 11 Mobley Howell, State Representative, District 140 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 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: December 26, 1974, January 2, 9, 1975. /s/ Mobley Howell Representative, 140th District

Page 2535

Sworn to and subscribed before me, this 13th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975. EARLY COUNTYCORONER PLACED ON SALARY, ETC. No. 20 (House Bill No. 59). An Act to abolish the present mode of compensating the Coroner of Early 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 Early 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 of Early 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

Page 2536

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, etc. 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 Early 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. Notice of Intention to Introduce Local Legislation. The County Commissioners of Early County have met and passed a resolution requesting their legislative delegation to the Georgia General Assembly to introduce the following local bills affecting Early County: 1. A bill to amend an act of creating the office of Tax

Page 2537

Commissioner of Early County, so as to change the compensation of the Tax Commissioner of Early County, and for other purposes. 2. A bill to amend an act creating the State Court of Early County, so as to change the compensation of the Judge of said court, and for other purposes. 3. A bill to abolish the present mode of compensating the Coroner of Early County, known as the fee system; to provide in lieu thereof an annual salary, and for other purposes. Notice is hereby given that the aforementioned bills will be introduced at the 1975 session of the General Assembly. Dated this 19th day of December, 1974. Jimmy Hodge Timmons State Senator-Elect, District 11 Mobley Howell, State Representative, District 140 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 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: December 26, 1974, January 2, 9, 1975. /s/ Mobley Howell Representative, 140th District

Page 2538

Sworn to and subscribed before me, this 13th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975. COUNTIESCERTAINBOARD OF ELECTIONS PROVIDED, ETC. (55,110-56,000). No. 25 (House Bill No. 187). 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 assistants and other employees; to provide for compensation of such persons and the members of the Board; to relieve the judges of the probate courts and registrars of such counties from certain responsibilities; 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 55,110 and not more than 56,000 according to the 1970 United States Decennial Census, or any future such 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 three members, each of whom shall be an elector and resident of the county, and who shall be appointed by the grand jury of such counties. The initial members

Page 2539

of said board shall be appointed by the last regularly scheduled grand jury convening in such county preceding the date on which such member is to take office. One of such members appointed pursuant to the provisions of this Section shall serve for a term of one year, another member for a term of two years, and another member for a term of three years. Thereafter, successors to the initial members shall serve for terms of office of three years. The members of the board of elections shall elect a chairman from the membership of the board of elections. Members. 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 as a part of the presentments returned by the grand jury making said appointment. Said presentment shall state the name and residential address of the person appointed. The clerk of the superior court shall certify the name of such appointed members 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. Appointment. Section 5. Each member of the board 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 judge of the superior court, the county governing authority, and to the clerk of the superior court of such counties 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. Section 6. In the event a vacancy occurs in the office of any member prior to the expiration of his term, by removal, death, resignation, or otherwise, such vacancy shall be filled by the grand jury next convening following the occurrence of said vacancy. The clerk of the superior court

Page 2540

shall certify such interim 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 June 1, 1975. 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 judge of the probate court 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 any other provisions of law. Powers. (b) With regard to preparation for and conduct of primaries: (1) Succeed to all the duties and powers granted to and incumbent upon the judge of the probate court 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 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 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.

Page 2541

(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 any other provision of law. Section 9. The board shall be responsible for the selection, appointment and training of poll workers in primaries and 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. Section 11. The judge of the probate court and the county board of registrars are hereby relieved from all powers and duties to which the board of elections succeed 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 judge of the probate court shall swear in all persons elected to public office as done prior to the effective date of this Act. 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,

Page 2542

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 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 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. Definitions. Section 16. 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 17. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1975. MILLER COUNTYSUPERIOR COURT CLERKRELIEVED OF DUTIES WITH BOARD OF COMMISSIONERS, ETC. No. 26 (House Bill No. 199). An Act to amend an Act creating the Board of Commissioners of Miller County, approved August 22, 1905 (Ga.

Page 2543

L. 1905, p. 569), as amended, particularly by an Act approved February 20, 1957 (Ga. L. 1957, p. 2194), so as to provide that the Clerk of the Superior Court of Miller County shall not serve as the clerk of the board of commissioners; to provide that the board shall appoint a clerk of the board and provide for his compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Miller County, approved August 22, 1905 (Ga. L. 1905, p. 569), as amended, particularly by an Act approved February 20, 1957 (Ga. L. 1957, p. 2194), is hereby amended by striking in its entirety section 11, which reads as follows: Section 11. The Clerk of the Superior Court of Miller County shall be clerk and bookkeeper of the board of commissioners. He shall keep all records of the proceedings of the board. His compensation shall be fixed by the board, but shall not be less than $85.00 per month., and substituting in lieu thereof the following: Section 11. The board shall appoint a qualified individual to serve as clerk and bookkeeper of the board. The clerk shall keep all records of the proceedings of the board. For his services as such, the clerk shall receive such compensation as the board shall fix. 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. The County Commissioners of Miller County have passed a resolution requesting their legislative delegation to the

Page 2544

Georgia General Assembly to introduce the following local bills affecting Miller County: 1. A bill to amend an act creating the Board of Commissioners of Miller County; to provide that the Clerk of the Superior Court of Miller County shall not serve as Clerk of the Board of Commissioners, and to provide that the board shall appoint a clerk and provide for his compensation, and for other purposes. 2. A bill to abolish the present mode of compensating the Clerk of the Superior Court of Miller County; known as the fee system, to provide in lieu thereof an annual salary for the Clerk of the Superior Court, and for other purposes. 3. A bill to amend an Act placing the Sheriff of Miller County upon an annual salary; so as to change the compensation of the Sheriff of Miller County, and for other purposes. 4. A bill to amend an Act creating the State Court of Miller County; so as to place the Solicitor of said court upon an annual salary, and for other purposes. Notice is hereby that the aforementioned bills will be introduced at the 1975 session of the Georgia General Assembly. Dated this 19th day of December, 1974. Mobley Howell, State Representative, District 140 Jimmy Hodge Timmons, State Senator-Elect, District 11 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 140th District, and that the attached copy of Notice of

Page 2545

Intention to Introduce Local Legislation was published in the Miller County Liberal which is the official organ of Miller County, on the following dates: December 26, 1974, January 2, 9, 1975. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me, this 17th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975. MILLER COUNTYSUPERIOR COURT CLERK PLACED ON SALARY, ETC. No. 27 (House Bill No. 200). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Miller County, known as the fee system; to provide in lieu thereof an annual salary for such officer; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of deputies, clerks, assistants and all required personnel by such officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the Clerk of the Superior Court of Miller County, known as the fee

Page 2546

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 $9,000, plus the additional sum of $100 per month, as compensation for his services as Clerk of the State Court of Miller County, payable in equal monthly installments from the funds of Miller County. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his office, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of 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 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 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 Clerk shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Miller 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 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 2547

Section 5. The necessary operating expenses of the Clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for said office shall be at the sole discretion of the governing authority of Miller 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. The County Commissioners of Miller County have passed a resolution requesting their legislative delegation to the Georgia General Assembly to introduce the following local bills affecting Miller County: 1. A bill to amend an act creating the Board of Commissioners of Miller County; to provide that the Clerk of the Superior Court of Miller County shall not serve as Clerk of the Board of Commissioners, and to provide that the board shall appoint a clerk and provide for his compensation, and for other purposes. 2. A bill to abolish the present mode of compensating the Clerk of the Superior Court of Miller County; known as the fee system, to provide in lieu thereof an annual salary for the Clerk of the Superior Court, and for other purposes. 3. A bill to amend an Act placing the Sheriff of Miller County upon an annual salary; so as to change the compensation

Page 2548

of the Sheriff of Miller County, and for other purposes. 4. A bill to amend an Act creating the State Court of Miller County; so as to place the Solicitor of said court upon an annual salary, and for other purposes. Notice is hereby given that the aforementioned bills will be introduced at the 1975 session of the Georgia General Assembly. Dated this 19th day of December, 1974. Mobley Howell, State Representative, District 140 Jimmy Hodge Timmons, State Senator-Elect, District 11 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 140th 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: December 26, 1974, January 2, 9, 1975. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me, this 17th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975.

Page 2549

MILLER COUNTYSTATE COURTSOLICITOR PLACED ON SALARY. No. 28 (House Bill No. 201). An Act to amend an Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved March 29, 1973 (Ga. 1973, p. 2487), so as to place the solicitor of said court upon an annual salary; to provide the procedures connected therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Miller County, approved March 2, 1935 (Ga. L. 1935, p. 538), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2487), 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. (a) The solicitor of the State Court of Miller County shall receive for his services as such an annual salary of $4,800, payable in equal monthly installments from the funds of Miller County. Salary. (b) The solicitor shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies, and all other emoluments or perquisites formerly allowed as compensation for his services as solicitor of the State Court of Miller County and shall receive and hold the same in trust for Miller County as public monies and shall pay the same to the county treasury on or before the 15gh day of each month next following the month in which they are collected or received. Fees. (c) In the absence, disqualification or illness of the solicitor, the judge of the State Court of Miller County shall appoint a solicitor pro tem. who shall serve as such during the absence or disqualification of the solicitor. For his services

Page 2550

as such, the solicitor pro tem. shall receive the same compensation as the solicitor. Absence. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. The County Commissioners of Miller County have passed a resolution requesting their legislative delegation to the Georgia General Assembly to introduce the following local bills affecting Miller County: 1. A bill to amend an act creating the Board of Commissioners of Miller County; to provide that the Clerk of the Superior Court of Miller County shall not serve as Clerk of the Board of Commissioners, and to provide that the board shall appoint a clerk and provide for his compensation, and for other purposes. 2. A bill to abolish the present mode of compensating the Clerk of the Superior Court of Miller County; known as the fee system, to provide in lieu thereof an annual salary for the Clerk of the Superior Court, and for other purposes. 3. A bill to amend an Act placing the Sheriff of Miller County upon an annual salary; so as to change the compensation of the Sheriff of Miller County, and for other purposes. 4. A bill to amend an Act creating the State Court of Miller County; so as to place the Solicitor of said court upon an annual salary, and for other purposes. Notice is hereby given that the aforementioned bills will be introduced at the 1975 session of the Georgia General Assembly.

Page 2551

Dated this 19th day of December, 1974. Mobley Howell, State Representative, District 140 Jimmy Hodge Timmons, State Senator-Elect, District 11 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 140th 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: December 26, 1974, January 2, 9, 1975. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me, this 17th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975. MILLER COUNTYSALARY OF SHERIFF CHANGED. No. 29 (House Bill No. 202). An Act to amend an Act placing the sheriff of Miller County upon an annual salary, approved March 7, 1966 (Ga. L.

Page 2552

1966, p. 3329), 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 Miller County upon an annual salary, approved March 7, 1966 (Ga. L. 1966, p. 3329), as amended, is hereby amended by striking from section 1 the following: $7,000.00, and substituting in lieu thereof the following: $12,000, so that when so amended, section 1 shall read as follows: Section 1. The sheriff of Miller County shall receive an annual salary in the amount of $12,000 payable in equal monthly installments from the funds of Miller 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. The County Commissioners of Millser County have passed a resolution requesting their legislative delegation to the Georgia General Assembly to introduce the following local bills affecting Miller County: 1. A bill to amend an act creating the Board of Commissioners of Miller County; to provide that the Clerk of the Superior Court of Miller County shall not serve as Clerk of the Board of Commissioners, and to provide that the

Page 2553

board shall appoint a clerk and provide for his compensation, and for other purposes. 2. A bill to abolish the present mode of compensating the Clerk of the Superior Court of Miller County; known as the fee system, to provide in lieu thereof an annual salary for the Clerk of the Superior Court, and for other purposes. 3. A bill to amend an Act placing the Sheriff of Miller County upon an annual salary; so as to change the compensation of the Sheriff of Miller County, and for other purposes. 4. A bill to amend an Act creating the State Court of Miller County; so as to place the Solicitor of said court upon an annual salary, and for other purposes. Notice is hereby given that the aforementioned bills will be introduced at the 1975 session of the Georgia General Assembly. Dated this 19th day of December, 1974. Mobley Howell, State Representative, District 140 Jimmy Hodge Timmons, State Senator-Elect, District 11 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 140th 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

Page 2554

County, on the following dates: December 26, 1974, January 2, 9, 1975. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me, this 17th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975. WILKINSON COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 30 (House Bill No. 343). An Act to amend an Act placing the Sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2551), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 3913), so as to change the compensation of the sheriff; to provide for annual increases in the compensation of the sheriff; to provide for deputy sheriffs, radio operators, secretaries and jailers, and their compensation; 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 placing the Sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2551), as amended by an Act approved April 10, 1971 (Ga. L. 1971, p. 3913), is hereby amended by striking section 2, which reads as follows:

Page 2555

Section 2. The sheriff of Wilkinson County shall receive a salary of $9,000.00 per annum, payable in equal monthly installments, from the funds of Wilkinson County. The sheriff shall appoint such clerical assistants as he shall deem necessary to efficiently and effectively discharge the duties of his office. Such clerical assistants shall be personally paid by the sheriff out of the salary paid to him from the funds of Wilkinson County. The sheriff shall also receive from county funds, in addition to such salary, for each prisoner confined in the county jail, two dollars ($2.00) per day to feed said prisoners., in its entirety, and inserting in lieu thereof a new section 2 to read as follows: Section 2. The sheriff of Wilkinson County shall receive a base salary of $10,500.00 per annum, payable in equal monthly installments from the funds of Wilkinson County. In addition to said base salary, the sheriff shall receive an additional compensation of 5 percent of such base salary for each year of service by such sheriff completed after April 1, 1975, to be computed at the end of each such year of service. The sheriff shall appoint such clerical assistants as he shall deem necessary to efficiently and effectively discharge the duties of his office. Such clerical assistants shall be personally paid by the sheriff out of the salary paid to him from the funds of Wilkinson County, except as otherwise provided in this Act. The sheriff shall also receive from county funds, in addition to such salary, for each prisoner confined in the county jail, two dollars ($2.00), per day to feed said prisoners. Salary. Section 2 . Said Act is further amended by striking section 4, which reads as follows: Section 4. The sheriff of Wilkinson County shall have the sole power and authority to appoint such deputies as he shall deem necessary to efficiently and effectively discharge the duties of his office. The sheriff shall determine the amount to be paid each deputy so appointed by him, and such deputy shall be paid in equal monthly installments from

Page 2556

the funds of Wilkinson County. However, the total compensation for all such deputies shall not exceed $4,200.00 per annum under normal conditions, nor $4,800.00 per annum under emergency conditions. All deputies appointed by the sheriff shall furnish their own automobiles and the cost of operating and maintaining said vehicles shall be the responsibility of such deputies and shall be paid out of the salary paid to them from the funds of Wilkinson 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 such deputies and to prescribe their duties and assignments and to remove or replace such deputies at will and within his sole discretion., in its entirety, and inserting in lieu thereof a new section 4 to read as follows: Section 4. The Sheriff of Wilkinson County shall have the sole power and authority to appoint the following deputies: One full-time deputy to be compensated in the amount of $6,600.00 per annum; one full-time deputy-radio operator-secretary to be compensated in the amount of $4,800.00 per annum; one full-time deputy and jailer to be compensated in the amount of $5,200.00 per annum; and one part-time deputy to be compensated in the amount of $2,000.00 per annum. As of January 1, 1976, the sheriff shall have the authority to appoint an additional full-time deputy to be compensated in the amount of $6,600.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Wilkinson 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 such deputies and to prescribe their duties and assignments and to remove or replace such deputies at will and within his sole discretion. Deputies. Section 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2557

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Wilkinson County on an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2551) as amended, so as to change the compensation of the Sheriff, deputy sheriffs and certain employees of the Sheriff; to change the provisions relating to deputy sheriffs and other employees of the Sheriff; and for other purposes. This 26th day of December, 1974. Culver Kidd Senator, 25th District Wilbur Baugh Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wilbur E. Baugh who, on oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following dates: January 2, 9, 16, 1975. /s/ Wilbur E. Baugh Representative, 108th District Sworn to and subscribed before me, this 22nd day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975.

Page 2558

WILKINSON COUNTYCLERICAL ASSISTANT TO TAX COMMISSIONERSALARY CHANGED. No. 31 (House Bill No. 344). An Act to amend an Act creating the office of Tax Commissioner of Wilkinson County, approved March 3, 1964 (Ga. L. 1964, p. 2314), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3206), so as to change the compensation of the clerical assistant to the Tax Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of Tax Commissioner of Wilkinson County, approved March 3, 1964 (Ga. L. 1964, p. 2314), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3206), is hereby amended by striking from section 4 the following: four thousand eight hundred dollars ($4,800.00), and substituting in lieu thereof of the following: $6,000.00, so that when so amended, section 4 shall read as follows: Section 4. The Tax Commissioner of Wilkinson County shall, in addition to any compensation derived through commissions for the issuance of motor vehicle license plates as provided in an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, and the percentage commission derived for collecting certain taxes as provided in an Act approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended, (Ann. Code section 92-5304), receive a salary in the sum of $7,000.00 per annum to be paid in equal monthly installments. Such compensation shall be in lieu of all fees, costs and perquisites of whatever kind heretofore received by the Tax Collector of Wilkinson County, Georgia. The Tax Commissioner of Wilkinson County is authorized to employ

Page 2559

an assistant as he deems necessary, and to prescribe his or her duties. The clerical assistant employed by the Tax Commissioner shall be reasonably compensated. The County of Wilkinson shall pay from the general funds of Wilkinson County a sum to said clerical assistant, not to exceed $6,000.00 per annum. The amount to be paid out of the said county funds shall be paid in equal monthly installments directly to said clerical assistant. The said clerical assistant shall serve at the pleasure of the Tax Commissioner, and the Tax Commissioner shall have the right to discharge any such clerical assistant and to employ a successor to said clerical assistant. 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 1975 regular session of the Georgia General Assembly, a bill to change the compensation of the clerical assistant to the Tax Commissioner of Wilkinson County; and for other purposes. This 26th day of December, 1974. Culver Kidd Senator, 25th District Wilbur Baugh Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wilbur E. Baugh who,

Page 2560

on oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following dates: January 2, 9, 16, 1975. /s/ Wilbur E. Baugh Representative, 108th District Sworn to and subscribed before me, this 22nd day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975. WILKINSON COUNTYMINIMUM AD VALOREM TAX PROVIDED. No. 32 (House Bill No. 345). An Act to provide that the tax liability for each ad valorem property taxpayer within Wilkinson County shall, as a minimum, be not less than the sum of $1.00; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The tax liability for each ad valorem property taxpayer within Wilkinson County shall, as a minimum, be not less than the sum of $1.00. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2561

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 regular session of the Georgia General Assembly, to provide that the tax liability for each ad valorem property taxpayer within Wilkinson County shall, as a minimum, be not less than the sum of $1.00. All laws and parts of laws in conflict with this Act are hereby repealed. Culver Kidd Senator, 25th District Wilbur E. Baugh Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wilbur E. Baugh who, on oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following dates: January 2, 9, 16, 1975. /s/ Wilbur Baugh Representative, 108th District Sworn to and subscribed before me, this 22nd day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975.

Page 2562

TWIGGS COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 33 (House Bill No. 523). An Act to amend an Act placing the Sheriff of Twiggs County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended by an Act approved March 26, 1969 (Ga. L. 1969, p. 2282), so as to change the provisions relating to the compensation of the sheriff; to change the provisions relating to the deputy sheriffs and their compensation; to provide for other employees of the sheriff and their compensation; to change the provisions relating to automobiles; 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 placing the Sheriff of Twiggs County on an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2546), as amended by an Act approved March 26, 1969 (Ga. L. 1969, p. 2282), 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 Twiggs County shall receive an annual salary of not less than $12,750 per annum, payable in equal monthly installments from the funds of Twiggs County. The exact amount of the annual salary of the sheriff shall be fixed by the governing authority of Twiggs County. In addition to such annual salary the governing authority of Twiggs County is here by authorized to increase such annual salary by providing cost-of-living raises for such sheriff in such amounts as the governing authority shall determine. Salary. Section 2 . Said Act is further amended by striking section 9 in its entirety, and inserting in lieu thereof a new section 9, to read as follows: Section 9. The sheriff is hereby authorized to appoint a

Page 2563

chief deputy sheriff, one second deputy, and such additional deputies as may be approved by the governing authority of Twiggs County. Said chief deputy shall receive a salary of not less than $8,400 per annum, payable in equal monthly installments from the funds of Twiggs County. The second deputy shall receive a salary of not less than $7,500 per annum, payable in equal monthly installments from the funds of Twiggs County. Any additional deputies authorized as provided herein shall receive a salary of not less than $7,200 per annum, plus an incentive and performance raise after six months of employment, of five percent of the salary set by the governing authority of Twiggs County, and payable in equal monthly installments from the funds of Twiggs County. In addition to such deputies, the sheriff shall be authorized to employ additional part-time special deputy sheriffs who shall receive a minimum compensation of $2.50 per hour for each hour actually worked. The sheriff shall also be authorized to employ one secretary who shall be compensated in an amount to be fixed by the governing authority of Twiggs County, and which shall be payable in equal monthly installments from the funds of Twiggs County. The exact amount of the compensation of all such deputies and the secretary provided for in this Section shall be fixed by the governing authority of Twiggs County. In addition to such annual salaries, the governing authority is hereby authorized to provide additional cost-of-living raises for all such deputies and the secretary provided for in this section. Deputies. Secretary. Section 3 . Said Act is further amended by striking section 10 in its entirety, and inserting in lieu thereof a new section 10, to read as follows: Section 10. The governing authority of Twiggs County shall furnish the sheriff with such automobiles as may be necessary for use by the sheriff and his deputies in the performance of their official duties. Such automobiles shall be equipped with a short-wave radio, and said automobiles shall be replaced every two years or at 75,000 miles, whichever shall first occur. Said automobiles shall be used exclusively for the business of the sheriff's office by said sheriff or his deputies; provided, however, should the need

Page 2564

arise, and with the consent of the sheriff, the governing authority of said county may direct that any of said automobiles be used for other county business and for other officials of Twiggs County. The governing authority of Twiggs County shall be responsible for the maintenance of said automobiles and the equipment thereon, and for the expenses of operation thereof, and said sheriff shall purchase gasoline, oil and other necessary operational materials and have the maintenance thereof done at such place or places as shall be directed by the said governing authority of Twiggs County. In the event that additional vehicles are needed in an emergency or for urgent duties connected with the effective operation of the Sheriff's Office of Twiggs County, the governing authority of Twiggs County may authorize the sheriff or his deputies to use their personal automobiles, which shall be equipped with a short-wave radio at the expense of and furnished by said county, for the convenience of said sheriff, and said governing authority shall reimburse the sheriff for the use of his personal automobile at the rate of ten cents per mile. Automobiles, etc. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. By virtue of authority from the Twiggs County Board of Commissioners, notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to change the compensation of the members of the Sheriff's Department of Twiggs County, and for other purposes.

Page 2565

This 10th day of January, 1975. Bert Hamilton Senator, District 26 James A. Bowman Representative, District 103 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James A. Bowman 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 Twiggs County New Era which is the official organ of Twiggs County, on the following dates: January 15, 22, 29, 1975. /s/ James A. Bowman Representative, 103rd District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975. LOWNDES COUNTYBOARD OF COMMISSIONERSCOUNTY MANAGER PROVIDED. No. 34 (House Bill No. 547). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Lowndes County, approved

Page 2566

February 12, 1945 (Ga. L. 1945, p. 639), as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. 2728), so as to provide for a county manager; 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. An Act creating a Board of Commissioners of Roads and Revenues of Lowndes County, approved February 12, 1945 (Ga. L. 1945, p. 639), as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. 2728), is hereby amended by striking section 8A in its entirety and substituting in lieu thereof the following: Section 8A. County Manager. (a) There is hereby created the office of county manager of Lowndes County. The county manager shall be appointed by a majority vote of the Board of Commissioners of Lowndes County to serve at the pleasure of said board for an indefinite term. No member of the Board shall be appointed county manager during the term of office for which he is elected or for a period of one year thereafter. (b) Not later than 90 days following the approval of this Act, the county manager shall be appointed as herein provided. Section 8B. Qualifications . The county manager shall be chosen by the board solely upon the basis of his executive and administrative qualifications with specific reference to his actual experience in or knowledge of accepted practices in respect to the duties of his office as hereinafter set forth. Section 8C. Duties. The county manager shall be the chief executive officer of Lowndes County and the administrative head of the county government. He shall be responsible to the board for the proper and efficient administration of all affairs of the county except as otherwise provided by law. It shall be his duty:

Page 2567

(a) Except as otherwise provided by law, to appoint and remove all subordinate officers and employees of all departments of the county which the commissioners have heretofore been empowered to appoint and discharge, with the exception of the county attorney, the county auditor and the county physician; (b) To see that all laws and ordinances of the county are enforced; (c) To exercise control over all departments or divisions of the county which the board has heretofore exercised or that may hereafter be created; (d) To prepare and submit to the Board of Commissioners an annual budget; (e) To keep the Board of Commissioners fully advised as to the financial condition and needs of said county; (f) To supervise and direct the official conduct of all appointive county officers and department heads except as may be herein otherwise provided; (g) To attend all meetings of the board with the right to take part in the discussion; provided he shall have no vote before the board; (h) To supervise the performance of all contracts made by any person for work done for Lowndes County and to supervise and regulate all purchases of materials and supplies for Lowndes County within such limitations and under such rules and regulations as may be imposed by the Board of Commissioners; (i) The county manager shall be vested with the authority to counter sign with the chairman or, in his absence from the county, the vice chairman, all payroll checks for employees of Lowndes County. Section 8D. Reports. The Board of Commissioners shall have the right to require the county manager to appear before

Page 2568

them at any time and make such reports, oral or written, as they deem necessary. Section 8E. Bond . The county manager shall be required to execute and deliver a good and sufficient bond payable to Lowndes County to be approved by the Board of Commissioners and conditioned upon the faithful performance of his duties. The amount of said bond shall be determined by the Board of Commissioners. Said bond shall be delivered to the board within five days of the county manager assuming his duties and upon receipt shall be filed by the chairman of the board in the office of the Clerk of Superior Court of Lowndes County. Section 8F. Oath . Before entering upon his duties, the county manager shall take and subscribe an oath for the faithful performance of his duties under this Act, which oath shall be duly entered upon the minutes of the Board of Commissioners. Section 8G. Removal . The county manager may be suspended or removed at the pleasure of the Board of Commissioners by a majority vote of the Board of Commissioners. 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 1975 session of the Georgia General Assembly, a bill to create the office of county manager of Lowndes County; to provide for the appointment of a county manager; to provide for qualifications, compensation, duties, reports and bonds of the county manager; to provide for other matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 2569

This 14th day of January, 1975. Commissioners of Lowndes County W. P. Langdale Talley M. Wisenbaker Julian Lawson Georgia, Lowndes County. Personally appeared before me, the undersigned, 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: January 17, 1975, January 24, 1975 and January 31, 1975. /s/ Tenney S. Griffin Sworn to and subscribed before me, this 31st day of January, 1975. /s/ Edith D. Smith Notary Public, Georgia State at Large. My Commission expires May 1, 1976. (Seal). Approved February 27, 1975. LOWNDES COUNTYSTATE COURTCOMPENSATION OF JUDGE CHANGED, ETC. No. 35 (House Bill No. 548). An Act to amend an Act creating the State Court of Lowndes County (formerly City Court of Valdosta), approved December 11, 1901 (Ga. L. 1901, p. 176), as amended, particularly by an Act approved March 3, 1967 (Ga. L. 1967, p. 2131), and an Act approved March 21, 1968 (Ga. L. 1968,

Page 2570

p. 2322), so as to change the compensation of the judge and solicitor of the court; to provide for secretarial assistance for 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 Lowndes County(formerly City Court of Valdosta), approved December 11, 1901 (Ga. L. 1901, p. 176), as amended, particularly by an Act approved March 3, 1967 (Ga. L. 1967, p. 2131), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2322), 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 judge of the State Court of Lowndes County shall receive an annual salary of fifteen thousand dollars ($15,000.00), payable in equal monthly installments from the funds of Lowndes County. Said judge shall be permitted, and is hereby authorized, to engage in the private practice of law, so long as such activities do not interfere with his official duties and obligations as a judge of said court. Judge. (b) The solicitor of the State Court of Lowndes County shall receive an annual salary of twelve thousand dollars ($12,000.00), payable in equal monthly installments from the funds of Lowndes County. Said salary shall be in lieu of all fees, fines, forfeitures and commissions which may have formerly been allowed to the solicitor of said court for his services. All such fees, fines, forfeitures and commissions shall be the property of and shall be turned over to Lowndes County. Said solicitor shall be permitted, and is hereby authorized, to engage in the private practice of law so long as such activities do not interfere with his official duties or obligations as a solicitor of said court. Solicitor. (c) To be eligible to hold the office of solicitor of said court, an individual must be at least twenty-five years of age, having been a practicing attorney for at least three years preceding his taking such office and have been a

Page 2571

resident of Lowndes County for at least three years preceding his taking office. (d) The solicitor of said court shall be authorized to employ such secretarial assistance as may be required to effectively perform the duties of his office, after consultation with Board of Commissioners of Lowndes County; the salary for such secretarial assistance, not exceeding the sum of $400.00 per month, shall be approved by the Board of Commissioners of Lowndes County and shall be paid from the funds of Lowndes 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 1975 session of the Georgia General Assembly, a bill to change the compensastion of the Judge and Solicitor of the State Court of Lowndes County to provide for secretarial assistance to the Solicitor of the State Court of Lowndes County, to provide for an effective date, to repeal conflicting laws, and for other purposes. This 9th day of January, 1975. Board of Commissioners W. P. Langdale Tally M. Wisenbaker Julian Lawson Georgia, Lowndes County. Personally appeared before me, the undersigned, duly authorized to administer oaths, Tenney S. Griffin, who, on oath deposes and says that he is the publisher of the

Page 2572

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: January 11, 1975, January 18, 1975, and January 25, 1975. /s/ Tenney S. Griffin Sworn to and subscribed before me, this 27th day of January, 1975. /s/ Edith D. Smith Notary Public. (Seal). Approved February 27, 1975. MILLER COUNTYJUDGE OF PROBATE COURT PLACED ON SALARY. No. 36 (House Bill No. 577). An Act to abolish the present mode of compensating the Judge of the Probate Court of Miller County; to provide for an annual salary for said Judge; 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 deputies, clerks, assistants and all required personnel by such officers; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the Judge of the Probate Court of Miller County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided.

Page 2573

Section 2. The Judge of the Probate Court of Miller County shall receive that compensation as is provided for in and in accordance with the provisions of an Act providing for minimum salaries of the Judges of the Probate Courts of this State, approved March 21, 1974 (Ga. L. 1974, p. 455). 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 perquisities 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 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 Judge of the Probate Court of Miller County 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. Said official 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 Miller County to fix the compensation to be received by each employee in said offices. It shall be within the sole power and authority of the Judge of the Probate 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.

Page 2574

Section 5. The necessary operating expenses of the Judge of the Probate Court, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for said office shall be at the sole discretion of the governing authority of Miller 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 regular 1975 Session of the General Assembly of Georgia, at the request of the Board of Commissioners of Miller County, Georgia, a Bill to take the Ordinary of Miller County, Georgia off the fee system and to place the Ordinary on an annual salary in conformity with the State Wide act setting forth minimum salaries for Ordinaries as set out in Ga. L. 1974, pg. 455, et sec. This the 14th day of January, 1975. Mobley Howell Representative Jimmy Hodge Timmons Senator Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mobley Howell who,

Page 2575

on oath, deposes and says that he is Representative from the 140th 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: January 16, 23, and 30, 1975. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975. MILLER COUNTYBOARD OF COMMISSIONERSJUDGE OF PROBATE COURT REMOVED AS MEMBER, ETC. No. 37 (House Bill No. 578). An Act to amend an Act creating the board of commissioners of Miller County, approved August 22, 1905 (Ga. L. 1905, p. 569), as amended, particularly by an Act approved February 20, 1957 (Ga. L. 1957, p. 2194), an Act approved February 18, 1966 (Ga. L. 1966, p. 2063), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2386), so as to remove the Judge of the Probate Court as a member and chairman of the board of commissioners; to provide that four members of the board shall constitute a quorum; to delete those provisions which shall provide that the chairman may vote only to break a tie; to provide that the board shall select one of their members to serve as chairman; to provide for the compensation of the chairman; to provide for purchases made in behalf of the county; to

Page 2576

provide the procedures connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the board of commissioners of Miller County, approved August 22, 1905 (Ga. L. 1905, p. 569), as amended, particularly by an Act approved February 20, 1957 (Ga. L. 1957, p. 2194), an Act approved February 18, 1966 (Ga. L. 1966, p. 2063), and an Act approved March 31, 1967 (Ga. L. 1967, p. 2386), is hereby amended by striking in its entirety the first paragraph of section 1 and substituting in lieu thereof the following: There is hereby created a board of commissioners of Miller County, to be composed of six members., so that when so amended, section 1 shall read as follows: Section 1. There is hereby created a board of commissioners of Miller County, to be composed of six members. For the purposes of electing the remaining members of the board, Miller County is hereby divided into three (3) election districts: Election District No. 1 shall be composed of Militia District No. 1160; Election District No. 2 shall be composed of Militia District No. 1029; and Election District No. 3 shall be composed of Militia District No. 903. Two members of the board shall reside in Election District No. 1; two members of the board shall reside in Election District No. 2; and two members of the board shall reside in Election District No. 3. The members of the board shall hold office for a term of four (4) years and until their successors are elected and qualified. All members of the board shall be elected countywide by a majority of the voters residing in Miller County. Members. The members of the board shall be elected in the same manner and at the same time as other county officers are elected beginning with the general election to be held in 1968, and the general election to be held quadrennially

Page 2577

thereafter. Each member of the board shall begin his term of office on January 1, of the year following his election. Section 2. Said Act is further amended by striking from the first sentence of section 5 the following: and the chairman, and by deleting in its entirety the second sentence thereof, so that when so amended section 5 shall read as follows: Section 5. Four members of the board shall constitute a quorum for the transaction of business. If any member fails or refuses to vote on any question, motion, resolution or any other matter which is before the board, such failure or refusal is hereby declared to be a vote against the matter before the board. Section 3. Said Act is further amended by striking in its entirety section 15A and substituting in lieu thereof the following: Section 15A. The board of commissioners of Miller County shall select one of the members of the board to serve as the chairman of the board; and such member shall serve as such at the pleasure of the board. The chairman shall receive such compensation for his services as such as the board shall fix. Chairman. Section 4. Said Act is further amended by striking in its entirety section 17 and substituting in lieu thereof a new section 17, to read as follows: Section 17. The board of commissioners of Miller County shall establish by appropriate resolutions the procedures to govern purchases made in behalf of the county. The board may employ or designate a purchasing agent for the county and prescribe his responsibilities and duties. Purchases. Section 5. This Act shall become effective on the first day of the month following the month in which it is approved

Page 2578

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 1975 Session of the General Assembly of Georgia, at the request of the Board of Commissioners of Miller County, Georgia, a Bill to change number of the members of the Board of Commissioners of Miller County, Georgia; to provide that the Ordinary of Miller County shall not be a member of the Board of Commissioners and shall not be Chairman of the Board of Commissioners; to provide that the Board of Commissioners of Miller County shall have authority to elect one of its members to be Chairman of the Board of Commissioners; to provide for the compensation of the Chairman of the Board of Commissioners of Miller County, Georgia; to provide that the Ordinary of Miller County shall have no authority to act as Purchasing Agent for Miller County; to provide for authority to delegate the purchasing authority to a special Purchasing Agent of their choice and to provide compensation therefor; to provide for a quorum of the Board of Commissioners; to repeal all conflicting legislation; and for other purposes. This the 14th day of January, 1975. Mobley Howell Representative, Jimmy Hodge Timmons Senator 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 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 2579

the Miller County Liberal which is the official organ of Miller County, on the following dates: January 16, 23, and 30, 1975. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved February 27, 1975. MERIWETHER COUNTYSALARY OF SHERIFF CHANGED. No. 38 (House Bill No. 606). An Act to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court (formerly known as 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 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, the Clerk of the Superior Court, the Judge of the Probate Court (formerly known as 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 2 the following:

Page 2580

eleven thousand five hundred ($11,500.00), and inserting in lieu thereof the following: twelve thousand five hundred ($12,500.00), so that when so amended, section 2 shall read as follows: Section 2. The sheriff shall be compensated in the amount of twelve thousand five hundred ($12,500.00) dollars per annum to be paid in equal monthly installments from the funds of Meriwether County. He shall be furnished a fully equipped motor vehicle to use in the performance of his official duties. The sheriff shall be authorized to appoint a chief deputy sheriff to assist him in the performance of his duties. The compensation of the chief deputy sheriff shall be fixed by the Board of Commissioners of Meriwether County and shall be not less than five hundred twenty-five ($525.00) dollars per month nor more than seven hundred ($700.00) dollars per month. The sheriff shall also be authorized to employ one full-time deputy sheriff and such other full-time deputy sheriffs as are approved by the Board of Commissioners of Meriwether County. The compensation of each full-time deputy sheriff shall be fixed by said board of commissioners, but shall not exceed six hundred ($600.00) dollars per month. Said compensation shall be payable from the funds of Meriwether County. The sheriff may employ part-time deputy sheriffs when necessary during the times which are authorized by the board of commissioners. The compensation for a part-time deputy sheriff shall be fixed by said board of commissioners and shall be at a rate for the time employed not to exceed five hundred ($500.00) dollars per month each, payable from the funds of Meriwether County. The county shall furnish the deputy sheriffs with one fully equipped motor vehicle and such other fully equipped motor vehicles as the Board of Commissioners of Meriwether County shall determine to be necessary to be used by the sheriff and deputy sheriffs in the performance of their official duties. All gasoline, oil and other related maintenance expenses for the sheriff's vehicle and the other vehicles authorized shall be borne by the county. In addition, the sheriff may employ or receive three

Page 2581

hundred ($300.00) dollars per month for a jailer or turnkey. The expenses for boarding prisoners shall be paid for out of county funds. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to change the compensation of the sheriff and deputy sheriffs of Meriwether County; and for other purposes. This 8th day of January, 1975. Claude A. Bray, Jr. Representative, 70th 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 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County, on the following dates: January 16, 23, 30, 1975. /s/ Claude A. Bray, Jr. Representative, 70th District

Page 2582

Sworn to and subscribed before me this 11th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 27, 1975. WILCOX COUNTYMETHOD OF PAYING EXPENSES OF SHERIFF CHANGED. No. 39 (House Bill No. 688). An Act to amend an Act placing the Sheriff of Wilcox County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2202), as amended by an Act approved April 23, 1969 (Ga. L. 1969, p. 3321), so as to change the method of paying the expenses connected with 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. An Act placing the Sheriff of Wilcox County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2202), as amended by an Act approved April 23, 1969 (Ga. L. 1969, p. 3321), is hereby amended by striking in its entirety section 4 and inserting in lieu thereof the following: Section 4. The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees and the feeding of prisoners confined within the county jail, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the

Page 2583

county and shall be paid from any funds of the county available for such purpose. The determination of such requirements for such office shall be at the sole discretion of the governing authority of Wilcox County. Expenses. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to change the method by which the expenses incurred within the office of the Sheriff of Wilcox County are paid; and for other purposes. This 10th day of January, 1975. Ben Jessup Representative, 117th District Georgia, Crisp County. I, Jack C. Mathews, do hereby certify and on oath depose and say that I am the Publisher of the Cordele Dispatch and The Wilcox County Chronicle which is the newspaper in which sheriff's advertisements for Wilcox County, Georgia, are published; that the attached and foregoing instrument entitled Notice of Intention to Introduce Local Legislation is a true and correct copy of a notice which was published in said newspaper once a week for three weeks on the 16th, 23rd and 30th days of January, 1975, and that said notice has been published as provided by law. /s/ Jack C. Mathews

Page 2584

Sworn to and subscribed before me this 31st day of January, 1975. /s/ Paulene W. Roberson Notary Public, Georgia State at Large. My Commission expires Jan. 14, 1976. (Seal). Approved February 27, 1975. HOUSTON COUNTYSTATE COURT CREATED, ETC. No. 40 (House Bill No. 435). An Act to create and establish the State Court of Houston County pursuant to Article VI, Section IX, Paragraph I of the Constitution; to provide for the jurisdiction of said court; to provide for a judge, his election, term of office, qualifications, compensation and method of filling vacancies; to provide for the judge's powers and duties; to provide for an attorney to serve as judge when the judge is unable to serve; to provide for a solicitor, his election, term of office, qualifications, method of filling vacancies and compensation; to provide for an attorney to serve instead of the solicitor when he is unable to serve; to provide for a sheriff and deputy sheriffs; to provide for a clerk, his appointment, election, compensation, qualifications and his powers and duties; to provide for deputy clerks; to provide for records; to provide for the issuance of warrants, summary processes and writs; to provide for the rules of practice, pleading and procedure in said court; to authorize the judge to make rules and regulations for the disposition of traffic cases; to provide for terms of court; to provide for jurors; to provide for trial by jury; to provide for nonjury trials; to provide for the reporting of cases; to provide for reporting fees; to provide for appeals; to provide for law books; to provide for sales of property taken by levy; to provide for costs; to provide for the disposition of funds in the hands of the clerk and sheriff; to provide for the disposition of property and

Page 2585

effects in the hands of the sheriff; to provide for quarters for said court; to provide for the designation of the initial judge, solicitor and clerk of court; to provide for the transfer of records from a court to the State Court of Houston County created by this Act; to provide for other matters related thereto; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Under the authority conferred upon the General Assembly by Article VI, Section IX, Paragraph I of the Constitution pursuant to a constitutional amendment approved April 10, 1968 (Ga. L. 1968, p. 1805), and ratified November 5, 1968, there is hereby create and established a special court which shall be located in the City of Warner Robins, Houston County, Georgia. Said court shall be known as the State Court of Houston County and said court shall have territorial jurisdiction over the entire County of Houston. Creation. Section 2. The State Court of Houston County shall have jurisdiction within the limits of Houston County concurrent with the superior court of said county to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu or delicto under the common law or by statute and over which jurisdiction is not vested by the Constitution and laws of the State of Georgia exclusively in any other court, without regard to the amount in controversy. Said state court shall have criminal jurisdiction in the County of Houston over all misdemeanor cases, but shall not have any jurisdiction over felony cases. The accused in criminal proceedings in said court shall not have the right to indictment by the Grand Jury of Houston County. The State Court of Houston County shall have jurisdiction of special statutory remedies such as, but not limited to: mortgage foreclosures, garnishments and attachments. Jurisdiction. Section 3. There shall be a judge of said state court who shall be elected by the voters of Houston County as hereinafter provided. Mr. Paul C. Armitage, the presently elected

Page 2586

Judge of the State Court of Houston County, shall serve until the expiration of his term of office on December 31, 1978. At the general election in 1978, a successor to Mr. Armitage shall be elected, and he shall take office January 1, 1979, for a term of four (4) years and until his successor is elected and qualified. Future successors shall be elected at the general election each four (4) years and shall likewise serve a term of four (4) years and until their successors are elected and qualified. The judge of the state court shall be commissioned by the Governor and, before entering the duties of his office, shall take the same oath which judges of superior courts must take. Judge. Section 4. In order to be eligible to be appointed or elected judge of said state court, a person at the time of said appointment or election must have been a resident of Houston County continuously for the three (3) years immediately preceding said appointment or election, must be a licensed attorney at law and must have been a practicing attorney for at least five (5) years immediately preceding such appointment or election. Such person must also be at least twenty-five (25) years of age and must be a qualified registered voter of Houston County. The Judge of the State Court of Houston County shall not be permitted to engage in the practice of law. He shall be compensated by an annual salary to be fixed by the governing authority of Houston County and to be not less than $12,000.00. In that year in which the term of office of the judge shall expire, it shall be the duty of the governing authority of Houston County on or before the first day of July to fix the salary of the judge of the state court for the next ensuing term of office of such judge. The salary so fixed by the governing authority shall not be diminished during the term of office of that judge who takes office on the first day of January following. The salary of the judge of the state court shall be paid out of county funds. Same, eligibility. Section 5. In the event of a vacancy in the office of judge of said state court by reason of death, resignation or any other cause except expiration of term of office, the Governor shall appoint a person to serve the unexpired term. Same, vacancy.

Page 2587

Section 6. The judge of said court is hereby granted the same power and authority as is held judges of the superior courts of this State within the limitations of this Act and laws of general application of the State of Georgia. All laws relating to and governing judges of the superior courts shall apply to the Judge of the State Court of Houston County insofar as the same may be applicable, unless inconsistent with the provisions of this Act. Same, power. Section 7. Upon taking office, the judge of said court shall appoint some competent and disinterested attorney at law who shall meet the qualifications of section 4 hereof to preside in said court in the place of said judge when the judge of said court is unable to discharge the duties of his office due to providential cause or if he is for any cause disqualified or prevented from presiding in any cause in said court. Such attorney, when so appointed and when the appointment is entered upon the minutes of the court, and in any of such events, shall exercise all the functions and powers of the judge of said court. The compensation of such attorney for actual services as presiding judge shall be $50.00 per day to be paid from the same funds from which other officers of the court are paid. Same, absence. Section 8. There shall be a solicitor of said state court who shall be elected by the voters of Houston County as hereinafter provided. Mr. Austin J. Kemp II, the presently elected Solicitor of the State Court of Houston County, shall serve until the expiration of his term of office on December 31, 1978. At the general election in 1978, a successor to the first solicitor shall be elected, and he shall take office January 1, 1979, for a term of four (4) years and until his successor is elected and qualified. Future successors shall be elected at the general election each four (4) years and shall likewise serve a term of four (4) years and until their successors are elected and qualified. The solicitor of the state court shall be commissioned by the Governor and, before entering the duties of his office, shall take the same oath which solicitors general of superior courts must take. The solicitor is to represent the State in all criminal procedures in the State Court of Houston County and all appeals therefrom. Solicitor.

Page 2588

Section 9. In order to be eligible to be appointed or elected solicitor of said state court, a person must have resided in Houston County for one (1) year immediately preceding such appointment or election and must be a licensed attorney at law engaged in an active practice of law with his main office located in Houston County. The Solicitor of the State Court of Houston County shall not be permitted to engage in the practice of law in the State Court of Houston County. The solicitor shall be compensated by an annual salary to be fixed by the governing authority of Houston County and to be not less than $6,000.00. In that year in which the term of office of the solicitor shall expire, it shall be the duty of the governing authority of Houston County on or before the first day of July to fix the salary of the solicitor of the State Court of Houston County for the next ensuing term of office of such solicitor. The salary so fixed by the governing authority shall not be diminished during the term of office of that solicitor who takes office on the first day of January following. The salary of the solicitor of the state court shall be paid out of county funds. Same, eligibility. Section 10. In the event of a vacancy in the office of solicitor of said state court by reason of death, resignation or any other cause except expiration of term of office, the Governor shall appoint a person to serve the unexpired term. Same, vacancy. Section 11. In the event the solicitor, due to providential cause, is unable to discharge the duties of his office, the judge is hereby authorized to appoint an attorney of Houston County who is qualified under Section 9 hereof to perform the duties of the solicitor until such time as the solicitor is able to perform such duties. The compensation of said attorney while serving as solicitor shall be $15.00 per day, to be paid from the same funds from which other officers of the court are paid. Same, absence. Section 12. The Sheriff of Houston County and his deputies shall also act as Sheriff and Deputy Sheriffs of the State Court of Houston County. Sheriff. Section 13. There shall be a Clerk of said State Court of Houston County. Mr. Ray Bliss, the present clerk of said

Page 2589

state court, shall continue to serve until the expiration of his term of office on December 31, 1978. At the general election in 1978 and every four (4) years thereafter, the clerk shall be elected in the same manner and shall serve for the same term of office as the judge of said court. The clerk shall be compensated at an annual salary to be fixed by the governing authority of Houston County and to be not less than $4,800.00. In that year in which the term of office of the clerk shall expire, it shall be the duty of the governing authority of Houston County on or before the first day of July to fix the salary of the Clerk of the State Court of Houston County for the next ensuing term of office of such clerk. The salary so fixed by the governing authority shall not be diminished during the term of office of that clerk who takes office on the first day of January following. The salary of the clerk of the state court shall be paid from county funds. Clerk. Section 14. Any person who shall be appointed Clerk or Deputy Clerk of said State Court of Houston County must at the time of appointment be a qualified voter of Houston County. Clerk. The clerk of said state court shall have the power to appoint a sufficient number of deputy clerks as from time to time may be needed to efficiently handle and transact the business of the court, the number thereof appointed to be first authorized by the Board of County Commissioners of Houston County, Georgia, and each and all of whom thus appointed shall hold office during the pleasure of the clerk of said court. The deputy clerks, if and when appointed, shall exercise all the functions and be subject to all the responsibilities and requirements of the said clerk. The clerk shall fix the compensation of deputy clerks subject to the approval of the governing authority of Houston County, Georgia. Section 15. All the requirements and duties, powers and authority imposed by law upon and conferred upon the clerks of superior courts of this State shall be obligatory upon and shall be vested in the Clerk of said State Court of Houston County, respectively, except where inconsistent with or limited by the provisions of this Act defining the jurisdiction

Page 2590

of said court; provided, however, that the amount of the bond of the clerk of said state court shall be no less than $5,000.00 or such other amount as shall be established by the governing authority of Houston County. Same, powers. Section 16. The Clerk of said State Court of Houston County and each and every deputy clerk of said court shall have complete power and authority, coincident and coordinate with the power of the judge of said court, under the provisions of this Act to issue any and all warrants, civil and criminal, summary processes and writs which are issuable as a matter of right; to accept and approve bonds; to accept bond forfeitures; and to discharge any and all other functions ministerial in character which under the laws of this State are performable by a justice of the peace or by a clerk of the superior court. Warrants, etc. Section 17. Said State Court of Houston County shall be a court of record and shall have a seal. The minutes, records and other books and files that are required by law to be kept for the superior court shall, the same manner, so far as the jurisdiction of said State Court of Houston County may render necessary, be kept in and for said state court; provided, that the clerk of said state court shall not be required to keep a book of final records but shall see that the records are preserved in suitable files with all original papers in each case which shall not be removed from said clerk's office except upon order of the Judge of said State Court of Houston County upon good cause shown and then only upon receipt of counsel, and such removal from the clerk's office shall not continue for a longer period than five (5) days. Court of record. Section 18. All warrants, summary processes and writs issuing out of said State Court of Houston County shall be returnable to said State Court of Houston County (unless required by law to be returnable to superior court) in the same manner and under the same rules as such writs are required to be returned to the superior courts or the justice courts of this State as the case may be. Rules. Section 19. The rules of practice, pleading, procedure

Page 2591

and evidence as are applicable to superior courts of this State shall be the rules of and be applicable to the State Court of Houston County. Practice. Section 20. The Judge of the State Court of Houston County is hereby empowered to promulgate rules and regulations allowing a defendant charged with a traffic offense to appear and dispose of said case under such rules and regulations so promulgated. Traffic cases. Section 21. The terms of court of the State Court of Houston County shall be the third Monday of March, June, October and January. Dates for guilty pleas, noncontested civil matters and nonjury 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 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 22. All laws of this State with reference to the drawing, selecting and summoning of traverse jurors in the courts of this State shall apply to the State Court of Houston County. Jury. Section 23. All laws with reference to the qualifications, empaneling, challenging and compensation of jurors now of force or such as may hereinafter be enacted in this State shall apply to and be observed in said State Court of Houston County. Section 24. All jury trials in said court shall be by a jury of twelve (12); and said jury of twelve (12) shall be stricken from a panel of twenty-four (24) qualified jurors drawn and summoned under the provisions of this Act with each side being entitled to six (6) preemptory challenges, except in criminal cases, in which said cases the defense will be entitled

Page 2592

to seven (7) preemptory challenges and the State entitled to five (5) preemptory challenges. Section 25. Every case in said State Court of Houston County shall be tried by the judge thereof without a jury unless a written demand for trial by jury is filed in said court by the plaintiff or his attorney or by any other party seeking affirmative relief at the time such action or proceeding is instituted, or by the defendant or his attorney on or before the day upon which he is required to appear in court in response to the proceedings against him; upon the failure of a party to demand a trial by jury, he shall be held to have waived any such right. The judge, however, in his discretion, upon request of either party or counsel for either party may allow a jury in any case at any time before the commencement of any trial before him without a jury, if, in his opinion, the request therefor is not made for delay only and if, in his opinion, the case is of such character that the end of justice will be best served by a trial by jury. Demand for jury. Section 26. The Judge of the State Court of Houston County shall have the same authority as the Judge of the Superior Court of Houston County to order a case reported and he may direct the case reported when either party or counsel requests it, or when, in the discretion of the judge, the ends of justice require that the case be reported. Whenever a case is reported in said court either by agreement of parties or counsel, or by direction of the court under the rule, the cost of such reporting shall be taxed equally against the parties to the case except as herein provided and shall be assessed as costs in the case under the same rules as prevail in the superior court, save that the charge for such reporting shall be at the rate of twelve cents per hundred words for taking down the testimony and twelve cents per hundred words for writing it out. It either party or his counsel objects to the reporting of the case, the party so objecting shall not be charged with any expense of reporting the case, unless the judge on preliminary investigation shall determine that the case is one that should be reported, and shall direct it reported under the rule. Whenever it becomes necessary in the opinion of the Judge of the State Court of Houston County that a case shall be reported in said court, the judge

Page 2593

of said court may designate a competent and disinterested stenographer to report said case and the compensation of such reporter shall be twelve cents per hundred words for taking down and twelve cents per hundred words for writing out the record of said case and if not paid by the parties liable therefor, it shall be taxed as costs in said case and fi. fa. issued therefor for the use and benefit of the reporter so reporting said case and paid to said reporter when collected as compensation for reporting said case. It shall be permissible for the judge of said court to appoint as court reporter aforesaid any deputy clerk or officer of said court who is a capable and efficient stenographer. Reporting Cases. Section 27. (a) The court may grant new trials in the same manner and upon the same grounds as new trials are granted by the Superior Court of Houston County, as now or hereafter provided by law. New trials. (b) A direct appeal shall lie to the Court of Appeals of Georgia or to the Supreme Court of Georgia from the judgment, order or ruling of the State Court of Houston County, in the same manner that a judgment, order or ruling of the Superior Court of Houston County is now or may hereafter be reviewed, as provided for by law. Appeals. Section 28. The State Librarian is hereby authorized and directed to furnish to said state court as they are published, a set of reports of the Supreme Court of Georgia and a set of the reports of the Court of Appeals of Georgia and a set of the Georgia Laws with no cost to said court except shipping charges. Books. Section 29. All sales of personal property levied upon in Houston County under process from the State Court of Houston County shall be conducted in the same manner as are such sales in the Superior Court of Houston County, except that sales may be held at the door of the place where said state court meets. Sales. Section 30. The scale of costs in civil cases to be collected by officers of said court shall be the same as the scale of costs in justice of peace courts in all matters, where the

Page 2594

principal amount involved does not exceed $200.00 and where such amount exceeds $200.00 the same as the scale of costs in the Superior Court of Houston County. The costs in criminal cases shall be the same as the costs in the Superior Court of Houston County. All fees, fines, costs and other monies shall be collected by the proper officers of said court and once a month shall be turned over to the Board of County Commissioners of Houston County, Georgia, and shall become and be the property of Houston County. Costs. Section 31. Whenever the Clerk of the State Court of Houston County shall have in his hands any money, funds or credits which shall remain in his hands unclaimed by any person, firm or corporation for a period of six (6) months after all litigation in connection with such money, funds or credits has been fully and finally disposed of by the state court and by an appellate court, which said money, funds or credits shall have come into the hands of said clerk in connection with any case or matter pending at the time, or which has been pending in said state court, it shall be the duty of the said clerk of the state court to notify the person, firm or corporation whose property the records of said State Court of Houston County indicates said money, funds or credits to be by registered letter addressed to the said person, firm or corporation at the best obtainable address of the fact that such money, funds or credits are in his hands, and that unless the same are claimed within ten (10) days, he will dispose of the same as hereinafter provided; and if after the expiration of the period of ten (10) days from the mailing of said registered letter the same money, funds or credits still remain in the hands of said clerk unclaimed, it shall be his duty to pay the same into the treasury of Houston County, the same to be disposed of by the treasurer, or other county authority having control of county funds, in the same manner as is hereinafter provided as to funds placed in the treasury of Houston County and arising from the sale of unclaimed property remaining in the hands of the Sheriff of said State Court of Houston County; provided, however, that the clerk of the said state court, at the time of paying over to the Treasurer of Houston County any of such money, funds or credits, shall give to the Treasurer of Houston County, or other county authorities having control

Page 2595

of the funds of said county, full information in writing as to the case or matter in connection with which such money came into his hands, and as to the name of the person, firm or corporation indicated by the records of the State Court of Houston County to be the owner of said money, funds or credits; and provided also that the expense incurred by the clerk in complying with this Section shall be deducted from the money, funds or credits in his hands. Clerk, unclaimed funds, etc. Section 32. Whenever the sheriff of Houston County shall have in his custody any property or effects, which has come into his possession by law or seizure by virtue of any process or papers properly placed in his hands for execution, whether the levy be made by him or his deputy, which has been in his hands for a period of six (6) months after all litigation concerning the same has been disposed of in the State Court of Houston County and on appeal from that court, and it is unclaimed by any person, firm or corporation, it shall be the duty of said sheriff to give notice by registered mail to the owner of said property, if the name of such owner can be ascertained by reasonable inquiry, at the best obtainable address of such owner, specifying in said notice the property so remaining in his hands, and warning the said owner that the same will be sold in terms of the law unless the said property is claimed within ten (10) days from the mailing of such notice. If after the lapse of ten (10) days from the mailing of such notice, no claim to said property is made, said sheriff shall advertise the same for sale as unclaimed property, specifying in said advertisement the process under which the same was seized, said advertisement to be published as other advertisements of property levied upon under process of said state court. The proceeds of said sale shall be paid by the said sheriff into the treasury of Houston County; provided, however, said sheriff at the time of paying over the said proceeds shall give to the Treasurer of Houston County, or other county authorities having charge of the funds of said county, full information in writing as to the process under which the said property was seized, and as to the nature of the property which was sold. Sheriff, unclaimed property, etc. Section 33. The Treasurer of Houston County, or other county authorities having charge of the funds of said

Page 2596

county, shall keep any funds paid over to him, either by the Clerk of the State Court of Houston County under section 31 of this Act or by the Sheriff of said State Court of Houston County under section 32 of this Act, in a separate account for a period of twelve (12) months after the same is received. Should any person, firm or corporation claim the said fund within said period of twelve (12) months, such claimant may file an affidavit of ownership with the Treasurer of Houston County, or other county authorities having charge of the funds of said county, and may give bond in double the amount of the money claimed, with good security to be approved by the said treasurer, or other county authorities having control of the said fund, which said bond shall be conditional to answer any demand thereon that may be proved and established in any court of this State within a period of two (2) years from the date of said bonds and shall be payable to the county authority having charge of said fund. Upon the making and filing of said affidavit and bond, said fund shall be delivered to the claimant. If no claim be filed to said money within a period of twelve (12) months from the time, the same shall be taken out of the special account and be put in the general funds of Houston County and become the property of Houston County. In case conflicting claims are made to any of said money, it shall be the duty of the Treasurer of Houston County, or other county authorities having charge of the said fund, to require the claimants to litigate their claim in the State Court of Houston County, and to hold the said fund and pay out the same according to the final results of such litigation; provided, however, all such litigation must be instituted within a period of twelve (12) months from the time said money is paid into the treasury of Houston County; provided, also, that the jurisdiction to hear and determine said claim is hereby expressly conferred upon the State Court of Houston County regardless of the amount involved, and regardless of the residence of the parties, and the final order of said state court shall specify which of said claimants is entitled to the funds, or whether either or any one of them has established his right thereto. In case the result of said litigation should be that neither of said claimants is entitled to the fund, the Treasurer of Houston County or other county authorities having control of said fund shall

Page 2597

continue to hold the same as unclaimed money and dispose of the same as hereinbefore provided. Treasurer, unclaimed funds, etc. Section 34. The State Court of Houston County shall be located in the City of Warner Robins and it shall be the duty of the governing authority of Houston County, Georgia, to provide temporary quarters for the court, until such time as permanent quarters are available. The Commissioners of Houston County, Georgia, are hereby authorized to expend such funds as they deem necessary to construct and maintain permanent quarters for said court. Location. Section 35. All proceedings and litigations, civil or criminal, pending in the City Court of Warner Robins, created by an Act, approved March 26, 1965 (Ga. L. 1965, p. 2650), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3203), by an Act approved April 4, 1967 (Ga. L. 1967, p. 2564) changing the name of said court, by an Act approved March 21, 1968 (Ga. L. 1968, p. 2656), by an Act approved April 10, 1969 (Ga. L. 1969, p. 2620), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 3072), including all complaints, pleadings, petitions, accusations, summonses, processes, motions, writs, mesne, and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending or commenced in such court, shall relate to, become a part of, and be transferred to the State Court of Houston County and its jurisdiction upon approval of this Act creating said special court. Section 36. An Act creating the City Court of Warner Robins, approved March 26, 1965 (Ga. L. 1965, p. 2650), as amended by an Act approved March 4, 1966 (Ga. L. 1966, p. 3203), by an Act approved April 4, 1967 (Ga. L. 1967, p. 2564) changing the name of said court, by Act approved March 21, 1968 (Ga. L. 1968, p. 2656), by an Act approved April 10, 1969 (Ga. L. 1969, p. 2620), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 3072), is hereby repealed in its entirety. Repealer. Section 37. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 2598

Section 38 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia a Bill to create and establish the special court in Houston County as authorized and provided for by Article VI, Section IX, Paragraph I, of the Constitution of Georgia, as amended (Ga. L. 1968, page 1805); to define the procedures, the jurisdiction and powers of said court; to provide for the manner of selection of personnel; to provide for the manner and method for the correction of errors by the granting of new trials and direct appeals to the Court of Appeals of Georgia and the Supreme Court of Georgia; said court to be known as the State Court of Houston County and the situs of same to be in Warner Robins, Georgia; and for other purposes. This 23rd day of December, 1974. Ted W. Waddle Representative, 113th District Roy H. Watson, Jr. Representative, 114th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy H. Watson, Jr. 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 Houston Home Journal which is the official

Page 2599

organ of Houston County, on the following dates: January 2, 9, 16, 1975. /s/ Roy H. Watson, Jr. Representative, 114th District Sworn to and subscribed before me this 24th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved February 28, 1975. HOUSTON COUNTYSALARY OF CORONER CHANGED. No. 41 (House Bill No. 478). An Act to amend an Act abolishing the fee system of compensating the Coroner of Houston County and providing for an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2638), so as to change the compensation provisions relating to the coroner; to provide 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 Coroner of Houston County and providing for an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2638), 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 an annual salary of $2,250.00, payable in equal monthly installments from the funds of Houston County. The said coroner shall also

Page 2600

receive a travel allowance of $50.00 per month to be paid 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1975 Session of the General Assembly of Georgia a bill to amend an Act placing the Houston County Coroner on a salary basis approved February 28, 1966, (Ga. L. 1966, pp. 2638-2640) so as to change the salary of the Coroner to add travel expense allowance, to provide an effective date, to repeal conflicting laws, and for other purposes. This 10th day of January, 1975. Ted W. Waddle Representative, 113th 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 was published in The Houston Home Journal on the following dates: January 16, 23, 30, 1975. This 30 day of January, 1975. /s/ Bobby Branch Publisher, Houston Home Journal Perry, Georgia

Page 2601

Sworn to and subscribed before me this 30th day of January, 1975. /s/ Janice E. Colwell Notary Public, Houston County. My Commission Expires March 7, 1976. (Seal). Approved February 28, 1975. HOUSTON COUNTYPROVISION MADE FOR FILLING VACANCIES ON HOSPITAL AUTHORITY. No. 42 (House Bill No. 480). An Act to amend an Act creating a Board of Commissioners of Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, so as to provide that vacancies in the membership of the Hospital Authority of Houston County shall be filled by the Board of Commissioners of Houston 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 Houston County, approved August 15, 1922 (Ga. L. 1922, p. 372), as amended, is hereby amended by inserting between section 8A and section 9 a new section, to be designated section 8B, to read as follows: Section 8B. Pursuant to the authority granted by Code section 88-1803, relating to the creation of hospital authorities, as amended, after the effective date of this Act, the Board of Commissioners of Houston County by resolution shall fill all vacancies occurring in the membership of the Hospital Authority of Houston County. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 2602

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 in accordance with Sub-Paragraph 2 of Paragraph 2 of section 88-1803 of the Georgia Code Ann. Ga. L. 1964, pp. 499, 599, 1967 p. 347, there will be introduced in the 1975 Session of the General Assembly of Georgia a bill to establish and confirm the method of appointing members and filling vacancies on the Houston County Hospital Authority by the Board of Commissioners of Houston County to provide an effective date, to repeal conflicting laws, and for other purposes. This 10th day of January, 1975. Roy H. Watson, Jr. Representative, 114th 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 was published in The Houston Home Journal on the following dates: January 16, 23, 30, 1975. This 30 day of January, 1975. /s/ Bobby Branch Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 30th day of January, 1975. /s/ Janice E. Colwell Notary Public, Houston County. My Commission Expires March 7, 1976. (Seal). Approved February 28, 1975.

Page 2603

QUITMAN COUNTYSALARY OF TREASURER CHANGED. No. 43 (House Bill No. 469). An Act to amend an Act providing for the compensation of the Treasurer of Quitman County, Georgia, approved August 3, 1925 (Ga. L. 1925, p. 740), as amended, particularly by an Act approved February 19, 1951 (Ga. L. 1951, p. 2527), 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 providing for the [Illegible Text] of the Treasurer of Quitman County, Georgia, [Illegible Text] August 3, 1925 (Ga. L. 1925, p. 740), as amended, [Illegible Text] by an Act approved February 19, 1951 (Ga. L. [Illegible Text] p. 2527), is hereby amended by striking from Section 1 the following: six hundred dollars ($600.00) per annum, and inserting in lieu thereof the following: one thousand two hundred dollars ($1,200.00) per annum, so that when so amended, section 1 shall read as follows: Section 1. The Treasurer of Quitman County shall receive as his compensation for his service, the sum of one thousand two hundred dollars ($1,200.00) per annum, payable monthly, which sum shall be in lieu of all fees now received by the Treasurer. 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 2604

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 1975 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of the Treasurer of Quitman County, Georgia, approved August 3, 1925 [Ga. L. 1925, p. 740], as amended, particularly by an Act approved February 19, 1951 [Ga. L. 1951, p. 2527], so as to change the compensation of the Treasurer; and for other purposes. This 6 day of January, 1975. /s/ Don Castleberry, Representative, 111th 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 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times which is the official organ of Quitman County, on the following dates: January 16, 23, 30, 1975. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 5th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 4, 1975.

Page 2605

APPLING WATER AUTHORITY ACT. No. 44 (House Bill No. 136). An Act to create the Appling Water Authority in Columbia County, Georgia; to provide a short title; to provide for definitions; to authorize such Authority to acquire, construct, add to, extend, improve, equip, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof, and any and all other related facilities; to authorize such Authority to accept gifts, grants and donations; 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 tenure of office and compensation; to authorize such Authority to contract with others pertaining to the water facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize such Authority to borrow money, or accept grants, or other financial assistance from the federal government, its agencies and political subdivisions, and to enter into such mortgages, trust indentures, leases or agreements as may be necessary, convenient, or desirable to effectuate such transactions; to authorize such Authority to do any and all things necessary or desirable to secure the financial aid or the cooperation of the federal government, its agencies, or political subdivisions in the undertaking, construction, maintenance, or operation of such projects as such Authority may properly undertake; 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 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 the State of Georgia,

Page 2606

or any political subdivision thereof, shall be incurred in the exercise of powers granted such Authority; to make the bonds of the Authority exempt from taxation; to provide for the exemption from all taxes and special assessments of the county, State, or any political subdivisions thereof of all property owned by such Authority; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds; to fix the venue of jurisdiction of sections relating to any provisions of this Act and to provide that such bonds be validated; to provide for severability; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This may be cited as the Appling Water Authority Act. Section 2. Appling Water Authority. There is hereby created a body corporate and politic, to be known as the Appling Water Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of five members, all of whom shall be residents of Appling, Georgia, residents in the immediate area served by the facilities of the Authority, and shall at the time of appointment be users of the facilities of the Authority. The initial members of the Authority shall be appointed by the Board of County Commissioners of Columbia County, Georgia, immediately after the creation of this Authority. The members appointed shall serve for a period of five years. Members shall be eligible for reappointment at the expiration date of his previous term for one additional term of five years. Following the second term of five years, no member shall be eligible for reappointment for a period of one year from the expiration of his second full term. Notwithstanding any other provision

Page 2607

herein, all members of the Authority shall serve until their successors are appointed and qualified. Immediately after their appointment, the members of the Authority shall enter upon their duties. They shall elect one of their number as chairman, another as vice chairman, and may also elect a secretary and/or treasurer who need not necessarily be a member of the Authority. The chairman and vice chairman, secretary and treasurer shall serve for a period of one year and until their successors are appointed and qualified. Said officers shall be eligible to succeed themselves. Three members of the Authority shall constitute a quorum. In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the remaining members of the Authority, by majority vote, shall appoint a person meeting the qualifications above set out for membership to serve until the empaneling of the next grand jury authorized to make appointments, when such vacancy shall be filled by appointment by the grand jury. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority. The chairman of the Authority shall not be entitled to vote upon any issue, motion, or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question. The members of the Authority shall serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Definitions. As used in this Act, the following words and terms shall have the following meanings:

Page 2608

(a) The word Authority shall mean the Appling Water 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 all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities, for the purpose of resale, within and without the territorial boundaries of Columbia County and the operation, maintenance, additions, improvements, and extensions of such facilities so as to assure an adequate water utility system deemed by the Authority necessary or convenient for the efficient operation of such type of undertaking. (c) The term cost of the project shall embrace the cost of acquisition of existing facilities, cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectual and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) The terms revenue bonds and bonds as used in this Act shall mean revenue bonds as defined and provided for in the Revenue Bond 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

Page 2609

of which are hereinafter specifically provided for in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. (f) Federal government shall include the United States of America, the Farmers' Home Administration, or any other agency or instrumentality, corporate or otherwise, of the United States of America. (g) Area of operation in the case of this Authority, shall include Columbia County and the immediately adjoining counties, provided, however, that the services of this Authority will not be extended into an adjacent county without first securing the express written approval of that county's governing body. 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; (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

Page 2610

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 compensation; (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 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

Page 2611

municipal corporations and counties for a term not exceeding 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 services of the Authority; (k) In addition to the powers conferred upon the Authority by other provisions of this Act, the Authority is impowered to borrow money or accept grants or other financial assistance from the federal government for or in aid of any water project within its area of operation, to take over or lease or manage any water project or undertaking constructed or owned by the federal government, and, to these ends, to comply with such conditions and enter into such mortgages, trust, indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this Act to authorize the Authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance or operation of any water project by such Authority. (l) To do all things necessary or convenient to carry out the powers expressly given in this Act.

Page 2612

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 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, shall mature 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 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

Page 2613

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 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 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

Page 2614

or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. Section 13. Conditions Precedent to Issuance; Object of Issuance. Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds 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 or the County of Columbia or a pledge of the faith and credit of said State or County, but such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly, or contingently, obligate the said State or County to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment, and each such bond shall contain recitals on its 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

Page 2615

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 monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such 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.

Page 2616

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, 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 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 2617

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 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. 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 Columbia County, Georgia, and any action pertaining to validation of any bonds issued

Page 2618

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 Appling Water 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 any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.

Page 2619

Section 24. Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act whether as proceeds from the sale of revenue bonds, as grants, or other contributions, or as revenues, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 25. 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 an adequate source or sources of water supply, treatment of such water, and thereafter the distribution of same to customers of its water system, and the various townships and citizens in said county and environs, including adjoining counties and municipalities located therein, but such general purpose shall not restrict the Authority from selling and delivering water direct to consumers in those areas where there does not now exist water distribution systems to such consumers and areas where neither any county nor municipality deems it desirable or feasible to furnish facilities in such locality. The Authority shall also have the authority, where it deems it feasible, to sell its products and services to consumers, governmental agencies, or governmental instrumentalities of adjoining states, provided the laws of the adjoining state do not prohibit or tax said activity. Section 26. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls, or charges, and to revise from time to time and collect such rates, fees, tolls, or charges, for the services, facilities or commodities furnished, and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of a water 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.

Page 2620

Section 27. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities shall be furnished. Section 28. Tort Immunity. The Authority shall have the same immunity and exemption from liability for torts and negligence as Columbia 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 Columbia County when in performance of their public duties or work of the County. Section 29. 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 30. 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 31. 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.

Page 2621

Section 32. Effect on Local Governments. This Act shall not in any way take from Columbia County or any municipality located therein or any adjoining county the authority to own, operate and maintain water system, or issue revenue bonds as is provided by the Revenue Bond Law of Georgia. Section 33. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 34. 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 I shall introduce a bill in the 1975 session of the General Assembly to create a body corporate and public to be known as the Appling Water Authority in Columbia County, Georgia; to authorize such Authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water and supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; to authorize such Authority to accept gifts, grants and donations; 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 tenure of office and compensation; to authorize the Authority to contract with others pertaining to the water facilities and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize such Authority to borrow money, or accept grants, or other financial assistance from the Federal Government, its agencies and political subdivision, and to enter into such mortgages, trust indentures, leases or agreements as may be necessary, convenient, or desirable to effectuate such transactions; to authorize such Authority to do any and all things necessary or desirable to secure the financial aid or the cooperation of the Federal government, its agencies, or political subdivisions in the undertaking, construction, maintenance or operation of such projects as such Authority may properly undertake; to authorize the issuance of revenue

Page 2622

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 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 the State of Georgia, or that no debt of the County of Columbia, shall be incurred in the exercise of powers granted such Authority; to make the bonds of the Authority exempt from taxation; to provide for the exemption from all taxes subdivisions thereof of all property owned by such Authority; to provide for the Authority to condemn property of every kind; to authorize the issuance of refunding bonds; to fix the venue of jurisdiction of sections relating to any provisions of this Act and to provide that such bonds be validated; to provide for the separate enactment of each provision of this Act and repealing all laws or parts of laws in conflict with provisions of this Act; and for other purposes. This 20th day of December, 1974. Ray Owens Representative, 73rd District Columbia County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray D. Owens 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 Columbia News which is the official organ of Columbia County, on the following dates: December 25, 1974, January 1, 8, 1975. /s/ Ray D. Owens Representative, 77th District

Page 2623

Sworn to and subscribed before me, this 15th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 5, 1975. DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY ACT. No. 45 (House Bill No. 379). An Act to create the Downtown LaGrange Development Authority; to provide for the appointment of members of the Authority and their terms of office; to provide for a recall of the members; to create the Downtown LaGrange District; to authorize the Authority to levy a tax; to provide for the powers of the Authority; to authorize the Authority to issue revenue bonds; to provide for procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the provisions of Article VII, Section VII, Paragraph I of the Constitution, there is hereby created in and for the City of LaGrange the Downtown LaGrange Development Authority, hereinafter referred to as the Authority. Creation. Section 2. (a) The Authority shall be composed of nine members to be appointed and elected as hereinafter provided. One member of the Authority shall be the Mayor of the City of LaGrange or, if the Mayor does not desire to be a member, a member shall be appointed by the Mayor and City Council. Such person shall be an elected official of the City of LaGrange. Four members of the Authority shall represent

Page 2624

the owners of real property which is subject to the tax provided for in Section 4 of this Act and shall be known as The Real Property Owner Group. The remaining four members of the Authority shall represent the owners of business establishments whose principal place of business is located in the Downtown LaGrange District and shall be known as The Business Group. A person who both owns downtown real estate and operates a business within the District is entitled to vote for the representatives of both The Real Property Owner Group and The Business Group. However, no individual shall hold more than one seat on the Authority. The initial four members of the Authority representing each group shall be appointed by the Mayor and City Council of the City of LaGrange within 30 days after this Act becomes effective. Such members shall serve through February 29, 1976. Thereafter, all terms of office of members of the Authority shall be for two years, except for the Mayor or his representative whose term shall coincide with the Mayor's election. Members. (b) After the initial appointment of members of the Authority by the Mayor and City Council, all expired terms shall be filled by persons elected in a caucus of each respective Owner's Group, which caucus shall be held in the first full week in February, beginning February, 1976. Such caucuses shall be held at such time and place as the Mayor of the City of LaGrange shall designate, and the Mayor shall give all members of such group 15 days' written notice prior to such caucus. The caucuses of the two respective groups shall not be held at the same time because of the possibility of an individual being eligible to vote in both caucuses, as provided in section 2(a). After the initial appointment, terms of office for all members of the Authority, except for the Mayor or his representative as defined in section 2(a) above, shall begin and terminate on March 1 every other year. In the event of a vacancy in the membership, the Mayor shall call a special meeting of the group wherein the vacancy occurs for the purpose of electing a successor to serve out the term of office of the former member. Terms. (c) In the event that 33 1/3% of the total number of the members of either group shall petition the Authority, the Authority shall call a caucus of such group for the purpose

Page 2625

of recalling any member named to the Authority by that group. At such a caucus, if a majority of such group present and voting shall vote to recall any such member of the Authority, such group shall elect a successor to such recalled member to serve out the term of office formerly occupied by the recalled member. No petition for the recall of any single member of the Authority shall be filed within a twelve-month period subsequent to the filing of any previous referendum for the recall of such member. Recall. (d) All persons required to give notice of meeting and caucus dates shall exercise reasonable care so that as nearly as practical all persons entitled to notice of such meeting shall be appraised of such times and places. Section 3. There is hereby created within the City of LaGrange the Downtown LaGrange District which shall be composed of all that territory embraced within the following description: All that tract or parcel of land lying and being in the City of LaGrange, Georgia, and being more particularly described as follows: District. Beginning at the intersection of North Lewis Street and Smith Street and running thence in a easternly direction and along Smith Street to its intersection with Morgan Street; running thence in a southernly direction and along Morgan Street to its intersection with West Depot Street; running thence in a westernly direction and along West Depot Street to its intersection with South Lewis Street; running thence in an northernly direction and along South Lewis Street to its intersection with Vernon Street; running thence in a westernly direction and along Vernon Street to its intersection with Greenwood Street; running thence northernly and along Greenwood Street to its intersection with Broad Street; running thence easternly and along Broad Street to its intersection with North Lewis Street; running thence northernly and along North Lewis Street to the point of beginning. Section 4. The Authority shall be authorized to levy upon all real property subject to taxation by the Authority within the Downtown LaGrange District on January 1 of

Page 2626

each year a tax not to exceed 20 mills upon the assessed value of all such propery, according to the assessed value of such property for ad valorem tax purposes for the City of LaGrange. All taxes levied by the Authority shall become due and payable at the same time as ad valorem taxes levied by the City of LaGrange. Delinquent taxes shall bear the same interest and penalties as City of LaGrange ad valorem taxes. Taxes. Section 5. The Authority shall have the power: (a) to buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to, machinery, apparatus, equipment and utilities useful or desirable in connection therewith within the Downtown LaGrange District; Powers. (b) to receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures; (c) to grant, loan and lease any of its funds and property to private persons and corporations for the purpose of making capital improvements or capital acquisitions to real property within the Downtown LaGrange District which, in the judgment of the governing body of this Authority, shall be of benefit to the economic improvement and development of said district or area; (d) to borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto; (e) to appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this Act; (f) to encourage and promote the economic improvement, development and rehabilitation of the Downtown LaGrange

Page 2627

District and to make long-range plans therefor in cooperation with the planning development of the Downtown LaGrange Development Authority, City of LaGrange and Troup County; (g) to accumulate its funds from such tax levy herein authorized from year to year and to invest and reinvest such funds; (h) to designate any of its officers to sign and act for the Authority pertaining to the rights, powers and privileges herein conferred; (i) to do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this Act and the rights, powers and privileges herein conferred; (j) to contract with the City of LaGrange for the collection of any taxes levied by the Authority; (k) to adopt such bylaws governing the conduct of the affairs of the Authority and to elect such officers as the Authority shall deem necessary; (l) to contract with the City of LaGrange and other political subdivisions of the State of Georgia and other private persons and corporations; (m) to exercise all of the powers vested in the Authority by Article VII, Section VII, Paragraph I of the Constitution, including the power to bring suit, and all other necessary and ancillary powers necessary to carry out the provisions of said Paragraph as it pertains to the Downtown LaGrange Development Authority. Section 6. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of LaGrange within the meaning of Article VII, Section VII, Paragraph I of the Constitution, nor a pledge of the faith and credit of said city, nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon,

Page 2628

any funds of the city. Any bondholder shall have the right to compel the Authority to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon. Bonds. Section 7. The Authority is hereby authorized to issue revenue bonds or obligations from time to time to carry out the purposes of this Act. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution of the governing body of the Authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said Authority in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds shall bear such date or dates, mature at such time or time, not exceeding 30 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said Authority are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution authorizing the issuance of such bonds shall bond said governing authority then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principle of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that purpose. Such bonds issued by said Authority shall be validated in the Superior Court of Troup County in the same manner as revenue bonds of

Page 2629

municipalities are validated as provided under the Revenue Bond Law (Ga. L. 1937, p. 761), as amended. There shall be no limitation upon the amount of revenue bonds or obligations which the Authority may issue. Same. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Troup County. Before me personally appeared Glen D. Long who being duly sworn, deposes and says that he is the Publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Notice of Intention to Introduce Local Legislation. Notice is hereby given that a bill will be introduced in the 1975 session of the Georgia General Assembly to provide for the creation of the Downtown LaGrange Development Authority; to provide for the functions thereof; and for other purposes. Edwin G. (Ed) Mullinax Representative, District 69 has been published in said LaGrange Daily News, to-wit: January 2, 1975, January 9, 1975, January 14, 1975, being 3 publications of said notice and petition, issued on dates aforesaid respectively. /s/ Glen D. Long, Publisher Sworn and subscribed before me this 20th day of Jan. 1975. /s/ Sue K. Whatley Notary Public, Troup County. My Commission Expires March 6, 1976. (Seal). Approved March 5, 1975.

Page 2630

CITY OF OGLETHORPENEW CHARTER. No. 51 (House Bill No. 320). An Act to create a new charter for the City of Oglethorpe, in the County of Macon, Georgia; to consolidate, supersede, and repeal the charter provided by an Act approved November 28, 1900 (Ga. L. 1900, p. 394), as amended; to provide for incorporation of the City; to provide for corporate limits; to provide for the corporate powers, duties and authority of the City, to be exercised by the City council; to provide for the validation of ordinances by laws, rules and regulations in force in said City on the effective date of this Act; to provide for the election of a mayor and councilmen and their terms of office, duties, powers, authority, qualifications, meetings, quorums and the manner of filling vacancies; to provide for the method and manner of conducting City elections and the practices and procedures in connection therewith; to provide that the mayor shall preside at meetings of the council; to provide for a mayor pro tem and the method of his appointment or election and his duties, powers and authority; to provide for a City clerk and the manner of his appointment, his term of office, his duties, powers and authority, his compensation, his bond, and other matters pertaining to the office of City clerk; to provide for City legislation and the practices, procedures and methods of adoption, amendment, repeal and filing of such legislation; to provide for regular, adjourned and special meetings of the mayor and council; to provide for the organization of City government; to provide for offices, positions of employment, departments, agencies and employees of the City and their duties, powers and authority; to provide for the administrative duties of the mayor; to provide for the appointment of a City attorney and his duties, powers, authority and compensation; to provide for a mayor's or recorder's court and the jurisdiction, powers and duties of said court; to provide that the mayor or a recorder shall conduct such court; to provide for the powers and duties of the recorder or mayor while serving as judge of said court; to provide for appeals and bonds; to provide for practices and procedures in connection with such court;

Page 2631

to provide for oaths of office; to prohibit certain political activity by officers and employees of the City; to provide for the fiscal administration of the City; to provide for fiscal years; to provide for the preparation and submission of budgets and the practices and procedures in connection with such budgets; to provide for action by the council on budgets; to provide for the procedures, practices and requirements for the sale of City property; to provide for audits; to provide for the assessment, levy and collection of ad valorem property taxes and the practices and procedures in connection therewith; to provide for tax due dates and tax bills; to provide for penalties; to provide for the collection of delinquent taxes; to provide for special assessments; to provide for licenses and occupational taxes and the practices and procedures in connection with the issuance, amendment or revocation of such licenses and taxes; to provide for the transfer or assignment of executions and fi. fas.; to provide for the issuance of general obligation bonds; to provide for the issuance of revenue bonds; to provide for restrictions on actions for damages against the City; to provide for written statements by claimants in certain actions against the City; to provide for penalties; to provide for severability; 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: ARTICLE I. CHARTER, DEFINITIONS, CITY LIMITS AND CORPORATE POWERS Section 1.01. This Act is a charter. This Act shall constitute the whole charter of the City of Oglethorpe, repealing and replacing the charter provided by an Act approved November 28, 1900 (Ga. L. 1900, p. 394), as amended. The City of Oglethorpe, in the County of Macon, Georgia, and the inhabitants thereof, are hereby constituted and declared to be a body politic and corporate by the name and style of City of Oglethorpe, Georgia, and by that name shall have perpetual successions, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions

Page 2632

whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02. City limits. The corporate limits of said City shall extend for a distance of three quarters of a mile in every direction from the point formed by the intersection of the center line of Baker Street with the center line of Cuyler Street. Section 1.03. Corporate powers. The corporate powers of the City, to be exercised by the City Council, shall include the following: (1) To levy and to provide for the assessment 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 provide for the manner and method of payment of such licenses and taxes. (3) To levy and to provide for the collection of registration fees on automobiles and trucks owned by residents of the City, and also on automobiles and trucks owned by non-residents and operated within the City with any regularity. Such registration fees on trucks or automobiles may be graduated according to their tonnage capacities, weight or horsepower. (4) To appropriate and borrow money to provide for payment of the debts and expenses 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, and to authorize the expenditure of money for any municipal purpose or matter of national or State interest. (5) To acquire, dispose of, buy, sell and hold in trust or otherwise any real, personal or mixed property, inside or outside the City. (6) To condemn property, inside or outside the City, for

Page 2633

present or future use, and for any corporate purpose deemed necessary by the City Council, under Code section 36-202, or under other applicable public Acts as are in effect or may be enacted. (7) To acquire, lease, construct, operate, maintain, distribute, 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 to provide for the withdrawal of service for the refusal or failure to pay same and the manner in which remedies shall be enforced. For water and gas furnished and for all sewerage and sanitary services rendered, said City 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. (8) 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. (9) To regulate the rates and services of public utilities insofar as not to conflict with such regulation by the Georgia Public Service Commission or other similar State or Federal agency having jurisdiction in such matters. (10) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment facilities, airports, hospitals, and charitable, educational, recreational, conservational, 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

Page 2634

property may be acquired by condemnation under Code section 36-202, or other applicable public Acts. (11) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots of 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 so to do. (12) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (13) To provide for the collection and disposal of garbage, rubbish and refuse, and to provide for the separate collection of glass, tin, aluminum, cardboard, and paper and to provide for the sale of such items. 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. (14) To levy a fee, charge a sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewage disposal plant or plants and sewage systems, and to levy on the users of sewers and the sewage system, a sewer service charge fee or sewer tax for the use of sewers and to provide for the manner and method of collecting such service charges and for enforcing payment of same. (15) 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 sewage system. (16) To define, regulate and prohibit any act, practice, conduct, or use of property, detrimental, or likely to be detrimental, to the health, morals, safety, security, peace,

Page 2635

convenience, or general welfare of inhabitants of the City and to provide for the enforcement of such standards. (17) To define a nuisance in the City and to provide for its abatement. The Mayor or Recorder of the City as the case may be, shall have jurisdiction of all nuisance abatement proceedings in the City. The City shall provide by ordinance that the maintenance of any building, structure, or condition in violation of any valid law of this State or any valid ordinance of the City shall be adjudged a nuisance and for its abatement at the owner's expense and upon his failure or refusal to abate same within a period of not less than ten days after written notice from the City to do so and to provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public. (18) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness and safety of inhabitants of the City, and to provide for the enforcement of such standards. (19) To regulate and license weights and measures. (20) To provide that persons given jail sentences in the City Court shall work out such sentences on the streets or any public works of the City or in a City workhouse established for this purpose, as provided by ordinance; or the council may provide for the commitment of City prisoners to the county workhouse or jail by agreement with the appropriate county officers. (21) To regulate and license or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same when 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; to provide punishment for violation of ordinances enacted hereunder.

Page 2636

(22) To order any railroad operating within the City to construct viaducts or underpasses to eliminate grade crossings or to pave and maintain grade crossings or to pave and maintain grade crossings in a smooth and safe condition. The City shall pay the costs of constructing approaches to the railroad's right of way line. Each day's failure of the railroad to comply with such an order after a reasonable time has elapsed shall be a separate offense, and shall be punished by a fine not to exceed fifty dollars ($50.00) for each offense. If the railroad refuses to do such work, the City may have the work done and may collect the cost thereof from the railroad by the use of all legal and equitable remedies available under the law. (23) 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. (24) To levy and provide for the collection of special assessments for public improvements. (25) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as hereinafter provided. (26) 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 other, comfort, convenience, morals, and general welfare of the City and its inhabitants, and all implied powers necessary to carry into execution all powers granted in the Act as fully and completely as if such powers were fully enumerated herein. No enumeration of particular powers in this Act shall be held to be exclusive of others nor restrictive or 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 Acts of the State.

Page 2637

(27) To accept 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. (28) To lay out, open, widen, extend, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, and prevent erosion of roads, alleys and walkways within the corporate limits of the City without notification. (29) To grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities. (30) To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all structures or obstructions upon or adjacent to the rights of way of streets and roads or within immediate view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances. (31) To regulate the emission of smoke, gas, fumes, exhausts, and other materials which pollute 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. (32) To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general laws, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof. (33) 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.

Page 2638

(34) 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. (35) To provide and maintain a system of pensions and retirement for officers and employees of the City. (36) 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. (37) 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. (38) 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. (39) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of the State of Georgia. (40) 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 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. (41) To impose, levy and collect excise taxes, gross receipts, taxes, sales or use taxes, amusement admission 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.

Page 2639

(42) 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 Oglethorpe. Section 1.04.4 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 said mayor and council of said City. ARTICLE II. CITY COUNCIL Section 2.01. Election of mayor and councilmen . On the first Thursday in December, 1975, and on said date biennially thereafter, there shall be an election for the mayor and three councilmen. On the first Thursday in December, 1976, and on said date biennially thereafter, the remaining two councilmen shall be elected to serve two years. Thereafter, on the same date the mayor and councilmen shall be elected in the order of expiration of terms of those so elected. The mayor and council shall have the power to provide the exact manner in which and place where said elections shall take place and to require the preservation of good order and prevent disturbance or interference with the free right to vote. The mayor shall appoint three freeholders or one justice of the peace and two freeholders of the City to manage all elections and such clerks as he deems necessary. Each manager, before entering on his duties, shall take the following oath before some judge or justice of the peace: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and prevent all illegal voting, to the best of my ability and power; so help me God. The mayor shall provide at the City's expense all necessary material for use of managers in elections. The mayor and council may prescribe by ordinance how votes may be challenged; how the returns of all elections shall be made and the result declared, how contests of any

Page 2640

election shall be conducted, and prescribe all rules and regulations for the proper conduct of all elections in said City. Section 2.02. 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, also of the amount and manner of compensating them for their services. 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 three councilmen and served on the other members personally or left at their residences at least twelve hours in advance of the meeting and notice of any special meeting may be waived in writing before or after 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 adopt, by ordinance, rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The council may subpoena and examine witnesses, may order the production of books and papers, and shall have the same powers as the State Court of Macon County, or comparable county courts, to punish for refusal to obey such an order or subpoena or for disorderly or contemptuous behavior in the presence of the council. Section 2.03. 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.

Page 2641

Section 2.04. Mayor Pro-Tem. 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 mayor pro tem who shall serve for a term of one year. In the event that no decision is reached at such first regular meeting, the council shall elect the vice-mayor within five ballots to be taken within ten days following such meeting; 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 any unexpired term in the office of mayor, in which case a new mayor pro tem shall be elected by majority vote of the council. Section 2.05. 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, is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the council, or has been continuously disabled for a period of six months so as to prevent him from discharging the duties of his office, or if he is adjudged an incompetent or is convicted of malfeasance or misfeasance in office, or felony, a violation of this Act or a violation of the election laws of the State. The council shall appoint a qualified person to fill such a vacancy for the remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for fifteen days, the mayor or mayor pro-tem in case of a vacancy in the office of mayor, shall appoint a qualified person to fill the vacancy. At no time shall there be more than two members so appointed holding office, and if a vacancy occurs with two members so appointed on the council, a special election shall be held on the eighth Tuesday 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. Section 2.06. City clerk. The mayor and council shall appoint a City clerk, who shall be responsible for keeping and

Page 2642

preserving the City seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the council or mayor. The salary of the City clerk and his term of office shall be as prescribed by the mayor and council. The council shall require the clerk, before entering upon discharge of his or her 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 Oglethorpe, for the faithful performance of his or her duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said security bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the council and the premiums thereon shall be paid by the City. Section 2.07. 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 motion, resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any motion, resolution or ordinance. After adoption of ordinances, the City clerk shall number ordinances consecutively in the order of their final adoption and shall file them in 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. All ordinances before they are passed shall be read twice, and each reading had at a separate meeting, regular, adjourned, or special, on separate days. The first reading shall be at a regular meeting of the council, provided that both readings of said ordinance may be had at the first meeting, upon unanimous consent of the council to that effect; provided further, that

Page 2643

ordinances or resolutions appropriating or involving the expenditure of money or for other than current expenses shall be read twice as above provided and the rule shall not be suspended. ARTICLE III. ORGANIZATION AND PERSONNEL Section 3.01. Organization. The City government shall continue as presently organized, unless and until otherwise provided by ordinance, but no such ordinance shall be adopted until after the council has received and considered the written recommendations of the mayor. The council by such ordinances may establish, abolish, merge or consolidate offices, positions of employment, departments, and agencies of the City, may provide that the same person shall fill any number of offices and positions of employment, and may transfer or change the functions, duties and compensation of offices, positions of employment, departments, and agencies of the City. As governing body of the City, the council shall name the authority to generally supervise and hire and 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 Oglethorpe 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 council for the purpose of determining the reason or reasons for such firing or request or inducement 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 3.02. 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 actions as the mayor may direct for such purposes. He may conduct inquiries and investigations into the conduct

Page 2644

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 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 party, shall be the prosecuting officer in the mayor's or recorder's court, shall advise the council, mayor and other officers and employees of the City concerning legal aspects of the City's affairs, and shall approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, and motions prior to enactment or execution by the council and mayor. Section 3.04. Mayor's or recorder's court. There shall be a mayor's or recorder'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 or recorder in the courtroom in the City hall of said City as often as necessary. If the council shall so decide, a recorder shall be appointed to serve from year to year, at a salary to be fixed by the council, and if so appointed, such recorder shall conduct the court. If no recorder is appointed, the mayor shall conduct the court. If both the mayor and recorder are absent or disqualified, any councilman designated by the mayor may hold court. The recorder or mayor shall have full power and authority, upon conviction to sentence any offender to labor upon the streets or other public works in the City for a period not exceeding thirty days, or to impose a fine not exceeding five hundred dollars, or both, in the discretion of the presiding officer. The recorder or mayor shall have the right to issue criminal warrants, to hold preliminary trials and to fix bonds of all persons tried before him to answer for their appearance at the Superior Court of Macon County or the State Court of Macon County, for violations of the criminal laws of said State, or in default of such bond, commit such offenders to jail for safekeeping. The mayor's or recorder's court shall be held at such times and places as the council may designate. The right to

Page 2645

appeal any bond as may be required to secure the costs on appeal to the Superior Court of Macon County from the mayor's or recorder's court shall lie in the same manner and under the same procedure as generally described for appeals and bonds from the Probate Court of Macon County; 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 3.05. Other officers and employees. After receiving the written recommendations of the mayor, the council may establish by ordinance, offices and positions of employment and may abolish, combine or modify them by ordinance in accordance with such recommendations. Public utilities owned or operated by the City shall be under the supervision of the mayor, council and employees appointed by them or may be under boards or commissions appointed by and answerable to the mayor and council, as may be provided by ordinance. Section 3.06. Oath of office. Before a person takes any office in the City government, be shall take the following oath or affirmation before an officer of this State authorized to administer oaths: 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 Oglethorpe, and that I will faithfully discharge the duties of the office of...... Section 3.07. Political activity prohibited. No officer or employee of the City, other than the mayor and councilmen, shall continue in the employment of the City after becoming a candidate for nomination or election to any public office. 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,

Page 2646

but another fiscal year may be fixed by ordinance for the entire City government or for any utility. Section 4.02. Mayor to submit annual budget. On or before 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 budget for the next fiscal year, showing separately for the general fund, each utility, and each other fund the following: (a) revenue and expenditures during the preceding fiscal year, (b) appropriations and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the current fiscal year, and (e) such other information and date, as may be considered necessary by the mayor or requested by the council. Section 4.03. Action by council on budget. Before the beginning of the ensuing fiscal year the council shall adopt an appropriation ordinance, based on the mayor's budget with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department and agency. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property or lives of the inhabitants of the City; provided the council unanimously agrees there is such [Illegible Text] emergency. If emergency conditions prevent the [Illegible Text] 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 an ordinance specifically passed for such purpose.

Page 2647

Section 4.04. 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 to said mayor and council shall seem equitable and just to the City. Section 4.05. 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, and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilman. Section 4.06. Property taxes. All property subject to taxation for State and county purposes, including the capital stock and inventory of merchants and public service companies, assessed as of January 1st in each year, shall be subject to the property tax levied by the City. The council shall elect to use the county assessment. Said property is to be taxed at the rate provided by ordinance. Section 4.07. 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, the property tax rate in effect for the last fiscal year shall continue in effect as the tax rate for the new fiscal year. Section 4.08. Tax due date and tax bills. The due dates of property taxes shall be fixed 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 on the day following the specified due date, at which time a penalty of ten percent (10%) but not less than $10.00 shall be added, and after the due date such taxes shall be subject to interest at the rate of seven percent (7%) per annum from the due date until paid. On and after the date when such taxes become delinquent, the tax

Page 2648

records of the City shall have the force and effect of a judgment of a court of record. Section 4.09. Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by distress warrants issued by the mayor and City attorney for the sale of goods and chattels to be executed by any police officer of the City either under the laws governing execution of such process from a justice of the peace, or under 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 additional 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 1st 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 4.10. Special assessments. The City may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, sewers, or 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 on the day following the specified due dates, shall thereupon be subject to a penalty of ten percent (10%), and shall thereafter be subject to interest at the rate of seven percent (7%) per annum from due date until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and City property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for City property taxes. Section 4.11. Licenses and occupational taxes. The council may provide by ordinance for the levy of such license and occupational taxes upon the residents of the City of Oglethorpe, 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

Page 2649

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 4.12. Transfer of executions. The City Clerk of the City of Oglethorpe 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 4.13. 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 4.14. 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.

Page 2650

ARTICLE V. MISCELLANEOUS Section 5.01. Restrictions on action 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 (60) days after such cause of action shall have occurred, except that when the claimant is an infant or non compos mentis, or an injured person dies within sixty days, the time limit for filing a claim shall be one hundred and twenty days. No officer or employee of the City may waive this requirement. Section 5.02. Penalties. The violation of any provisions of this Act or any ordinance adopted pursuant to this Act, for which a penalty is not specifically provided herein, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment not to exceed thirty days, or by both such fine and imprisonment. Section 5.03. Severability. If any article, section, subsection, paragraph, sentence, or part thereof, of this Act shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not effect or impair other parts of this Act unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Act that each article, section, subsection, paragraph, sentence, or part thereof, be enacted separately and independently of each other. Section 5.04. Effective date. This Act shall be effective on and after the first day of March, 1975. Section 5.05. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a

Page 2651

bill to reincorporate the City of Oglethorpe, Georgia, and provide a new charter for said city; and for other purposes. This 23rd day of December, 1974. Larry Walker Representative, 115th 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 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Citizen and Georgian which is the official organ of Macon County, on the following dates: January 1, 8, 15, 1975. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 21st day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 11, 1975. DOUGHERTY COUNTYCOUNTY ADMINISTRATOR PROVIDED. No. 52 (House Bill No. 513). An Act to provide for the creation of the office of County Administrator of Dougherty County; to provide for the

Page 2652

appointment of the Administrator; to provide for the term of office of the Administrator; to provide the duties of the Administrator; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the Office of County Administrator of Dougherty County. Section 2. The County Administrator shall be appointed by majority vote of the Board of Commissioners of Dougherty County. No member of the Board of Commissioners of Dougherty County shall be appointed County Administrator or acting County Administrator during the term of office for which he was elected or for a period of one year thereafter. Appointment. Section 3. The County Administrator shall be chosen by the Board of Commissioners of Dougherty County solely upon the basis of his executive and administrative qualifications with special reference to his actual experience in, or knowledge of, accepted practices in respect to the duties of his office as hereinafter set forth. Section 4. The County Administrator shall be appointed in January of each year for a term of one year. Except that the Board of Commissioners of Dougherty County shall upon the effective date of this Act appoint the County Administrator for a term to expire in January of 1976. The County Administrator shall be subject to suspension or removal from office at any time for just cause. In case of suspension or removal the County Administrator shall be given a written statement of the reasons for such action. He may within five (5) days from receipt thereof request a public hearing thereon before the Board of Commissioners of Dougherty County, which request shall be filed with 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

Page 2653

hereof performed by some other person designated by the Board of Commissioners to perform such duties. The action of the Board of Commissioners in suspending or removing the County Administrator shall be by majority vote and shall be final. Term. Section 5. The County Administrator shall be paid an annual salary to be fixed by the Board of Commissioners of Dougherty County, and there shall be no reduction thereof during his term of office. Salary. Section 6. The County Administrator shall be the chief Administrative officer of the County of Dougherty and head of the administrative branch of the County government. He shall be responsible to the Board of Commissioners of Dougherty County, for the proper administration of all affairs of Dougherty County, except as otherwise provided by law, and it shall be his duty: Duties. (a) To appoint and when in his discretion the welfare of the County requires it suspend, discharge, transfer or remove all employees for whom the said Board is responsible, except the County Attorney and the Chief of the County Police who shall be appointed directly by the said Board, but he may delegate to any department head such powers with respect to subordinates within that department; and (b) To see that all ordinances, resolutions, rules, and regulations of said board and all laws of the State subject to enforcement by him or by officers or department heads subject to his direction and supervision are faithfully executed; (c) To exercise control over all departments or divisions of the County which the Board has heretofore exercised, or that may hereafter be created, and to direct and supervise the administration of all county offices and specifically the construction, maintenance and operation of all county roads, bridges, drains, buildings and other public works, and the care and maintenance of all real and personal property owned by Dougherty County;

Page 2654

(d) To attend all meetings of the board, with the right to take part in the discussions, but having no vote. The County Administrator shall be entitled to notice of all special meetings; (e) To prepare and submit to the board the annual budget and capital program and to execute the budget and capital program adopted by the board, approving all disbursements and expenditures as budgeted and/or authorized by the board; (f) To examine regularly at periods fixed by the said Board the accounts, records, and operations of every County board, commission, department, office and agency which received appropriations from the said Board; to make regularly monthly reports to the said Board on County fiscal and other affairs; to keep the said board fully advised on the financial conditions and future need of the County; and to make such recommendations on County affairs as he deems necessary for the efficient operation of the County; and (g) To submit to the said board at the end of each fiscal year a complete report on the finances and administrative activities of the County for the preceding year; and (h) To confer and advise with all other elected or appointed officials of Dougherty County who are not under the immediate control of the said board but who receive financial support from said board; (i) To fix the salaries of all officers and employees of the county, whom he has the right to appoint, subject, however, to supervision, control or disapproval by the board; (j) To devote his entire time to the affairs of his office; and (k) To perform such other duties as may be required of him by the said board. Section 7. The County Administrator shall be the chief

Page 2655

purchasing agent for the County, by whom all purchases and supplies and all contracts therefor shall be made, and he shall sign all vouchers for the payment of the same under such rules and regulations as the Board of Commissioners may adopt; provided, that no contract purchase or obligation involving over $2,500.00 shall be valid and binding until after approval of the Board of Commissioners of Dougherty County. Purchases. Section 8. The County Administrator shall be Clerk of the Board of Commissioners of Dougherty County. Clerk. Section 9. The Board of Commissioners may designate some qualified person to act as acting County Administrator in the absence of the County Administrator. While so engaged, the acting County Administrator shall have all of the rights, duties, and authority of the County Administrator. Acting County Administrator. Section 10. The County Administrator and any acting County Administrator shall be required to execute and deliver a good and sufficient bond payable to the Board of Commissioners of Dougherty County and the premium therefor to be paid by Dougherty County. Bond. Section 11. This Act shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law. Effective date. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1975 Session of the General Assembly of Georgia a bill to provide for the establishment of the office of County Administrator of Dougherty County; and for other purposes.

Page 2656

This 18th day of December, 1974. Jesse W. Walters County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. S. Dick Hutchinson who, on oath, deposes and says that he is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Dougherty County, on the following dates: December 20, 27, 1974 and January 3, 1975. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 29th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 11, 1975. DOUGHERTY COUNTYBOARD OF COMMISSIONERSMETHOD OF ELECTING CHAIRMAN CHANGED, ETC. No. 53 (House Bill No. 524). An Act to amend an Act creating a Board of Commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), as amended, so as to change the method of electing the chairman of the said board of commissioners;

Page 2657

to provide for terms of office of the chairman of said board; to provide for duties and powers of the chairman of said board; to provide for vacancies; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Dougherty County, approved March 4, 1941 (Ga. L. 1941, p. 834), 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 Board of Commissioners of Dougherty County shall consist of five members. All of said commissioners shall be qualified voters in said county and shall be elected by the qualified voters of said county. The members of said board of commissioners shall be elected as hereinbefore authorized by law, except for the chairman who shall be elected as hereinafter provided. Members. Post No. 4 of the present Board of Commissioners of Dougherty County and which is presently occupied by Paul A. Keenan, Jr., is designated as the post which will be occupied by the Chairman of the board of Commissioners of Dougherty County, effective January 1, 1977. Each candidate for the office of Chairman of the Board of Commissioners of Dougherty County must designate that he or she is offering for election as Chairman of the Board of Commissioners of Dougherty County. A candidate must receive a majority of the votes cast in such primary or general election for said post in order to be nominated or elected. Runoff elections shall be held in accordance with the Georgia Election Code. Chairman. The first elected Chairman of the Board of Commissioners of Dougherty County shall be elected in the general election to be held in 1976 and shall take office on January 1, 1977, for a term of two years and until his successor is elected and has qualified. Thereafter, the Chairman of the Board of

Page 2658

Commissioners of Dougherty County shall hold office for a term of four years and until his successor is elected and has qualified and shall be elected in the general election of 1978 and in the general election every four years thereafter. The Chairman of the Board of Commissioners of Dougherty County shall preside at all meetings of the Board of Commissioners of Dougherty County; shall have a voice in all proceedings before the board and shall have a vote in each and all matters and proceedings whatsoever, but no veto; shall call special meetings of the board as required or as requested by a majority of the members of the Board of Commissioners of Dougherty County; and shall appoint members and chairmen of all committees of the board. The Chairman of the Board of Commissioners of Dougherty County shall be recognized as the official head of Dougherty County by the State, federal and other authorities for military and ceremonial functions. All vacancies in the office of Chairman of the Board of Commissioners of Dougherty County shall be filled in the same manner as vacancies on the Board of Commissioners of Dougherty County are filled. 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 1975 Session of the General Assembly of Georgia a bill to provide for the creation of the office of Chairman of the Board of Commissioners of Dougherty County, election of the Chairman of the Board of Commissioners of Dougherty County; and for other purposes. This the 18th day of December, 1974. Jesse W. Walters

Page 2659

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. S. Dick Hutchinson who, on oath, deposes and says that he is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Albany Herald which is the official organ of Dougherty County, on the following dates: December 20, 27, 1974 and January 3, 1975. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 29th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 11, 1975. BAKER COUNTYOFFICE OF TREASURER ABOLISHED, ETC.REFERENDUM. No. 54 (House Bill No. 786). An Act to abolish the office of Treasurer of Baker County; to provide that the Board of Commissioners of Baker County shall appoint depositories for county funds; to provide an effective date; to provide that this Act shall be effective before said effective date under certain circumstances; to provide procedures connected with the foregoing; to provide for the construction of this Act; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2660

Section 1 . The office of Treasurer of Baker County is hereby abolished effective December 31, 1976, or upon a vacancy occurring in this office by reason of death, resignation, retirement or any other reason, whichever first occurs, and it shall be the duty of the Board of Commissioners of Baker County on January 1 of each year to appoint a chartered bank or chartered banks, which are located and doing business in Baker County, as a depository or depositories of all funds of Baker County. All county funds which were paid to the treasurer before the effective date of this Act shall be paid to the Board of Commissioners of Baker County and shall be deposited by said commissioners in said county depository or depositories. Abolished. Section 2 . Said county depository or depositories shall not pay out any of such county funds so deposited except on order or check duly signed by a majority of the members of the board of commissioners. Depository. Section 3 . Such depository or depositories shall be selected under such rules and regulations as may be prescribed by the Board of Commissioners of Baker County. Selection. Section 4 . Said depository or depositories shall furnish to the board of commissioners at the end of each month a statement showing the amount of funds deposited and paid out during the month, and the balance remaining on deposit together with all cancelled checks paid during said month. Additional statements shall be furnished from time to time upon request of said board of commissioners. Statements. Section 5 . Said depository or depositories shall receive no compensation for acting as such depository. Section 6 . This Act shall become effective on December 31, 1976; provided, however, that in the event the office of Treasurer of Baker County shall become vacant by death, resignation, retirement or for any other reason at any time before December 31, 1976, then this Act shall become effective on the day said office becomes vacant, and in such event, it shall be the duty of the board of commissioners to appoint a depository or depositories to receive county funds

Page 2661

until the following January first at which time the depository or depositories shall be appointed in accordance with the provisions of Section 1 of this Act. Effective date. Section 7 . It shall be the duty of the Election Superintendent of Baker County to issue the call for an election for the purpose of submitting this Act to the electors of Baker County for approval or rejection. The superintendent shall set the date of such election for Tuesday, June 17, 1975, and shall issue the call for such election at least 30 days prior to the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baker County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act abolishing the office of Treasurer of Baker County, effective December 31, 1976, be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 Baker County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to abolish the office of treasurer of Baker County; to provide for the exercise of the former duties of such office when abolished; and for other purposes.

Page 2662

This 13th day of December, 1974. Charles Hatcher Representative, 131st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Hatcher who, on oath, deposes and says that he is Representative from the 131st 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 Baker County, on the following dates: December 20, 27, 1974 and January 3, 1975. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me this 17th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 11, 1975. BAKER COUNTYOFFICE OF TAX COMMISSIONER CREATED, ETC.REFERENDUM. No. 55 (House Bill No. 787). An Act to consolidate the offices of Tax Receiver and Tax Collector of Baker County into the office of Tax Commissioner of Baker County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of

Page 2663

office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of Tax Receiver and Tax Collector of Baker County are hereby consolidated and combined into the one office of Tax Commissioner of Baker County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Creation. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Baker County in 1976. The person so elected shall take office on the first day of January following his election and shall serve until December 31, 1980, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the terms of office of the present Tax Collector and Tax Receiver of Baker County, and their terms of office shall continue through December 31, 1976. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Election. Section 3. The tax commissioner shall receive for his services as such an annual salary of $10,000.00, payable in equal monthly installments from the funds of Baker County. Salary. Section 4. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by

Page 2664

the tax commissioner shall be received, collected and held by him as public funds belonging to Baker 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. Fees. Section 5. The tax commissioner shall have the sole authority to employ, discharge and fix the compensation of the employees of his office, but the Board of Commissioners of Baker County shall have final approval of the compensation of each such employee. The compensation of all such employees shall be paid from the funds of Baker County. Personnel. Section 6. All taxes due and payable Baker County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. heretofore issued shall have full force and effect and shall be collectible as issued. Section 7. It shall be the duty of the Election Superintendent of Baker County to issue the call for an election for the purpose of submitting this Act to the electors of Baker County for approval or rejection. The superintendent shall set the date of such election for Tuesday, June 17, 1975, and shall issue the call for such election at least 30 days prior to the date of such election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baker County. The ballot shall have written or printed thereon the words:

Page 2665

() YES () NO Shall the Act consolidating the offices of Tax Receiver and Tax Collector of Baker County into the office of Tax Commissioner of Baker County, effective January 1, 1977, be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 Baker County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to consolidate the offices of tax collector and tax receiver of Baker County into the one office of tax commissioner of Baker County; and for other purposes. This 13th day of December, 1974. Charles Hatcher Representative, 131st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Hatcher who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published

Page 2666

in the Albany Herald which is the official organ of Baker County, on the following dates: December 20, 27, 1974 and January 3, 1975. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me this 17th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 11, 1975. GREENE COUNTYSMALL CLAIMS COURT CREATED, ETC. No. 56 (House Bill No. 930). An Act to create and establish a Small Claims Court in and for Greene 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

Page 2667

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 Greene County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by 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 Greene 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. 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 Greene 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. Section 4. Any duties herein prescribed to be performed

Page 2668

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. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States postal authorities marked refused, giving the date of refusal, and such

Page 2669

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 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

Page 2670

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. Cost. (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 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

Page 2671

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 competely 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. Section 13. The judge of the Superior Court of Greene County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as Small Claims Court Bailiff and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner

Page 2672

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 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 Greene County

Page 2673

Page 2674

Section 18 . On or before the effective date of this Act the Senior Judge of the Superior Court of Greene County shall appoint, after consultation with the Board of Commissioners of Greene County, 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 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

Page 2675

designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms. Section 22 . A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or to the writ of attachment. It shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to the sender by the United States postal authorities marked refused, giving the date of refusal, and signed or initialed by a United States Postal Service employee or United States mail carrier to whom refusal was made. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be 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

Page 2676

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 five dollars. Fi. Fas. 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. Notice is hereby given that there will be introduced at the 1975 regular session of the General Assembly of Georgia a bill to create a small claims court for Greene County and for other purposes. Given this 21st day of January, 1975. E. Roy Lambert Representative, 112th District

Page 2677

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 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Journal Greensboro, Georgia which is the official organ of Greene County, on the following dates: January 24, 1975, January 31, 1975 and February 7, 1975. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 11th day of February, 1975. /s/ Dianne M. Covington Notary Public, Georgia State at Large. My Commission expires Feb. 19, 1978. (Seal). Approved March 11, 1975. CITY OF MADISONCHARTER AMENDEDRECORDER AUTHORIZED, ETC. No. 57 (House Bill No. 931). 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 authorize the Mayor and Council to appoint a recorder of the Mayor's Court and fix his compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new Charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol.

Page 2678

II, p. 827), as amended, is hereby amended by adding a new section, immediately following section XVIII, to be designated as section XVIII-A, to read as follows: Section XVIII-A. Any other provisions of this Act to the contrary notwithstanding, the Mayor and Council of the City of Madison may appoint a recorder for the Mayor's Court, to replace the Mayor. The recorder shall have all of the powers vested in the Mayor, when the Mayor is sitting as judge of the Mayor's Court. The recorder shall serve at the pleasure of the Mayor and Council. The Mayor and Council shall fix the salary of the recorder which shall be paid in equal monthly installments from the funds of the City of Madison. Recorder. 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 1975 Session of the General Assembly of Georgia, a bill 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 authorize the Mayor and Council of the City of Madison to appoint a recorder of the Mayor's Court; to provide for his powers, duties, qualifications, and compensation; to provide for other matters relative to the foregoing; and for other purposes. This 30th day of December, 1974. E. Roy Lambert Representative, 112th 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

Page 2679

112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian, Madison, Georgia which is the official organ of Morgan County, on the following dates: January 6, 1975, January 13, 1975 and January 20, 1975. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 11th day of February, 1975. /s/ Dianne M. Covington Notary Public, Georgia State at Large. My Commission expires Feb. 19, 1978. (Seal). Approved March 11, 1975. CITY OF MADISONCHARTER AMENDEDTERM OF MAYOR CHANGED, ETC. No. 58 (House Bill No. 932). An Act to amend an Act creating a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Volume II, p. 827), as amended, particularly by an Act approved March 18, 1974 (Ga. L. 1974, p. 2182), so as to change the terms of office of the mayor and councilmen; 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 creating a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Volume II, p. 827), as amended, particularly by an Act approved March 18, 1974 (Ga. L. 1974, p. 2182), is hereby amended by striking section IV in its entirety and inserting in lieu thereof a new section IV, to read as follows:

Page 2680

Section IV. (a) For the purpose of electing councilmen, there shall be four council posts which shall be numbered consecutively as Council Post 1 through Council Post 4. Any person desiring to run for city councilman shall designate the council post for which he is offering. All councilmen shall be elected by a majority of the qualified electors voting in the elections conducted for that purpose as hereinafter provided. The first such election shall be conducted on the third Tuesday in March, 1975, at which election the councilmen from Council Posts 1 and 3 shall be elected. The councilmen elected to Council Posts 1 and 3 shall be elected for terms of three years and shall assume office on the first day of April following their election. The next such election shall be conducted on the third Tuesday in March, 1976, at which election the councilmen from Council Posts 2 and 4 shall be elected. The councilmen elected to Council Posts 2 and 4 shall be elected for terms of four years and shall assume office on the first day of April following their election. Thereafter, elections shall be conducted on the third Tuesday in March in each year in which the terms of office of any councilmen shall expire, and persons shall be elected to succeed the councilmen whose terms of office expire on March 31 immediately following the election. Successors elected at such elections shall assume office on the first day of April following their election for terms of office of four years each and until their successors are elected and qualified. Councilmen. (b) The mayor shall be elected by a majority of the qualified electors voting in the elections conducted for that purpose. The first election for mayor shall be conducted on the third Tuesday in March, 1975, and the person elected mayor shall assume office on the first day of April following his election, and he shall serve for a term of three years and until his successor is elected and qualified. Thereafter, the elections for mayor shall be conducted every four years on the third Tuesday in March, and a mayor shall be elected to succeed the mayor whose term of office expires on March 31 immediately following such election. Each mayor elected shall assume office on the first day of April following his election, and he shall serve for a term of four years and until his successor is elected and qualified. Mayor.

Page 2681

(c) Those persons presently elected to office as a councilman or as mayor shall continue to serve until their successors are duly elected and qualified 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 regular 1975 Session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Volume II, p. 827), as amended particularly by an Act approved March 18, 1974 (Ga. L. 1974, p. 2181), so as to provide for the election of the Mayor and Councilmen by a plurality vote; to change the terms of office of the Mayor and Councilmen; and for other purposes. This 30th day of December, 1974. E. Roy Lambert Representative, 112th 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 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian, Madison, Georgia which is the official organ of Morgan County, on the following dates: January 9, 1975, January 16, 1975 and January 23, 1975. /s/ E. R. Lambert Representative, 112th District

Page 2682

Sworn to and subscribed before me, this 11th day of February, 1975. /s/ Dianne M. Covington Notary Public, Georgia State at Large. My Commission expires Feb. 19, 1978. (Seal). Approved March 11, 1975. MORGAN COUNTYSUPERIOR COURT CLERK, ETC.SALARY CHANGES. No. 59 (House Bill No. 933). An Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Judge of the Probate Court, 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 Sheriff and the Clerk of the Superior Court of Morgan County; to change the mileage expense allowance of the Sheriff of Morgan 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, Clerk of the Superior Court, Judge of the Probate Court, 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, is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The Clerk of the Superior Court of Morgan County shall be compensated in the sum of twelve thousand dollars ($12,000) per annum, to be paid in equal monthly installments from the funds of Morgan County. The Clerk is hereby authorized to employ such deputies or other

Page 2683

clerical assistants as may be necessary for the efficient operation of his office 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 dollars ($4,000) per annum and not more than six thousand dollars ($6,000) per annum, as shall be determined by the clerk. 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 Sheriff of Morgan County shall be compensated in the sum of twelve thousand dollars ($12,000) per annum, to be paid in equal monthly installments from the funds of Morgan County. In addition thereto, the sheriff shall be paid from the funds of Morgan County the sum of one dollar ($1.00) for each meal served at the county jail to prisoners confined therein. The Sheriff of Morgan County shall provide, maintain and operate at his own expense such automobile or automobiles as he may use in the proper performance of the duties of his office, and shall be paid the sum of twelve cents per mile as mileage expense for each mile traveled in performance of his official duties, or at the discretion of the Morgan County Board of Commissioners the sheriff may be furnished an automobile in lieu of such mileage allowance. The mileage allowance herein provided for shall be paid monthly by the Board of Commissioners of Morgan County upon presentation by the sheriff to said Board a certified, itemized expense account. 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

Page 2684

regular 1975 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 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 Sheriff and the Clerk of the Superior Court of Morgan County; to change the mileage expense allowance of the Sheriff of Morgan County; and for other purposes. This 30th day of December, 1974. E. Roy Lambert Representative, 112th 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 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Madisonian, Madison, Georgia which is the official organ of Morgan County, on the following dates: January 6, 1975, January 13, 1975 and January 20, 1975. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me this 11th day of February, 1975. /s/ Dianne M. Covington Notary Public, Georgia State at Large. My Commission Expires Feb. 19, 1978. (Seal). Approved March 11, 1975.

Page 2685

ROCKDALE COUNTYPUBLIC DEFENDER PROVIDED. No. 60 (House Bill No. 637). An Act to provide for a Public Defender for Rockdale County; to provide for the appointment, qualifications and term of office of said public defender; to provide for the compensation of said public defender; to provide for a definition of indigent person and for the determination of indigency in connection therewith; to provide for certain reports by the public defender; to provide that the protections provided by this Act shall not be construed to exclude any other protections otherwise required for the defense of indigent defendants; to provide for 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 senior judge of the Stone Mountain Judicial Circuit, or in his absence, the acting senior judge, is hereby authorized and directed to appoint a Public Defender for Rockdale County to represent indigent persons of said county 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, 1975, and until his successor is appointed and qualified, and thereafter the public defender shall be appointed for subsequent terms of two years, beginning from the date of his appointment, and until his successor is appointed and qualified. The person appointed as public defender shall be authorized to engage in the private practice of law, both civil and criminal, while serving as public defender. Appointment. Section (2) . (a) The Public Defender for Rockdale County shall be compensated in the amount of $6,000.00 per annum which shall be payable monthly from the funds of Rockdale County. The public defender shall not be authorized to receive

Page 2686

any fees provided by law for the defense of indigent defendants in addition to the compensation provided for herein. Salary. (b) The necessary operating expenses of the office of the Public Defender of Rockdale County, expressly including the compensation of all personnel and employees, shall be paid from any of the funds of Rockdale County available for such purposes. All supplies, materials, furnishings, furniture and utilities as may be reasonably required in discharging the official duties of said office shall be furnished by the county and paid from any funds of the county available for such purposes. The determination of such requirements shall be at the sole discretion of the governing authority of Rockdale County. Expenses. (c) For each fiscal year the governing authority of Rockdale County shall include in the annual budget of said county for the operation of the courts of said county an amount sufficient to pay the compensation and other expenses of the public defender as provided in subsections (a) and (b) of this Section. Section 3. (a) As used in this Act, indigent person means a person who is unable, without undue hardship, to employ the legal services of an attorney or defray the necessary expenses of legal representation, determined as hereinafter provided. Indigents. (b) The Superior Court of Rockdale County shall prescribe a standard of indigency to govern the determination of indigency by the courts within said county. Said superior court shall also prescribe the requirements for a proper showing of material factors relating to ability to pay for legal services and the proper form and authentication thereof. In establishing a standard of indigency, said superior court shall consider such factors as income, property owned, expenses, outstanding obligations, and the number and ages of dependents. Release on bail shall not necessarily preclude a person from being indigent nor shall it be necessary that a person be destitute or a pauper to be indigent. The determination of indigency under this Section should be made at

Page 2687

time of arraignment or prior thereto if requested by said indigent. (c) If, in a proceeding to determine indigency under this Section, any person makes a false statement, under oath, concerning any material factor related to his or another's ability to pay for legal services, it shall constitute the crime of perjury and be punishable as such. (d) To the extent that a person covered hereunder is able to provide for the employment of an attorney, the other necessary services and facilities of representation and court costs, the said superior court may order him to provide for this payment or reimbursement. Section 4. The public defender shall submit an annual report to the governing authority of Rockdale County showing the number of persons represented under this Act, the crime involved and the outcome of each case. A copy of the report shall also be submitted to each court having criminal jurisdication in said county. Report. Section 5. The protections provided by this Act shall not be construed to exclude any other protections otherwise required for the defense of indigent defendants. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to create the office of public defender in Rockdale County; to provide for the appointment, qualifications, compensation and term of office of said public defender; to provide for the representation of indigent persons by State public defenders; and for the determination of indigency in connection therewith; to provide for all other matters relative

Page 2688

to the foregoing; to repeal conflicting laws; and for other purposes. This 17th day of December, 1974. 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 26, 1974, and January 2, 9, 1975. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 12, 1975. ROCKDALE COUNTYSALARY OF TAX COMMISSIONER CHANGED, ETC. No. 61 (House Bill No. 638). An Act to amend an Act creating the office of Tax Commissioner of Rockdale County, approved February 26, 1943

Page 2689

(Ga. L. 1943, p. 1106), as amended, particularly by an Act approved February 28, 1973 (Ga. L. 1973, p. 2051), so as to change the salary of the tax commissioner; to change the salaries of the chief deputy and deputy tax commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Rockdale County, approved February 26, 1943 (Ga. L. 1943, p. 1106), as amended, particularly by an Act approved February 28, 1973 (Ga. L. 1973, p. 2051), 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 $1,365.00 per month, payable from the funds of Rockdale County. Beginning January 1, 1976, the tax commissioner shall receive a salary of $1,400.00 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 $630.00 per month, payable from the funds of Rockdale County. Beginning January 1, 1976, the chief deputy shall receive a salary of not more than $650.00 per month, payable from the funds of Rockdale County. The other deputies shall each receive salaries of not more than $525.00 per month, payable from the funds of Rockdale County. Beginning January 1, 1976, such deputies shall each receive salaries of not more than $550.00 per month, payable from the funds of Rockdale 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 1975 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Tax Commissioner

Page 2690

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 17th day of December, 1974. 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 26, 1974, and January 2, 9, 1975. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 12, 1975. ROCKDALE COUNTYSALARY OF CORONER CHANGED. No. 62 (House Bill No. 639). An Act to amend an Act providing an annual salary for the Coroner of Rockdale County in lieu of the fee system of

Page 2691

compensation, approved April 4, 1967 (Ga. L. 1967, p. 2505), as amended by an Act approved February 28, 1974 (Ga. L. 1974, p. 2055), so as to change the salary of the coroner; to change the automobile expense allowance 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 Coroner of Rockdale County in lieu of the fee system of compensation, approved April 4, 1967 (Ga. L. 1967, p. 2050), as amended by an Act approved February 28, 1974 (Ga. L. 1974, p. 2055), 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 two thousand two hundred dollars ($2,200.00) per annum. Beginning January 1, 1976, the coroner shall receive a salary of two thousand four hundred dollars ($2,400.00) 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 eighty-five dollars ($85.00) per month, payable from the funds of Rockdale County. Beginning January 1, 1976, the coroner shall receive an automobile expense allowance of one hundred dollars ($100.00) per month in addition to said salary, 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 1975 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.

Page 2692

2505), as amended, so as to change the salary of the coroner; and for other purposes. This 17th day of December, 1974. 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 26, 1974, and January 2, 9, 1975. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 12, 1975. ROCKDALE COUNTYPROBATE JUDGE, ETC.SALARY CHANGES, ETC. No. 63 (House Bill No. 640). An Act to amend an Act providing an annual salary for the Judge of the Probate Court of Rockdale County in lieu of

Page 2693

the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2143), as amended, particularly by an Act approved February 28, 1973 (Ga. L. 1973, p. 2053), so as to change the salary of the judge of the probate court and his chief deputy; to provide for a part-time deputy and his salary; 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 Judge of the Probate Court of Rockdale County in lieu of the fee system of compensation, approved March 4, 1969 (Ga. L. 1969, p. 2143), as amended, particularly by an Act approved February 28, 1973 (Ga. L. 1973, p. 2053), 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 judge of the probate court shall receive a salary of $1,365.00 per month, payable from the funds of Rockdale County. Beginning January 1, 1976, the judge of the probate court shall receive a salary of $1,400.00 per month, payable from the funds of Rockdale County. 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: Section 4. The Judge of the Probate Court of Rockdale County is hereby authorized to appoint a chief deputy and a part-time deputy to assist him in the performance of the duties of his office. The chief deputy shall receive a salary of not more than $7,560.00 per annum. Beginning January 1, 1976, the chief deputy shall receive a salary of not more than $7,800.00 per annum. The part-time deputy shall receive a salary of not more than $3,600.00 per annum. Beginning January 1, 1976, the part-time deputy shall receive a salary of not more than $3,900.00 per annum. Said chief deputy and part-time deputy shall be paid in equal monthly installments from the funds of Rockdale County. The judge of the probate court, during his term of office, shall have the authority to designate and name the persons who shall be employed as such chief deputy and part-time deputy

Page 2694

and to prescribe their duties and assignments. The judge of the probate court may remove such chief deputy or parttime deputy at any time with or without cause. Deputies. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 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. 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 17th day of December, 1974. 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 26, 1974, and January 2, 9, 1975. /s/ Clarence R. Vaughn, Jr. Representative, 57th District

Page 2695

Sworn to and subscribed before me this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 12, 1975. ROCKDALE COUNTYSALARY OF COMMISSIONER CHANGED. No. 64 (House Bill No. 641). 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 February 28, 1973 (Ga. L. 1973, p. 2043), 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 February 28, 1973 (Ga. L. 1973, p. 2043), 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 seventeen thousand seven hundred dollars ($17,700.00) per annum. Beginning January 1, 1976, the Commissioner of Rockdale County shall receive a salary of eighteen thousand six hundred dollars ($18,600.00) 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.

Page 2696

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 1975 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 17th day of December, 1974. 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 26, 1974, and January 2, 9, 1975. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 12, 1975.

Page 2697

ROCKDALE COUNTYSUPERIOR COURT CLERK, ETC.SALARY CHANGES, ETC. No. 65 (House Bill No. 642). 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, particularly by an Act approved February 28, 1973 (Ga. L. 1973, p. 2048), so as to change the salary of the clerk and his deputies; to provide for an additional full-time deputy and his salary; 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, particularly by an Act approved February 28, 1973 (Ga. L. 1973, p. 2048), is hereby amended by striking section 2 in its entirety and inserting in lieu thereof a new section 2, to read as follows: Section 2. The Clerk of the Superior Court of Rockdale County shall receive a salary of $1,365.00 per month, payable from the funds of Rockdale County. Beginning January 1, 1976, the clerk shall receive a salary of $1,400.00 per month, payable from the funds of Rockdale County. Said salary shall be the sole compensation of the Clerk of the Superior Court of Rockdale County, whether he be ex officio clerk of other courts or not, but he shall be reimbursed for all expenses incurred in the official operation of his office. Clerk. 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 Rockdale County shall have the authority and discretion to appoint the following clerks and employees; one chief deputy clerk, four deputy clerks and three part-time clerks. The chief deputy clerk shall receive a salary of not more than $7,560.00

Page 2698

per annum. Beginning January 1, 1976, the chief deputy clerk shall receive a salary of not more than $7,800.00 per annum. The deputy clerks shall each receive a salary of not more than $6,300.00 per annum. Beginning January 1, 1976, the deputy clerks shall each receive a salary of not more than $6,600.00 per annum. The part-time clerks shall each receive a salary of not more than $3,600.00 per annum. Beginning January 1, 1976, the part-time clerks shall each receive a salary of not more than $3,900.00 per annum. The salaries of all employees of the clerk of the superior court shall be paid 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 fix their compensation upon approval by the county governing authority. Personnel. 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 1975 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 17th day of December, 1974. 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

Page 2699

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 26, 1974, and January 2, 9, 1975. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 12, 1975. ROCKDALE COUNTYNEWTON COUNTYOFFICE OF PUBLIC DEFENDER ABOLISHED. No. 66 (House Bill No. 643). An Act to repeal an Act providing for a Public Defender for Rockdale and Newton Counties, approved March 30, 1971 (Ga. L. 1971, p. 2686), as amended by an Act approved March 2, 1973 (Ga. L. 1973, p. 2072), so as to abolish the office of public defender in said counties; to provide for the disposition of all suits, cases, papers and other matters of said public defender; 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 providing for a Public Defender for Rockdale and Newton Counties, approved March 30, 1971 (Ga. L. 1971, p. 2686), as amended by an Act approved March 2, 1973 (Ga. L. 1973, p. 2072), is hereby repealed

Page 2700

in its entirety, and the office of Public Defender for Rockdale and Newton Counties, as provided therein, is hereby abolished. Section 2. All suits, cases, papers, books, records, indexes and property of any nature whatsoever of the office of Public Defender for Rockdale and Newton Counties shall be and become the property of the office of Public Defender for Rockdale County on and after the effective date of this Act. 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 1975 session of the General Assembly of Georgia, a bill to repeal an Act providing for a public defender for Rockdale and Newton Counties, approved March 30, 1971 (Ga. L. 1971, p. 2686), as amended by an Act approved March 2, 1973 (Ga. L. 1973, p. 2072), so as to abolish the office of public defender in said counties; to provide for the disposition of all suits, cases, papers and other matters of said public defender; to repeal conflicting laws; and for other purposes. This 17th day of December, 1974. Clarence R. Vaughn, Jr. Representative, 57th District Bobby Sigman Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr. who, on oath, deposes and says that he is Representative

Page 2701

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 26, 1974, and January 2, 9, 1975. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 3rd day of February, 1975. /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 1975 session of the General Assembly of Georgia, a bill to repeal an Act providing for a public defender for Rockdale and Newton Counties, approved March 30, 1971 (Ga. L. 1971, p. 2686), as amended by an Act approved March 2, 1973 (Ga. L. 1973, p. 2072), so as to abolish the office of public defender in said counties; to provide for the disposition of all suits, cases, papers and other matters of said public defender; to repeal conflicting laws; and for other purposes. This 17th day of December, 1974. Clarence R. Vaughn, Jr. Representative, 57th District Bobby Sigman Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Clarence R. Vaughn, Jr.

Page 2702

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 Covington News which is the official organ of Newton County, on the following dates: January 2, 9, 16, 1975. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 12, 1975. ROCKDALE COUNTYSHERIFF, ETC.SALARY CHANGES, ETC. No. 67 (House Bill No. 644). 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 February 28, 1973 (Ga. L. 1973, p. 2045) and an Act approved February 26, 1974 (Ga. L. 1974, p. 2057), 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 the furnished to the sheriff's office; to provide for part-time clerical assistance for the sheriff's office; to change the cost of board for prisoners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2703

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 February 28, 1973 (Ga. L. 1973, p. 2045) and an Act approved February 26, 1974 (Ga. L. 1974, p. 2057), 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 $1,365.00 per month, payable from the funds of Rockdale County. Beginning January 1, 1976, the sheriff shall receive a salary of $1,400.00 per month, payable from the funds of Rockdale County. Sheriff. Section 2 . Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. (a) The sheriff shall have the authority to appoint nineteen full-time deputies, one part-time deputy, one deputy jailer, one deputy radio operator and four investigators. From the full-time deputies he may appoint one lieutenant, three sergeants and two corporals. Such personnel shall receive monthly salaries not in excess of the following: full-time deputies, $761.00 each; part-time deputy, $393.00; deputy jailer, $650.00; lieutenant, $808.00; sergeants, $792.00 each; corporals, $777.00 each; deputy radio operator, $650.00; and investigators, $840.00 each. Each investigator shall also receive a clothing allowance of $250.00 per annum. The sheriff may also employ a clerical assistant who shall receive a salary of not more than $577.00 per month and a part-time clerical assistant who shall receive a salary of not more than $325.00 per month. All salaries shall be fixed by the sheriff and shall be paid monthly from the funds of Rockdale County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion. Personnel.

Page 2704

(b) Beginning January 1, 1976, the sheriff shall have the authority to appoint twenty-one full-time deputies, one part-time deputy, one deputy jailer, one deputy radio operator and four investigators. From the full-time deputies he may appoint one lieutenant, three sergeants and two corporals. Such personnel shall receive monthly salaries not in excess of the following: full-time deputies, $800.00 each; part-time deputy, $410.00; deputy jailer, $680.00; lieutenant, $848.00; sergeants, $831.00 each; corporals, $815.00 each; deputy radio operator, $680.00; and investigators, $882.00 each. Each investigator shall also receive a clothing allowance of $250.00 per annum. The sheriff may also employ a clerical assistant who shall receive a salary of not more than $600.00 per month and a part-time clerical assistant who shall receive a salary of not more than $340.00 per month. All salaries shall be fixed by the sheriff and shall be paid monthly from the funds of Rockdale County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion. Section 3. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. The governing authority of Rockdale County shall furnish the sheriff with nine 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 $3.25 per day, per person, in order to meet the cost of housing and feeding each prisoner confined in the county jail. Beginning January 1, 1976, the board for prisoners shall be $3.50 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

Page 2705

sheriff shall be authorized to maintain his office and living quarters at the jail in Rockdale County. Equipment. 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 1975 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 18th, 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 change the cost of board for prisoners; and for other purposes. This 17th day of December, 1974. 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 26, 1974 and January 2, 9, 1975. /s/ Clarence R. Vaughn, Jr. Representative, 57th District

Page 2706

Sworn to and subscribed before me this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 12, 1975. CITY OF MARIETTACHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 68 (House Bill No. 137). An Act to amend an Act providing for a new Charter for the City of Marietta, Georgia, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, 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 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 adding immediately following section 2-M a new section, to be designated section 2-N, to read as follows: Section 2-N. Notwithstanding any other provisions of the Charter of the City of Marietta or any amendments thereto to the contrary, the corporate limits of the City of Marietta shall not embrace nor include any of the following described territory: Beginning at a point where the southwest right-of-way of Burnt Hickory Road is intersected by the present city limit line of Marietta, Georgia, said beginning point being located in Land Lot 288, 20th District, 2nd Section, Cobb County, Georgia; running thence in a generally westerly direction along the southwesterly right-of-way line of Burnt

Page 2707

Hickory Road to a point where Burnt Hickory Road right-of-way is intersected by the east lot line of Land Lot 290; running thence westerly and continuing along said Burnt Hickory Road right-of-way line for a distance of 235.7 feet more or less to a point, said point also being the center line of a branch; running thence in a northwesterly direction and crossing Burnt Hickory Road, along the center line of said branch and following the meanderings thereof for a distance of 1100 feet, more or less to a point; running thence south 89 degrees 00 minutes west for a distance of 700 feet, more or less to a point located on the east lot line of Land Lot 290; running thence south along the east lot line of Land Lot 290 for a distance of 974.7 feet more or less to a point 10 feet north of the southwesterly right-of-way line of Burnt Hickory Road; running thence in a generally easterly direction along a line 10 feet north of and parallel to the southwesterly right-of-way line of Burnt Hickory Road to a point 10 feet north of the point of beginning; running thence south for a distance of 10 feet to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1975 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 27th day of December, 1974. Joe L. Thompson Roy E. Barnes Haskew Brantley Senators George H. Kreeger Ken Nix A. L. Burruss Joe Mack Wilson G. Robert Howard Bill Cooper Chuck Edwards Carl Harrison Representatives

Page 2708

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: December 27, 1974, and January 3, 10, 1975. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 13th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 13, 1975. CLAYTON COUNTYSTATE COURTSALARY OF JUDGE CHANGED, ETC. No. 69 (House Bill No. 176). An Act to amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3383), so as to change the salary of the judge of said court; to prohibit the judge from engaging in the private practice of law; to authorize and empower the judge of said court to appoint a judge pro hac vice under certain conditions and fix his compensation; 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:

Page 2709

Section 1. An Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. L. 1964, p. 2032), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3383), 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. Judge's Salary. The Judge of the State Court of Clayton County shall receive a salary of twenty-five thousand ($25,000.00) dollars per annum which shall be paid monthly by the Board of Commissioners of Clayton County. The Judge of the State Court of Clayton County shall receive no other compensation for serving as judge of said court, and he shall not engage in the private practice of law in any capacity during his tenure as judge of said court, and he shall not be eligible to hold any other public office while serving as judge of said court. The salary of the judge shall be paid out of the general funds of Clayton County. Section 2. Said Act is further amended by adding a new Section immediately following section 3 to be designated section 3A to read as follows: Section 3A. Judge Pro Hac Vice. The judge of said court is hereby authorized and empowered to appoint a judge pro hac vice on a need and judgment basis to assist him in discharging the duties and responsibilities of his office. The compensation of a judge pro hac vice shall be fixed by the judge of said court and paid out of the general funds of Clayton County. A judge pro hac vice shall have and may exercise the same powers as the judge of the State Court of Clayton County when presiding as judge pro hac vice in 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 1975 session of the General Assembly of Georgia, a Bill

Page 2710

to amend the act creating the civil and criminal court (now state court of Clayton County), to provide full time status for this court, to prohibit the Judge thereof from practicing law in other courts, to provide that the Judge of this court can appoint a pro hac vice on a need and judgment basis so as to alleviate the need for another State Judge, to increase compensation for the said State Judge, and for other purposes. This 18th Day of December, 1974. T. A. Starr Senator Virginia Sheppard Senator W. J. Lee Representative Frank Bailey Representative Rudolph Johnson Representative Jim West Representative Georgia, Clayton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News/Daily, and that the legal advertisement which appears above was published in said newspaper on the following dates: Dec. 24, Dec. 31, 1974 and January 7, 1975. Notice of Intention to Introduce Local LegislationAmend the act creating the civil and criminal court. /s/ Jim Wood Sworn to and subscribed before me, this Jan. 14th day of January, 1975. /s/ Helen W. Jenkins Notary Public, Georgia State at Large. My Commission expires Sept. 26, 1978. (Seal). Approved March 13, 1975.

Page 2711

GORDON COUNTYSUPERIOR COURT CLERK, ETC.SALARY PROVISIONS CHANGED. No. 70 (House Bill No. 330). An Act to amend an Act placing the Clerk of the Superior Court and Judge of the Probate Court (formerly Ordinary) of Gordon County upon an annual salary, approved March 21, 1968 (Ga. L. 1968, p. 2186), as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 2420), so as to change the provisions relative to the compensation of said officers; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court and Judge of the Probate Court (formerly Ordinary) of Gordon County upon an annual salary, approved March 21, 1968 (Ga. L. 1968, p. 2186), as amended by an Act approved March 10, 1970 (Ga. L. 1970, p. 2420), 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 of Gordon County shall receive a salary of $15,000.00 per annum which shall be paid in equal monthly installments from the funds of Gordon 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 Judge of the Probate Court of Gordon County shall receive a salary of $13,200.00 per annum which shall be paid in equal monthly installments from the funds of Gordon County. In addition thereto, said judge of the probate court shall receive the compensation provided for judges of the probate courts by section 2 of the Act providing minimum salaries for judges of the probate courts of the various counties, approved March 21, 1974 (Ga. L. 1974, p. 455). Judge, Probate Court.

Page 2712

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 1975 session of the General Assembly of Georgia a bill or bills to change the compensation of the Commissioner of Gordon County, the Sheriff, the Clerk of the Superior Court, the Judge of the Probate court, and the Tax Commissioner of Gordon County; and for other purposes. This 13th day of December, 1974. Tom Shanahan Representative, 7th District Beverly Langford Senator, 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times The Gordon County News which is the official organ of Gordon County, on the following dates: December 18, 25, 1974 January 1, 1975. /s/ Tom L. Shanahan Representative, 7th District

Page 2713

Sworn to and subscribed before me, this 21st day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 13, 1975. GORDON COUNTYTAX COMMISSIONERSALARY PROVISIONS CHANGED. No. 71 (House Bill No. 331). An Act to amend an Act abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 3066), as amended by an Act approved March 22, 1974 (Ga. L. 1974, p. 2917), so as to change the provisions relative to 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 abolishing the fee system of compensating the tax commissioner of Gordon County and establishing in lieu thereof an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 3066), as amended by an Act approved March 22, 1974 (Ga. L. 1974, p. 2917), is hereby amended by striking from section 2 the figure $12,000.00 and inserting in lieu thereof the figure $15,000.00, so that when so amended section 2 shall read as follows: Section 2. The tax commissioner shall receive an annual salary of $15,000.00, payable in equal monthly installments from the funds of Gordon County. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved

Page 2714

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 1975 session of the General Assembly of Georgia a bill or bills to change the compensation of the Commissioner of Gordon County, the Sheriff, the Clerk of the Superior Court, the Judge of the Probate court, and the Tax Commissioner of Gordon County; and for other purposes. This 13th day of December, 1974. Tom Shanahan Representative, 7th District Beverly Langford Senator, 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times The Gordon County News which is the official organ of Gordon County, on the following dates: December 18, 25, 1974 January 1, 1975. /s/ Tom L. Shanahan Representative, 7th District Sworn to and subscribed before me, this 21st day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 13, 1975.

Page 2715

GORDON COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 72 (House Bill No. 332). An Act to amend an Act placing the Sheriff of Gordon County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 3214), as amended, particularly by an Act approved March 10, 1970 (Ga. L. 1970, p. 2422), so as to change the provisions relative to the compensation of the sheriff; to change the provisions relative to deputies and other personnel of the sheriff; 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 placing the Sheriff of Gordon County upon an annual salary, approved March 7, 1955 (Ga. L. 1955, p. 3214), as amended, particularly by an Act approved March 10, 1970 (Ga. L. 1970, p. 2422), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. (a) The Sheriff of Gordon County shall receive a salary of $16,000.00 per annum which shall be paid in equal monthly installments from the funds of Gordon County. Sheriff. (b) The sheriff shall be authorized to employ a chief deputy, nine other deputies and two investigators. The sheriff shall be authorized to fix the compensation of each one of such personnel at not less than $650.00 per month or more than $850.00 per month, and when so fixed by the sheriff within such limitations, such compensation shall be paid from the funds of Gordon County. Personnel. (c) In addition to the personnel provided for by subsection (b) hereof, the sheriff shall be authorized to employ three jailers, two radio dispatchers, one clerk and one cook, and such personnel shall be paid from county funds, but it shall be within the sole discretion of the governing authority

Page 2716

of Gordon County to fix the compensation of such 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill or bills to change the compensation of the Commissioner of Gordon County, the Sheriff, the Clerk of the Superior Court, the Judge of the Probate court, and the Tax Commissioner of Gordon County; and for other purposes. Tom Shanahan Representative, 7th District Beverly Langford Senator, 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times The Gordon County News which is the official organ of Gordon County, on the following dates: December 18, 25, 1974 January 1, 1975. /s/ Tom L. Shanahan Representative, 7th District

Page 2717

Sworn to and subscribed before me, this 21st day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 13, 1975. GORDON COUNTYSALARY OF COMMISSIONER CHANGED. No. 73 (House Bill No. 333). An Act to amend an Act providing for the office of Commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), so as to change the provisions relative to the compensation of said commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the office of Commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), is hereby amended by striking from section 13 the figure $12,000.00 and inserting in lieu thereof the figure $18,000.00 so that when so amended section 13 shall read as follows: Section 13. The compensation of the Commissioner shall be $18,000.00 per annum, payable monthly at the end of each month. In addition to such compensation, the Commissioner shall receive not to exceed $1,200.00 per annum for ordinary and necessary traveling expenses incurred by him outside the limits of Gordon County, or otherwise, when so traveling in the conduct of or in connection with the business affairs of said county, to be paid at the end of each month upon his itemized statement showing such expenses.

Page 2718

All such payments shall be from the county treasury as aforesaid. 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 1975 session of the General Assembly of Georgia a bill or bills to change the compensation of the Commissioner of Gordon County, the Sheriff, the Clerk of the Superior Court, the Judge of the Probate court, and the Tax Commissioner of Gordon County; and for other purposes. This 13th day of December, 1974. Tom Shanahan Representative, 7th District Beverly Langford Senator, 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times The Gordon County News which

Page 2719

is the official organ of Gordon County, on the following dates: December 18, 25, 1974 January 1, 1975. /s/ Tom L. Shanahan Representative, 7th District Sworn to and subscribed before me, this 21st day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 13, 1975. GORDON COUNTYBOARD OF COMMISSIONERS CREATEDREFERENDUM. No. 75 (House Bill No. 441). An Act to amend an Act providing for the office of Commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), so as to provide for a Board of Commissioners of Gordon County; to provide for the election of the members of said Board; to provide for the powers of said Board; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the office of Commissioner of Gordon County, approved March 21, 1974 (Ga. L. 1974, p. 2522), is hereby amended by striking sections 1 through 3 in their entirety and substituting in lieu thereof new sections 1 through 3 to read as follows:

Page 2720

Section 1. (a) The governing authority of Gordon County shall be a Board of Commissioners of Gordon County consisting of five members who shall be elected as hereinafter provided. Created. (b) For the purpose of electing the members of said Board of Commissioners, Gordon County shall be divided new sections 1 through 3 to read as follows: Commissioner District 1 shall include the territory of Gordon County embraced within GMD 1055, Plainville; GMD 1064, Oostanaula; and GMD 1054, Sugar Valley. Commissioner District 2 shall include the territory of Gordon County embraced within GMD 1595, Hill City; GMD 980, Resaca; and GMD 1063, Pine Chapel. Commissioner District 3 shall include the territory of Gordon County embraced within GMD 849, Calhoun. Commissioner District 4 shall include the territory of Gordon County embraced within GMD 973, Red Bud; GMD 1056, Sonoraville; and GMD 856, Lily Pond. Commissioner District 5 shall include the territory of Gordon County embraced within GMD 874, Fairmount; GMD 1057, Ranger; and GMD 1235, Oakman. (c) Each member of the Board of Commissioners shall be a resident of the Commissioner District which he represents and shall have been a resident thereof for at least one year prior to his election, but each member of said Board of Commissioners shall be elected by a majority vote of the voters of the entire County of Gordon voting at the elections provided for by subsection (d) hereof. Each candidate for election as a member of the Board of Commissioners shall designate the Commissioner District for which he is offering. Any person residing within his respective Commissioner District as provided herein who is eligble to vote for members of the General Assembly shall be eligible to hold office as a Commissioner.

Page 2721

(d) The first members of the Board of Commissioners provided for herein shall be elected at the general election held in 1976 and shall take office on the first day of January 1977, for terms as follows: the members elected from Commissioner Districts 2 and 4 shall serve for initial terms of two years, and the members elected from Commissioner Districts 1, 3 and 5 shall serve for terms of four years. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years. All members shall serve until their successors are elected and qualified. All elections for members of the Board of Commissioners shall be held in accordance with the provisions of Code Title 34, known as the `Georgia Election Code', as now or hereafter amended. (e) At the first regular meeting of the Board of Commissioners held during each odd-numbered year, the Board of Commissioners shall elect from its own membership a Chairman of the Board who shall preside at meetings of the Board and shall have such other duties as the Board of Commissioners may prescribe. Section 2. Before entering upon the duties of his office, each member of the Board of Commissioners shall subscribe to the oath required by law of county officers and shall also give bond, with good security, payable to the Governor of this State, and his successors in office, in the sum of $25,000.00, conditioned for the faithful performance of his duties as a member of said Board, which bond shall be approved by the Judge of the Probate Court of said county. Any cost arising from the execution of this bond shall be paid from the general funds of the county. Oath. Section 3. (a) The Board of Commissioners shall have the sole right to lay out, open, change or discontinue public roads of said county when and where necessary, according to the laws now in force and effect, and shall have the sole management of the working of said roads. Road work shall be accomplished either by hired labor or by contract, whichever is most economical to the county. Contracts for public

Page 2722

works will be let in accordance with the general laws of this State. Powers. (b) The following powers are hereby vested in the Board of Commissioners created by this Act: (1) To levy taxes. (2) To make appropriations. (3) To fix the rates of all other charges. (4) To authorize the incurring of indebtedness. (5) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment. (6) To authorize contracts, except purchases otherwise provided for herein, involving the expenditure of county funds. (7) To establish, abolish, or change election precincts and militia districts according to law. (8) To allow the insolvent lists for the county. (9) To accept for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the Commissioner or Board of Commissioners of the county. (10) To exercise all powers, duty and authority heretofore imposed upon or vested in the Commissioner of Gordon County in respect to zoning and planning. (11) To create and change the boundaries of special taxing districts authorized by law. (12) To fix the bonds of county officers where same are not fixed by statute.

Page 2723

(13) To enact any ordinances or other legislation the county may be given authority to enact. (14) To determine the priority of capital improvements. (15) To call elections for the voting of bonds. (16) To exercise all of the power and authority heretofore vested by law in the Commissioner of Gordon County, together with the power and authority which may hereafter be delegated by law to the governing authority of the county. (c) The Board of Commissioners shall employ a County Administrator to carry out such administrative functions as the Board of Commissioners shall assign or delegate to him. The County Administrator shall serve at the pleasure of the Board and shall be compensated in the amount of $18,000.00 per annum to be paid in equal monthly installments from the funds of Gordon County, and he shall also be reimbursed for actual and necessary expenses incurred by him in carrying out his official duties from the funds of Gordon County. The County Administrator shall devote his full time to the duties of his office. County Administrator. Section 2. Said Act is further amended by striking from sections 4 and 5 the word, Commissioner wherever the same appears and inserting in lieu thereof the words, Board of Commissioners. Section 3. Said Act is further amended by striking from section 6 the words, the Commissioner and inserting in lieu thereof the words, any member of the Board of Commissioners. Section 4. Said Act is further amended by striking from section 7 the words, Commissioner wherever the same appears and inserting in lieu thereof the words, Board of Commissioners and by striking the word, his from said section 7 where it appears in the second sentence thereof and inserting in lieu thereof the words, said Board. Section 5. Said Act is further amended by striking section

Page 2724

9 in its entirety and substituting in lieu thereof a new section 9 to read as follows: Section 9. It shall be unlawful for any member of the Board of Commissioners or anyone acting under the authority of the Board or pursuant to the Board's appointment to use, either directly or indirectly, any automobile or other property owned by Gordon County for his or their own private profit or pleasure, and any person violating the provisions of this Act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. County property. Section 6. Said Act is further amended by striking from section 10 the word, Commissioner wherever the same appears and inserting in lieu thereof the words, Board of Commissioners. Section 7. Said Act is further amended by striking section 11 in its entirety and substituting in lieu thereof a new section 11 to read as follows: Section 11. It shall be unlawful for any member of the Board of Commissioners or any person related to a member thereof within the second degree according to canon law or any firm, partnership or corporation in which any of such persons may be an officer, be employed, or have a financial interest, to buy from or sell to Gordon County any article, thing or service of any kind whatsoever. Purchases. Section 8. Said Act is further amended by striking from section 12 the word, Commissioner and inserting in lieu thereof the words, Board of Commissioners. Section 9. 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. (a) Each member of the Board of Commissioners, other than the Chairman, shall be compensated in the amount of $100.00 per month payable from the funds of Gordon County. The Chairman shall be compensated in

Page 2725

the amount of $150.00 per month payable from the funds of Gordon County. Salary. (b) In addition to the compensation provided for by subsection (a) hereof, each member of the Board of Commissioners, including the Chairman, shall be reimbursed from county funds for actual and necessary expenses incurred by them in carrying out their official duties which shall be paid at the end of each month upon their itemized statements showing such expenses. Section 10. Said Act is further amended by striking from section 14 the word, Commissioner wherever the same appears and inserting in lieu thereof the words, Board of Commissioners and by striking from said section 14 the word, Commissioner's and inserting in lieu thereof the word, Board's. Section 11. Said Act is further amended by striking from sections 15 and 16 the word, Commissioner wherever the same appears and inserting in lieu thereof the words, Board of Commissioners. Section 12. Said Act is further amended by striking section 17 in its entirety and substituting in lieu thereof a new section 17 to read as follows: Section 17. When a vacancy occurs in the membership of the Board of Commissioners and the unexpired term of office exceeds six months in duration, it shall be the duty of the Judge of the Probate Court of Gordon County to call a special election to elect a successor to fill said vacancy in not less than 60 nor more than 90 days after the occurrence of said vacancy. Any such election shall be held as provided by existing laws governing all special elections, and the cost of same shall be defrayed by the proper county authorities. In the event the unexpired term to be filled is less than twelve months in duration, the Judge of the Superior Court of Gordon County shall have power to appoint a successor to fill the unexpired term, and also he shall have the power to appoint a successor to fill the vacancy for the 60-90 day period prior to the election, as applicable. Vacancy.

Page 2726

Section 13. 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 election superintendent of Gordon County to issue the call for an election for the purpose of submitting this Act to the electors of Gordon County for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Gordon County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for a Board of Commissioners of Gordon County and providing for the election of the members of said Board be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided by section 14 of this Act, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Gordon County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 14. If approved at the referendum election provided for by section 13 of this Act, the provisions of this Act, except as otherwise provided herein, shall be effective on January 1, 1977. The provisions of this Act necessary for the election of members of the Board of Commissioners of Gordon County at the general election held in 1976 shall be effective, only for the purpose of such election, upon the approval of this Act at the referendum election provided for by section 13 of this Act. Effective date.

Page 2727

Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to create a new Board of Commissioners of Gordon County and to provide for the election, powers, duties and compensation of the Board of Commissioners; and for other purposes. Said bill is to contain a referendum. This 13th day of December, 1974. Tom Shanahan Representative, 7th District Beverly Langford Senator 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times The Gordon County News which is the official organ of Gordon County, on the following dates: December 18, 25, 1974 January 1, 1975. /s/ Tom L. Shanahan Representative, 7th District. Sworn to and subscribed before me, this 22nd day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976 (Seal). Approved March 13, 1975.

Page 2728

DeKALB COUNTYSTATE COURTINVESTIGATORS PROVIDED, ETC. No. 76 (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. 2401), as amended, particularly by an Act approved March 16, 1961 (Ga. L. 1961, p. 2461) and by an Act approved March 22, 1974 (Ga. L. 1974, p. 3111), so as to provide for the appointment of investigators by the Solicitor of said State Court; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating 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 16, 1961 (Ga. L. 1961, p. 2461) and by an Act approved March 22, 1974 (Ga. L. 1974, p. 3111) is hereby amended by adding a new section immediately following section 5 of the amendatory Act approved March 16, 1961 (Ga. L. 1961, p. 2461), as amended by the amendatory Act approved March 22, 1974 (Ga. L. 1974, p. 3111), to be designated section 5A and to read as follows: Section 5A. The Solicitor of the State Court of DeKalb County may appoint investigators for his office in such numbers as he may deem necessary and proper, for the purpose of investigating misdemeanor violations of the laws of Georgia in DeKalb County and rendering such other assistance as may be required of them by the Solicitors and Judges of said Court. Said investigators shall serve at the pleasure of said Solicitor and shall act as and have authority of peace officers of the State of Georgia in DeKalb County, and, as such, shall have the same authority to make arrests as the sheriffs of the several counties and their lawful deputies. The said investigators shall likewise have the

Page 2729

same authority as the sheriffs, their lawful deputies and court bailiffs to serve warrants, summonses, rules, orders and processes of every kind issued or made returnable to the Criminal Division of the State Court of DeKalb County, Georgia, and to make proper returns of service thereof. Investigators. 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 intention to apply for local legislation at the regular session of the General Assembly of Georgia, 1975, such legislation being 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 thereto, and as amended (now being the State Court of DeKalb County); to repeal conflicting laws; and for other purposes. This 20th day of January, 1975. John R. Thompson Solicitor, State Court of DeKalb County, Georgia Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Intention to Apply For Local Legislation a true copy of which is hereto annexed, was published in said newspaper in its issue of the 23, 30 day of Jan., 1975 and Feb. 6, 1975. /s/ Gerald W. Crane, Publisher /s/ Betty M. Branch, Agent

Page 2730

Sworn to and subscribed before me, this 7th day of Feb., 1975. /s/ Betty M. Branch Notary Public. My Commission expires Oct. 18th, 1977. (Seal). Approved March 13, 1975. COBB COUNTYSTATE COURTSALARIES OF ASSISTANT SOLICITORS CHANGED. No. 78 (House Bill No. 629). 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 March 15, 1973 (Ga. L. 1973, p. 2124), so as to change the maximum compensation of the assistant solicitors; to provide 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 March 15, 1973 (Ga. L. 1973, p. 2124), 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

Page 2731

than $10,000.00 nor more than $18,000.00 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. 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 January-February 1975 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 27th day of December, 1974. Joe L. Thompson Roy E. Barnes Haskew Brantley Senators George H. Kreeger Ken Nix Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper 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

Page 2732

Cobb County, on the following dates: January 10, 17, 24, 1975. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 24th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 13, 1975. RANDOLPH COUNTYEXPENSE PROVISIONS OF SHERIFF CHANGED, ETC. No. 83 (House Bill No. 753). An Act to amend an Act placing the Sheriff of Randolph County on an annual salary in lieu of the fee system of compensation, 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), an Act approved April 3, 1972 (Ga. L. 1972, p. 3376), and an Act approved April 17, 1973 (Ga. L. 1973, p. 2987), so as to change the maximum amount for automobile and travel expenses for both the sheriff and the deputy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Randolph County on an annual salary in lieu of the fee system of compensation, 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.

Page 2733

1969, p. 2223), an Act approved April 3, 1972 (Ga. L. 1972, p. 3376), and an Act approved April 17, 1973 (Ga. L. 1973, p. 2987), is hereby amended by striking in section 9, the following: $5,000.00, and substituting in lieu thereof, the following: $8,000.00, so that when so amended, section 9 shall read as follows: Section 9. In addition to the salaries provided for herein, the sheriff and the deputy shall be reimbursed for automobile expenses and actual expenses for hotel, meals and travel incurred in carrying out their official duties, but all such expenses shall not exceed $8,000.00 per annum for both the sheriff and the deputy; provided, however, that all such expenses shall be subject to such rules and regulations as may be adopted by the Board of Commissioners for Randolph County, for the purpose of accounting for, controlling and regulating such expenses. Expenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to Amend the act placing the Sheriff of Randolph County on an Annual Salary approved March 30, 1965, [Ga. L. 1965, p. 2903], so as to change the provisions relative to automobile expenses for the Sheriff; and for other purposes. This 27th day of Jan., 1975. John Irwin Representative, 130th District

Page 2734

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 the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record which is the official organ of Randolph County, on the following dates: January 30, February 6, 13, 1975. /s/ John Irwin Representative, 130th District Sworn to and subscribed before me, this 14th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 17, 1975. ATKINSON COUNTYSALARY OF SHERIFF CHANGED. No. 88 (House Bill No. 557). An Act to amend an Act placing the sheriff of Atkinson County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2205), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3864), 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:

Page 2735

Section 1. An Act placing the sheriff of Atkinson County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2205), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3864), is hereby amended by striking from section 2 the following: $8,100.00, and substituting in lieu thereof the following: $10,500, so that when so amended, section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary in the amount of $10,500 payable in equal monthly installments from the funds of Atkinson 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 pursuant to the request of the Board of Commissioners of Atkinson County there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to increase the compensation of the Sheriff of Atkinson County; and for other purposes. This 20th day of January, 1975. Ottis Sweat, Jr. Representative, 150th District

Page 2736

Georgia, Fulton County. Personally appeared before me, the undesigned authority, duly authorized to administer oaths, Ottis Sweat, Jr. who, on oath, deposes and says that he is Representative from the 150th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen which is the official organ of Atkinson County, on the following dates: January 23, 30 and February 6, 1975. /s/ Ottis Sweat, Jr. Representative, 150th District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 18, 1975. CITY OF SUNNY SIDECHARTER AMENDED. No. 95 (House Bill No. 189). An Act to amend an Act incorporating the City of Sunny Side and providing a new charter for the government of said City, approved February 17, 1950 (Ga. L. 1950, p. 2626), so as to change the provisions relative to the governing body of said City; to provide for other matters relative to the government of said City; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Sunny Side

Page 2737

and providing a new charter for the government of said City, approved February 17, 1950 (Ga. L. 1950, p. 2626), is hereby amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. (a) The government of said City shall be vested in three councilmen, and the first such councilman shall be elected on the first Saturday in January 1976, as hereinafter provided. (b) For the purpose of electing said councilmen, there shall be three council posts to be designated Posts 1, 2 and 3. Each candidate for councilman shall designate the council post for which he is offering. In order to be elected councilman, a candidate must receive a majority of the votes cast. In the event no candidate receives a majority of the votes cast, a runoff election shall be held between the two candidates receiving the highest number of votes cast, as provided by the `Georgia Municipal Election Code', as now or hereafter amended. Posts. Section 2. Said Act is further amended by striking sections 5 through 10 in their entirety and substituting in lieu thereof new sections 5 through 10, to read as follows: Section 5. At the election to be held on the first Saturday in January 1976, the councilman from Post 1 shall be elected for an initial term of one year; the councilman from Post 2 shall be elected for an initial term of two years and the councilman from Post 3 shall be elected for an initial term of three years. All councilmen shall take office on the first day of February immediately following their election. Thereafter, an election shall be held on the first Saturday in January of each year for the councilman whose term is expiring on the last day of January immediately following such election, and such councilmen shall take office on the first day of February immediately following their election for terms of three years. All councilmen shall serve until their successors are elected and qualified. Election. Section 6. The councilman elected from Post 1 at the

Page 2738

election held on the first Saturday of January 1976, shall be the chairman of the council until the expiration of his term, at which time the councilman elected from Post 2 shall become the chairman of the council until the expiration of his term and at that time the councilman from Post 3 shall become the chairman of the council until the expiration of his term, and thereafter, the chairmanship of the council shall continue to be rotated in the same manner so that the councilman who has the least time remaining in his term of office shall serve as chairman. Section 7. Should the office of councilman become vacant by any cause, the councilmen remaining shall elect a successor who shall fill the unexpired term only. Vacancy. Section 8. Before entering upon the discharge of their official duties, the councilmen elect shall take and subscribe to the following oath before some person authorized to administer oaths, to wit: `I do solemnly swear that I will faithfully discharge all the duties devolving upon me as councilman of the City of Sunny Side during my term of office to the best of my knowledge, ability and understanding, so help me God.' Said oath shall be entered on the records of the City. Oath. Section 9. The council shall elect from the councilmen a secretary and treasurer who shall perform such duties as the council may prescribe. They shall also have authority in their discretion to elect a marshal and prescribe his duties. The compensation of the secretary and treasurer and marshal shall be such as may be fixed by the council. Section 10. The council shall have power and authority to levy and collect an ad valorem tax, based on fair market value, not exceeding one-half of one per centum (1/2 of 1 percent), annually upon all taxable property within the incorporate limits of said City. The council may also levy and collect such license tax upon business occupations in said City as the council may deem proper. All of said taxes to be for the purpose of defraying the general expenses of the City. Power.

Page 2739

Section 3. Said Act is further amended by striking the words, mayor and wherever the same appear in sections 11, 12 and 13 of said Act. Section 4. Said Act is further amended by striking section 14 in its entirety and substituting in lieu thereof a new section 14 to read as follows: Section 14. The chairman of the council may hold a police court in said City at any time for the trial and punishment of all persons violating the City ordinances and regulations of said City, and when holding said police court, shall have the power and authority to administer oaths, preserve order and punish for contempt; said punishment shall be by a fine not exceeding one hundred ($100.00) dollars, or labor on the street not exceeding one hundred (100) days, or confinement in the guard house or jail not exceeding one hundred (100) days, and he shall also have power and authority to suspend, commute, or remit the sentence imposed in his discretion. In the absence or disqualification of the chairman of the council, any councilman may hold said court. Court. Section 5. Said Act is further amended by striking from sections 15 and 16 the words, mayor and wherever the same appear and by striking from the last sentence of section 16 the word, are and inserting in lieu thereof the word, is. Section 6. Said Act is further amended by striking from sections 17 and 18 the words, mayor and wherever the same appear. Section 7. Except for the provisions of this Act necessary for the election of councilmen, this Act shall become effective on February 1, 1976. The provisions of this Act necessary for the election of councilmen shall be effective upon the approval of this Act by the Governor or upon its otherwise becoming law. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2740

Articles of Amendment Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to amend an act incorporating the City of Sunny Side and providing amendments to the charter for the government of said City, approved February 17, 1950 (Ga. L. 1950, page 2626) so as to change the provisions relative to the governing body of said City and other matters relative to the government of said City; and for other purposes. /s/ John R. Carlisle State Representative 71st District Georgia, Spalding County. Personally appeared before me, a notary public within and for the above State and County, Quimby Melton, Jr., who on oath, deposes and says that he is the publisher of Griffin Daily News which is the official organ of Spalding County, and that an additional copy of notice of intention to introduce local legislation was published therein on the following dates: December 27, 1974, January 3, 1975, and January 16, 1975. /s/ Quimby Melton Publisher Sworn to and subscribed before me, this the 20th day of January, 1975. /s/ Jane York Notary Public, Lamar County, Georgia. Approved March 20, 1975. CITY OF MILLEDGEVILLECHARTER AMENDED CORPORATE LIMITS CHANGED. No. 96 (House Bill No. 238). An Act to amend an Act creating a new Charter for the City of Milledgeville, approved December 15, 1900 (Ga.

Page 2741

L. 1900, p. 345), 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 Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, is hereby amended by adding at the end of section 3 the following: In addition to the area now embraced within the corporate limits of the City of Milledgeville, the following described tracts of land shall be included within said corporate limits: `TRACT L: All of that Tract of land known as a portion of the old State Farm land, being in the 1st Land District of Baldwin County, Georgia, and being portions of Land Lots Nos. 220, 221, 236, 237, 250, 251, 252, 264, 265, and 266 thereof, and bounded in particular as follows: Beginning at the corner of Land Lots Nos. 221, 222, 235, and 236, at the Eastern side of the Hopewell Church public road; thence N 45 W 1400 feet; thence S 45 W 1400 feet; thence N 45 W 2128 feet to the center of Fishing Creek; thence downstream, Northeasterly, with the centerline of said creek 2800 feet, more or less, to its junction with the centerline of Little Fishing Creek; thence upstream, North-westerly with the centerline of Little Fishing Creek 900 feet, more or less, to the Southern right-of-way line of the Georgia Railroad; thence with said right-of-way line, Easterly, 6450 feet to the center line of a Branch; thence downstream southerly with said Branch centerline 3600 feet, more or less, to the centerline of Fishing Creek; thence with the centerline of said creek, downstream, Southeasterly, 3300 feet, more or less, to a corner with land of Georgia College (Regents of the University System of Georgia); thence with said college land N 61 58[UNK] W 1931.7 feet; thence S 73 06[UNK] W 4401 feet; thence S 76 57[UNK] W 1299.3

Page 2742

feet; thence S 14 35[UNK] W 2153 feet, to the point of beginning; containing 641.0 acres, and designated Tract L on Plat of Nov. 14, 1974 by Calvin W. Rice, Ga. Reg. Surveyor No. 58.' `TRACT M: All of that tract of land known as a portion of the old State Farm land; being in the 1st Land District of Baldwin County, Georgia and being portions of land lots numbers 219, 220, 237, and 238 thereof; and being bounded in particular as follows: Beginning at a point in the interior of said land lot no. 219, at the southern right-of-way line of state highway no. 22, and on the boundary line of land known as the Florence Proctor place; thence Easterly with the said right-of-way line 2552 feet to the center line of Little Fishing Creek, thence with said centerline, down stream Southeasterly 2100 feet to the Northern right-of-way line of the Georgia Railroad; thence with said right-of-way line Westerly, 3156 feet to the said Proctor Place, now D. M. Cox; thence with the boundary line of said place N 33 25[UNK] W 1517 feet to the point of beginning; containing 120.5 acres and designated as tract M on the plant of November 14, 1974 by Calvin W. Rice, Ga. Reg. Surveyor No. 58.' `TRACT N: All of that tract of land known as the Miller Field place of the old State Farm land; being in the 1st land district of Baldwin County, Georgia, and being all of land lots Nos. 246 and 247 thereof; and being bounded in particular as follows: Beginning at the Southern corner of the said land lot no. 247; thence N 45 W 6095 Feet; thence N 45 E 3100 Feet; thence S. E. 6002 Feet; thence S. W. 3085 Feet to the point of beginning, containing 429 acres, and designated as tract N on the plat of November 14, 1974, by Calvin W. Rice, Georgia Reg. Surveyor No. 58.'

Page 2743

`TRACT O: All of that Tract of land known as a portion of the old State Farm land and now used as a State Park; being in the 1st land District of Baldwin County, Georgia and being portions of land Lots Nos. 218, 219, 238, 239, 249, 250, 268, and 269 thereof; and being bounded in particular as follows: Beginning at a point in the interior of Land Lot No. 219 at the Northern right-of-way line of State Highway No. 22 and on the line of land known as the Florence Proctor place; thence N 33 25[UNK] W 3100 feet; Thence N 86 30[UNK] E 1175 feet; thence N 45 E 693 feet; thence N 45 W 3150 feet; thence N 45 E 2380 feet; thence S 45 E 3118 feet; thence, with a fence having a general course of N 46 50[UNK] E 4662 feet to the center of the old Monticello Road; thence Easterly with the centerline of said road, 210.6 feet; thence S 25 06[UNK] W 373 feet; thence S 19 24[UNK] W 350 feet; thence S 1 30[UNK] E 270 feet; thence S 12 25[UNK] E 156 feet; thence S 44 42[UNK] E 700 feet; thence S 50 10[UNK] E 470 feet; thence S 39 50[UNK] W 300 feet; thence S 20 44[UNK] E 1810.4 feet to the Northern right-of-way of State Highway No. 22; thence Westerly with said right-of-way line 7095 feet to the point of beginning; containing 675 acres and designated as Tract O on the plat of November 14, 1974, by Calvin W. Rice, Georgia Reg. Surveyor No. 58.' `TRACT P: All that tract or parcel of land situate, lying, and being in the 319th G.M.D. of and in Baldwin County, Georgia, containing 724 acres, and generally bounded as follows: Beginning at the point where the present limits of the City of Milledgeville intersect the Northeastern right-of-way of N. Cobb Street, thence from said point of beginning South 44 degrees 28 minutes 30 seconds West a distance of 3630 feet to an iron pin, thence North 31 degrees 30 minutes West a distance of 75 feet to an iron pin, thence South 53 degrees 37 minutes West a distance of 228.1 feet, thence South 50 degrees 57 minutes West a distance of 251.9 feet to an iron pin, thence North 67 degrees 33 minutes West a distance of 306.15 feet to an iron pin, thence South 22

Page 2744

degrees 09 minutes West a distance of 350.1 feet to the center line of Fishing Creek; thence along the center line of Fishing Creek generally North 54 degrees 30 minutes West a distance of 1932.5 feet to the center line of a branch, thence along the center line of said branch generally North 37 degrees 10 minutes West a distance of 3600 feet to a point on the Northern right-of-way boundary of Georgia Railroad, thence along said Georgia Railroad right-of-way South 53 degrees 41 minutes West a distance of 300 feet to an iron pin; thence along the boundary with property of J. P. Stevens Company North 20 degrees 0 minutes West a distance of 1749 feet to the Southern right-of-way boundary of Georgia Highway Number 22; thence along the Southern right-of-way of Georgia Highway Number 22 North 74 degrees 10 minutes East a distance of 1403 feet, thence North 75 degrees 30 minutes East a distance of 751.1 feet to an iron pin; thence North 46 degrees 0 minutes East a distance of 1567 feet to the Western right-of-way line of Roberson Road; thence along said right-of-way South 18 degrees 16 minutes East a distance of 750 feet to the Northern right-of-way line of Garrett Way; thence Southwesterly along Garrett Way right-of-way a distance of 800 feet to the Northern right-of-way line of Georgia State Highway No. 22; thence Easterly along said right-of-way a distance of 100 feet; thence Northeasterly along the Southeastern right-of-way line of Garrett Way a distance of 700 feet to a point on the projection of the Western right-of-way line of Roberson Road; thence along the Southern right-of-way line of Garrett Way a distance of 212.5 feet to the Southwestern right-of-way line of the Central of Georgia Railroad; thence along the Southwestern right-of-way boundary of Central of Georgia Railroad South 47 degrees 52 minutes East a distance of 797.5 feet, thence along the Southwestern right-of-way boundary of Georgia Railroad South 70 degrees 27 minutes East a distance of 1475 feet; thence South 41 degrees 30 minutes West a distance of 1572 feet to the Eastern right-of-way boundary of Georgia Highway Number 22; thence Southeastward along the Northeastern right-of-way boundary of Georgia Highway Number 22 and N. Cobb Street a distance of 1545.62 feet to the point of beginning.

Page 2745

In addition to the included portion within the property set out above, there is also included the 130 foot right-of-way of Georgia Highway Number 22 lying to the North of said property. This is a portion of that same property set out and identified as Tract Number One (1) on that plat of a survey made by Calvin W. Rice, R.G.S. No. 58, dated March 31, 1970, and now of record in the Office of the Clerk of the Superior Court of Baldwin County, Georgia, in Deed Book 85, page 474, reference being thereto made and to its record in aid of this description.' `TRACT Q: All that tract or parcel of land situate, lying, and being in the 319th G.M.D. of and in Baldwin County, Georgia, containing 230.56 acres and, generally bounded as follows: Beginning at the point of intersection of the Southwest right-of-way boundary of Georgia Highway Number 212 with the Northwest right-of-way boundary of Georgia Highway Number 22, thence from said point of beginning along said Northwestern boundary of Georgia Highway Number 22 South 76 degrees 52 minutes West a distance of 1220.3 feet, thence South 75 degrees 22 minutes West a distance of 143 feet, thence South 75 degrees 02 minutes West a distance of 143 feet, thence South 73 degrees 46 minutes West a distance of 144.8 feet, thence South 73 degrees 11 minutes West a distance of 1019.9 feet to property of J.P. Stevens Company; thence along the boundary with J.P. Stevens Company North 20 degrees 58 minutes West a distance of 179 feet, thence North 0 degrees 58 minutes West a distance of 537.5 feet, thence along the boundary of J.P. Stevens Co. land North 88 degrees 3 minutes West a distance of 332.6 feet; thence South 1 degree 57 minutes West a distance of 882.1 feet to the Northern right-of-way line of State Highway No. 22; thence with said right-of-way line South 72 degrees 13 minutes West a distance of 209.6 feet; thence North 19 degrees 30 minutes West a distance of 25.1 feet; thence South 68 degrees 41 minutes West a distance of 142 feet to State Park land; thence with the boundary of State Park land

Page 2746

North 20 degrees 44 minutes West a distance of 1810.4 feet; thence North 39 degrees 50 minutes East a distance of 300 feet; thence North 50 degrees 10 minutes West a distance of 470 feet, thence North 44 degrees 42 minutes West a distance of 700 feet, thence North 12 degrees 25 minutes West a distance of 156 feet, thence North 1 degree 30 minutes West a distance of 270 feet, thence North 19 degrees 24 minutes East a distance of 356 feet, thence North 25 degrees 06 minutes East a distance of 373 feet to the center line of a county dirt road; thence along the center line of said dirt road North 76 degrees 07 minutes East a distance of 200 feet, thence North 58 degrees 52 minutes East a distance of 426 feet, thence North 48 degrees 43 minutes East a distance of 340 feet, thence North 60 degrees 30 minutes East a distance of 173 feet, thence North 77 degrees 42 minutes East a distance of 150.4 feet to the Southwestern boundary of Georgia Highway Number 212; thence along the said Southwestern boundary of Georgia Highway Number 212 South 39 degrees 44 minutes East a distance of 547.9 feet, thence South 22 degrees 22 minutes East a distance of 146.8 feet, thence South 38 degrees 04 minutes East a distance of 271 feet, thence South 54 degrees 14 minutes East a distance of 208 feet, thence South 40 degrees 14 minutes East a distance of 140.3 feet, thence South 43 degrees 24 minutes East a distance of 135.8 feet, thence South 44 degrees 20 minutes East a distance of 135.8 feet, thence South 45 degrees 38 minutes East a distance of 1466.5 feet, thence South 44 degrees 33 minutes East a distance of 285.4 feet, thence South 44 degrees 03 minutes East a distance of 1485.5 feet to the point of beginning. In addition to the property set out above, there is also included the 130 foot right-of-way of Georgia Highway Number 22 lying to the Southeast of said property, and the 100 foot right-of-way of Georgia Highway Number 212 lying to the Northeast of said property.' `TRACT RR: (acreage not included in Tract R) All of that tract of land known as the right-of-way of State Highway No. 212 adjacent to land of the Walter B.

Page 2747

Williams, Jr. Recreation Park and State land of the Youth Development Center; being portions of land lots Nos. 267, 268, 269, 278, 279, and 280 of the 1st Land District of Baldwin County, Georgia; and being in particular a strip of land 100 feet wide extending 50 feet to each side of the State Highway No. 212 pavement centerline and being 5709 feet in length adjoining the above mentioned Tracts of land, containing 13.1 acres and designated as Tract RR on the plat of Nov. 14, 1974 by Calvin W. Rice, Ga. Reg. Surveyor No. 58.' `TRACT S: All of that tract of land known as the operating headquarters lot of Georgia Power Co., being in the Badowski Subdivision, and being portions of land lots numbers 295, and 296 of the 1st Land District of Baldwin County, Georgia; and being bounded in particular as follows: Beginning at a point on the southern right-of-way line of Garrett Way 74.8 feet Easterly from the center line of the Central of Georgia Railroad; thence Southeasterly, parallel with the said Railroad, 126.26 feet; thence Northeasterly at a right angle to Lata Terrace 513.33 feet; thence Southeasterly, parallel with the said Lata Terrace 246.52 feet; thence Northeasterly at a right angle to Lata Terrace 500 feet to Lata Terrace, thence with Lata Terrace, Southeasterly 200.1 feet; thence at a right angle, Southwesterly 249.78 feet; thence at a right angle Southeasterly 469.95 feet, thence at a right angle Southwesterly 500 feet, more or less to the Northern right-of-way line of the Central of Georgia Railroad; thence with said right-of-way line Northwesterly 1168 feet, more or less, to the Southern right-of-way of Garrett Way; thence Easterly with said right-of-way line to the point of beginning, containing 15 Acres and designated as Tract S on the plat of November 14, 1974 by Calvin W. Rice, Ga. Reg. Surveyor No. 58.' `TRACT SS: All of that tract of land known as the portion of the right-of-way of the Central of Georgia Railroad adjacent

Page 2748

to the Georgia Power Co. Operating Headquarters lot; being portion of land lots nos. 295, 296, and 281 of the 1st Land District of Baldwin County, Georgia; and being in particular a strip of land 1168 feet in length and of varying width between 40 feet and 100 feet as determined by actual use, there being no definite right-of-way of record; and being all of said right-of-way adjoining the said Georgia Power Co. lot, containing 2.7 acres, more or less, and designated as Tract SS on the plat of November 14, 1974, by Calvin W. Rice, Ga. Reg. Surveyor No. 58.' `TRACT T: All of that tract of land known as the City of Milledgeville Water tank lot and a portion of Milledge Heights Corp. land adjacent to same; being a portion of land lot no. 297 of the 1st land district of Baldwin County; and being bounded in particular as follows: Beginning at the Northern right-of-way intersection of Roberson Road and the Central of Georgia Railroad; thence Northeasterly with Roberson Road right-of-way 229 feet, more or less to the Southwestern line of a private road of Meadows Industries, Inc., thence with said private road N 39 22[UNK] 50[UNK] W 325.6 feet; thence S 52 04[UNK] W 229 feet, more or less, to the Northeastern right-of-way line of the Central of Georgia Railroad; thence with said right-of-way line Southeasterly 325.6 feet, more or less to the point of beginning, containing 1 acre, and designated as Tract T on the plat of November 14, 1974, by Calvin W. Rice, Ga. Reg. Surveyor No. 58.' `TRACT U: (acreage included in Tract P) All of that tract of land known as the Georgia Railroad right-of-way through State land of the Youth Development Center; being portions of land lots Nos. 295, 281, 282, and 266 of the 1st Land District of Baldwin Co., Georgia; and being in particular a strip of land 150 feet wide extending 75 feet to each side of the Georgia Railroad main tract centerline, being 5610 feet in length and being all of said Railroad right-of-way within the boundaries of the said

Page 2749

State land of the Youth Development Center, containing 19.3 acres, and designated Tract U on the plat of Nov. 14, 1974, by Calvin W. Rice, Ga. Reg. Surveyor No. 58.' `TRACT V: All of that Tract of land known as the right-of-way of the Georgia Railroad between land of State of Georgia (part of former Central State Hospital Dairy land), and land of J.P. Stevens Co. and the Baldwin Co. Industrial Park land; being portions of land lots Nos. 266, 250, 251, and 237 of the 1st Land District of Baldwin County, Georgia; being in particular a strip of land 150 feet wide extending 75 feet to each side of the centerline of the Georgia Railroad main tract between the above mentioned lands, and being in length 6450 feet from the western boundary of Youth Development Center land Westward to the centerline of Little Fishing Creek, containing 22.2 acres and designated as tract V on the plat of Nov. 14, 1974, by Calvin W. Rice, Ga. Reg. Surveyor No. 58.' `TRACT W: All of that tract of land known as the right-of-way of the Georgia Railroad adjacent to land of the Old State Farm; being portions of land lots numbers 220 and 237 of the 1st land District being in particular a strip of land 150 feet wide extending 75 feet to each side of the said Railroad main tract, and being in length 3156 feet from the center line of Little Fishing Creek westward to the boundary of the Florence Proctor place, containing 10.9 acres and designated as tract W on the plat of November 14, 1974 by Calvin W. Rice, Ga. Reg. Surveyor No. 58.' `TRACT X: (Acreage not included in tract P) All of that tract of land known as the right-of-way of State Highway numbers 22 adjacent to State Land of the Youth Development Center; being portions of land lots numbers 267, 280, and 281 of the 1st Land District of Baldwin County, Georgia; being in particular a strip of land 130 feet wide extending 65 feet to each side of the

Page 2750

centerline of the said highway pavement, and being in length 2508 feet from the projection of the Sunny Acres Southeastern boundary line, Westward to the projection of the Eastern boundary line of J. P. Stevens Co., containing 7.5 acres, and designated as Tract X on the Plat of November 14, 1974, by Calvin W. Rice, Ga. Reg. Surveyor no. 58.' `TRACT Y: All of that tract of land known as the right of way of State Highway No. 22 between lands of the J. P. Stevens Company, the Baldwin County Industrial Park, part of the former Central State Hospital Dairy land, and lands of the Walter B. Williams Jr. Recreation Park, J. P. Stevens Company, and the Georgia State Park; being portions of land Lots 219, 237, 238, 250 and 267 of the 1st Land District of Baldwin County; and being in particular a strip of land 130 feet wide extending 65 feet to each side of the center line of the said highway pavement, between the above mentioned lands, being in length 9702 feet from the projection of the Eastern boundary of the main tract of J. P. Stevens Company, Westward to the Eastern boundary line of the Florence Proctor place, containing 29 acres and designated as Tract Y on the plat of November 14, 1974, by Calvin W. Rice, Georgia Registered Surveyor No. 58.' TRACT Z: All of that Tract of land known as the Roberson Road right-of-way between N. Columbia Street and the Central of Georgia Railroad; being in land lot no. 297 of the 1st Land District of Baldwin County, Georgia; and being in particular a strip of land 100 feet wide, extending 50 feet to each side of the centerline of Roberson Road pavement and being in length 2245 feet westward from N. Columbia Street to the Central of Georgia Railroad, containing 5.2 acres and designated as Tract Z on the plat of Nov. 14, 1974 by Calvin W. Rice, Ga. Reg. Surveyor on No. 58.' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2751

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, so as to change the corporate limits of said City; and for other purposes. This 26 day of Dec., 1974. /s/ Culver Kidd Senator, 25th District /s/ Wilbur E. Baugh Representative, 108th District /s/ Bobby E. Parham Representative, 109th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wilbur E. Baugh who, on oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union Recorder which is the official organ of Baldwin County, on the following dates: January 2, 9, 16, 1975. /s/ Wilbur E. Baugh Representative, 108th District Sworn to and subscribed before me, this 20th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 20, 1975.

Page 2752

DeKALB COUNTY BOARD OF EDUCATIONDISTRICTS CHANGEDREFERENDUM. No. 97 (House Bill No. 385). An Act to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended by an Act approved March 2, 1966 (Ga L. 1966, p. 2810), and by an Act approved April 25, 1969 (Ga. L.1969, p. 3586), so as to change the provisions relative to school board districts; to change the provisions relative to the election of members of said Board of Education; to change the provisions relative to the compensation of the members of said Board of Education; to provide for all matters relative to the foregoing; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended by an Act approved March 2, 1966 (Ga. L. 1966, p. 2810), and by an Act approved April 25, 1969 (Ga. L. 1969, p. 3586), 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) There is hereby created in DeKalb County a Board of Education to be composed of seven members. For the purpose of electing members to the Board of Education of DeKalb County, the DeKalb County School District shall be divided into four School Board Districts as follows: School Board District No. 1 shall consist of all that portion of the DeKalb County School District as follows: DeKalb Chamblee-Doraville CCD 20.

Page 2753

School Board District No. 2 shall consist of all that portion of the DeKalb County School District as follows: DeKalb Clarkston CCD 25 Tract 220 Blocks 101 through 111, 115, 116, 201, 202, 203, 205 through 212, 401 through 413, 906, 907, 909 through 911 Druid Hills-North Decatur CCD 40 Tract 223.02 North Druid Hills CCD 55 Tract 215, 216.01, 216.02, 216.03 Scottdale CCD 60 Tract 222 Blocks 101 through 110 Stone Mountain CCD 65 Tract 219 Blocks 101 through 117, 125 through 133, 932 through 943 Tucker CCD 70. School Board District No. 3 shall consist of all that portion of the DeKalb County School District as follows: DeKalb Avondale Estates-Belvedere CCD 10 Tracts 229, 230, 231.02 Tract 231.03 Except Blocks 101, 103, 104, 106 through 112, 114, 201 through 216, 301, 303 through 306 Tract 231.04 Clarkston CCD 25 Tract 220 Except Blocks 101 through 111, 115, 116, 201 through 203, 205 through 212, 401 through 413, 906, 907, 909 through 911 Druid Hills-North Decatur CCD 40 Tracts 223.01, 224.01, 224.02, 224.03

Page 2754

Constitution-Panthersville CCD 30 Tract 234.02 All that portion of CT 234.02 which lies East of a line beginning at a point which is the Northeast corner land lot 55 within the 16th land district of DeKalb County; thence in a Southerly direction in a straight line to a point which is the Southeast corner of land lot 49 of the 16th land district of DeKalb County, and that portion of said CT 234.02 which lies within land lots 253 and 254 of the 11th land district of DeKalb County Lithonia CCD 15 Scottdale CCD 60 Tract 221 Tract 222 Except Blocks 101 through 110 Stone Mountain CCD 65 Tract 219 Except Blocks 101 through 117, 125 through 133, 932 through 943. School Board District No. 4 shall consist of all that portion of the DeKalb County School District as follows: DeKalb Avondale Estates-Belvedere CCD 10 Tract 231.01 Tract 231.03 Blocks 101, 103, 104, 106 through 112, 114, 201 through 216, 301, 303 through 306 Candler-Glenwood CCD 15 Tracts 235.01, 235.02, 235.03, 236, 237 Constitution-Panthersville CCD 30 Tract 234.01 Tract 234.02 All that portion of CT 234.02 which lies West of a line beginning at a point which is the Northeast corner of land lot 55 within the 16th land district of DeKalb County; thence in a Southerly direction

Page 2755

in a straight line to a point which is the Southeast corner of land lot 49 of the 16th land district of DeKalb County Tracts 238.01, 238.02 and 238.03. (b) For the purposes of subsection (a) of this Section, 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 DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur which is not included in School Board Districts 1, 2, 3 or 4 described in subsection (a) of this Section shall be included within School Board Districts 1, 2, 3 or 4 contiguous to such portion which contains the least population according to the United States Decennial Census of 1970 for the State of Georgia. (d) For the purposes of electing members of the Board of Education of DeKalb County, positions of membership on the Board shall be numbered as Posts 1 through 7, respectively. In order to be eligible to offer for election to Post No. 1, a candidate must be a resident of Education District No. 1. In order to be eligible to offer for election to Post No. 2, a candidate must be a resident of Education District No. 2. In order to be eligible to offer for election to Post No. 3, a candidate must be a resident of Education District No. 3. In order to be eligible to offer for election to Post No. 4, a candidate must be a resident of Education District No. 4. In order to be eligible to offer for election to Post No. 5, a candidate must be a resident of either Education District Nos. 1 or 2. In order to be eligible to offer for election to Post No. 6, a candidate must be a resident of either Education District 3 or 4. A candidate offering for election to Post No. 7 may reside anywhere within the DeKalb County School District.

Page 2756

Section 2. Said Act is further amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. (a) In the election conducted in 1976 to elect members to the Board of Education of DeKalb County, there shall be elected to the Board members for Posts 2, 3 and 5. Those candidates elected to the Board shall be the successors to the incumbent members from the heretofore existing School Board Districts 2, 3 and 5 as follows: Post 2old District 2, Post 3old District 3, and Post 5old District 5. Such members shall take office on the first day of January following their election and serve for terms of office of four years and until their successors are duly elected and qualified. Thereafter, their successors shall be elected in the election of school board members for DeKalb County which is conducted immediately preceding the expiration of their terms of office. Such successors shall take office on the first day of January immediately following their election and they shall serve for terms of office of four years and until their successors are duly elected and qualified. (b) In the election conducted in 1978 to elect members to the Board of Education of DeKalb County, there shall be elected to the Board members for Posts, 1, 4, 6 and 7. Those candidates elected to the Board shall be the successors to the incumbent members from the heretofore existing School Board Districts 1, 4, 6 and 7 as follows: Post 1old District 1, Post 4old District 4, Post 6old District 6, and Post 7old District 7. Such members shall take office on the first day of January, 1979, for terms of office of four years and until their successors are duly elected and qualified. Thereafter, their successors shall be elected in the election of school board members for DeKalb County which is conducted immediately preceding the expiration of their terms of office. Such successors shall take office on the first day of January immediately following their election and they shall serve for terms of office of four years and until their successors are duly elected and qualified. Section 3. Said Act is further amended by striking section

Page 2757

4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The member of the Board of Education elected to Post No. 1 shall be elected by the electors residing within School Board District No. 1. The member of the Board of Education elected to Post No. 2 shall be elected by the electors residing within School District No. 2. A member of the Board of Education elected to Post No. 3 shall be elected by the electors residing within School Board District No. 3. The member of the Board of Education elected to Post No. 4 shall be elected by the electors residing within School Board District No. 4. Members elected to Post Nos. 5, 6 and 7 shall be elected by the electors of the DeKalb County School District. Candidates elected to Post Nos. 1, 2, 3 and 4 must have been a resident of the territory comprising the respective School Board District from which elected for at least one year as of the date of taking office. Candidates elected to Post No. 5 must have been a resident of School Board District 1 or 2 for at least one year as of the date of taking office. Candidates elected to Post No. 6 must have been a resident of School Board District 3 or 4 for at least one year as of the date of taking office. Any member of the Board shall be immediately disqualified to continue serving as a member of the Board if he ceases to maintain the residency requirements prescribed by this Act, or if he qualifies for any other Federal, State or county elective office. Section 4. Said Act is further amended by striking section 9 in its entirety and substituting in lieu thereof the following: Section 9. The Chairman and each member of the Board of Education of DeKalb County shall receive the sum of $400.00 per month for their services as such. Salaries. Section 5. It shall be the duty of the Board of Elections of DeKalb County to issue the call for an election for the purpose of submitting this Act to the electors of the DeKalb County School District for approval or rejection. The Board

Page 2758

of Elections shall set the date of such election for the date upon which the Presidential Preference Primary shall be conducted within DeKalb County in 1976. The Board of Elections shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act changing the Districts from which members of the Board of Education of DeKalb County are elected; changing the terms of office of the members of the Board; and changing the compensation of members of the Board be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 DeKalb County. It shall be the duty of the Board of Elections of DeKalb County to hold and conduct such election. The Board 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 Board to canvass the returns and declare and certify the result of the election. It shall be the further duty of the Board to certify the result thereof to the Secretary of State. Section 6. The members of the Board of Education of DeKalb County serving as such on the date of the approval of this Act shall continue to serve as such until their successors shall be elected and qualified as provided for in section 2 of this Act. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2759

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to change the manner and method of election of the members of the Board of Education of DeKalb County; to change school board districts; to change the compensation of the members; to change their terms of office; to provide the procedures connected therewith; and for other purposes. This 19th day of December, 1974. /s/ John Hawkins Representative, 50th District Georgia General Assembly /s/ Eleanor Richardson Representative, 52nd District Georgia General Assembly Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Intention to Introduce Local Legislation, a true copy of which is hereto annexed, was published in said newspaper in its issue of the Dec. 26, 1974, Jan. 2 and 9, 1975. /s/ Gerald W. Crane Publisher Sworn to and subscribed before me, this 22nd day of January, 1975. /s/ Samme K. Toycen Notary Public. My Commission expires June 26, 1977. (Seal). Approved March 20, 1975

Page 2760

TOWN OF ORCHARD HILLCHARTER AMENDED. No. 98 (House Bill No. 904). An Act to amend an Act incorporating the Town of Orchard Hill in Spalding County, approved August 19, 1912 (Ga. L. 1912, p. 1190), so as to provide that the town shall be a body politic and corporate with perpetual succession, may contract, may sue and be sued, plead and be impleaded in the courts, and may have and use a common seal; to change the composition of the governing authority of the town; to provide for the terms of office of councilmen; to provide for the designation of a mayor; to provide for the assessment, levy and collection of property taxes by the town; to provide for the powers and duties of the council; to make the appointment of a marshal optional rather than mandatory; 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 Orchard Hill in Spalding County, approved August 19, 1912 (Ga. L. 1912, p. 1190), is hereby amended by striking section 3 in its entirety and substituting in lieu thereof a new section 3, to read as follows: Section 3. The Town of Orchard Hill and the inhabitants thereof shall be a body politic and corporate under the name and style of the `Town of Orchard Hill', 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 2. Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof a new section 5, to read as follows: Section 5. The corporate powers of the town shall be vested in a council, composed of three councilmen, one of

Page 2761

whom shall be designated as mayor of the town as provided hereinafter. On the first Saturday in December, 1975, and annually thereafter, a town election shall be held. At the election in 1975, three councilmen shall be elected. For the purposes of such election and subsequent elections, the council shall be divided into three posts, and candidates shall specify the post for which they seek election. At the election in 1975, the councilman from post 1 shall be elected to a term of one year, the councilman from post 2 shall be elected to a term of two years, and the councilman from post 3 shall be elected for a term of three years. Thereafter, an election shall be held on the first Saturday in December to fill the post of the councilman whose term expires in that year, and the councilman so elected shall serve a term of three years. The councilmen shall serve until their successors are duly elected and qualified. The councilman elected to post 1 in the election held in 1975 shall be designated mayor and shall hold said office for one year. At the expiration of the term of said councilman and annually thereafter, the councilman whose term expires in the following year shall be designated mayor. No one shall vote for or be eligible to run for the office of councilman who is not a resident of the town and who is not qualified to vote for members of the General Assembly. Council. Section 3. Said Act is further amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7, to read as follows: Section 7. (a) All property subject to taxation under the laws of this State shall be subject to the property tax levied by the town. Taxes. (b) 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 rate in effect the last fiscal year shall continue in effect as the tax rate for the new fiscal year. The council is hereby authorized to

Page 2762

levy taxes in excess of the limitations prescribed by Code sections 92-4101 through 92-4104, and such limitation shall not apply to the town. (c) The due dates of property taxes shall be fixed by ordinance and provision may be made for installment payments in accordance with general law. The town 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 ten percent (10%) shall be added and thereafter such taxes shall be subject to interest at the rate of seven percent (7%) per annum from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the town shall have the force and effect of a judgment of a court of record. (d) The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the council and executed by the sheriff or marshal under the same procedure provided by laws governing executions of 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 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. Said Act is further amended by striking section 8 in its entirety and substituting in lieu thereof a new section 8, to read as follows: Section 8. The mayor of the town shall have the authority to try all persons charged with a violation of the ordinances of said town at any time and may punish persons proven guilty by a fine not to exceed $50.00 or thirty days' imprisonment. Any person may appeal the mayor's decision to the other two councilmen by giving written notice, and said appeal shall be held at the next regular session of the council. Court.

Page 2763

Section 5. 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 council may elect a marshal who shall be a citizen of the town. The council shall fix the salary and regulate the duties of the marshal if a marshal is elected. Marshal. Section 6. Said Act is further amended by striking section 11 in its entirety and substituting in lieu thereof a new section 11, to read as follows: Section 11. The corporate powers of the city, to be exercised by the council, shall include the power (1) to levy and to provide for the assessment and collection of taxes on all property subject to taxation. Powers. (2) 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. (3) to levy and provide for the collection of registration fees on automobiles and trucks owned by residents of the town, and also on automobiles and trucks owned by non-residents and operated within the town with any regularity. Such registration fees on trucks or automobiles may be graduated according to their tonnage capacities, weight or horsepower. (4) to appropriate and borrow money to provide for payment of the debts of the town, and to authorize the expenditure of money for any public purpose. (5) to acquire, dispose of, and hold in trust or otherwise any real, personal or mixed property, inside or outside the town. (6) to condemn property, inside or outside the town, for present or future public use, under Code section 36-202, or under other applicable public laws.

Page 2764

(7) to acquire, operate and dispose of public utilities, subject to the provisions of applicable general laws. (8) 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. (9) 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. (10) to provide for the acquisition, construction, building, operation and maintenance of public ways; parks; public grounds; cemeteries; markets and market houses; public buildings; libraries; sewers; drains; sewage treatment facilities; airports; hospitals; charitable, education, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the town, and to regulate the use thereof, and for such purposes property may be taken under Code section 36-202, or other applicable public laws. (11) to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots of lands. A real estate owner shall be liable for any injury or damage sustained by reason of a defective sidewalk adjoining his lot or land and the town shall not be liable for any such injury or damage, if a town officer or employee, authorized to do so by the mayor and town council, at least ten days prior to occurrence of the injury or damage served the owner of record 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. (12) to prescribe standards of health and sanitation and to provide for the enforcement of such standards.

Page 2765

(13) to provide for the collection and disposal of garbage, rubbish and refuse. Charges may be imposed to cover the costs of such services which, if unpaid, shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and town property taxes and shall be enforceable in the same manner and under the same remedies as a lien for town property taxes. (14) to define, regulate and prohibit any act, practice, conduct, or use of property, detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the town. (15) to establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness and safety of inhabitants of the town, and to provide for the enforcement of such standards. (16) to regulate and license weights and measures. (17) to provide that persons given jail sentences under section 8 shall work out such sentences on the streets or any public works of the town or in a town workhouse established for this purpose, as provided by ordinance; or the mayor and council may provide for the commitment of town prisoners to the county workhouse or jail by agreement with the appropriate county officers. (18) 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. (19) to regulate any railroad corssings or trains within the town. (20) to regulate and license vehicles operated for hire in the town, to limit the number of such vehicles, to require

Page 2766

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. (21) to levy and provide for the collection of special assessments for public improvements. (22) to designate a depository or depositories for all town funds, and to require indemnity bond from such depository or depositories in the sum fixed by the mayor and council. (23) 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. (24) to authorize the providing for surety bonds for employees, said bonds to be payable to the town, with premiums payable by the town, when necessary or proper. (25) to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the town and its inhabitants, and all implied powers necessary to carry into execution all powers granted in the Act as fully and completely as if such powers were fully enumerated herein. No enumeration of particular powers in this Act shall be held to be exclusive of others nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable public laws of the State. Section 7. Said Act is further amended by striking section 12 in its entirety.

Page 2767

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Articles of Amendment. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to amend an act incorporating the City of Orchard Hill and providing amendments to the charter for the government of said City, approved August, 1912, (Ga. L. 1912, page 1190) so as to change the provisions relative to the governing body of said City and other matters relative to the government to said City; and for other purposes. This the 22nd day of December, 1974. /s/ John R. Carlisle State Representative 71st District Georgia, Spalding County. Personally appeared before me, a notary public within and for the above State and County, Quimby Melton, Jr., who on oath, deposes and says that he is the publisher of Griffin Daily News which is the official organ of Spalding County, and that an additional copy of notice of intention to introduce local legislation was published therein on the following dates: December 27, 1974, January 3, 1975, and January 16, 1975. /s/ Quimby Melton, Jr., Publisher Sworn to and subscribed before me, this the 20th day of January, 1975. /s/ Jane York Notary Public, Lamar County, Georgia (Seal). Approved March 20, 1975.

Page 2768

JASPER COUNTYTAX COMMISSIONER PLACED ON SALARY, ETC. No. 99 (Senate Bill No. 317). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935 (Ga. L. 1935, p. 703), as amended, so as to place the Tax Commissioner on an annual salary in lieu of the fee basis of compensation; to provide for assistants and personnel for the Tax Commissioner and their appointment, removal, powers, duties, and compensation; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for exceptions; 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. An Act consolidating the offices of Tax Receiver and Tax Collector of Jasper County into the office of Tax Commissioner of Jasper County, approved March 26, 1935 (Ga. L. 1935, p. 703), as amended, is hereby amended by striking section 6 of said Act in its entirety and inserting in lieu thereof a new section 6 to read as follows: Section 6. (a) The present mode of compensating the Tax Commissioner of Jasper County, known as the fee system, is hereby abolished, and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided. Salary. (b) The Tax Commissioner of Jasper County shall receive for his services as such an annual salary of $15,000.00, payable in equal monthly installments from the funds of Jasper County. (c) The Tax Commissioner shall diligently and faithfully undertake to collect all fees, forfeitures, commissions, costs,

Page 2769

allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the Tax Commissioner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. It is specifically provided that the salary provided herein for the Tax Commissioner shall be in lieu of all fees and 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 amended. The provisions of this Act shall not affect any compensation the Tax Commissioner may receive for serving as voter registrar or fees for the sale of motor vehicle license plates and he may continue to receive such compensation. Said Tax Commissioner shall also be entitled to all fees and commissions for collecting 1974 taxes and taxes for prior years. (d) The Tax Commissioner shall be authorized to employ such assistants and other personnel as may be approved by the governing authority of Jasper County to assist in the performance of the duties of the Tax Commissioner's office. The compensation of such assistants and personnel shall be fixed by the governing authority of the county. It shall be within the sole power of the Tax Commissioner to name the persons to be employed as such assistants and personnel, to prescribe their duties and powers, and to remove or replace them within his sole discretion and authority. (e) All expenses of the Tax Commissioner's office, expressly including the compensation of personnel, 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

Page 2770

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 Jasper 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 1975 session of the General Assembly of Georgia, a bill to place the tax commissioner of Jasper County on a salary basis in lieu of a fee basis; to provide for all other matters relative thereto; and for other purposes. This 20th day of January, 1975. Culver Kidd Senator of 25th District Georgia, Jasper County. Personally appeared before me, the undersigned officer authorized to administer oaths, J. W. Haney, who being duly sworn, on oath deposes and says that he is the owner and publisher of The Monticello News, and that the attached copy of notice of intention to introduce legislation placing the Tax Commissioner of Jasper County on salary, was published in The Monticello News, the official organ of Monticello, Jasper County, Georgia, on the following dates: January 23, 1975, January 30, 1975 and February 6, 1975. /s/ James W. Haney

Page 2771

Sworn to and subscribed before me, this 11 day of Feb., 1975. /s/ Sara S. Polk Notary Public, Ga., State at Large. (Seal). Approved March 20, 1975. ORCHARD HILLCHARTER AMENDEDCORPORATE LIMITS CHANGEDREFERENDUM. No. 100 (Senate Bill No. 319). An Act to amend an Act incorporating the Town of Orchard Hill in Spalding County, approved August 19, 1912 (Ga. L. 1912, p. 1190), so as to change the corporate limits of said town; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Orchard Hill in Spalding County, approved August 19, 1912 (Ga. L. 1912, p. 1190), 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 of the Town of Orchard Hill in Spalding County shall be defined, located and described as follows: `Beginning at a point located at the intersection of the South boundary line of Land Lot 217 of the Second Land District of originally Monroe, now Spalding County, Georgia, with the centerline of Potato Creek, said creek being the dividing line between Spalding and Lamar Counties; thence in a Northerly and Northwesterly direction along the centerline of Potato Creek to a point located in the center of Johnston Road; thence Northeast and East along the said

Page 2772

centerline of Johnston Road to the intersecting point of Johnston Road with the arc of the original unincorporated city limits line of Orchard Hill, Georgia, (said arc having a radius of one-fourth () mile from the old railroad depot) and extending in a Northeasterly direction along said arc to the center of McDonough Road; thence in a Northeasterly direction along the center of McDonough Road 800 feet to a point; thence in a Southeasterly direction along the Northeast property line of Reba Crowder and Peggy Dutton a distance of 230 feet to a point; thence in a Southwesterly direction along the Southeast property line of said Reba Crowder and Peggy Dutton a distance of 50 feet to a point; thence in an Easterly direction to a point located on the East boundary line of Land Lot 248; thence North along said East boundary line of Land Lot 248 to the Northwest corner of Land Lot 9; thence East along the North boundary line of Land Lot 9 to the center of Futral Road; thence in a Southeasterly and Easterly direction along said center of Futral Road to a point on the East boundary line of Land Lot 24; thence South along said East boundary line of Land Lot 24 to the Southeast corner of said Land Lot 24; thence West along the South boundary line of Land Lot 24 to a point located in the center of Morgan Road and Northeast corner of Rufus G. Akins; thence South along the East property line of Rufus G. Akins and Nera Cook to a point located on the South boundary line of Land Lot 25, said South boundary line being the dividing line between Spalding and Lamar Counties; thence along said Spalding and Lamar County line to the point of beginning.' Section 2. Not less than 1 nor more than 15 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Spalding County to issue the call for an election for the purpose of submitting this Act to the electors residing within the corporate limits of the Town of Orchard Hill and to the electors of Spalding County residing within the area proposed to be annexed by this Act for approval or rejection. The votes cast by the voters residing within the corporate limits of the Town and the votes cast by the electors residing within the area proposed to be annexed by this Act shall be counted separately. The

Page 2773

superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Spalding County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act extending the corporate limits of the Town of Orchard Hill be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question by the electors residing within the corporate limits of the Town of Orchard Hill and if more than one-half of the votes cast on such question by the electors residing in the area proposed to be annexed by this Act are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the Town of Orchard Hill. It shall be the duty of the superintendent to hold and conduct such 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. ARTICLES OF ANNEXATION Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to annex certain portions of Spalding County, Georgia, into the City of Orchard Hill expanding the City limits set forth in the original charter approved August, 1912 (Ga.

Page 2774

L. 1912, p. 1190), and other matters relative to the corporate limits of said City; and for other purposes. This the 22nd day of December, 1974. John R. Carlisle State Representative 71st District Georgia, Spalding County. Personally appeared before me, a notary public within and for the above State and County, Quimby Melton, Jr., who on oath, deposes and says that he is the publisher of Griffin Daily News which is the official organ of Spalding County, and that an additional copy of notice of intention to introduce local legislation was published therein on the following dates: December 27, 1974, January 3, 1975, and January 16, 1975. /s/ Quimby Melton, Jr. Publisher Sworn to and subscribed before me, this the 20th day of January, 1975. /s/ Jane York Notary Public, Lamar County, Georgia (Seal). Approved March 20, 1975. BALDWIN COUNTYOFFICE OF TAX COMMISSIONER CREATED, ETC. No. 101 (House Bill No. 239). An Act to consolidate the offices of Tax Receiver and Tax Collector of Baldwin County into the office of Tax Commissioner

Page 2775

of Baldwin County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide that 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 personnel in the office of the tax commissioner, their compensation, and the payment of 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. The offices of Tax Receiver and Tax Collector of Baldwin County are hereby consolidated and combined into the one office of Tax Commissioner of Baldwin County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon the tax receivers and tax collectors by the laws of this State. Created. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Baldwin County in 1976. The person so elected shall take office on the first day of January, following his election and shall serve until December 31, 1980, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election, and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall effect the term of office of the present Tax Collector and Tax Receiver of Baldwin County, and their terms of office shall continue through December 31, 1976. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Election.

Page 2776

Section 3. The tax commissioner before entering upon the duties of his office, shall take the oath prescribed by law for tax collectors and shall give bond as provided by law for the tax collector. Oath. Section 4. All taxes due and payable at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued. Section 5. The tax commissioner shall receive an annual base salary of $12,000.00, to be paid in equal monthly installments from funds of Baldwin County. Said base salary shall be increased in the amount of $500.00 per annum for each year of service completed as tax commissioner up to a maximum of $15,000.00; provided, however, that the initial tax commissioner elected as herein provided shall be given credit at the rate of $500.00 per year up to the maximum of $15,000.00 for each year of prior service to Baldwin County, Georgia, as an elected, full-time county officer. County officer as used in this Section shall include only the offices of tax collector, tax receiver, clerk of superior court, Judge of the Probate Court, sheriff and county commissioners. Salary. Section 6. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies, and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the tax commissioner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Fees. Section 7. The tax commissioner shall have the authority

Page 2777

to 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 number of employees and the compensation to be received by each employee in said office; provided, however, that not less than two employees shall be provided for said office and that salaries paid such employees will be consistent with those paid for similar jobs in the county government. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed and to prescribe their duties and assignments and to remove or replace any of such employee at will and within his sole discretion. Personnel. Section 8. The necessary operating expenses of the office of the tax commissioner, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purposes. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Baldwin County. Expenses. Section 9. This Act shall become effective January 1, 1977, except the provisions of section 2 relative to the election of the tax commissioner, which shall become effective on January 1, 1976. 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 regular 1975 session of the General Assembly of Georgia, a

Page 2778

bill to consolidate the offices of Tax Collector of Baldwin County and Tax Receiver of Baldwin County into the single office of Tax Commissioner of Baldwin County; to provide for the election, compensation, qualifications, term of office, expenses of office, personnel and supplies and equipment of the Office of Tax Commissioner of Baldwin County; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 24 day of December, 1974. Culver Kidd Senator, 25th District Wilbur E. Baugh, Representative, District 108 Bobby E. Parham, Representative, District 109 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wilbur E. Baugh who, on oath, deposes and says that he is Representative from the 108th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union Recorder which is the official organ of Baldwin County, on the following dates: January 2, 9, 16, 1975. Wilbur E. Baugh Representative, 108th District Sworn to and subscribed before me, this 20th day of January, 1975. s Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 21, 1975.

Page 2779

CITY OF ATHENSCHARTER AMENDEDDUTIES OF MAYOR DEFINED, ETC.REFERENDUM. No. 102 (House Bill No. 403). 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 January 26, 1946 (Ga. L. 1946, p. 313, No. 468), an Act approved December 12, 1953 (Ga. L. 1953, p. 2487, No. 624, House Bill 774), so as to define the duties and powers of the mayor; to create the office of chief administrative officer and provide for the appointment, powers, duties, and responsibilities thereof; to provide for the nomination and election of the mayor pro tem; to provide for the appointment of a city attorney and certain committees of council; to provide for a budget and methods of budgetary control; to provide an appeal hearing for department heads, officers, and employees not covered by the Personnel Board; to provide for all other matters material thereto; 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 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 January 26, 1946 (Ga. L. 1946, p. 313, No. 468) is hereby amended by striking the following sections 1, 2, and 3 from said last mentioned Act (Ga. L. 1946, p. 313, No. 468) in form as follows: Section 1. That the Act creating the Charter of the Mayor and Council of the City of Athens, and all amendatory Acts thereto, be and are hereby amended, and the Mayor and the Mayor and Council of the City of Athens, shall have the veto power on all questions coming before the Mayor and Council of the City of Athens, and shall have the right

Page 2780

to veto any ordinances or resolutions of said Council, provided said veto is exercised within five (5) days after the passage of said ordinance or resolution, and provided further, that any ordinance or resolution so vetoed by the Mayor shall not be passed over the said veto, except by the two-third vote of the members of the General Council voting to override said veto. Section 2. The Mayor of the City of Athens shall appoint all special committees of the Council, and shall annually make up and submit to the General Council a full and complete budget for all departments of the City of Athens. When said budget is submitted by the Mayor to the Council, they shall immediately accept or reject the budget so submitted by the Mayor for the various departments, then the full council shall immediately proceed to make up and adopt a budget for the various departments of the City themselves. Section 3. The Mayor of the City of Athens shall nominate the desired heads for those departments of the City of Athens, which are now nominated and elected by the Council alone, and shall submit his nomination to the Council, and in the event the council fails to elect the person so nominated, then the Mayor shall immediately submit an additional nomination, and in the event the Council rejects and fails to elect the second nomination, then the full Council shall immediately proceed to nominate and elect the department heads themselves, from proposals made by the Council. Nothing contained herein shall apply to any department head now elected or appointed by any Board or Commission of the City of Athens, but shall apply only to those Department heads which are now elected by Council alone. The Mayor of the City of Athens, is hereby declared to be and is hereby made the Chief Executive Officer of the City of Athens. and inserting in lieu thereof Sections 1, 2, and 3 as follows: Section 1. Chief Executive Officer. The Mayor shall be the Chief Executive of the City of Athens. He shall possess,

Page 2781

have, and exercise all of the executive powers granted to the City under the Charter, Constitution, and laws of the State of Georgia, and all the executive powers contained in this amendment. As the Chief Executive of the City of Athens, the Mayor shall: (a) see that all laws, regulations, and ordinances of the City are faithfully executed; (b) exercise supervision over all executive work of the City and provide for the coordination of such activity; (c) recommend to the council such measures relative to the affairs of the city, improvements of the government, and promotion of the welfare of all its inhabitants as he may deem expedient; (d) jointly prepare with the Chief Administrative Officer the annual operating and capital improvements 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) submit to the council the annual operating and capital improvements budget as prepared by the Mayor and the Chief Administrative Officer; (g) have the authority to examine and inspect the books, records, official papers and documents of any department, authority, board, commission, office, or agency of the Government of the City of Athens whenever he deems the same necessary and proper; (h) require any department or agency or official or employee of the City to submit written reports with connection to the affairs thereof whenever he deems it expedient; (i) perform other duties as may be required by the Charter of the City, law, or ordinance;

Page 2782

(j) shall have the veto power on all questions coming before the Council of the City of Athens and shall have the right to veto any ordinances or resolutions of the said Council; provided, said veto is exercised within five (5) days after the passage of said ordinance, resolution, or question dealth with, and provided further that any ordinance or resolution or matter so vetoed by the Mayor shall not be passed over the said veto, except by two-thirds vote of the members of Council voting to override said veto; (k) represent the City of Athens on ceremonial occasions. The Mayor shall appoint, subject to the confirmation of a majority of the Council, the following: (a) City Attorney; (b) Mayor Pro Tem from the Members of Council. (c) Standing and Special Committees of Council and the Chairman thereof. If Council should fail to confirm the appointment of the City Attorney or Mayor Pro Tem so appointed or nominated, then the Mayor shall immediately submit an additional nomination in each case and in the event the Council rejects or fails to elect the second nomination, then the full Council shall immediately proceed to appoint or nominate and elect such officers themselves from proposals as made by Council. Section 2. The Chief Administrative Officer. There shall be a Chief Administrative Officer, who shall be appointed by the Mayor and Council of the City of Athens for a term of one year, subject to removal as provided herein. The Chief Administrative Officer's term shall begin on July 1 of each year or as otherwise provided by Council and terminate the last day of the following June, and he may be dismissed or removed for any cause or reason as the Council may deem proper by a majority vote of the Council voting. Any charges must be brought in writing and a public hearing afforded the Chief Administrative Officer before such dismissal or

Page 2783

removal, if he requests such. The Mayor and Council of the City of Athens shall fill any vacancy from whatever cause in the same manner as for a regular term. The governing body may suspend such Chief Administrative Officer from his duties until a hearing can be had. Said governing body may appoint an acting Chief Administrative Officer whenever a vacancy or suspension exists and may provide for assistants. The method of selection of the Chief Administrative Officer shall initially be by a special committee composed of one Member of Council from each Ward. The Aldermen from each Ward shall jointly make the nomination to the Council for the Alderman to represent such Ward, and if unable to agree thereon, then a majority of Council shall appoint an Alderman from such Ward to said Committee. The purpose of said Special Committee shall be to screen applicants for the position of Chief Administrative Officer and said Committee shall submit their final selection to the Mayor and Council of the City of Athens for confirmation or rejection. If rejected, then such Committee shall continue to submit a nominee until confirmed. After expiration of initial term of the Chief Administrative Officer, the Mayor shall ex officio be a member of the aforesaid Special Committee. The duties of the Chief Administrative Officer shall be: 1. (a) Appoint, hire, discipline, suspend (with or without pay), discharge or fire any officer, department head, or employee, not now covered by the Personnel Board of the City of Athens, who shall be subject to his administrative supervision and direction, except such as whose appointment is otherwise provided herein, with the right of appeal to the Council as provided herein or as provided by ordinance. The method of appointment shall not apply to any department head now elected or appointed by any Board or Commission of the City of Athens. (b) Any department head, officer, or employee not covered by the Personnel Board shall have the right of a hearing on any grievance before the Personnel Committee of the governing body of the City of Athens by making a

Page 2784

written request therefor to said Committee within ten (10) days from the time of the occurrence of such grievance. The Personnel Committee shall be composed of such members of aldermen as the Council shall approve or direct and the appointment shall be as in the case of other committees. The Personnel Committee would review the grievance and render a decision. Such hearing may be private or public, according to the wishes of the employee. The employee, officer, or department head shall have the right to appeal the decision of the Personnel Committee to the governing body of the City of Athens, whose decision shall be final. Said appeal shall be filed in writing with the governing body of the City of Athens within ten (10) days from the date of the Personnel Committee's decision. 2. Exercise administrative supervision over all activities of all departments, agencies including authorities, boards, and commissions connected with such departments, and shall be the liaison between the Mayor and such departments, authorities, boards, commissions, and agencies, or such other matters as specified by the Council. 3. Assist the Mayor in the preparation of the annual operating and capital improvements budget. 4. Make periodic reports, with such recommendation as he deems appropriate to the Mayor and Council concerning the affairs of the City of Athens. 5. Call together periodically the heads of those departments for which he is responsible. He may invite to these meetings any other officers of the City of Athens. 6. Confer with and assist all departments which are not under the direct control of the Mayor and Council of the City of Athens, but which depend upon the appropriations (in whole or part) of the Mayor and Council of the City of Athens. 7. Examine regularly the accounts, records, and operation of each department, authority, board of commissions,

Page 2785

office, or agency which receives financial appropriations from the Mayor and Council of the City of Athens, and shall make regular reports to the Mayor on the fiscal affairs of the City of Athens, and shall keep the Mayor fully advised on the financial condition and the future needs of the City of Athens. 8. Submit to the Mayor and to the Mayor and Council of the City of Athens at the end of each fiscal year a complete report on the finances and administrative activities of the Mayor and Council of the City of Athens. 9. Require any department, authority, board, commission, office or agency of the Mayor and Council of the City of Athens to submit written reports in connection with the affairs thereof, whenever he deems it desirable. 10. Administer and implement all capital improvements and public works projects or other activity authorized by the Mayor and Council of the City of Athens. 11. The Chief Administrative Officer shall provide the Committees of Council with personnel necessary for technical advice and research. Section 3. Budget Control. The expenditures by the Chief Administrative Officer shall be confined to the budget approved by the Mayor and Council of the City of Athens. The budget shall include an emergency fund for the Chief Administrative Officer. The Chief Administrative Officer shall have the authority to disburse such funds for proper governmental purposes from the emergency special account not to exceed $5,000.00 in each instance, but must notify the Council by the next regular Council meeting of such action. When said budget is submitted by the Mayor to the Council, it shall immediately accept or reject the same after consideration. Should the Council reject the budget so submitted by the Mayor for the various departments and purposes, then the full Council shall immediately proceed to make up and adopt a budget for the various departments

Page 2786

and expenditures of the City themselves. The budget may be amended by the Council after its adoption. Section 2. Section 14 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 (Ga. L. 1872, p. 127), is hereby amended by striking therefrom, That the said mayor and council, or a majority of the council, shall have the power to elect a mayor pro tem..... and inserting in lieu thereof, The mayor pro tem shall be appointed by the mayor, subject to confirmation of a majority of council, or elected by the council alone, if the said council should fail to confirm two nominations therefor by the mayor, and by inserting following the word, who in the third line, the words, as mayor pro tem, so that section 14 of said Act, after amendment, shall read as follows: The mayor pro tem shall be appointed by the mayor, subject to confirmation of a majority of council, or elected by the council alone, if the said council should fail to confirm two nominations therefor by the mayor, who as mayor pro tem shall be clothed thereby with all the rights, privileges and duties of the mayor elect, when and during the sickness or absence of the mayor, upon taking the usual oath, and not otherwise; and if the mayor pro tem., as well as the mayor elected by the people, should both be unable from any cause to attend to their duties, the council shall elect another mayor pro tem., who shall thereby be clothed with all the rights, powers and duties of mayor of the city, upon taking the usual oath, and who shall serve only during the absence of the mayor. Section 3. Section 2 of an Act entitled An Act to amend an Act entitled, `An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof', approved August 24, 1872, and the several Acts amendatory thereof, so as to provide that the present term of office of the City Attorney of Athens shall continue until the last day of December, 1953; and so as to provide that thereafter the City Attorney of the City of Athens shall be elected by the Council of the City of Athens annually for a term of one year, approved December 12, 1953 (Ga. L. 1953, page 2487, No. 624, House Bill No. 774), is hereby amended by

Page 2787

striking from the second and third lines of said section the words, ..... the council....., and inserting in lieu thereof, the council, after nomination by the mayor or by the council alone, if such body should fail to confirm two nominations by the mayor, so that section 2 of said Act, after amendment, shall read as follows: After the expiration of the present term of office of the city attorney as above provided for, the council, after nomination by the mayor or the council alone, if such body should fail to confirm two nominations by the mayor, at the organizational meeting in January of each year shall elect a city attorney for the Mayor and Council of the City of Athens who shall serve for a term of one year, and until his successor shall be chosen and shall qualify; such term to begin on the 1st day of January and end on the 31st day of December, or as soon thereafter as his successor shall be chosen and shall qualify. Section 4. 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 City of Athens the question of whether the provisions of this Act shall become effective. The Mayor shall cause the date and purpose of the election to be published in a newspaper of general circulation within the municipality at least one time not less than thirty (30) days before the date of said election, such election to be held at the polling places for holding elections within the existing corporate limits of the City of Athens as prescribed by the Mayor and Council of the City of Athens. The persons entitled to vote in said election shall be the qualified voters of the City of Athens as appearing in the voter registration book kept by the Board of Registrars of Clarke County. It shall be the duty of the Chief County Registrar or person having charge of the County Voter Registration List for Clarke County (Ex Officio Registrars for the City) to prepare a voters list of those eligible to vote in said election and to furnish the same to the managers thereof. Except as otherwise provided,

Page 2788

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: () YES () NO For approval of the Act Revising the Administrative and Executive Functions and Responsibilities of the Government of the City of Athens. Against approval of the Act Revising the Administrative and Executive Functions and Responsibilities of the Government of the City of Athens. Referendum. 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 as of 1st day of January, 1976. 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 the 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 and it shall be the duty of such superintendent to canvass the results and declare and certify the result of the election to the Secretary of State as provided by law. 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. 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 2789

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. 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 1975 Session thereof for the passage of a local bill to amend the charter of The Mayor and Council of the City of Athens (Ga. Laws 1872, page 127), approved August 24, 1872, as amended, so as to define the duties and powers of the Mayor; to create the office of Chief Administrative Officer and to provide for the appointment, powers, duties and responsibilities thereof; to provide for the nomination and election of the Mayor Pro Tem; to provide for the appointment of a City Attorney and certain Committees of Council; to provide for a budget and methods of budgetary control; to provide an appeal hearing for department heads, officers, and employees not covered by the Personnel Board; to provide for all other matters material thereto; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 18th day of December, 1974. The Mayor and Council of the City of Athens. By: s/Julius F. Bishop Mayor Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared Robert W.

Page 2790

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 27, 1974, and January 3 and 10, 1975. /s/ Robert W. Chambers Certified, sworn to and subscribed before me, this 15th day of January, 1975. /s/ Frances O. Carter Notary Public, Clarke County, Georgia My Commission Expires Aug. 1, 1977. (Seal). Approved March 21, 1975. LIBERTY COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 103 (House Bill No. 651). An Act to amend an Act providing for the compensation of the Sheriff and 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 April 17, 1973 (Ga. L. 1973, p. 3201), 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 providing for the compensation of the Sheriff and Clerk of the Superior Court of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2340), as

Page 2791

amended, particularly by an Act approved February 27, 1970 (Ga. L. 1970, p. 2215), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3201), is hereby amended by striking from section 4 the following: $10,800.00, and inserting in lieu thereof the following: $13,500.00, so that when so amended section 4 shall read as follows: Section 4. The Sheriff of Liberty County shall be compensated in the amount of $13,500.00 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. Salary.

Page 2792

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 1975 Session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of the Sheriff of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2340), as amended, so as to change the compensation of the sheriff; and for other purposes. This 15th day of January, 1975. /s/ Donald H. Fraser Representative, 139th District 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 139th 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 23, 30, February 6, 1975. /s/ Donald H. Fraser Representative, 139th District

Page 2793

Sworn to and subscribed before me, this 12th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 21, 1975. BANKS COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY, ETC. No. 104 (House Bill No. 514). An Act to abolish the present mode of compensating the Judge of the Probate Court and Clerk of the Superior Court of Banks County, known as the fee system; to provide in lieu thereof the annual salary now or hereafter provided by general law for such officers; to provide that all fees, costs or other emoluments of said officers shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the employment of personnel; to provide for the payment of the operating expenses of said offices; 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. The present mode of compensating the Judge of the Probate Court and Clerk of the Superior Court of Banks County, known as the fee system, is hereby abolished, and in lieu thereof, said officers shall receive the annual salary now or hereafter provided by general law for such officers. Section 2. After the effective date of this Act, said officers shall diligently and faithfully undertake to collect all

Page 2794

fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed to them 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, said officers shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by each such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof for each such officer. Fees. Section 3. The Office of Judge of the Probate Court and Clerk of the Superior Court of Banks County shall have the authority to 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 number of employees and the compensation to be received by each employee in said office. It shall be within the sole power and authority of the Judge of the Probate Court and Clerk of the Superior Court, during their 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 their sole discretion. Personnel. Section 4. The necessary operating expenses of the office of the Judge of the Probate Court and Clerk of the Superior Court of Banks County, 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 officers, shall be furnished by the county and shall be paid from any funds of the county available

Page 2795

for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Banks 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. Public Announcement. It is our intent to introduce legislation in January, 1975, so as to change the Clerk of Court and Ordinary of Banks County, State of Georgia, from a fee salary system to a salary system, this having been recommended by at least two Grand Jury Presentments and the Board of Commissioners of Banks County. The legislation will also include adjustments in other salaries of county officials. Jack Irvin and Lauren McDonald, Jr. 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 Banks County Journal which is the official organ of Banks County, on the following dates: January 8, 15, 22, 1975. /s/ Jack Irvin Representative, 10th District

Page 2796

Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 25, 1975. JONES COUNTYJUDGE OF PROBATE COURT PLACED ON SALARY. No. 107 (House Bill No. 664). An Act to abolish the present mode of compensating the Judge of the Probate Court of Jones 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 Judge of the Probate Court of Jones 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 Judge of the Probate Court shall receive an annual salary equal to the minimum compensation authorized by an Act providing minimum salaries for Judges of the Probate Courts, approved March 21, 1974 (Ga. L. 1974, p. 455), as the same is now or hereafter amended, payable in equal monthly installments from county funds. Salary.

Page 2797

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 Judge of the Probate 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. Fees. Section 4. The Judge of the Probate Court shall have the authority to appoint one clerk who shall be compensated in the amount of $400 per month payable in equal weekly installments. It shall be within the sole power and authority of the Judge of the Probate Court, during his term of office, to designate and name the person or persons who shall be employed as the clerk, and to prescribe the duties and assignments of such clerk, and to remove or replace such clerk at will and within his sole discretion. Personnel. Section 5. The necessary operating expenses of the Judge of the Probate 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, telephones, utilities, uniforms 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 Judge of the Probate Court and the governing authority of Jones County. Expenses.

Page 2798

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 regular 1975 session of the General Assembly of Georgia a bill to place the Judge of the Probate Court of Jones County on an annual salary in lieu of the fee system of compensation; to provide for a clerk; and for other purposes. This 20th day of January, 1975. Benson Ham Representative, 80th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Benson Ham who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County, on the following dates: January 23, 30, and February 6, 1975. /s/ Benson Ham Representative, 80th District

Page 2799

Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 25, 1975. CITY OF MACONCHARTER AMENDEDELECTION OF ALDERMEN FROM DISTRICTS PROVIDED, ETC. No. 112 (House Bill No. 1024). An Act to amend an Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts, approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 2180), an Act approved March 21, 1968 (Ga. L. 1968, p. 2795), and an Act approved February 21, 1974 (Ga. L. 1974, p. 2051), so as to provide for the election of aldermen from districts; to designate the boundaries of such election districts; to require equal representation for such districts; to provide for selection of a president of the council and a president pro tempore of the council; to provide for requirements of residency; to provide for appointments of aldermen to committees; to repeal a specific Section of a specific amendatory Act relating to power to prescribe ward limits; to provide for legislative intent; to provide for other matters relevant thereto; 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 to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914,

Page 2800

with certain changes in said Acts, approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, particularly by an Act approved March 17, 1967 (Ga. L. 1967, p. 2180), an Act approved March 21, 1968 (Ga. L. 1968, p. 2795), and an Act approved February 21, 1974 (Ga. L. 1974, p. 2051), is hereby amended by striking section 4 thereof in its entirety and substituting a new section 4, to read as follows: Section 4. Election of aldermen from districts; power to prescribe number of aldermen. (a) The aldermen of the City of Macon shall be elected from five election districts as such districts are provided for in subsection (b). (b) The limits of the several election districts for the City of Macon shall be as established from time to time by the council; provided, that such election districts shall be drawn in such a manner as to contain approximately the same population so as to insure proportionate representation; and provided further, that should the council fail to initially establish the limits of such election districts prior to June 15, 1975, or should an objection be interposed to the districts initially established by the council pursuant to the authority of Section 5 of the Voting Rights Act of 1965, 42 USC 1973c. and such objections are not satisfied and such election districts are not approved prior to June 15, 1975, then the several election districts of the City of Macon shall be as defined in subsection (c). (c) Except as otherwise provided in subsection (b), the several election districts for the City of Macon shall include all territory lying within the following described tracts: District 1. Bibb Macon CCD 20 Tract 102 ED's 63 and 64

Page 2801

Tract 110 Except ED 164 Tracts 111 and 112 Tract 113 Except ED 182 Tract 117 Except ED 163 Tract 119 Tract 133 ED 16 Jones Gray-Griswold CCD 7 Tract 301 ED 7 ED 13 that portion within the corporate limits of Macon. District 2. Bibb Macon CCD 20 Tract 126 ED's 148, 149 and 150 Tracts 128 Except Blocks 101, 105, 110, 111 and 112 Tract 129 Tract 130 ED's 140 and 141 Tract 131 ED's 155, 156, 157, 158, 159 and 160 Tract 132 ED's 151, 152, 153A, 153B and 154. District 3. Bibb Macon CCD 20 Tract 101 Tract 102 ED 65 Tract 103

Page 2802

ED's 99, 100 and 101 Tract 104 ED's 105 and 106 Tracts 105, 106, 107, 108, 109 and 114 Tract 115 Blocks 315 through 322 Tract 116 ED 46. District 4. Bibb Macon CCD 20 Tract 104 ED's 107, 108, 109 and 110 Tract 115 Except Blocks 315 through 322 Tract 116 ED's 47, 48, 49 and 50 Tract 123 ED's 97 and 98 Tract 125 ED's 102, 103 and 104 Tract 126 ED's 145, 146 and 147 Tract 127 Tract 128 Blocks 101, 105, 110, 111 and 112 District 5. Bibb Macon CCD 20 Tract 118 Tract 120 Except ED 165 Tract 121 ED's 80, 81, 82, 83, 84, 85 and that portion of ED 167 incorporated into the city limits of Macon. Tract 122 ED's 87, 88 and 89 Tract 123

Page 2803

ED's 94, 95 and 96 Tract 124 ED's 90, 91, 92 and 93 Tract 134 ED 86. (d) Each election district shall be represented by three aldermen, each of whom shall reside in the election district he represents. Two aldermen from each election district shall be elected by the qualified electors of the City of Macon residing in the election district. One alderman from each election district shall be elected by the qualified electors of the City of Macon. (e) Each election district shall be composed of three posts, two of which shall be designated as posts to be filled by the qualified electors living within the election district and one of which shall be filled by the qualified electors of the City of Macon. At the time for qualifying each candidate shall designate the post to which he seeks election. Section 2. Said Act is further amended by striking section 4A in its entirety, and substituting in lieu thereof a new section 4A, to read as follows: Section 4A. (a) The legislative power of the City of Macon shall be vested in the council. Council. (b) The council shall select a president of the council from the five aldermen elected at large by the qualified electors of the City of Macon. In the event that a vacancy shall occur in the office of Mayor of the City of Macon, the president of the council shall succeed to the office of mayor until the next general election as set forth by the laws of the State of Georgia and there shall be no special election called to fill the vacancy. The president of the council shall preside at all meetings of the council, and he shall have all the rights, privileges and responsibilities of the other members of the council, including but not limited to the right to vote. The president of the council may be removed before the expiration of his term by a vote of two-thirds of the council.

Page 2804

(c) The council shall likewise select a president pro tempore of the council from the five aldermen elected at large by the qualified voters of the City of Macon who, in the event the president of the council succeeds to the office of mayor, shall have the same powers as hereinbefore provided. He shall preside as president of the council while the original president of the council is unable to serve for any reason or is serving as mayor. The president pro tempore may be removed before the expiration of his term by a vote of two-thirds of the council. (d) The president and president pro tempore of the council may receive a compensation in addition to that provided for aldermen, to be determined within the discretion of the council. (e) All appointments of aldermen to the committees of the council shall be made by a majority vote of a committee on committees consisting of the mayor, the president of the council and the president pro tempore of the council. Section 3. Said Act is further amended by adding a new section after section 4A, to be designated Section 4B, to read as follows: Section 4B. Any other provisions of this charter to the contrary notwithstanding, each alderman elected in the municipal election held in November, 1975, shall be required to have resided in the election district he represents only on the day of his qualification and thereafter during his term of office. At each municipal election held thereafter the aldermen shall meet such requirements of residency as may otherwise be provided for by law. Residency. Section 4. The first aldermen elected under the provisions of this Act shall be elected in the municipal election held in November, 1975. All aldermen in office on the effective date of this Act shall continue in office until the second Tuesday in December, 1975, and until their successors are elected and qualified.

Page 2805

Section 5. Section 1 of an Act to amend an Act entitled An Act to reenact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts, approved March 17, 1967 (Ga. L. 1967, p. 2180), is hereby repealed in its entirety. Repealer. Section 6. In the event an objection to the apportionment of the City of Macon, as set forth in subsection (c) of section 4 of the Charter of the City of Macon as such section is amended by this Act, is interposed pursuant to the authority of section 5 of the Voting Rights Act of 1965, 42 USC 1973c., then this Act shall be automatically repealed and shall be null, void and of no force and effect, and the provisions of the charter of the City of Macon, as such provisions existed prior to the enactment of this amendment, shall control the designation of wards, numbers of aldermen and other matters provided for in this Act relative to the City of Macon. Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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. Notice of Intention is hereby given that a bill will be introduced at the 1975 regular session of the General Assembly of Georgia so as to make certain changes in the law

Page 2806

relating to the election of City Alderman and election districts in the City of Macon. William C. Randall Representative, District 101 David E. Lucas Representative, District 102 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Randall 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 according to law in the Macon News which is the official organ of Bibb County. /s/ William C. Randall Representative, 101st District Sworn to and subscribed before me, this 27th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved March 25, 1975. CERTAIN COUNTIESCERTAIN ALCOHOLIC BEVERAGES AUTHORIZED TO BE CONSUMED ON THE PREMISES, ETC. (145,000 - 165,000). No. 113 (House Bill No. 1121). An Act to provide that in all counties of this State having a population of not less than 145,000 nor more than 165,000,

Page 2807

according to the United States Decennial Census of 1970, or any future such census and in all municipalities located therein, wherein the sale of alcoholic beverages, distilled spirits, malt beverages or 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 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, wherein the sale of alcoholic beverages, distilled spirits, malt beverages or wines is lawfully authorized, the governing authority of such county and the governing authorities of all municipalities located therein may authorize the sale of such intoxicating beverages for consumption on the premises at any time from 11:55 p.m. on Saturdays and the two 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 and parts of laws in conflict with this Act are hereby repealed. Approved March 25, 1975. MIDDLE GEORGIA COLISEUM AUTHORITY ACT AMENDEDREVENUE BONDS INCREASED, ETC. No. 114 (House Bill No. 1198). An Act to amend an Act creating the Middle Georgia Coliseum Authority, approved March 15, 1963 (Ga. L. 1963,

Page 2808

p. 2250), so as to increase the amount of revenue bonds which the Authority is empowered to issue; to authorize political subdivisions contracting with the Authority to convey public property to the Authority; 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 the Middle Georgia Coliseum Authority, approved March 15, 1963 (Ga. L. 1963, p. 2250), is hereby amended by striking from subsection (7) of section 5 the following: $4,500,000.00, and substituting in lieu thereof the following: $8,000,000.00, so that when so amended, subsection (7) shall read as follows: (7) To issue revenue bonds not to exceed an aggregate principal amount of $8,000,000.00 during the life of the Authority to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, addition to, or extension of such project. All revenue bonds issued pursuant to the provisions of this Act shall be fully negotiable instruments and shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of Georgia. Bonds. Section 2. Said Act is further amended by adding at the end of section 5 a new section 5A to read as follows: Section 5A. Any political subdivision of this State, by proper resolution of its governing body, shall be authorized to convey to said Authority public property owned by such political subdivision in consideration of the use of the Authority's organization and method of financing and funding and in consideration of the undertaking of the Authority to

Page 2809

issue its revenue bonds for the purpose of providing funds which shall be used by the Authority for constructing, reconstructing, altering, repairing, adding to, extending, or improving on such property such projects and facilities as said Authority is authorized and empowered to undertake by virtue of the provisions of said Act, as amended; provided, however, that said Authority shall not have the power to alienate or encumber its title to any such property so conveyed, except that the Authority shall have the power to reconvey such property to such political subdivision upon retirement of the bonds issued for the purpose of financing the improvements to be constructed or made on such property. Property. Section 3. Said Act is further amended by striking from section 11 the following: $4,500,000.00, and substituting in lieu thereof the following: $8,000,000.00, and by adding at the end thereof the following sentence: The authority granted for the issuance of negotiable revenue bonds by this section is cumulative only and shall not be construed to abridge the rights of the Authority as otherwise provided in this Act, and specifically shall not abridge the power of said Authority to borrow money and issue notes as distinguished from revenue bonds as provided in section 5(4) of this Act and as otherwise provided by law., so that when so amended, section 11 shall read as follows: Section 11. The Authority 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 paying all or any part of the cost of any one or combination of its projects not to exceed an aggregate principal

Page 2810

amount of $8,000,000.00 during the life of the Authority. The principal and interest of such revenue bonds shall be payable solely from and may be secured by a pledge of rents, fees, charges, and other revenues of all or any part of the project or projects financed in whole or in part with the proceeds of such bonds or with the proceeds of bonds called and refunded or to be called and refunded by such issue. The bonds of each issue shall be dated, shall bear interest, shall mature, shall be payable as to both principal and interest as may be determined by the authority within the terms of the Revenue Bond Law of Georgia (Ga. L. 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8, and the bonds 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 its resolution providing for the issuance of the bonds. The authority granted for the issuance of negotiable revenue bonds by this section is cumulative only and shall not be construed to abridge the rights of the Authority as otherwise provided in this Act, and specifically shall not abridge the power of said Authority to borrow money and issue notes as distinguished from revenue bonds as provided in section 5(4) of this Act and as otherwise provided by law. Bonds. Section 4. Upon the issuance of the additional revenue bonds authorized by the provisions of this Act, no further revenue bonds shall be issued by the Authority unless specific authority therefor shall be provided by the General Assembly. Section 5. 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

Page 2811

or parts hereof would be declared or adjudged invalid or unconstitutional. Severability. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the January 1975 Session of the General Assembly of Georgia for the passage of the following local legislation: (a) A bill to amend the Middle Georgia Coliseum Authority Act as the same appears in Ga. L. 1963 Session, p. 2250 through 2267 inclusive, so as to provide additional flexibility to said Authority for the financing of projects authorized by said Act of the Legislature and, in particular, to provide for the issuance of revenue bonds in excess of the aggregate principal amount of $4,500,000 during the life of the Authority, said $4,500,000 now being the monetary limitation for the issuance of revenue bonds for Authority projects as set forth in section 11 of said Act; and (b) Such other legislation as may be germane or pertinent to the general subject matter referred to in Subsection (a) above, including one or more bills or amendments thereto. This notice is given in compliance with Article III, Section VII, Paragraph XV (Ga. Code Ann. section 2-1915) of the Constitution of Georgia of 1945. This 20th day of January, 1975. Buckner F. Melton Attorney for Middle Georgia Coliseum Authority. Georgia, Bibb County. Personally appeared before me, a notary public within and for above state and county, Sandy Cochran, who deposes

Page 2812

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: 1/23, 1/30, 2/06. /s/ Sandy Cochran Sworn to and subscribed before me, this 6th day of February, 1975. /s/ Lolita N. Shockley Notary Public, Bibb County, Georgia My Commission Expires 1-6-76. (Seal). Approved March 25, 1975. FULTON COUNTYCRIMINAL COURTSOLICITORS SALARIES FIXED. No. 117 (Senate Bill No. 215). An Act to fix the salary of the First Assistant Solicitor, the Assistant Solicitors and the Special Assistant to the Solicitor General of the Criminal Court of Fulton County; to provide the procedures connected therewith; to provide 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 any law to the contrary, the annual compensation of the First Assistant Solicitor of the Criminal Court of Fulton County for his services as such shall be $24,000.00 per annum. Section 2. Notwithstanding any other provisions of law to the contrary, the annual compensation of the Assistant Solicitors and the Special Assistant to the Solicitor General

Page 2813

of the Criminal Court of Fulton County shall be not less than $14,000.00 per annum and not more than $23,000.00 per annum, the amounts of such salaries between such limitations to be fixed by the Solicitor General of the Criminal Court of Fulton County. Section 3. The salaries provided for in sections 1 and 2 of this Act for said First Assistant Solicitor, the Assistant Solicitors and the Special Assistant to the Solicitor General 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 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. Notice of Intention to Apply for Local Legislation. Pursuant to the provisions of Article III, Section 7, Paragraph XV of the Constitution of Georgia of 1945, notice is hereby given of intention to apply at the regular session of the General Assembly of Georgia, which will convene on the 13th day of January 1975, for local legislation affecting the Criminal Court of Fulton County for the following purposes: (1) To increase the number of jurors to serve in said court from five to six, to be selected from a panel of twelve prospective jurors. (2) To amend and change the procedure for filing demands for trials by defendants in said court. (3) To increase the maximum salaries of the First Assistant Solicitor and the Assistant Solicitors of said court. (4) To consolidate and merge the said Criminal Court of Fulton with the Civil Court of Fulton County under the name of The State Court of Fulton County. (5) For other purposes affecting

Page 2814

the criminal Court of Fulton County, (6) To repeal conflicting laws. This, the 13th day of December, 1974. 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 16, 23, 30 days of December, 1974 as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 16th day of January, 1975. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large My Commission Expires Oct. 15, 1975. (Seal). Approved March 25, 1975. FANNIN COUNTYDUTIES OF BOARD OF COMMISSIONERS CHANGED, ETC. No. 122 (House Bill No. 1134). An Act to amend an Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved

Page 2815

August 10, 1920 (Ga. L. 1920, p. 519), as amended by an Act approved March 30, 1937 (Ga. L. 1937, p. 1327), an Act approved March 8, 1937 (Ga. L. 1937, p. 1329), an Act approved March 24, 1939 (Ga. L. 1939, p. 562), an Act approved March 24, 1947 (Ga. L. 1947, p. 966), an Act approved February 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2232), an Act approved March 21, 1958 (Ga. L. 1958, p. 2850), an Act approved February 16, 1962 (Ga. L. 1962, p. 2149), an Act approved April 10, 1968 (Ga. L. 1968, p. 3484), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2641), so as to change the provisions relative to the powers and duties of the Board of Commissioners of Fannin County; to completely revise said Act and provide for the government of Fannin County by the Board of Commissioners thereof; to provide for certain penalties in connection with the foregoing; to provide for other matters relative to the foregoing; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Revenues of Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended by an Act approved March 30, 1937 (Ga. L. 1937, p. 1327), an Act approved March 8, 1937 (Ga. L. 1937, p. 1329), an Act approved March 24, 1939 (Ga. L. 1939, p. 562), an Act approved March 24, 1947 (Ga. L. 1947, p. 966), an Act approved February 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2232), an Act approved March 21, 1958 (Ga. L. 1958, p. 2850), an Act approved February 16, 1962 (Ga. L. 1962, p. 2149), an Act approved April 10, 1968 (Ga. L. 1968, p. 3484), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2641), is hereby amended by striking subsection (c) of section 2 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: (c) In the event a vacancy occurs in the Chairmanship or other member of said Board when more than six months remain before the expiration of the term of office, it shall be the duty of the Judge of the Probate Court of Fannin County, within 15 days after such vacancy occurs, to issue

Page 2816

the call for a special election for the purpose of filling such vacancy for the unexpired term. Any such special election shall be governed by the provisions of Code Title 34, known as the `Georgia Election Code', as now or hereafter amended, providing for the holding and conducting of special elections. In the event a vacancy occurs in the Chairmanship or other member of said Board when six months or less remain before the expiration of the term of office, such vacancy shall not be filled, and the remaining members of the Board of Commissioners shall constitute the governing authority of Fannin County until a successor is elected at the next general election. In the event such vacancy is in the Chairmanship of the Board, then such remaining members shall be authorized to exercise the powers of the Chairman as well as the powers of the Board of Commissioners. In the event all positions on the Board of Commissioners become vacant for any reason, the Judge of the Probate Court of Fannin County shall serve as the governing authority of Fannin County until such vacancies are filled by special election or until new members are elected at the general election as provided herein. Vacancy. Section 2. Said Act is further amended by striking sections 3 through 10 in their entirety and substituting in lieu thereof new sections 3 through 20 to read as follows: Section 3. Restrictions on Qualifying for Other Office. Neither the Chairman nor any Commissioner shall be qualified to offer for election to any position on the Board other than the one in which he is serving without first resigning from the position in which he at that time is serving. Section 4. 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 expired. The petition for any such recall election must be signed by not less than 35% of the qualified registered voters of said County and shall be filed in the office of the Judge of the Probate Court of said County. No such petition shall be filed with said Judge of the Probate Court, however, unless there is attached thereto a certificate executed by the registrar or deputy registrar having charge of

Page 2817

voters' registration cards in Fannin 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 35% of such voters. 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 said Judge of the Probate Court, it shall be his duty to call an election to be held not less than 30 nor more than 40 days from the date of filing 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 on the question of the recall of such officer. Said Judge of the Probate Court 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, if required to be filled pursuant to subsection (c) of section 2 of this Act, shall be filled in the same manner as provided by said subsection 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 5. Oath and Bond. Before entering upon the discharge of their duties, the Chairman and other Commissioners shall subscribe an oath before the Judge of the Probate Court of said County for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the Chairman shall further give a satisfactory surety bond to be judged by said Judge of the Probate Court of the County

Page 2818

and payable to the Judge of the Probate Court or his successor in office and filed in the office of the Judge of the Probate Court, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each Commissioner shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid from the funds of Fannin County. Section 6. Compensation. (a) Commissioners, other than the Chairman, shall be paid as their entire compensation for services as same, the sum of $1,200.00 per annum, payable monthly, from the funds of Fannin County. The Chairman shall receive as his entire compensation for services as same the sum of $12,500.00 per annum, payable monthly, from the funds of Fannin County. Except as otherwise provided by subsection (b) hereof, the salary so fixed shall constitute the entire compensation from the funds of Fannin County to which said Chairman or any other Commissioner shall be entitled. The Chairman and other Commissioners shall not be entitled to any further compensation for serving on any other public boards or public authorities by virtue of their office. (b) The Board of Commissioners shall be authorized to provide the Chairman with a County-owned automobile which the Chairman may use in carrying out his official duties, and County funds may be expended for the operation and maintenance of said automobile. The Board of Commissioners may provide by ordinance or resolution for the reimbursement from County funds of actual and necessary expenses incurred by the Chairman and other Commissioners in carrying out their official duties. Section 7. 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 two Commissioners, provided all members of the Commission shall have been notified at least one day in advance of such special meeting. No official action shall be taken by the

Page 2819

Commission except in a meeting which is open to the public. Any two Commissioners or the Chairman and any one Commissioner shall constitute a quorum for the transaction of business, but no official action shall be taken except upon the affirmative vote of at least two Commissioners or at least one Commissioner and the Chairman, unless unfilled vacancies exist under subsection (c) of section 2 of this Act, in which event the remaining Commissioners shall be authorized to establish a quorum and take official action. The Chairman shall be entitled to the same voting rights as other Commissioners on questions considered by the Commission. Section 8. The Chairman. The Chairman shall be the chief executive officer of the County government, and shall generally supervise, direct and control the administration or the affairs of the County pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the Commission in regard to matters reserved to the exclusive jurisdiction of the Commission. The Chairman shall preside over meetings of the Commission. Consistent with the provisions of section 9 of this Act, the Chairman shall establish rules and regulate purchasing services for all County departments, offices and agencies. He shall be further authorized to make purchases for the County in amounts not exceeding $500.00. The limitation of $500.00 provided for herein shall apply to the sales price of the goods or services purchased, and the Chairman shall not use any purchasing device, technique or method which would result in an aggregate cost exceeding the said $500.00 limitation. Section 9. The Commission. (a) The Commission shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the Commission minutes, shall be conclusive and binding on the Chairman. The policies, rules and regulations so adopted by the Commission shall be carried out, executed and enforced by the Chairman as chief executive officer of the County, and the

Page 2820

Commission shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said Chairman which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the Commission shall be null, void and of no effect. (b) The following powers are hereby vested in the Commission and reserved to its exclusive jurisdiction: (1) To levy taxes. (2) To make appropriations. (3) To fix the rates of all other charges. (4) To authorize the incurring of indebtedness. (5) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment. (6) To authorize contracts, except purchases otherwise provided for herein, involving the expenditure of County funds. (7) To establish, alter or abolish public roads, private ways, bridges and ferries, according to law; provided, however, that the Chairman shall have the authority to accept subdivision plats when the requirements established by the Commission for subdivisions have been met. (8) To establish, abolish, or change election precincts and militia districts according to law. (9) To allow the insolvent lists for the County. (10) To accept, for the County, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the County, or by the Commissioner or Board of Commissioners of the County.

Page 2821

(11) To exercise all powers, duty and authority heretofore imposed upon or vested in the Board of Commissioners of Fannin County in respect to zoning and planning. (12) To create and change the boundaries of special taxing districts authorized by law. (13) To fix the bonds of County officers where same are not fixed by statute. (14) To enact any ordinances or other legislation the County may be given authority to enact. (15) To determine the priority of capital improvements. (16) To call elections for the voting of bonds. (17) To exercise all of the power and authority heretofore vested by law in the Board of Commissioners of Fannin County, together with the power and authority which may hereafter be delegated by law to the governing authority of the County, by whatever name designated, except such authority or power given to the Chairman by the provisions of this Act. (18) To make purchases of not less than $500.00 nor more than $2,500.00 which, in the discretion of its members, are deemed necessary for the operation of the County. (19) To make purchases in amounts over $2,500.00, provided, however, that for any purchases in such amounts, advertisements for bids shall be first published for two consecutive weeks in the official organ of Fannin County. Formal, sealed bids, after said advertising has been published, must be obtained on all purchases of $2,500.00 or more. Advertisement and the obtaining of formal sealed bids may be dispensed with when, in the discretion of the Commission, an emergency exists which will not permit a delay. Section 10. Disposition of County Property. It shall be unlawful for the Chairman or Board of Commissioners of Fannin County to sell any County property, real or personal,

Page 2822

which may lawfully be sold, except by competitive sealed bids, after advertisement for such bids in the official organ of Fannin County once a week for the two consecutive weeks immediately preceding the date on which such bids must be submitted. Such advertisements shall give a complete description of the property being offered for sale. Such advertisements shall be given to the official organ by the Chairman of the Board of Commissioners, and the cost thereof shall be paid for from the funds of Fannin County. The highest of such bids submitted must be accepted, unless all bids are rejected and the property is removed from sale or is readvertised for competitive bidding in the manner provided for herein. A file of all bids received shall be retained for a period of two years by the Clerk of the Board of Commissioners and shall be open to public inspection at any time within such two-year period. Section 11. Reports of Officers. The Commission shall be empowered to require all County officers to make reports on the general or specific conduct of the financial affairs of their respective offices. Section 12. Appointment of County Officials and Employees. Subject to the qualifications and limitations provided for in this Act, the Chairman shall have the exclusive power and authority to appoint, remove and fix the compensation of, within budgetary provisions and in accordance with the requirements of any civil service system or merit system which may now or hereafter be established by the Board of Commissioners of Fannin County, all employees and officials of the County, except as to: (a) boards or positions created by State statute, and (b) elected officers and employees under their supervision and control. Section 13. Appointment to Statutory Positions. The appointment and removal of, and the compensation to be paid to persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the Chairman, subject to the approval of the compensation therefor by the Commission, within budgetary provisions.

Page 2823

Section 14. Internal Organization. The Board of Commissioners shall be authorized by ordinance or resolution to provide for the internal organization of the County government and, in connection therewith, may create such departments and agencies as the Board may determine to be necessary or desirable to efficiently and effectively manage the affairs of the County government. Section 15. Clerk; Records; Minutes. The Board of Commissioners shall elect a Clerk of the Board of Commissioners and Chairman. Said Clerk shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the Commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceedings of the Chairman. The minute books of the Chairman and Commission 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 Commission in an amount sufficient to defray the cost of preparing same. Section 16. Budget and Appropriations. (a) Unless changed pursuant to the provisions of subsection (b) of this section, the fiscal year of Fannin County shall be the same as the calendar year. The Chairman shall submit annually to the Commission, not later than September 1, of each year, beginning with calendar year 1975, a proposed budget governing expenditures of all County funds, including capital outlay and public works projects, for the following year. The Commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten days in advance by publication of such notice and of the proposed budget in the official organ of Fannin County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the Commission at the first regular meeting in December following the submission of such budget to the Commission, which budget, when so adopted or amended by the Commission, shall constitute the Commission's appropriation of all funds for the following

Page 2824

year. The budget so adopted may be revised during the year to which it applies only by formal action of the Commission 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 Chairman shall be accompanied by a report containing information and data relating to the financial affairs of the County pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the Chairman to the grand jury of the Superior Court of Fannin County within ten days from the time such budget or amendment thereof is adopted by the Commission. (b) The Board of Commissioners, by appropriate resolution adopted by the Board, may change the fiscal year established by subsection (a) hereof and, in connection therewith, may change the dates for the submission, consideration and adoption of the County budget, but except for such fiscal year and dates, the Board of Commissioners shall be bound by the procedures provided by this Act controlling the expenditure of County funds. (c) The Board of Commissioners of Fannin County shall be authorized to provide for the financing of the government of Fannin County, until the first County budget is adopted pursuant to the provisions of this Act, in such manner and pursuant to such requirements, consistent with the laws and Constitution of this State, as said Board of Commissioners shall determine. Section 17. Expenditures by Allotments. All expenditures of County funds shall be made in accordance with the County budget, or amendments thereto, adopted by the Commission, except as otherwise provided by subsection (c) of section 16 of this Act. The Chairman shall enforce compliance with this provision by all departments or agencies of County government, including elected County officers, and to this end shall institute a system of quarterly allotments of all monies appropriated and budgeted. It is specifically provided, however, that to the extent that the expenditure of County funds is controlled by a local Act relative to

Page 2825

any elective County officer or elective County officers, other than the Chairman and members of the Board of Commissioners of Fannin County, the County budgets adopted and the expenditure of County funds pursuant to this Act shall be in conformity with the provisions of such local Acts. Section 18. Audits. (a) The Commission shall 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 each fiscal year, pointing out any irregularities found to exist, and reporting the results of such audit to the Commission at least semiannually. Each semiannual and annual report submitted to the Commission shall be made available for public inspection as other records of the Commission. Said accountant shall transmit to the grand jury of the Superior Court of Fannin County a copy of each semiannual and annual report furnished by him to the Commission. (b) The Board of Commissioners shall have published in the official organ of Fannin County once during each calendar quarter a full and complete itemized statement of the County finances. The cost of such publication shall be paid from County funds. Section 19. Agreement of Candidates. It shall be unlawful for any candidate, either for the office of Chairman or Commissioner, or for nomination to either of such offices, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of the Chairman or Commission, and any person so offending shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed by law. Section 20. Officials Not to be Interested in Contracts. Neither the Chairman nor any member of the Commission nor 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

Page 2826

interested, directly or indirectly, in any contract to which the County is a party, either as principal, surety or otherwise; nor 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 contracts 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 section 23-1714 of the Code of Georgia of 1933, as now or hereafter amended. 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. 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 1975 session of the General Assembly of Georgia, a bill to amend an Act creating the office of commissioner of

Page 2827

Fannin County, approved August 10, 1920 (Ga. L. 1920, p. 519), as amended; and for other purposes. This 14th day of January, 1975. Rep. Carlton Colwell Rep. Ralph Twiggs 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 Blue Ridge Summit Post which is the official organ of Fannin County, on the following dates: January 16, 23, 30, 1975. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me this 4th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved March 31, 1975. CLAYTON COUNTYDISPOSITION OF PUBLIC PROPERTY PROVIDED, ETC. No. 125 (House Bill 612). An Act to amend an Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended by an Act approved March 6,

Page 2828

1956 (Ga. L. 1956, p. 3072), an Act approved March 25, 1958 (Ga. L. 1958, p. 3118), an Act approved March 7, 1960 (Ga. L. 1960, p. 2268), an Act approved March 11, 1963 (Ga. L. 1963, p. 2148), an Act approved March 4, 1964 (Ga. L. 1964, p. 2384), an Act approved March 2, 1966 (Ga. L. 1966, p. 2723), an Act approved March 4, 1966 (Ga. L. 1966, p. 3138), an Act approved April 13, 1967 (Ga. L. 1967, p. 3058), an Act approved April 10, 1968 (Ga. L. 1968, p. 3501), an Act approved April 23, 1969 (Ga. L. 1969, p. 3096), an Act approved April 5, 1971 (Ga. L. 1971, p. 3208), an Act approved March 27, 1972 (Ga. L. 1972, p. 2563), an Act approved February 26, 1973 (Ga. L. 1973, p. 2005) and an Act approved March 25, 1974 (Ga. L. 1974, p. 3308), so as to provide for the disposition of public property; to provide for allocation of funds for the promotion and advertisement of Clayton County; to provide for posting of rewards in certain criminal cases; to provide for expenditure of funds for investigative purposes in felony cases; to provide for expenditure of funds for maximum purchases where bids are not received; 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 the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 3072), an Act approved March 25, 1958 (Ga. L. 1958, p. 3118), an Act approved March 7, 1960 (Ga. L. 1960, p. 2268), an Act approved March 11, 1963 (Ga. L. 1963, p. 2148), an Act approved March 4, 1964 (Ga. L. 1964, p. 2384), an Act approved March 2, 1966 (Ga. L. 1966, p. 2723), an Act approved March 4, 1966 (Ga. L. 1966, p. 3138), an Act approved April 13, 1967 (Ga. L. 1967, p. 3058), an Act approved April 10, 1968 (Ga. L. 1968, p. 3501), an Act approved April 23, 1969 (Ga. L. 1969, p. 3096), an Act approved April 5, 1971 (Ga. L. 1971, p. 3208), an Act approved March 27, 1972 (Ga. L. 1972, p. 2563), an Act approved February 26, 1973 (Ga. L. 1973, p. 2005) and an Act approved March 25, 1974 (Ga. L. 1974, p. 3308), is hereby

Page 2829

amended by striking section 13 in its entirety and substituting 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 five thousand dollars ($5,000.00) 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. Provided, however, that on purchases less than the sum of five thousand dollars ($5,000.00), advertisement in the official organ is not required but a minimum of two quotations shall be necessary prior to such purchases being made by the purchasing agent. If the purchase price exceeds five thousand dollars ($5,000.00), the purchase may be made by the purchasing agent only if the prospective purchase has been advertised in the official county newspaper and approved by the Board of Commissioners; provided, however, that purchases are authorized without formal sealed bids and legal notice from any vendor who at the time of purchase has an existing contract or schedule with the State of Georgia or the Federal Government and the purchase is made pursuant to the prices, terms, and conditions of said contract, allowing the County all of the benefits of such contract. It shall be unlawful for any member of the Board, purchasing 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

Page 2830

and, upon conviction thereof, shall be punished as for a misdemeanor, and such person's place shall immediately be declared vacant. Penalties. Section 2. Said Act is further amended by striking section 17 in its entirety and substituting in lieu thereof a new section 17, to read as follows: Section 17. At the beginning of each new year and before any money is borrowed for the current operation of the County, a tentative budget shall be adopted, based on requests from the various departments of the County and the anticipated revenue for such current year. After the permanent budget has been adopted, no warrants shall issue or become a legal charge against the County in excess of the anticipated revenue unless approved by the Grand Jury in office at the time of the warrant's issue. The Board may budget thirty percent (30%) of the fees collected for business licenses up to a maximum of thirty thousand dollars ($30,000.00), and such funds may be expended by the Board for the purpose of advertising Clayton County. The Board is empowered to contract with firms or organizations to carry out this function of County government. Budget. Section 3. Said Act is further amended by adding immediately following section 17 a new section, to be designated section 17A, to read as follows: Section 17A. The Board of Commissioners is hereby authorized and empowered to post rewards in criminal cases where deemed necessary for the safety of the public, and said reward shall not exceed the sum of two thousand dollars ($2,000.00) in any one case and is further authorized to provide the funds for investigative purposes in felony cases and said funds, as provided for in this section, shall be expended from the nonappropriated funds of Clayton County derived from sources other than ad valorem taxation. Rewards authorized. Section 4. Said Act is further amended by striking section 18 in its entirety and substituting in lieu thereof a new section 18, to read as follows:

Page 2831

Section 18. No property belonging to Clayton County shall be sold, transferred or conveyed without due consideration by the Board of Commissioners for value received by Clayton County from said sale, transfer or conveyance. The Board of Commissioners is authorized to sell, transfer and convey property to the United States, State of Georgia or their agencies or authorities, only after a public hearing and a determination by a majority of the members of the Board of Commissioners that it is in the best interest of Clayton County that said sale, transfer or conveyance be made and upon the adoption of a proper resolution. Property sold, transferred or conveyed to other legal entities shall be made only at public sale, after advertising the time and place of such sale, naming the property to be sold, and advertising for two weeks in the official organ of Clayton County. Notwithstanding what has been said above, the Board of Commissioners shall have the power to make the disposition of discontinued rights-of-way which have been required and are not needed for road improvements by private negotiations with the adjacent property owners for the purpose of sale or exchange for lands that are needed for right-of-way; however, if such negotiation should not result in a satisfactory conclusion to the Board of Commissioners, said right-of-way may be sold at public sale after advertising the time and place of said sale and the property to be sold to the highest bidder. Sale of property. Section 5. If any part of this Act is declared unconstitutional, the remainder shall remain in full force and effect. Severability. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the next regular 1975 session of the General Assembly an Act to amend an Act of 1955, and as amended several times, and more particularly Ga. L. 1963, page 2151; Ga. L. 1971, page 2917; Ga. L. 1972, page, 3366; Ga. L. 1971, page 3217; and other Acts amendatory thereto, said Act to be further amended to provide for the disposition of public property;

Page 2832

to provide for allocation of funds for advertising Clayton County; to provide for the posting of rewards in criminal cases where deemed necessary for the safety of the public; so as to provide for the expenditure of funds for investigative purposes in felony cases; to provide for maximum on purchases without advertising for bids; to repeal conflicting laws; to provide an effective date and for other purposes. This the 16th day of January, 1975. /s/ Terrell A. Starr Senator, 44th District /s/ William J. Lee Representative 68th District /s/ Frank Bailey Representative 68th District /s/ Rudolph Johnson Representative 68th District /s/ Jim West Representative 68th District Georgia, Clayton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News/Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: January 21, 28, February 4, 1975. Notice to introduce local legislation. /s/ Jim Wood Publisher

Page 2833

Sworn to and subscribed before me, this 4th day of February, 1975. /s/ Mrs. Carol Reynolds Notary Public, Georgia, State at Large. My Commission Expires Aug. 28, 1977. (Seal). Approved April 7, 1975. HENRY COUNTY DEVELOPMENT AUTHORITY ACT AMENDED. No. 132 (House Bill No. 1023). An Act to amend an Act known as the Henry County Development Authority Act, approved March 28, 1967 (Ga. L. 1967, p. 2291), so as to change the method of appointing the members of the Authority; to provide for the appointment of the members of the Authority by the Board of Commissioners of Henry County; to provide that one member shall be appointed from each of the Commissioner Districts of Henry County; to provide for staggered terms; to provide for filling vacancies; 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 known as the Henry County Development Authority Act, approved March 28, 1967 (Ga. L. 1967, 2291), 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. Membership. The Authority shall consist of five (5) members appointed by the Board of Commissioners of Henry County. Positions on the Authority shall be designated as Posts 1 through 5, respectively, by the Board of Commissioners. The persons appointed to represent Posts 1 through 3 shall be appointed for terms of office of two (2) years each and until their successors are appointed and

Page 2834

qualified. Persons appointed to represent Posts 3 and 4 shall be appointed for terms of office of four (4) years each and until their successors are appointed and qualified. Thereafter, all appointments to the Authority shall be for a term of office of four (4) years. The members of the Authority shall serve until their successors are duly appointed and qualified. All members shall be eligible for reappointment. If any member of the Authority shall resign or be unable to serve for any reason, a successor shall be appointed to the vacant position on the Authority. The Board of Commissioners of Henry County shall appoint all of the members of the Authority within ten (10) days after the effective date of this Act. Immediately after such appointments, the members of the Authority shall enter upon their duties. Members of the Authority shall be citizens of the United States who have attained the age of twenty-one (21) years and who have been citizens of this State for two (2) years and residents of Henry County for one (1) year immediately preceding their appointments as members of the Authority. The Authority shall elect one of its members as Chairman and one as Vice Chairman and shall elect a Secretary and a Treasurer, or a Secretary-Treasurer, who need not necessarily be a member of the Authority. Three (3) members of the Authority shall constitute a quorum, and no vacancy shall impair the power of the Authority to act. The members of the Authority shall receive no compensation for their services, but they shall be entitled to receive reimbursement for expenses incurred in connection with the performance of their duties, subject to the approval of the Board of Commissioners. Prior to taking office, the members of the Authority shall subscribe to the following oath, to wit: `I do solemnly swear that I will fully and fairly perform the duties as a member of the Henry County Development Authority, so help me God.' The Authority shall have perpetual existence as hereinafter provided. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2835

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a bill to amend an Act known as the Henry County Development Authority Act, approved March 28, 1967 (Ga. L. 1967, p. 2291), so as to change the method of appointing the members of the Authority; to provide for the appointment of the members of the Authority by the Board of Commissioners of Henry County; to provide that one member shall be appointed from each of the Commissioner Districts of Henry County; to provide for staggered terms; to provide for filling vacancies; to provide for other matters relative to the foregoing; and for other purposes. This 20th day of January, 1975. Ray M. Tucker Representative, 73rd 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 73rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Advertiser which is the official organ of Henry County, on the following dates: February 6, 13, 20, 1975. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me this 27th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved April 10, 1975.

Page 2836

CITY OF CENTERVILLECHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 135 (House Bill No. 874). An Act to amend an Act incorporating the City of Centerville, approved March 25, 1958 (Ga. L. 1958, p. 3323), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3468), 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, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3468), 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: 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 southwesterly 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

Page 2837

direction parallel with said Thomson Street to a point on the westerly boundary of Houston Lake Boulevard; thence continuing in an easterly direction, crossing Houston Lake Boulevard to the easterly boundary of said road; thence in a southerly direction along the easterly boundary of said road to the northwest corner of Lot 5, Pike Estates; thence N 89 degrees 38 minutes 30 seconds E for a distance of 440 feet to a point; thence S 0 degrees 36 minutes 30 seconds W for a distance of 350 feet to a point; thence S 89 degrees 39 minutes 30 seconds W for 440 feet to a point on the easterly boundary of Houston Lake Boulevard; thence in a southerly direction along the easterly boundary of said road for a distance of 600 feet to a point on the northerly line of Land Lot 112; 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 degrees 25 minutes 30 seconds east for a distance of 1017.78 feet to a point; thence S 82 degrees 40 minutes 30 seconds east for a distance of 425.61 feet to a point; thence S 72 degrees 46 minutes east for a distance of 914.67 feet to a point; thence north 0 degrees 45 minutes east for a distance of 151.55 feet to a point; thence north 89 degrees 19 minutes east for 585.25 feet to a point; thence north 0 degrees 42 minutes east for 1444.25 feet to a point; thence north 89 degrees 18 minutes west for 789.6 feet to a point; thence north 0 degrees 03 minutes east for 1526.8 feet to a point; thence due west for 630 feet to a point; thence north 1 degree 40 minutes east for 403 feet to a point; thence north 2 degrees 43 minutes east for 94.6 feet to a point; thence north 3 degrees 00 minutes west for 221.4 feet to a point; thence south 89 degrees 19 minutes east to the west line of the right of way of Scarborough Road; thence north 1 degree 47 minutes east along the westerly boundary of Scarborough Road for a distance of 692 feet to a point; thence north 89 degrees 41 minutes east to a point on the westerly right of way of Bateman Road; thence south 0 degrees 53 minutes 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

Page 2838

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 degrees 45 minutes east for a distance of 1293.51 feet to a point; thence north 72 degrees 46 minutes west for a distance of 925.13 feet to a point; thence north 82 degrees 40 minutes 30 seconds west for a distance of 411.15 feet to a point; thence south 74 degrees 25 minutes 30 seconds 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 southerly boundary of Elberta Road for a distance of 984.04 feet to a point; thence south 0 degrees 33 minutes 20 seconds west for a distance of 450.55 feet to a point; thence south 89 degrees 30 minutes 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. Also included in the above description is the following: All that part of Elberta Road lying between the intersection of Elberta Road with Bateman Road and the intersection of Elberta Road with Holt Road (also known as Collins Avenue). Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1975 session of the General Assembly of Georgia a bill to amend the charter of the City of Centerville so as to

Page 2839

extend the corporate limits; to repeal conflicting laws; and for other purposes. This 9th day of January, 1975. Ted Waddle, Representative of the 113th 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, Intent to Introduce Local Legislation City of Centerville was published in The Houston Home Journal on the following dates: January 23, 30, February 6, 1975. This 7 day of February, 1975. /s/ Bobby Branch Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me this 7 day of February, 1975. /s/ Janice E. Colwell Notary Public, Houston County. My Commission expires March 7, 1976. (Seal). Approved April 11, 1975. LEE COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 143 (House Bill No. 447). An Act to amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in

Page 2840

lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2219), as amended by an Act approved March 26, 1969 (Ga. L. 1969, p. 2394), an Act approved February 13, 1970 (Ga. L. 1970, p. 2024), and an Act approved March 19, 1971 (Ga. L. 1971, p. 2223), so as to change the provision relating to the salary of the sheriff; to change the provision relating to the number of deputies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2219), as amended by an Act approved March 26, 1969 (Ga. L. 1969, p. 2394), an Act approved February 13, 1970 (Ga. L. 1970, p. 2024), and an Act approved March 19, 1971 (Ga. L. 1971, p. 2223), is hereby amended by striking in section 2, the following: a maximum salary of $8,500.00 per annum, and substituting in lieu thereof, the following: a minimum salary of $8,500.00 and a maximum salary of $12,000.00 per annum, so that when so amended, section 2 shall read as follows: Section 2. The sheriff shall receive a minimum salary of $8,500.00 and a maximum salary of $12,000.00 per annum, to be determined by the governing authority of Lee County, which shall be paid in equal monthly installments from the funds of Lee County. The sheriff shall furnish his own automobile out of the salary paid to him and he shall also be responsible for the operating expenses, maintenance and replacement of his automobile. The sheriff shall be entitled to mileage at the rate of ten cents per mile when driving out of the county on official business. The sheriff shall submit an itemized expense statement to the governing authority containing an explanation of each trip out of the county for which mileage is claimed. The county shall be

Page 2841

responsible for equipping the automobile owned by the sheriff with a short-wave radio and the county shall be responsible for the maintenance, repair and replacement of said radio. Sheriff. Section 2. Said Act is further amended by striking in section 5, the following: two deputies, and substituting in lieu thereof, the following: a minimum of two and not more than four deputies, so that when so amended, section 5 shall read as follows: Section 5. The Sheriff of Lee County shall have the sole power and authority to appoint a minimum of two and not more than four deputies who shall be compensated an amount to be determined by the governing authority of Lee County, which salary shall be payable in equal monthly installments from the funds of Lee County. The sheriff shall have the sole power and authority to designate and name the persons who shall be employed as deputies and to prescribe their duties and assignments and to remove or replace such deputies at will. Deputies. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a bill, to amend an Act placing the Sheriff of Lee County on a salary basis, and for other purposes, approved Feb. 28, 1966 (Ga. L. 1966, p. 2219), as amended 1969, 1970, and 1971, to change the maximum amount of salary that the Sheriff may be entitled to receive, to provide for the employment of deputies and salaries thereof at the discretion of

Page 2842

the Board of County Commissioners, matters relative thereto; and for any other purposes. This 10th day of Dec. 1974. Board of County Commissioners Lee County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. S. Dick Hutchinson who, on oath, deposes and says that he is Representative from the 133rd 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, 1974. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 29th day of January, 1975. /s/ Susan Gordon Notary Public Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 14, 1975, LEE COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 144 (House Bill No. 448). An Act to consolidate the offices of Tax Receiver and Tax Collector of Lee County into the office of the Tax Commissioner of Lee County; to provide for the rights, duties

Page 2843

and liabilities of said office; to provide for the election of the tax commissioner; to provide for his or her term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi. fas.; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of Tax Receiver and Tax Collector of Lee County are hereby consolidated and combined into the one office of the Tax Commissioner of Lee County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Creation. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Lee County in 1976. The person so elected shall take office on the first day of January following his or her election, and he or she shall serve until December 31, 1980, and until his or her successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Election. Section 3. The tax commissioner shall receive an annual salary from $10,000.00 to $15,000.00 per year to be determined by the governing authority of Lee County, which shall be paid in equal monthly installments from the funds of Lee County. Salary.

Page 2844

Section 4. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by said tax commissioner, as public funds belonging to Lee County. Once each month, the tax commissioner shall turn over to the fiscal authority of said county all funds collected by the tax commissioner's office 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 relating to the sale of motor vehicle license plates. Fees. Section 5. (a) The governing authority of Lee County shall have the authority to fix the number of full-time deputy employees, not less than one nor more than three, and shall have the authority to fix the number of part-time employees, not less than one nor more than three, as the governing authority of Lee County deems necessary to assist the tax commissioner in discharging the official duties, and the governing authority of Lee County shall designate the compensation for said full-time employees of not less than $4,000.00 nor more than $7,000.00 per annum payable in equal monthly installments from the funds of Lee County, and shall designate the salary for the part-time employees, but the tax commissioner shall have the sole right to select the individuals so employed. Personnel. (b) All expenses incurred by the tax commissioner in operating and discharging the official duties of the tax commissioner's office, except as herein provided, including, but not limited to, office equipment, supplies and fixtures shall be paid by the county from county funds. But computer contract services shall first be approved by the governing authority of Lee County and said services paid for by the county from county funds. Section 6. All taxes due and payable to Lee County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. heretofore

Page 2845

issued shall have full force and effect and shall be collectible as issued. Section 7. This Act shall become effective on January 1, 1977, except section 2 of this Act shall be effective before that time for the purpose of holding the election provided for in said section 2. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a bill to consolidate the Offices of Tax Collector and Tax Receiver of Lee County into the one office of Tax Commissioner of Lee County; to provide the effective date of said consolidation as of Jan. 1, 1977; to provide for salaries, deputy or deputies or other necessary personnel; to provide for matters relative thereto; and for any other purposes. This 10th day of Dec., 1974. Board of County Commissioners Lee County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. S. Dick Hutchinson who, on oath, deposes and says that he is Representative from the 133rd 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, 1974. /s/ R. S. Hutchinson Representative, 133rd District

Page 2846

Sworn to and subscribed before me, this 29th day of January, 1975. /s/ Susan Gordon Notary Public Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 14, 1975. UPSON COUNTYSHERIFF PLACED ON SALARY, ETC. No. 147 (House Bill No. 470). An Act to provide for the compensation of the Sheriff of Upson County; to provide for said salary to be in lieu of the fee system of compensation; to provide that all fees, costs, fines, forfeitures, commissions, emoluments or perquisites and othe rcompensations of the Sheriff of Upson County shall become the property of and be paid to the governing authority of Upson County; to provide procedures connected therewith; to provide for a chief deputy and additional deputies and their compensation; to provide for automobiles and other equipment and the maintenance of the same; to provide for the expenses of operating the office; to provide for the submission and approval of annual budgets; to provide for approval or disapproval by the county governing authority; to provide for reimbursement for feeding prisoners; to provide for additional appropriations; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. After the effective date of this Act, the Sheriff of Upson County shall receive an annual salary of $15,000.00, payable in equal monthly installments from the funds of Upson County. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of any nature

Page 2847

whatsoever heretofore allowed as compensation to said sheriff, regardless of the capacity in which the services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered. Salary. Section 2. All fees, costs, fines, forfeitures, commissions, emoluments and perquisites of whatever nature provided by law for services rendered by the sheriff shall be charged and collected by the sheriff and shall be held by him as county funds. The sheriff shall diligently and faithfully undertake to collect all such fees, costs, fines, forfeitures, commissions, emoluments and perquisites formerly allowed him as compensation for services rendered by him in any capacity and shall receive and hold the same in trust for Upson County as public monies and shall pay the same to the governing authority of Upson County on or before the 15th day of each month next following the month in which such funds were collected or received. At the time of each such monthly payment, the sheriff shall also furnish the governing authority of Upson County a detailed itemized statement, under oath, of all such funds so received by him during the preceding calendar month. The statement shall show the respective amounts of money collected and the source thereof. The sheriff shall keep such books and records as shall be prescribed by the governing authority of Upson County to reflect the receipt and disbursement of all of such funds and all such records and books shall be open to the inspection of the governing authority of Upson County and its auditors at all times during the hours for which the sheriff's office is open for business. Fees. Section 3. The Sheriff of Upson County shall have the sole power and authority to designate one of his deputies as the chief deputy, and said sheriff shall have the power and authority to appoint such additional deputies as he shall determine to be needful or necessary to carry out the functions and duties of the office of Sheriff of Upson County. The said sheriff shall have the power and authority to fix the amount of compensation to be paid to such chief deputy and to each of such deputies; provided, however, that the amount of compensation for such chief deputy and each of such deputies shall not exceed, in amount, the sum

Page 2848

provided therefor in the budget for the operation of said sheriff's department as such budget is finally approved by the governing authority of Upson County as in hereinafter provided. Deputies. Section 4. Upson County shall furnish to the sheriff thereof, for the use of said sheriff and his deputies under such conditions as said sheriff shall prescribe, such number of automobiles equipped with shortwave radios as shall be determined by the governing authority of Upson County to be sufficient to enable the sheriff to carry out the functions and duties of his office. Said automobiles shall be replaced by said county every two years or at such time as each of them shall have been operated for 75,000 miles, whichever shall first occur. Equipment. Section 5. Upson County shall be responsible for the expense of maintenance of the automobiles furnished by it to said sheriff and shall be responsible for the expense of the operation thereof, and said sheriff shall purchase gasoline, oil and other necessary operating materials for said automobiles and shall have the maintenance work thereon done at such place or places as shall be, from time to time, determined by the governing authority of Upson County. Maintenance. Section 6. All expenses incurred by the sheriff in operating his office and in discharging the official duties thereof, including, but not limited to, acquiring, operating and maintaining the automobiles furnished by Upson County, together with equipment, materials, supplies, furniture, furnishings, fixtures, utility expenses, repairs and maintenance, and employees of his office, including the chief deputy and the deputies thereof, shall be paid by Upson County from county funds. The sheriff is authorized to employ such personnel to assist him in discharging the official duties of his office as he shall deem proper and to prescribe their duties and assignments and to remove or replace any of such employees at will and within his sole discretion. The total of such expenses, other than the sheriff's salary, incurred by the sheriff, including the compensation for all such personnel, including the chief deputy and other deputies so employed by him, shall not exceed the

Page 2849

budget submitted by the sheriff as finally approved in accordance with the provisions hereinafter further set out in this Section. Expenses. The sheriff shall submit a budget to the Board of Commissioners of Upson County in such form as may be required by said board, which budget shall be submitted on or before the 15th day of November of each year for the operation of said sheriff's office for the ensuing calendar year. In the event the sheriff fails to submit a budget in the manner and at the time required herein, the board of commissioners shall adopt an adequate budget for the operation of said sheriff's office. In the absence of objections by said board within fifteen days after November 15 of each year (Sundays excepted), the budget submitted by the sheriff shall stand approved and said budget shall become an obligation on the funds of Upson County. Budget. In the event the said board of commissioners shall object to or disagree with said budget submitted to it as hereinabove required, said board shall, within fifteen days after the same is submitted to them (Sundays excepted), notify the sheriff of their objections to said budget. Said notice shall be in writing and personally delivered to the sheriff if he be then found in the county, otherwise said notice shall be mailed by registered mail to his residence. Said notice shall set a date for the sheriff to appear before the board of commissioners, which date shall be not less than five days nor more than fifteen days from the date of the notice as hereinabove required, on which date said board shall afford the sheriff an opportunity to submit to it evidence relating to his proposed budget, and after hearing from him the said board of commissioners shall prepare and adopt an adequate budget for the operation of said sheriff's office for the ensuing calendar year and the budget so prepared by them shall be final and conclusive and shall become an obligation on the funds of Upson County. In the event that it shall hereafter become necessary for the Sheriff of Upson County to furnish food for any prisoner held in the jail of Upson County, said sheriff shall, on or before the 15th day of each month, submit to said

Page 2850

board of commissioners a requisition for the preceding month for the feeding of such prisoners, which requisition for such feeding shall be $1.50 per prisoner per day or such amount per prisoner per day as said board of commissioners has approved, from time to time, by formal resolution; the amount of such requisitions, within the limitations herein set forth, shall be a charge upon the funds of Upson County in addition to the budget hereinabove provided for. If, in the judgment of the sheriff, an emergency should arise by reason of which the sheriff would be unable to perform his duties without the expenditure of larger amounts of money than are provided for in the current budget, he may apply to the Board of Commissioners of Upson County for the appropriation of additional funds and shall, at the time of such application, submit to said board evidence relating to his request for such additional appropriation. If, after hearing from said sheriff, the said board of commissioners shall grant an additional appropriation, such additional appropriation shall become an obligation on the funds of Upson County. Section 7. An Act placing the Sheriff of Upson County upon an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2856), as amended by an Act approved March 13, 1970 (Ga. L. 1970, p. 2851), and an Act approved March 30, 1971 (Ga. L. 1971, p. 2333), is hereby repealed in its entirety. 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. Notice is hereby given that there will be introduced at the 1975 Session of the General Assembly of Georgia a local bill to completely repeal and supersede the local law (Ga. L. 1965 Sess. p. 2851, et seq.), and the amendments thereto,

Page 2851

which fixes the amount and method of compensating the Sheriff of Upson County and which provides for the necessary operating expenses of said Sheriff's office including compensation for the deputies and other employees thereof; to enact, in lieu thereof, a new Act to place the Sheriff of Upson County on a salary basis and fix the amount thereof; to provide the manner of funding the operation of said Sheriff's office; to repeal conflicting laws; and for other like purposes. This 2nd day of January, 1975. Marvin Adams Representative, 79th District Peter L. Banks Senator Elect, 17th Senatorial District 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 79th 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: January 2, 9, 16, 1975. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 31st day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 14, 1975.

Page 2852

CATOOSA COUNTYSALARY OF COMMISSIONER CHANGED. No. 149 (House Bill No. 677). 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 19, 1974 (Ga. L. 1974, p. 2195), so as to change the compensation of the commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved March 19, 1974 (Ga. L. 1974, p. 2195), is hereby amended by striking from section 9 the following: 12,500, and substituting in lieu thereof the following: 15,000, so that when so amended, section 9 shall read as follows: Section 9. The Commissioner of Catoosa County shall be paid an annual salary of $15,000, 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 Catoosa 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

Page 2853

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. 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. Georgia, Catoosa County. Before me an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: January 9, 1975, January 16, 1975, January 23, 1975. /s/ Jim Caldwell Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be requested at the January 1975 Session of the General Assembly of the Office of State of Georgia, Local Legislation to increase Compensation for Commissioner of Roads Revenue of Catoosa County, Georgia. James A. Moreland, Commissioner of Roads and Revenue Catoosa County, Ga.

Page 2854

Sworn to and subscribed before me, this the 8th day of February, 1975. /s/ Mary Ruth Sutherland Notary Public My Commission Expires 11-2-77. (Seal). Approved April 14, 1975. CATOOSA COUNTYTAX COMMISSIONERCLERICAL ALLOWANCE CHANGED. No. 150 (House Bill No. 679). An Act to amend an Act creating the office of Tax Commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved March 19, 1974 (Ga. L. 1974, p. 2198), 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, particularly by an Act approved March 19, 1974 (Ga. L. 1974, p. 2198), is hereby amended by striking from section 5 the following: eleven thousand four hundred dollars ($11,400.00), and inserting in lieu thereof the following: seventeen thousand eight hundred dollars ($17,800.00), so that when so amended, section 5 shall read as follows: Section 5. The compensation of the Tax Commissioner

Page 2855

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 on the effective date of this section, the sum of seventeen thousand eight hundred dollars ($17,800.00) 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. Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that

Page 2856

the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: January 9, 1975, January 16, 1975, January 23, 1975. /s/ Jim Caldwell 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 1975 Session of the General Assembly of the State of Georgia. This the 6th day of January 1975. W. R. Andrews, Tax Commissioner Catoosa County Sworn to and subscribed before me, this the 8th day of February, 1975. /s/ Mary R. Sutherland Notary Public My Commission Expires 11-2-77. (Seal). Approved April 14, 1975. CATOOSA COUNTYSALARY OF SUPERIOR COURT CLERK CHANGED, ETC. No. 151 (House Bill No. 680). An Act to amend an Act placing the Judge of the Probate Court and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February

Page 2857

20, 1959 (Ga. L. 1959, p. 2047), as amended, so as to increase the salary of the clerk of the superior court; to increase the maximum allowance for clerical help for the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court 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, is hereby amended by striking from section 2, the following: $12,000.00, and substituting in lieu thereof, the following: $13,500.00, so that when so amended, section 2 shall read as following: Section 2. The salaries of the said county officers shall be as follows: The Judge of the Probate Court $ 7,000.00 per annum Clerk of the Superior Court $ 13,500.00 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 from section 3, the following: $9,000.00, and inserting in lieu thereof the following: $10,000.00, so that when so amended section 3 shall read as follows:

Page 2858

Section 3. The maximum allowance to be paid for clerical help shall be: Clerical help for the Judge of the Probate Court $ 8,600.00 per annum Clerical help for the clerk of the Superior Court $ 10,000.00 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 judge of the probate court shall be related to said judge 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 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. 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. Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: January 3, 1975, January 16, 1975, January 23, 1975. /s/ Jim Caldwell

Page 2859

Notice of Intention to Introduce 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, and to increase the clerical allowance for said office, at the January, 1975 Session of the General Assembly of the State of Georgia. This the 6th day of January, 1975. /s/ Norman L. Stone Clerk Superior Court, Catoosa County, Georgia Sworn to and subscribed before me, this the 8th day of February, 1975. /s/ Mary R. Sutherland Notary Public. My Commission Expires Nov. 2, 1977. (Seal). Approved April 14, 1975. CERTAIN COUNTYSALARIES OF SUPERIOR COURT CLERKS CHANGED. (185,000-190,000). No. 152 (House Bill No. 816). An Act to amend an Act fixing the compensation of a certain official in all counties of this State having a population of not less than 185,000 nor more than 190,000 according to the United States Decennial Census of 1970, approved March 21, 1974 (Ga. L. 1974, p. 2474), so as to change the provisions relative to compensation of the clerks of superior courts 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:

Page 2860

Section 1. An Act fixing the compensation of a certain official in certain counties, approved March 21, 1974 (Ga. L. 1974, p. 2474), is hereby amended by striking section 1 of said Act in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. Notwithstanding any other provisions of law to the contrary, in all counties of this State having a population of not less than 185,000 nor more than 190,000 according to the United States Decennial Census of 1970, or any such future census, the Clerk of Superior Court of any such county shall receive an annual base salary to be fixed by the governing authority of said county at not less than $18,000.00 payable in equal monthly installments from the funds of such county. The base salary provided herein shall be increased by 2% of the base salary provided above on April 1, of each year, beginning on April 1, 1976. 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 April 14, 1975. CITY OF HOGANSVILLECHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 153 (House Bill No. 864). 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.

Page 2861

1971, p. 2801), an Act approved March 27, 1972 (Ga. L. 1972, p. 2415), an Act approved April 17, 1973 (Ga. L. 1973, p. 3402), and an Act approved March 19, 1974 (Ga. L. 1974, p. 2203), 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 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), an Act approved March 27, 1972 (Ga. L. 1972, p. 2415), an Act approved April 17, 1973 (Ga. L. 1973, p. 3402), and an Act approved March 19, 1974 (Ga. L. 1974, p. 2203), is hereby amended by adding at the end of section 3 a new subsection, to be designated subsection (d), to read as follows: (d) All those portions of Land Lots 98, 127, 128 and 129 of the 11th Land District of Troup County, Georgia which were not previously inside the corporate limits and all of Land Lots 99, 124, 125, 126 and 130 of the said 11th Land District of Troup County, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that local legislation will be introduced at the 1975 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 those portions of Land Lots 98, 127, 128 and 129 of the 11th Land District of Troup County, Georgia, which are not presently inside the corporate limits and all

Page 2862

of Land Lots 99, 124, 125, 126 and 130 of the said 11th Land District of Troup County, Georgia. This the [Illegible Text] day of January, 1975. Mayor and Council of Hogansville /s/ Ken Gordon 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 January 17, January 24, January 31, and February 7, 1975. /s/ Glen O. Long Publisher LaGrange Daily News Sworn to and subscribed before me, on this the 19th day of February, 1975. /s/ Helon S. Keith Notary Public, Troup County, Georgia My Commission Expires August 28, 1978. (Seal). Approved April 14, 1975. CITY OF LOVEJOYNEW CHARTER. No. 154 (House Bill No. 952). An Act to create a new charter for the City of Lovejoy in the County of Clayton; to prescribe the corporate limits

Page 2863

of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for a Merit Service System; to provide for the preservation of ordinances, bylaws, rules and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for the registration of voters; to provide for the method of conducting elections; to provide for the establishment of a recorder's court; to provide for an appointment of the recorder; to provide for the jurisdiction of the recorder's court; to provide for appeals from the recorder's court; to provide for the payment of court costs; to provide for rules for the recorder's court; to provide for all other matters relative to the foregoing; to provide for severability; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CHARTER, CITY LIMITS AND CORPORATE POWERS Section 1.01. Incorporation; Name, Style and Designation; Powers of City as Body Politic and Corporate. This Act shall constitute the whole charter of the City of Lovejoy, Georgia. The City of Lovejoy, 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 Lovejoy, Georgia, and by that name shall have perpetual succession, may contract and contract with, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure of the governing authority. Section 1.02. Corporate Boundaries. The corporate limits of the City of Lovejoy shall include all of the territory within the following described boundaries:

Page 2864

All that tract or parcel of land lying and being in Land Lots 132, 133, 156, 157, 158, 164 and 165 of the 6th District of Clayton County, Georgia, except all that tract or parcel of land lying and being in Land Lots 156 and 165 of the 6th District of Clayton County, Georgia, being 118.51346 acres according to a survey for Clayton County by John E. Chapman, Jr., Surveyor, dated January 29, 1975, and being more particularly described as follows: BEGINNING at the Northeast corner of Land Lot 156; thence North 88 degrees 43 minutes 57 seconds West 1464.58 feet to an iron pin; thence South 0 degrees 44 minutes 29 seconds West 2880.26 feet to an iron pin on the South line of Land Lot 156; thence South 0 degrees 51 minutes 36 seconds East 561.6 feet to a point on the Northeasterly side of State Highway No. 3; thence Southeasterly along the Northeasterly side of said Highway 1406.20 feet to a point on the East line of Land Lot 165; thence North 0 degrees 55 minutes 49 seconds East along the East line of Land Lots 165 and 156 a distance of 3637.62 feet to the point of BEGINNING. Notwithstanding any other provisions of this Charter to the contrary, the following described property is specifically included and shall be a part of the corporate limits of the City of Lovejoy: All that tract or parcel of land lying and being in Land Lot 165 of the 6th District of Clayton County, Georgia, and being more particularly described as follows: BEGINNING at a point on the North right of way line of State Route Highway Number 3 where the same intersects with the East land lot line of land lot Number 165 of the 6th district of Clayton County, Georgia; thence running Northerly along the Henry-Clayton County Line a distance of 692 feet thence running North 88 degrees 14 minutes and 19 seconds West 1,464 feet; thence South 0 degrees 51 minutes 36 seconds East 561.6 feet to the North right of way line of State Highway Number 3; thence running along at North right of way line of State Highway Number 3 1,462.19 feet more or less to the point of BEGINNING.

Page 2865

Section 1.03. Corporate Powers. The corporate powers of the city, to be exercised by the mayor and council, as defined in section 2.01, shall include the following: (a) To levy and provide for the assessment, valuation, reevaluation, and collection of taxes on all property subject to taxation as may be approved by the electors of said city in accordance with the provisions of section 5.09. (b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions. (c) To appropriate and borrow money, to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose, or for matters of national or State interest, and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken. Whenever the city shall desire to create a bonded debt for the purpose of carrying into effect any of the powers and provisions of this charter, it shall have the right and authority to do so when authorized by a majority of the qualified voters of the city voting in an election. (d) To acquire, dispose of, and hold in trust or otherwise any real, personal or mixed property, inside the corporate limits of the city. (e) To condemn property, inside the city, for present or future use, and for any corporate purpose deemed necessary by the mayor and council, under Section 36-202 of the Code of Georgia 1933, or under other applicable public Acts. (f) To grant franchises or make contracts for public utilities and public services, not to exceed periods of thirty (30) years. The mayor and council may prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise

Page 2866

grantee or contractor, insofar as not in conflict with laws of the State of Georgia, or not in conflict with such regulations by the Public Service Commission. (g) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, public buildings, sewers, drains, recreational, conservation, sport, correctional, detentional and penal agencies and facilities; and any other public improvements, inside the city; and to regulate the use thereof, and for such purposes property may be acquired by condemnation under section 36-202 of the Code of Georgia 1933, or other applicable public Acts. (h) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (i) To provide for the collection and disposal of garbage, rubbish, and refuse and to provide power and authority to take all necessary and proper means for keeping the city free from garbage, trash and filth. Charges or fees may be imposed to cover the costs of such services, which if unpaid, shall constitute a debt and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and under the same remedies, as a lien for city property taxes. (j) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental or likely to be detrimental to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (k) To define a nuisance in the city and to provide for its abatement. The recorder of the city shall have jurisdiction over all nuisance abatement proceedings in the city. The mayor and council may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this State or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten (10) days after written notice from the city to do so and after an opportunity to be heard on same.

Page 2867

(l) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards. (m) To adopt by ordinance a plan or plans for the zoning of the city, in the interest of public health, safety, order, convenience, comfort, aesthetics, prosperity, or general welfare, and for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages; or for the purpose of preserving buildings, structures or areas having national, regional, State or local historic significance; or for the purpose of maintaining or improving the aesthetic appearance of any buildings, structures or areas. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and councilmen of said city shall deem best to accomplish the purposes of the zoning regulations. (n) To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public work or on the public streets of the city as provided by ordinance; or the mayor and council may provide for the commitment of city prisoners to any county works camp, or other governmental agency, or jail, by agreement with appropriate governmental officers. (o) To regulate, license, tax, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violations of any ordinance or lawful orders; also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violations of ordinances enacted hereunder.

Page 2868

(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. (q) To provide that upon the conviction of the violation of any ordinance, rule, regulation, or order, the offender may be punished within limitations prescribed by the mayor and council in such ordinance, rule, regulation, or order, but not exceeding the limitations prescribed by this charter or State law. (r) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants, and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. (s) To regulate and control public streets, public alleys and ways; and in the discretion of the mayor and council by ordinance to alter, open or close public streets and public alleys and ways. (t) To contract with any State department, agency, or other political subdivision for joint services or the exchange of services; to contract with such agencies or subdivisions for the joint use of facilities or equipment; and to contract with any such agency or subdivision to perform any service or execute any project in which the municipality has an interest. Section 1.04. Ordinances. All ordinances, bylaws, rules and regulations, now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the mayor and council.

Page 2869

ARTICLE II CITY GOVERNMENT Section 2.01. Establishment of City Government. The corporate governmental powers of the City of Lovejoy shall be vested in a mayor and four (4) councilmen to be known as the Mayor and Council. 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 Lovejoy. 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 (21) years of age, and must meet the requirements of a qualified voter of said city, as prescribed by State law, must have been a bona fide resident of the City of Lovejoy for at least one (1) year next preceding the election in which he offers as a candidate, and shall continue to reside therein during this period of service. No person shall be eligible to be mayor or councilman who shall have been convicted of a crime involving moral turpitude, unless such person has received a full pardon and has all rights of citizenship restored. Section 2.03. Election of Mayor and Councilmen. Those persons presently elected and serving as mayor and councilmen of the City of Lovejoy shall continue to serve until their successors are duly elected and qualified as provided by law. On the second Saturday in November, 1975, and on said date every two (2) years thereafter, a general election shall be held for mayor and the four (4) councilmen whose terms of office are expiring. The candidate for mayor and the four (4) candidates for councilmen who receive a majority of votes cast in said election shall be elected for terms of office of two (2) years each and until their successors are duly elected and qualified. In the event a candidate does not receive a majority of the votes cast in said election, a runoff

Page 2870

election shall be conducted between the two candidates receiving the highest number of votes in each such race. Such runoff election shall be conducted on the fourteenth (14th) day after the day of holding the regular election, unless such runoff date is postponed by court order. Any person possessing the qualifications required by law may qualify for any council position or for mayor. Section 2.04. Terms of Office. The terms of office for the mayor and council shall begin on the first Monday in January following said election, and shall continue for two (2) years and until their successors are elected and qualified. Section 2.05. Mayor and Council. The governing body of said city shall be composed of a mayor and four (4) councilmen, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this charter. The mayor and council shall hold regular public meetings at a stated time and place as provided by ordinance. The mayor and council shall meet in special sessions on call of either the mayor, or the mayor pro tem and two (2) councilmen, when notice of which has been served on the other members personally or left at their residence at least twelve (12) hours in advance of the meeting. The powers of the mayor and council shall be exercised in public meetings. The mayor and two (2) councilmen or mayor pro tem and two (2) councilmen shall constitute a quorum for the transaction of business at a special meeting. The mayor and council may, by ordinance, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The mayor and council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the mayor and council. The mayor shall, before entering upon the discharge of his duties, give good and sufficient bond in an amount to be decided by the mayor and council, but not less than twenty-five hundred dollars ($2,500.00), said bond payable to the City of Lovejoy for the faithful performance of his

Page 2871

duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council, and the premium thereon shall be paid by the city. Section 2.06. Mayor as Presiding Officer. The mayor shall preside at meetings of the mayor and council; shall have a vote only in the case of a tie vote by councilmen; shall have veto power over ordinances, orders, or resolutions in which case the mayor shall have five (5) days after meetings of the mayor and council to file with the clerk in writing his dissent, but the councilmen may at the same meeting or any subsequent meeting within sixty (60) days pass any such ordinance, order, or resolution, notwithstanding the veto, by a vote of two-thirds of the total number of councilmen, to be taken by ayes and nays and entered upon the minutes; shall be the chief executive officer of the city; shall sign ordinances and resolutions on their final passage; may obtain short-term loans in the name of the city when authorized by the mayor and council to do so; and shall perform such other duties imposed by this charter and duly adopted ordinances. Section 2.07. Mayor Pro Tem. The mayor and council at the first regular meeting, and after the newly elected councilmen have taken office following each regular election, shall elect from its membership a mayor pro tem for a term of one (1) year. Upon the mayor and council's failure to elect a mayor pro tem by the first meeting in February of each year, the incumbent 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 the mayor or a councilman forfeits his office by being absent from three (3) consecutive regular meetings of the governing

Page 2872

authority, except if granted a leave of absence (excused) by the mayor and council and such leave of absence (excused) is entered on the minutes, or if he is adjudged legally incompetent, or is convicted of malfeasance in office, or of a felony. In the event a vacancy occurs in the office of a member of the council from any cause other than the expiration of a term of office, the vacancy shall be filled in the following manner: If the vacancy occurs within twelve (12) months of the expiration of the term, but not within thirty (30) days prior to the regular city election, the vacancy shall be filled by the remaining councilmen electing a qualified person to serve out the unexpired term of office; provided, however, that at no time shall there be more than one (1) councilman so appointed holding office; and if a vacancy occurs in the office of councilman with one member so appointed, a special election shall be held within a period of sixty (60) days after the office becomes vacant pursuant to a call of a special election as provided by this charter; if said election is called, the previously filled vacancy and the existing vacancy shall be filled for the remainder of the unexpired terms. Provided, however, if a regular election for the city shall be held within three (3) months after the second vacancy occurs, the vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election. If the vacancy occurs within thirty (30) days prior to the regular city election, the vacancy shall be filled at such regular election under the same rules and regulations and provisions of law pertaining to the election of councilmen. If the vacancy occurs at any other time not provided for above, the vacancy shall be filled by a special election called for that purpose by the mayor and council within a period of sixty (60) days after the office becomes vacant. It shall be the duty of the mayor and council to publish notice of the special election in the official organ of the city once a week for the two-week period immediately preceding said special election.

Page 2873

In the event a vacancy should occur in the office of the mayor, a special election shall be called and held in the manner prescribed by the Georgia Municipal Election Code (Title 34A, Code of Georgia 1933) as it now exists or may hereafter be amended, so long as the vacancy occurs at least three (3) months prior to regular expiration date of the terms. If the vacancy occurs within three (3) months of the expiration date, the mayor pro tem shall serve until the expiration date, and shall be authorized, during said period, to exercise all of the powers of the mayor provided by this charter and the laws of this State. Section 2.09. Compensation and Expenses. The salary of the members of the mayor and council shall be set (or the same will remain the same) in October of each year by the mayor and council before newly elected members take office; said salary to be for the next ensuing year and which shall not be increased during the year for which it is set. The salary for councilmen shall not exceed nine hundred dollars ($900.00) per annum, and the salary for mayor shall not exceed twelve hundred dollars ($1,200.00) per annum. Each councilman and the mayor, when authorized by the mayor and council and upon presentation of itemized vouchers, shall receive his actual and necessary expenses incurred in the performance of his duties of office. Section 2.10. City Clerk. The mayor and council shall appoint a city clerk who shall serve at the pleasure of the mayor and council. The city clerk shall be responsible for keeping and preserving the city seal and all records of the mayor and council; attending meetings of the mayor and council and keeping a journal of the proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; and performing such other duties as may be required by the mayor and council. The city clerk shall be responsible for the receipt, custody and disbursements of the city's money or funds as prescribed

Page 2874

by the mayor and council; shall provide such accounting therefor as may be required by the mayor and council; and shall perform such other duties as required by the mayor and council. The mayor and council shall require the city clerk, before entering upon discharge of his duties to give good and sufficient bond in amount to be decided by the mayor and council, but not less than twenty-five hundred dollars ($2,500.00), said bond payable to the City of Lovejoy for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by the mayor and council and the premium thereon shall be paid by the city. Section 2.11. City Legislation. Any action of the mayor and council having regulatory or penal effect or required to be done by ordinance under this Act, shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least a majority of those present shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall place a copy into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk. Section 2.12. Readings. No ordinance, except in the case of emergency, which shall be stated in the ordinance, shall be approved until it shall have been read at two (2) meetings of the mayor and council, provided that the beginning of said meetings be not less than twenty-four (24) hours nor more than sixty (60) days apart. Provided, however, that if the ordinance is being enacted to amend this charter, it shall be read at two (2) consecutive regular meetings not less than seven (7) nor more than sixty (60) days apart.

Page 2875

ARTICLE III ORGANIZATION AND PERSONNEL Section 3.01. Organization. The city government shall continue as presently organized, unless and until otherwise provided by ordinance. The mayor and council, by such ordinances may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city; may provide that the same person shall fill a number of offices and positions of employment; and may transfer or change the functions and duties of offices, positions of employment, departments and agencies of the city. Section 3.02. Administrative Duties of Mayor. The mayor shall be the chief executive officer of the city government, presiding officer of the city council, and responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules, regulations, ordinances and franchises in the city. He may conduct inquiries and investigations into the 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. The city attorney may be responsible for representing and defending the city in all litigation in which the city is a party; may at the discretion of the mayor and council be the prosecuting officer in the recorder's court; shall attend the meetings of the mayor and council as directed; shall advise the council, mayor and other officers and employees of the city, concerning legal aspects of the city's affairs, and shall perform such other duties as provided by the mayor and councilmen. Section 3.04. Administrative Assistant. The mayor and council may appoint an administrative assistant who shall devote all of his working time and attention to the affairs of the city and who shall be responsible to the mayor and council for the efficient administrations of all the affairs of the city over which he has jurisdiction. In addition, the

Page 2876

mayor and council may by ordinance delegate the following duties, or any combination thereof to the administrative assistant; to see that all laws and ordinances of the city are enforced; to exercise supervision and control of all departments of the city that are now or may hereafter be created by the mayor and council with the right to take part in the discussion but having no vote; to recommend to the mayor and council the adoption of such measures, ordinances and resolutions as he may deem necessary or expedient for the proper operation and administration of the city government; to keep the mayor and council at all times fully advised as to the financial condition and needs of the city; to make a full report to the mayor and council at the first meeting thereof in each month, showing the operations and expenditures of each department of the city government for the preceding months; and to perform such other duties as may be required by ordinance or resolution of the mayor and council. The administrative assistant shall be the purchasing agent for the city and shall make all purchases of supplies for departments; shall approve all vouchers for the same, provided, that the mayor and council shall, by resolution, require competitive bids on purchases under such rules and regulations as the mayor and council may from time to time prescribe. The mayor and council shall require the administrative assistant, before entering upon discharge of his duties, to give good and sufficient bond in amount not less than twenty thousand dollars ($20,000.00), said bond payable to the City of Lovejoy, 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 the premium thereon shall be paid by the city. Section 3.05. Oath of Office. Before a person takes any office in the city government, he shall take before an officer of the State, authorized to administer oaths, the following such oath or affirmation:

Page 2877

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 Lovejoy, and I will well and truly perform the duties of the office of , and that I will to the utmost of my skill and ability endeavor to promote the interest and property of said city, without fear, favor or affection. So help me God. Section 3.06. City Planning and Renewal. The mayor and council may create and establish a Planning Commission pursuant to the provisions of general laws as they now exist or as they may hereinafter be amended. ARTICLE IV MERIT SERVICE SYSTEM Section 4.01. Merit Service System. From and after the passage and approval of this Act, there is hereby authorized to be created and established by the Mayor and Council of the City of Lovejoy a Merit Service System. The mayor and council shall be authorized to create such Merit Service System by appropriate ordinance. Section 4.02. Merit Basis of Appointment. Appointments and promotions in the administrative service of the city shall be made according to merit and fitness to be ascertained, so far as practicable, by competitive examination. To carry out this purpose, there shall be a Department of Personnel, the head of which shall be the administrative assistant, who shall be appointed annually by the mayor and council. In the absence or disqualification of the administrative assistant, or in the event no administrative assistant is appointed, the mayor shall serve as personnel director. Section 4.03. Administrative Assistant; Powers and Duties. The administrative assistant shall have the power and shall be required to: (a) Hold competitive examinations for all appointments in the classified service, restricted to persons reasonably qualified to perform the duties of the position.

Page 2878

(b) Give wide publicity through appropriate channels in each case to all announcement of competitive examinations to the end of encouraging qualified persons to take such examinations. (c) Prepare and recommend to the personnel board such rules as he may consider necessary, appropriate or desirable to carry out the provisions of this Section as provided in section 4.08 of this Act. (d) Prepare, install, and maintain a classification plan based on the duties, authority and responsibility of positions in the city service. (e) Prepare and maintain a classification plan based on the duties, authority and responsibility of positions in the city service. (f) Prepare and maintain a pay plan in the city service. (g) Establish and maintain a roster of all persons in the municipal service in which there shall be set forth, as to each officer and employee, (1) the class title of the position held, (2) salary of pay, (3) any changes in class title, pay or status, (4) such other data as may be deemed desirable or useful to produce significant facts pertaining to personnel administration. (h) Certify all payrolls for persons in the classified service. No person shall be placed on the classified payroll without having first been certified by the administrative assistant or his authorized agent as being eligible therefor. (i) Develop and establish training and educational programs for persons in the municipal service. (j) Investigate periodically the operation and effect of the personnel provisions of this charter and the rules promulgated thereunder, and report annually his findings and recommendations to the personnel board and mayor and council.

Page 2879

(k) Perform such other 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 purpose and provisions of this Section. Section 4.04. Personnel Board; Appointment, Removal . There shall be a personnel board consisting of five (5) members who shall be appointed by the mayor and council. The members of the personnel board shall annually elect one of their number as chairman and another as vice chairman. In the absence, disqualification or disability of the chairman, the vice chairman shall act as chairman. Members of the personnel board shall serve for a term of five (5) years, except that of the members first appointed, one shall be appointed to serve for five (5) years, one for four (4) years, one for three (3) years, one for two (2) years, and one for one (1) year. Vacancies in an unexpired term shall be filled by the mayor and council by appointment for the remainder of the term. A member of the board may be removed by the mayor and council only for cause and after being given a written statement of the charges against him and a public hearing thereon, if he so requests. A certified copy of the charges and a transcript of the record shall be filed with the administrative assistant. Section 4.05. Personnel Board; Qualifications. Each member of the personnel board shall be a freeholder in the city and qualified to vote in city elections, shall be known to be in sympathy with the merit principles as applied to the civil service, shall neither hold nor be a candidate for any elective political office of the City of Lovejoy. Section 4.06. Personnel Board; Meetings, Salary. The personnel board shall meet at the call of the chairman, any three (3) of the board, or the administrative assistant, upon two (2) days' written notice, stating the purpose of the meeting. Three (3) members of the board shall constitute a quorum and three (3) affirmative votes shall be required for the transaction of any official business. Members of the board may be paid at a per diem rate established annually by the mayor and council.

Page 2880

Section 4.07. Personnel Board; Powers and Duties. The board shall have power and shall be required to: (a) Advise the mayor and council and the administrative assistant on problems concerning personnel administration. (b) Advise and assist the administrative assistant in fostering the interest of institutions of learning, civic, professional and employee organizations in the improvement of personnel standards in the municipal service. (c) Make any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report to the mayor and council its findings, conclusions and recommendations. (d) Hear appeals in case any officer or employee in the classified service is suspended, reduced or removed, and report in writing to the mayor and council its decision and said decision shall be final; provided, however, nothing herein shall preclude any of said employees so affected from appealing said decision to the Superior Court of Clayton County, Georgia, in the same manner as appeals from the probate court are taken to the superior court. (e) Perform such other duties with reference to personnel administration, not inconsistent with this charter, as the mayor and council may require by ordinance. Section 4.08. Classification. (a) Within six (6) months after the appointment of the first administrative assistant under this section, the administrative assistant shall prepare and recommend to the board such rules as he may consider necessary, appropriate or desirable to carry out the provisions of this Section. After a public hearing thereon, the board shall approve or reject the rules wholly or in part, or may modify them, and approve them as so modified. Rules and any amendments thereto which are approved by the board shall be transmitted to the administrative assistant for filing with the mayor and council together with whatever recommendations he may desire to make. Rules and amendments thereto shall become effective when approved

Page 2881

by the mayor and council. Thereafter, the board shall have the power to amend, repeal or add to the rules on the recommendation of the administrative assistant or on its own initiative, subject to the requirements of a public hearing and all other subsequent steps of procedure required herein for the adoption of the original set of rules. (b) Rules adopted hereunder shall have the force and effect of law. They shall provide for the method of holding competitive examinations, the establishment, maintenance, consolidation and cancellation of eligible lists, administration of the classification plan, the pay plan, the application of service ratings, the hours of work, attendance regulation and leaves of absence for employees in the classified service, the order and manner in which layoffs shall be effected and similar matters of personnel administration. (c) The powers herein conferred upon the administrative assistant shall be subject only to the provisions of this section and of the rules adopted hereunder, and may be exercised by regulation or by order as the administrative assistant sees fit. Section 4.09. Unclassified and Classified Service. (a) The unclassified service shall comprise the following offices and positions: (1) Mayor, members of the city council, and other elective officers and persons appointed to fill vacancies in elective offices; (2) Administrative assistant, city clerk, city attorney, city recorder; (3) Members of boards and commissions in the city's service; (4) Part-time and temporary employees; (b) The classified service shall comprise all positions not specifically included by this section in the unclassified service.

Page 2882

Section 4.10. Classification. (a) The administrative assistant shall prepare an up-to-date record of the authority, duties and responsibilities of each position in the classified service. Within one (1) year after the appointment of the first administrative assistant under this Section, the administrative assistant shall prepare and submit to the mayor and council a plan of classification and grading of all such positions according to similarity of authority, duties and responsibilities. Such plan shall take effect when adopted by the mayor and council. (b) Changes in the classification plan which the administrative assistant deems desirable may be recommended and adopted from time to time in the same manner as herein provided for the original adoption of the plan. (c) As promptly as practicable after the adoption of the classification plan, and after any amendment thereof, the administrative assistant shall, with the approval of the mayor and council, allocate each position in the classified service to the appropriate class therein on the basis of its authority, duties and responsibilities. Thereafter, as new positions are created or additional classes are established, or existing classes are divided, combined, altered, or abolished, the administrative assistant shall make such allocations or reallocations of positions to new or existing classes as are necessitated thereby. (d) Following the adoption of the classification plan and the allocation to classes thereon of positions in the classified service, the class title set forth therein shall be used to designate such positions in all official records, documents, vouchers and communications, and no person shall be appointed to or employed in a position in the classified service under any class title which has not been approved by the administrative assistant as appropriate to the duties to be performed. (e) Employees affected by the allocation or reallocation of a position to a class, or by any changes in the classification plan, shall be afforded a reasonable opportunity to be

Page 2883

heard thereon after filing with the administrative assistant a written request for a hearing. Section 4.11. Promotions. Vacancies in higher positions in the classified service of the city shall, as far as practicable, be filled by promotion from lower classes following competitive tests; provided, that in case the administrative assistant so directs, such positions shall be filled by competitive tests open not only to city officers and employees serving in lower classes, but also to persons not in the service of the city. A change from a position in any class to a position in another class for which a higher maximum rate of pay is prescribed shall be considered a promotion. The administrative assistant shall, to the extent he considers such actions desirable, indicate the principal or normal lines of promotion from and to each class to the class specifications or in regulations. Section 4.12. Pay Plan. The administrative assistant shall prepare for the mayor and council a standard schedule of pay for each position in the classified service. The administrative assistant shall submit the pay plan to the mayor and council with such changes as he deems desirable and such plan shall take effect when adopted by the mayor and council. The pay plan adopted by the mayor and council shall include a minimum and a maximum and such intermediate rates as may be deemed desirable for each class of position. Amendments to the pay schedule may be adopted by the mayor and council, from time to time, upon recommendation of the administrative assistant. In increasing or decreasing items in the city budget, the mayor and council shall not increase or decrease any individual salary items but shall act solely with respect to classes of positions as established in the classification and pay plans. In no event shall the mayor and council reduce the salary of a class below the minimum or raise it above the maximum salary established by the pay plan except by amendment of the pay plan. Section 4.13. Oaths. For the purpose of the administration of the personnel provisions of this charter, any member

Page 2884

of the personnel board shall have the power to administer oaths. Section 4.14. Prohibitions. No persons in the classified service of the city or seeking admission thereto shall be appointed, promoted, reduced, removed or in no way favored or discriminated against because of his political or religious opinions and affiliations. No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certification or appointment held or made under the personnel provisions of this charter or in any manner commit or attempt to commit any fraud preventing the impartial execution of such personnel provisions or of the rules and regulations made thereunder. No officer or employee in the classified service of the city shall continue in such position after becoming a candidate for nomination or election to any public office. No person seeking appointment to or promotion in the classified service of the city shall either directly or indirectly give, render or pay any money, service or other valuable thing to any person for or on account of or in connection with his test, appointment, proposed appointment, promotion or proposed promotion. No person shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose whatever from any person holding a position in the classified service of the city. No person holding a position in the classified service of the city shall make any contribution to the campaign funds of any political party or any candidate for public office or take any part in the management, affairs or political campaign of any political party, or any candidate further than in the exercise of his rights as a citizen to privately express his opinion and to cast his vote. Any person who by himself or with others, willfully or corruptly violates any of the provisions of this Section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than one thousand dollars ($1,000.00) or by imprisonment for a term of six (6) months or by both such fine and imprisonment. Any person who is convicted under this Section shall, for a period of five (5)

Page 2885

years, be ineligible for appointment to or employment in a position in the city service and shall, if he be an officer or employee of the city, immediately forfeit the office or position he holds. ARTICLE V FISCAL ADMINISTRATION Section 5.01. Fiscal Year. The fiscal year of the city government shall begin on the first day of July and shall end on the thirtieth day of June of each year, but a different fiscal year may be fixed by ordinance for the entire city government. Said fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of every office, department, agency and activity of the city government, unless otherwise provided by law. Section 5.02. Mayor and Council to Prepare Annual Budget. On or before a date fixed by the mayor and council, but not later than forty-five (45) days prior to the beginning of each fiscal year, the mayor and council shall prepare an operating budget for the next fiscal year, showing separately for the general funds, each utility, and each other fund the following: (a) the revenue and expenditure during the preceding fiscal year; (b) appropriations and estimated revenue and expenditures for the current fiscal year; (c) estimated revenue and recommended expenditures for the next fiscal year; (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding fiscal year and estimated assets, liabilities, reserves, and surplus at the end of the current fiscal year; and (e) such other information and data as may be considered necessary by the mayor and council.

Page 2886

Section 5.03. Action by Mayor and Council on Budget. Before the beginning of the fiscal year, the mayor and council shall adopt an appropriate ordinance, based on the budget, with such modifications as the mayor and council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office and agency unless otherwise directed by the mayor and council. The mayor and council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, lives, safety or general welfare of the inhabitants of the city; provided the mayor and council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriations ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose. Section 5.04. Additional Appropriations. The mayor and council may make appropriations in addition to those contained in the current operating budgets, at any regular or special meeting called for such purpose, but any additional appropriations may be made only from an existing unappropriated surplus. Section 5.05. Capital Improvements Budget. (a) On or before a date fixed by the mayor and council but not later than forty-five (45) days prior to the beginning of each fiscal year, the mayor and council shall prepare a capital improvements budget with appropriate recommendations as to the means of financing such improvements. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending or in the process of construction or acquisition. (b) Before the beginning of the ensuing fiscal year, the mayor and council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the mayor and council considers necessary or desirable. No appropriations provided for in the capital improvements budget shall lapse until the purpose

Page 2887

for which the appropriations were made shall have been accomplished or abandoned; provided, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year; provided, however, that any amendment as provided for above shall be effective only to change the expenditures for items included in the capital improvements budget. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the mayor and council. (c) In the case of a public emergency threatening the lives, health, safety or property of inhabitants, the mayor and council may authorize an expenditure for the construction of any building, structure, work or improvement not included in the capital improvements budget. Any such expenditure for items not included in the capital improvements budget shall become effective only upon adoption by a threefourth's vote of the membership of the council. Section 5.06. Annual Audit. The mayor and council shall employ a certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report with the mayor and council and shall prepare a summary of the report which shall be furnished or made available to the mayor and council. Section 5.07. Publication of Financial Statement. As soon as practicable after the close of the fiscal year, but within six (6) months after the close thereof, the mayor and council shall cause to be published in a local newspaper, a statement of financial condition which shall contain a statement of revenues and expenditures showing all municipal accounts as of the close of such preceding fiscal year. Such statement of financial condition shall be prepared so as to fairly represent the general financial condition of the city, as of the close of the preceding fiscal year. Section 5.08. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1, in each year, shall be returned for taxes on or before April 1. If such return is not made by the property owner, the Clayton County Board of Tax Assessors shall assess

Page 2888

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. Section 5.09. Tax Levy. The mayor and council shall have the right to levy a tax on all property in said city, not to exceed fifteen (15) mills per annum, the rate to be determined by a Resolution supported by a majority vote and entered on the minutes. Provided, however, before any taxes may be levied and collected in said city, the tax rate shall be approved by a majority of the electors voting in a special election conducted by the City of Lovejoy in which the question of fixing or changing the tax rate shall be presented to the electors. Section 5.10. Tax Due Date and Tax Bills. The city shall send tax bills to taxpayers showing the assessed valuation as fixed by the Clayton County Board of Tax Assessors, 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 November 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. Section 5.11. 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.

Page 2889

Section 5.12. Transfer of Executions. The Clerk of the City of Lovejoy shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer, or any other assessment in the same manner, upon the same terms, and to the same effect, and thereby vest the purchaser or transferee with the same rights as in cases of sales or transfers of fi. fas., as now provided by law; and all sales of property hereafter made under execution in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, are authorized to redeem same within the same time and in compliance with the same terms and payment of the same premium, interest and costs, as in cases of redemption of property where sold under State or county ad valorem tax fi. fa. as the same now exists or as may from time to time be provided by law. ARTICLE VI ELECTIONS Section 6.01. Regular Elections; Time for Holding and Taking Office. The regular elections for mayor and councilmen, as provided herein, shall be held on the second Saturday in November. Officials elected at any regular election shall assume office on the first Monday in January next following such election. Section 6.02. Qualification of Candidates. Any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the city clerk at least fifteen (15) but not more than forty-five (45) days as provided by ordinance, prior to the date fixed for the holding of such election. In the case of a special election, said notice must be filed at least ten (10) but not more than thirty (30) days, as provided by ordinance, prior to the date fixed for the holding of such election. His notice of candidacy shall be accompanied by such qualification fee, if any, as may be required by ordinance, provided, however, such qualification fee shall not exceed one hundred dollars ($100.00). Section 6.03. Qualification of Electors. Any person meeting the qualifications of an elector of members of the General

Page 2890

Assembly under State law who has been a bona fide resident of the City of Lovejoy for ninety (90) days next preceding the election in which he desires to vote, or for such period as may otherwise be provided by the Georgia Municipal Election Code, shall be qualified to register as an elector in any city election held under this charter. Section 6.04. Applicability of General Laws. Except as otherwise provided by this charter, the election of all officials of the City of Lovejoy where provision is made for election by the qualified electors thereof, shall be conducted as to special or general elections in conformity so far as applicable with the provisions of the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as it now exists or may hereafter be amended. Whenever any time period established by said Election Code is altered so as to change or supersede any time period provided herein, it shall be considered that the time periods provided herein will be correspondingly changed so as to avoid any conflict between this charter and the general laws of the State. Section 6.05. Time of Election. The polls shall be opened from 7 o'clock a.m. local time to 7 o'clock p.m. local time. Section 6.06. Place of Elections. The polling place or places for holding elections shall be prescribed by the mayor and council and shall be published in the election notice as required by law; provided, however, any change in a polling place shall be effected as provided by section 34A-604 of the Georgia Municipal Election Code as it now exists or may hereafter be amended. Section 6.07. Voter Registration. In all elections held in the City of Lovejoy, whether special or general elections, the electors, in addition to the qualifications already prescribed, shall be registered as may be prescribed by ordinance. Secton 6.08. Rules. The mayor and council is hereby authorized to enact by ordinance such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections.

Page 2891

Section 6.09. Call for Elections. Any call for an election which is required to be made by the laws of this State shall be made by the mayor and council. Section 6.10. Absentee Ballots. The mayor and council may provide by ordinance for absentee ballots for any city election. ARTICLE VII RECORDER'S COURT Section 7.01. Creation. There is hereby established a court to be known as the Recorder's Court, City of Lovejoy, which shall have jurisdiction and authority to try offenses against laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance, and to punish also any person who may counsel, 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 Lovejoy constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and to prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper for the conduct of said court. The presiding officer of such court shall be known as the recorder. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the mayor and council. Section 7.02. Recorder. (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of twenty-one (21) years, shall be a resident

Page 2892

of Clayton County. Compensation of the recorder shall be fixed by the mayor and council. (b) Before entering on duties of the office, the recorder shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly, and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council. Section 7.03. Jurisdiction. The recorder shall have power to impose fines, costs and forfeitures for the violations of any law or ordinance of the City of Lovejoy passed in accordance with this charter; for each offense, in an amount not to exceed two hundred fifty dollars ($250.00), to imprison offenders for a period of not more than ninety (90) days, or at labor on the roads and streets or other public works of said city for not more than ninety (90) days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of one hundred dollars ($100.00) or imprisonment not exceeding twenty (20) days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so as to enable him to issue warrants for offenses committed within the limits of the City of Lovejoy which warrants may be executed by any officer of said city; and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal 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 Lovejoy. 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,

Page 2893

police courts, and particularly such laws as authorize administering oaths. Section 7.04. Right of Appeal. The right of appeal to the Superior Court of Clayton County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals from the probate court, provided, however, any person shall have ten (10) days to file such appeal. An appeal to the superior court shall be a de novo proceeding. Unless otherwise prescribed by ordinance, all bonds required on appeal shall be the same as prescribed for appeal bonds for appeals from the probate court as established by State law. Section 7.05. Court Costs. In all cases in the Recorder's Court of the City of Lovejoy, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing the costs in the justice of the peace courts of said State, or the mayor and council may establish a schedule of fees to defray the costs of operation. The mayor and council may also provide a uniform scale of costs of the clerk and police officers of said city for all services in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment in the city treasury. The recorder is hereby authorized to use subpoenas to compel the attendance of witnesses at said recorder's court and to issue such other processes as may be necessary for the proper administration of said court. Section 7.06. Rules of Court. With the approval of the mayor and council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures to the operation of the superior courts under the general laws of the State of Georgia.

Page 2894

ARTICLE VIII SEVERABILITY Section 8.01. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. ARTICLE IX REPEALER Section 9.01. An Act creating and incorporating the Town of Lovejoy in the County of Clayton, approved September 26, 1891 (Ga. L. 1890-91, Volume II), as amended by an Act approved August 24, 1905 (Ga. L. 1905, p. 955), as amended by an Act approved August 17, 1929 (Ga. L. 1929, p. 1157), as amended by an Act approved April 2, 1963 (Ga. L. 1963, p. 2723) is hereby repealed in its entirety. Section 9.02. Notwithstanding any other provisions herein contained, this Act is not intended to and shall not be applicable to regulation of or over the property, activity, rates, services or operations of any electric supplier as defined in the Georgia Territorial Electric Service Act (Ga. L. 1973, p. 200). Section 9.03. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2895

Georgia, Fulton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher News/Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Dec. 24, 31, 1974, Jan. 7, 1975. Notice to introduce local legislationa new charter. /s/ Jim Wood Notice of Intent to Introduce Local Legislation to Create a New Charter for the City of Lovejoy, Georgia, Clayton County, Georgia. Notice is hereby given that a bill shall be introduced in the 1975 session of the General Assembly to incorporate the City of Lovejoy, in Clayton County, Georgia, under a new charter to describe the city limits; provide for municipal government; provide for municipal officials, their election or appointment, term of office, salary and duties; empower said municipality to levy and collect taxes and other revenue and to expend the same; and for other purposes. Gerald K. Floyd Mayor, City of Lovejoy Lovejoy, Georgia Sworn to and subscribed before me this 7th day of February 1975. /s/ Helen W. Jenkins Notary Public, Georgia, State at Large. My Commission expires Sept. 26, 1978. (Seal). Approved April 14, 1975.

Page 2896

CLINCH COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 155 (House Bill No. 957). An Act to amend an Act placing the sheriff of Clinch County upon an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2897), as amended, so as to change the compensation of the sheriff; to change the provisions relative to the automobiles used by the sheriff; to change the automobile expense allowance for travel outside Clinch 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 Clinch County upon an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2897), 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 sheriff shall receive an annual salary of not less than $9,000 and not more than $12,000, the exact amount thereof to be fixed and determined by the governing authority of Clinch County. Whenever the governing authority of Clinch County shall raise the annual salary of the sheriff to a figure which shall exceed $10,000 per annum, the governing authority shall publish a notice of their intention to do so in the official organ of Clinch County once a week for three weeks prior to such action taking place. The compensation of the sheriff shall be paid in equal monthly installments from the funds of Clinch County. Salary. Section 2. Said Act is further amended by striking in its entirety section 10 and substituting in lieu thereof a new section 10 to read as follows: Section 10. The governing authority of Clinch County may furnish the sheriff with such automobiles as may be required for him to adequately perform the official duties of his office. Such automobiles shall be equipped with shortwave

Page 2897

radios. The governing authority of Clinch County may be responsible for the insurance, operating expenses, maintenance, repair and replacement of such automobiles. Automobiles. Section 3. Said Act is further amended by striking from section 12 the following: 10, and substituting in lieu thereof the following: `5, so that when so amended, section 12 shall 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 Clinch County attending official business. Upon the approval of the governing authority of Clinch County, expenses for travel outside the territorial limits of the county by personal automobile shall be payable or reimbursed at the rate of 15 per mile to the person owning such automobile, payable monthly from the funds of Clinch County. Expenses. Section 4. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clinch County. Personally appears before the undersigned officer, duly qualified to administer oaths, Iverson H. Huxford, who on oath deposes and says that he is publisher of The Clinch County News, Homerville, Ga., that said publication is the official organ of said City and County, and that the following

Page 2898

legal notice was duly published in said publication on the following dates: January 31, 1975, February 7, 1975, February 14, 1975. /s/ Iverson H. Huxford Affiant Notice of Intention to Introduce Local Legislation. Notice is hereby given that pursuant to the recommendation of the Clinch County Grand Jury and the Board of Commissioners of Clinch County there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Clinch County upon an annual salary, so as to change certain of the provisions relative to the payment of the expenses incurred within the Sheriff's department; and for other purposes. This 22nd day of January, 1975. Ottis Sweat, Jr. Representative, 150th District Sworn to and subscribed before me, this 21st day of February, 1975. /s/ Beulah Nettles Notary Public, Clinch County, Ga. (Seal). Approved April 14, 1975. CALHOUN COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 156 (House Bill No. 959). An Act to amend an Act placing the sheriff of Calhoun County upon an annual salary, approved March 30, 1965

Page 2899

(Ga. L. 1965, p. 2946), as amended, so as to change the compensation of the sheriff; to change the provisions relating to the payment of the expenses 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 Calhoun County upon an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2946), as amended, is hereby amended by deleting in its entirety section 2 and substituting in lieu thereof the following: Section 2. The sheriff shall receive an annual salary of not less than $9,000 nor more than $15,000, the exact amount of which shall be fixed by the governing authority of Calhoun County, to be paid in equal monthly installments from the funds of Calhoun County. Salary. 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. The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Calhoun County. 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 becomes law without his approval. Effective date.

Page 2900

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, pursuant to a Resolution of Calhoun County Commissioners, that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a Bill amending an Act changing the compensation of Sheriff of Calhoun County, Georgia; and for other purposes. This 31st day of January, 1975. Willis A. DuVall County Attorney 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 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Courier which is the official organ of Calhoun County, on the following dates: February 6, 13, 20, 1975. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me, this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 14, 1975.

Page 2901

COMPENSATION TO MR. AND MRS. GERALD F. THRIFT AUTHORIZED. No. 5 (House Resolution No. 54-210). A Resolution. Compensating Mr. and Mrs. Gerald F. Thrift; and for other purposes. Whereas, at some time during the period of July fifth to July seventh, 1974, a color television, stereo receiver and stereo tape player were stolen from the apartment of Mr. and Mrs. Gerald F. Thrift on the campus of the Georgia Institute of Technology; and Whereas, the theft of these articles of personal property was accomplished through use of a key, responsibility for the supervision of which was vested with the Georgia Institute of Technology; and Whereas, the total loss to Mr. and Mrs. Thrift due to this theft amounted to $450; and Whereas, the theft occurred through no fault or negligence on the part of Mr. and Mrs. Thrift, 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 Board of Regents of the University System of Georgia is hereby authorized and directed to pay the sum of $450.00 to Mr. and Mrs. Gerald F. Thrift as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Board and shall be in full and complete satisfaction of all claims against the State arising out of occurrence. Approved April 14, 1975.

Page 2902

PERRY REDEVELOPMENT AUTHORITY ACT. No. 161 (House Bill No. 999). An Act to create the Perry Redevelopment Authority; to define certain terms; to provide for the composition of the Authority, its powers, duties and compensation of members; to provide for the purposes of the Authority; to provide for revenue bonds; to provide that such powers of the Authority provided by this Act are supplemental to powers conferred by other laws; to provide for an advisory committee to the Authority; to provide for public funds; to provide for the liberal construction of the Act; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Creation of Authority. There is hereby created a public body, corporate and politic, in the County of Houston to be known as the Perry Redevelopment Authority. Said Authority hereinafter shall be referred to as the Authority and said Authority shall have the powers, rights, duties and obligations set forth herein and as otherwise provided by law. Section 2. Definitions. As used in this Act, the following words and terms shall have the following meanings: (a) Authority shall mean the Perry Redevelopment Authority created by this Act. (b) City shall mean the City of Perry, Georgia. (c) County shall mean Houston County, Georgia. (d) Member shall mean a member of the Authority established by this Act. (e) Advisory committee shall mean the committee established in Section 7 of this Act as an advisory committee

Page 2903

to the Authority in matters relating to the revitalization and redevelopment of the Perry downtown area. (f) Project shall mean any undertaking of the Authority in connection with the redevelopment or revitalization of urban, central city or downtown areas within the City of Perry. (g) Project areas shall mean those urban, central city or downtown areas within the City of Perry selected by the Authority for redevelopment, revitalization or improvement pursuant to the procedures set forth in this Act. Section 3. Composition and Organization of Authority. (a) The Authority shall consist of nine members to be appointed by the Mayor and City Council of the City of Perry, Georgia. The members of said Authority shall be residents of Houston County. (b) Vacancies in the membership of the Authority shall be filled by the Mayor and City Council of the City of Perry, Georgia; provided, however, that a member of the Authority whose term has expired shall continue to serve until his successor has been duly appointed, and in the event of a vacancy for any reason other than the expiration of the term, the remaining members of the Authority shall continue to be vested with all of the powers, rights, duties and obligations set forth herein or otherwise provided by law. (c) After the initial appointments for the initial terms set forth in this Act, the appointment of a member shall be for a three-year term beginning January 1 of the year of his appointment. Initially, three members shall be appointed for a term ending December 31, 1975; three members shall be appointed for a term ending December 31, 1976; and three members shall be appointed for a term ending December 31, 1977. Any appointment to fill a vacancy shall be for the remainder of the term of the member vacating. (d) Each member of the Authority shall have attained the age of 21 years and shall have been a resident of the

Page 2904

county for at least one year prior to his appointment. No officer or employee of the county or city shall be eligible for appointment to the Authority. If at any time during his term a member shall cease to be resident of the county or shall become an officer or employee of the county or city, he shall cease to be a member of the Authority. No person may serve more than two consecutive full terms as a member of the Authority. No action taken by the Authority shall be void by reason of the disqualification of a member until the disqualification shall be brought to the attention of the other members of the Authority in writing, and one month has expired since the receipt of said notice and the action sought to be void was taken after said one-month period. (e) The members of the Authority shall not be entitled to compensation, pension or other retirement benefits on account of service on the Authority but shall be entitled to receive traveling expenses and other actual expenses incurred in the performance of their duties of office. (f) The Authority shall elect a chairman, vice chairman and a secretary-treasurer, each of whom shall serve for one year or until his successor is chosen. The Authority shall adopt and promulgate rules governing its procedures and shall hold regular meetings not less than once each quarter. Special meetings may be held upon the call of the chairman or any three members of the Authority. A majority of the membership shall constitute a quorum for the purpose of meeting and transacting business. Each member of the Authority shall have one vote. (g) Upon the effective date of this Act, the members of the Authority shall organize and enter upon the performance of their duties. Section 4. Purposes of Authority. It is hereby determined, declared and established that the creation of the Authority and the implementation of the corporate purposes set forth in this Act are in all respects for the benefit of the people of this State and that the Authority is a public corporation; and it is further declared that the revitalization and redevelopment of the urban, central city and downtown

Page 2905

areas of the City of Perry (project areas) are proper public purposes and this law is adopted for the purpose of promoting and expanding for the public good and welfare the public facilities of said areas, including the construction of streets, roadways, parks, malls, transportation systems, vehicular parking facilities and any and all other necessary and desirable appurtenances to the revitalization and modernization of said project areas; and it is further declared that the expenditure of public funds for such purposes by said Authority is and shall be in the public interest. It is further found, determined and declared that all property of said Authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of the general public welfare in matters of cultural development, education, pleasure, convenience and recreation of the public at large, in an effort to better the general condition of society, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society. All the property, income, obligations and interest on the obligations of the Authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes. Section 5. Powers of the Authority. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions set forth in this Act, including, but not limited to, the power: (a) To sue and be sued. (b) To adopt and amend a corporate seal. (c) To make and execute contracts and other instruments necessary to exercise the power of the Authority. Such contracts may be made with the city, the county, the State of

Page 2906

Georgia or the United States of America, or may be made with one or more municipal corporations, or may be made with the county and a single municipal corporation or multiple municipal corporations. The county and all such municipalities are hereby authorized to enter into contracts with the Authority. The Authority may also contract with private legal entities or persons. (d) To receive and administer gifts, grants and devises of any property and to administer trusts. (e) To acquire by purchase, gift or construction any real or personal property desired to be acquired as a part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof. (f) To sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein. (g) To mortgage, convey, pledge or assign any properties, revenues, income, tolls, charges or fees owned or received by the Authority. (h) To issue revenue obligations for the purpose of providing funds for carrying out the purpose of the Authority. (i) To appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants, architects and employees and to provide their compensation and duties. (j) To acquire property through the exercise of the right of eminent domain or public purposes and to acquire by purchase, gift or lease any property owned by the city or county which has been acquired through the exercise of the right of eminent domain by the city or county; provided, however, that said Authority shall acquire such properties through the exercise of such power of eminent domain only in a manner prescribed by law for the exercise of such power by counties and municipalities in the State and only upon

Page 2907

payment of just and fair compensation as required by the Constitution and laws of this State; provided, further, that the Authority shall not acquire property through the exercise of the right of eminent domain unless the Authority is granted prior written approval for such actions by the governing authorities of the city for property located in the city, or the county for property located in the county but not in the city, or by the Georgia Public Service Commission for property owned by a public utility. (k) To construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the Authority or from any contribution or loans by persons, firms or corporations or any other contribution, all of which the Authority is hereby authorized to receive and accept and use. (l) To issue revenue bonds for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Revenue Bond Law, approved March 31, 1937 (Ga. L. 1937, p. 761), as heretofore or hereafter amended. Such revenue bonds or obligations shall be authorized by resolution of the Authority, which may be adopted at a regular or special meeting by a majority vote of the members of said Authority. The Authority in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and

Page 2908

be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said Authority are hereby declared to be tax exempt for any and all purposes. As security for the payment of any revenue bonds so authorized, any property, real or personal, of an Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered. Any such Authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment or principal or interest or upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia, in behalf of the State, and each county, municipal corporation, political subdivision and taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof. (m) To make or cause to be made studies and analyses of economic changes taking place in the downtown areas of Perry and Houston County and of the impact of metropolitan growth upon those areas. (n) To prepare a plan or plans for the development and redevelopment of such downtown areas (such plan or plans shall be coordinated with governmental planning boards and agencies but the Authority shall have the ultimate responsibility for preparation of such plan or plans). (o) To implement any general plan of development in the urban, central or downtown areas which have been approved by the county and the municipality in which said development is located by:

Page 2909

(1) coordinating development and redevelopment by public and private enterprise; (2) encouraging private development and redevelopment in a manner consistent with the plan; (3) from time to time, proposing such revisions in the plan as appear to the Authority to be appropriate and in the best interest of the city, consistent with the purposes of this Act; (4) constructing, acquiring, repairing and operating any public development or project covered by the plan or coordinating any of the foregoing among other governmental agencies; (5) in coordination with said planning boards or agencies, develop long-range plans designed to halt the deterioration of property values in the urban, central city and downtown areas and encourage property owners to implement the plans to the fullest extent possible; (6) to acquire in the best interest of the public, for public purposes only, on such terms and conditions and in such manner as it may deem proper, and to own, convey and otherwise dispose of and to lease as lessor and lessee, any land and any other property, real and personal, and any rights and interests therein which it may determine to be reasonably necessary in furtherance of its other powers under this Act, and to grant and acquire licenses, easements and options with respect thereto; (7) to improve land, construct, reconstruct, equip, improve, maintain and repair parking facilities, parks, plazas, malls, walkways and other public facilities and any necessary or desirable appurtenances thereto within project areas; (8) to fix, charge and collect fees, rents and charges for the use of any project, any part thereof and any facilities furnished thereby, and of any property under its control,

Page 2910

and to pledge such revenue to the payment of revenue bonds issued by it. (p) To have and exercise any and all of the usual powers of private and public corporations except such as are inconsistent with this Act, including the power to adopt and amend bylaws and regulations for the conduct and management of the Authority. (q) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested. (r) To designate officers to sign and act for the Authority generally or in any specific matter. (s) To do any and all acts and things necessary or convenient to accomplish or to complement the purpose and powers of the Authority as herein stated. Section 6. Powers Declared Supplemental and Additional. The foregoing sections of this Act shall be deemed to be supplemental and in addition to powers conferred by other laws. Section 7. Advisory Committee. The Mayor and City Council of Perry by resolution may establish an advisory committee to the Authority. Said committee shall be composed of from ten to 20 citizens of Houston County and said committee shall be charged with the responsibility to make recommendations to the Authority in connection with the redevelopment of project areas. It shall be the responsibility of the city to advise the Authority of the composition of the committee and to notify the Authority of changes in membership from time to time. The terms of members of the committee shall be in the discretion of the mayor and city council. Section 8. Public Funds. The City of Perry and the County of Houston, either and both, are authorized and permitted to provide public funds to the Authority for the

Page 2911

purposes of the Authority set forth in this Act; provided, however, that the debts of the Authority shall not constitue debts of the State nor of any city, town, municipality or county thereof. Section 9. Liberal Construction of Act. This Act, being for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Section 10. 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 11. 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 1975 session of the General Assembly of Georgia a bill to create a Perry Downtown Redevelopment Authority and provide for its powers and duties; and for other purposes. This 29th day of January, 1975. /s/ Larry Walker Representative 115th District Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 2912

duly authorized to administer oaths, Larry Walker 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 Houston Home Journal which is the official organ of Houston County, on the following dates: January 30, February 6, 13, 1975. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 26th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 15, 1975. CERTAIN COUNTIESSALARIES OF DEPUTIES OF TAX COMMISSIONERS FIXED. (18,100-18,250). No. 163 (House Bill No. 1202). An Act to fix the compensation of the deputies of the tax commissioners in all counties of this State having a population of not less than 18,100 and not more than 18,250 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. In all counties of this State having a population of not less than 18,100 and not more than 18,250 according to the United States Decennial Census of 1970

Page 2913

or any future such census, the deputies of the tax commissioner shall each receive a salary of not more than $577.00 per month, payable from the funds of such counties. Beginning January 1, 1976, such deputies shall each receive a salary of not more than $600.00 per month, payable from the funds of such counties. 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. Approved April 15, 1975. CERTAIN COUNTIESSALARIES OF DEPUTIES OF SUPERIOR COURT CLERKS FIXED. (18,100-18,250). No. 164 (House Bill No. 1203). An Act to fix the compensation of the deputies of the clerk of the superior court in all counties of this State having a population of not less than 18,100 and not more than 18,250 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. In all counties of this State having a population of not less than 18,100 and not more than 18,250 according to the United States Decennial Census of 1970 or any future such census, the deputies of the clerk of the superior court shall each receive a salary of not more than $577.00 per month, payable from the funds of such counties. Beginning January 1, 1976, such deputies shall each receive a salary of not more than $600.00 per month, payable from the funds of such counties. Salaries.

Page 2914

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 15, 1975. CATOOSA COUNTYSHERIFFALLOWANCE FOR FEEDING PRISONERS CHANGED. No. 174 (House Bill No. 678). 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, so as to change the allowance of the sheriff for feeding county 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 Catoosa County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2663), as amended, is hereby amended by striking from the last sentence of section 1 the following: $2.00, and inserting in lieu thereof the following: $2.50, so that when so amended, the last sentence of section 1 shall read as follows: In addition thereto, the sheriff shall receive $2.50 per day per prisoner for the purpose of feeding same. Amount.

Page 2915

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 laws without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newpaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: Jan. 9, 16, 23, 1975. /s/ Jim Caldwell Notice of Intent to Apply For Local Legislation. Notice is hereby given that there will be requested at the January 1975 Session of the General Assembly of the Office of State of Georgia, Local Legislation to increase funds for the Catoosa County Sheriff's Department for the boarding (food) of prisoners. This the 6th day of January, 1975. Lee Roy Brown, Sheriff, Catoosa County, Georgia Sworn to and subscribed before me, this the 8th day of February, 1975. /s/ Mary R. Sutherland Notary Public. My Commission Expires 11-2-77. (Seal). Approved April 17, 1975.

Page 2916

PAULDING COUNTY BOARD OF COMMISSIONERS CREATEDREFERENDUM. No. 175 (House Bill No. 717). An Act to create a Board of Commissioners for Paulding County; to provide for the membership of said Board; to provide for the election, qualification, terms, powers, compensation and duties of the Chairman and other members of said Board; to provide for other matters relative to said Board of Commissioners and relative to the government of Paulding County by said Board; to provide for all matters relative to the foregoing; to provide for a referendum; to provide for effective dates; to repeal specific Acts; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Chairman and Board of Commissioners Created. There is hereby created in and for the County of Paulding a Board of Commissioners to be elected and organized as hereinafter set forth, which Board of Commissioners, also to be known as the Commission, shall constitute the governing authority of said County and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. Section 2. Composition of Board. (a) The Commission established herein shall consist of three members, of which one member shall be known as Chairman and two members shall be known as Commissioners. The Chairman and two Commissioners shall be elected by a majority vote of the voters of the entire County voting at the elections provided for hereinafter. Positions on the Board shall be Chairman and Commissioner Posts 1 and 2, and all candidates for membership on the Board shall designate the position for which they are offering. (b) The Chairman shall be a citizen of this State who has attained the age of 30 years and who has been a resident of Paulding County for not less than two years next preceding

Page 2917

his election, and shall hold no other elective public office. The Chairman shall be a full voting member of the Board. (c) Members of the Commission, other than the Chairman, shall be citizens of this State who have attained the age of 25 years and who have been residents of Paulding County for not less than one year next preceding their election, and shall hold no other elective public office. Section 3. Election and Term of Commission Members. The first members of the Board of Commissioners created herein shall be elected as follows: The Chairman and Commissioner Post 1 shall be elected for a four-year term in the general election held for members of the General Assembly in 1976 and their term shall commence on January 1, 1977. Commissioner Post 2 shall be elected for a two-year term at the general election held for members of the General Assembly in 1976 and his term shall commence on January 1, 1977. Thereafter, all successors shall be elected at the general election immediately preceding the expiration of 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. Restrictions on Qualifying for Other Office. Neither the Chairman nor any Commissioner shall be qualified to offer for election to any position on the Board other than the one in which he is serving without first resigning from the position in which he at that time is serving. Section 5. Election Returns; Vacancies. All elections for members of the Board of Commissioners created by this Act shall be held and conducted in accordance with the provisions of Code Title 34, known as the Georgia Election Code, as now or hereafter amended. In the event of a vacancy in the office of Chairman or a Commissioner whose unexpired term exceeds 180 days, it shall be the duty of the Judge of the Probate Court of Paulding County to call a special election for the filling of such vacancy, which election shall be governed by the provisions of said Georgia Election Code relative to special elections for the filling of vacancies. In the event such unexpired term does not exceed

Page 2918

180 days, it shall be the duty of the remaining members of the Commission to fill vacancies by appointment. All persons elected or appointed to fill vacancies pursuant to the provisions of this Section shall serve for the remainder of the unexpired term of any such office. 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 expired. The petition for any such recall election must be signed by not less than 35% of the qualified registered voters of said County and shall be filed in the office of the Judge of the Probate Court of said County. No such petition shall be filed with said Judge of the Probate Court, however, unless there is attached thereto a certificate executed by the registrar or deputy registrar having charge of voters' registration cards in Paulding 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 35% of such voters. 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 said Judge of the Probate Court, it shall be his duty to call an election to be held not more than 30 days from the date of filing 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 on the question of the recall of such officer. Said Judge of the Probate Court 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.

Page 2919

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 Commissioners shall subscribe an oath before the Judge of the Probate Court of said County for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the Chairman shall further give a satisfactory surety bond to be judged by said Judge of the Probate Court of the County and payable to the Judge of the Probate Court or his successor in office and filed in the office of the Judge of the Probate Court, in the sum of $50,000.00, conditioned upon the faithful performance of the duties of the office. Each Commissioner shall give like bond in the sum of $10,000.00. The costs of said bonds shall be paid out of the County treasury. Section 8. Compensation. (a) Commissioners, other than the Chairman, shall be paid as their entire compensation for services as same, the sum of $3,600.00 per annum, payable monthly, to be paid out of the County treasury upon warrants drawn upon the county treasury. The Chairman shall receive as his entire compensation for services as same the sum of $15,000.00 per annum, payable monthly, also to be paid out of the County treasury upon warrants drawn upon the County treasury. Except as otherwise provided by subsection (b) hereof, the salary so fixed shall constitute the entire compensation from all public sources to which said Chairman or either Commissioner shall be entitled. The Chairman and other Commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office. (b) The Board of Commissioners shall be authorized to provide the Chairman with a County-owned automobile which the Chairman may use in carrying out his official duties, and County funds may be expended for the operation and maintenance of said automobile. The Board of Commissioners

Page 2920

may provide by ordinance or resolution for the reimbursement from County funds of actual and necessary expenses incurred by the Chairman and other Commissioners in carrying out their official duties. 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 two Commissioners, provided all members of the Commission shall have been notified at least one day 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 two Commissioners or the Chairman and any one Commissioner shall constitute a quorum, but no official action shall be taken except upon the affirmative vote of at least two Commissioners or one Commissioner and the Chairman. The Chairman shall be entitled to the same voting rights as other Commissioners on questions considered by the Commission. Section 10. The Chairman. The Chairman shall be the chief executive officer of the County government, and shall generally supervise, direct and control the administration or the affairs of the County pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the Commission in regard to matters reserved to the exclusive jurisdiction of the Commission. The Chairman shall preside over meetings of the Commission. The Chairman shall establish rules and regulate purchasing services for all County departments, offices and agencies. He shall be further authorized to make purchases for the County in amounts not exceeding $1,000.00. Section 11. The Commission. (a) The Commission shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules and regulations governing all matters reserved to its exclusive jurisdiction, which policies, rules and regulations, when so adopted, with proper entry thereof made on the

Page 2921

Commission minutes, shall be conclusive and binding on the Chairman. The policies, rules and regulations so adopted by the Commission shall be carried out, executed and enforced by the Chairman as chief executive officer of the County, and the Commission shall exercise only those administrative powers which are necessarily and properly incident to its functions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said Chairman which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the Commission shall be null, void and of no effect. (b) The following powers are hereby vested in the Commission and reserved to its exclusive jurisdiction: (1) To levy taxes. (2) To make appropriations. (3) To fix the rates of all other charges. (4) To authorize the incurring of indebtedness. (5) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment. (6) To authorize contracts, except purchases otherwise provided for herein, involving the expenditure of county funds. (7) To establish, alter or abolish public roads, private ways, bridges and ferries, according to law; provided, however, that the Chairman shall have the authority to accept subdivision plats when the requirements established by the Commission for subdivisions have been met. (8) To establish, abolish, or change election precincts and militia districts according to law. (9) To allow the insolvent lists for the county.

Page 2922

(10) To accept, for the County, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the County, or by the Commissioner or Board of Commissioners of the County. (11) To exercise all powers, duty and authority heretofore imposed upon or vested in the Commissioner of Paulding County in respect to zoning and planning. (12) To create and change the boundaries of special taxing districts authorized by law. (13) To fix the bonds of County officers where same are not fixed by statute. (14) To enact any ordinances or other legislation the County may be given authority to enact. (15) To determine the priority of capital improvements. (16) To call elections for the voting of bonds. (17) To exercise all of the power and authority heretofore vested by law in the Commissioner of Paulding County, together with the power and authority which may hereafter be delegated by law to the governing authority of the County, by whatever name designated, except such authority or power given to the Chairman by the provisions of this Act. (18) To make purchases of not less than $1,000.00 nor more than $5,000.00 which, in the discretion of its members, are deemed necessary for the operation of the County. (19) To make purchases in amounts over $5,000.00, provided, however, that for any purchases in such amounts, advertisements for bids shall be first published for two (2) consecutive weeks in the official organ of Paulding County. Formal, sealed bids, after said advertising has been published, must be obtained on all purchases of $5,000.00 or more. Advertisement and the obtaining of formal sealed bids may be dispensed with when, in the discretion of the

Page 2923

Commission, an emergency exists which will not permit a delay. Section 12. Implementation of Constitutional Amendment. (a) Pursuant to the authority of an amendment to Article XV, Section II, of the Constitution of 1945, ratified at the general election held on November 7, 1972, as set forth in Ga. L. 1972, p. 1444-1446, the Board of Commissioners of Paulding County shall have the powers provided by this Section. (b) In addition to all powers enumerated elsewhere in this Act or otherwise provided or permitted by law, the Board of Commissioners 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 Board 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: (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 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

Page 2924

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 slowmoving vehicles; to regulate and control, by permits or otherwise, and to prohibit entirely the times, routes and manner of conduct of parades, motorcades and other assemblages of all such vehicles, and public address systems or other noise-making devices on such streets and public places, to regulate and control the manner of operation of all such vehicles along, over and across all such streets and ways so as to prohibit and prevent the careless and reckless operation of same in such manner as would be hazardous to persons or property; to regulate and control in any and all of the foregoing respects all travel by pedestrians and equestrians along, over and across such streets, ways and other public places; and to do any and all things to provide for the safety of persons and property using such roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and other public places and of persons and property situated adjacent thereto; and any and all things necessary or incident to accomplishment of any of the foregoing powers, including the authority to require registration of the enumerated vehicles and of their owners and to prescribe standards of mechanical safety for such vehicles and qualifications of operators thereof; to provide for regulation of business licenses in all unincorporated areas. To carry out all or any of the foregoing powers, said Board is hereby empowered

Page 2925

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 Board may seem appropriate and the Superior Court of Paulding County may punish for violations thereof by fines or imprisonment, or both, not to exceed those set forth in said Act or in this Act or in the ordinances adopting same, and said Board 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 Board, and to further promote adequate health and quarantine provisions in said County in addition to those otherwise provided by law, and to this end said Board 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. (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 unicorporated area of said County; to prevent the keeping of any animal or animals or to regulate the manner and numbers

Page 2926

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 Board 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 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 unicorporated area of said County, and to prescribe penalties and punishment for violation of such ordinances. (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

Page 2927

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 Board 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 authorizing a service charge for such service. (10) To authorize the Board of Commissioners 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 unicorporated 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 said Board 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; 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;

Page 2928

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 quasipublic 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. (c) 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 jurisdiction unless expressly excluded herein and the Board of Commissioners shall have the power to enforce such ordinances by civil action, or injunction, or as otherwise provided herein. (d) The Board of Commissioners of Paulding County is hereby authorized to adopt ordinances prescribing penalties or punishment for violation of any and all ordinances adopted by said Board of Commissioners to carry out any of the foregoing provisions of this Section or the provisions of any other law, and to prescribe minimum and maximum penalties 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. (e) The Board of Commissioners of Paulding County is hereby vested with all powers necessary and incident to the accomplishment and enforcement of any of the foregoing powers and duties. Section 13. Reports of Officers. The Commission shall

Page 2929

be empowered to require of all County officers to make reports on the general or specific conduct of the financial affairs of their respective offices. Section 14. Appointment of County Officials and Employees. Subject to the qualifications and limitations set out in this Act, the Chairman shall have the exclusive power and authority to appoint, remove and fix the compensation of, within budgetary provisions and in accordance with civil service and merit system laws of Paulding County which may now be in force or subsequently adopted, all employees and officials of the County, except as to: (a) Boards or positions created by State statute, and (b) elected officers and employees under their supervision and control. Such appointments or removal shall be subject to approval by the Commission in the case of the Comptroller and the County Attorney. The fixing of compensation shall in every case be subject to approval by the Commission. It is specifically provided that the elected County officials shall have the sole authority to appoint the personnel within their respective offices subject to civil service and merit system laws of Paulding County which may now be in force or subsequently adopted, but the Commission shall have the authority to approve each salary of such employee. Section 15. Appointment to Statutory Positions. The appointment and removal of, and the compensation to be paid to persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the Chairman, subject to the approval of the compensation therefor by the Commission, within budgetary provisions. Section 16. Departments. (a) The internal organization of the County government hereby established subordinate to and as administrative instrumentalities of the Commission shall be divided into the following departments: (1) Finance. (2) Water and sewer.

Page 2930

(3) Public works. (4) Public safety. (5) Fire. (6) Parks and recreation. (7) Law. (8) Buildings and inspections. (9) Zoning and planning. (b) Additional departments may be created, or any two or more departments may be consolidated, from time to time, by a majority of the Commission, except that the Department of Finance shall be maintained at all times as a separate and distinct department. Section 17. Department of Finance. (a) The Department of Finance shall be under the supervision and control of the Paulding County Comptroller. The Comptroller shall be appointed by the Commission and shall be directly responsible to them. He shall have a bachelors or masters degree with a major in accounting or the equivalent thereof from an accredited college or university or shall have had at least five years of experience in public accounting or five years experience in accounting work for a Federal, State, County, or municipal governmental agency. His compensation shall be fixed by the Commission. (b) The Department of Finance shall, pursuant to the resolutions adopted by the Commission and instructions given by the Chairman, perform the following functions: (1) Keep and maintain accurate records reflecting the financial affairs of the County. (2) Compile the annual budget covering all funds. (3) Make quarterly allotments of monies appropriated

Page 2931

and budgeted to each department, office or agency of the County entitled to receive same. (4) Maintain current accounts over the collection and deposit of monies due the County from taxes and other sources. (5) Examine all claims against the County and make recommendations as to payment. (6) Maintain budgetary control accounts showing encumbrances for obligations entered into, liquidation of such encumbrances, unencumbered balances of allotments, unexpended balances of allotments, and all unallotted balances of appropriations. (7) Maintain proprietary accounts of the current assets and of the liabilities of all County funds. (8) Prepare and issue semiannually financial reports of the operations of all County funds. (9) Maintain property control records of all County property, including equipment and stores, and supervise stores. (10) Plan and prepare for meeting the financial needs of the County, project financial requirements, recommend a means of financing those requirements and advise the Chairman and Commission on financial matters. (11) Perform such other duties as may be assigned by the Chairman or the Commission or both. Section 18. Records; Minutes. The Comptroller shall be ex officio clerk of the Commission and Chairman, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the Commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceedings of the Chairman. The minute books of the Chairman and Commission shall be open to the public inspection

Page 2932

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 Commission in an amount sufficient to defray the cost of preparing same. Section 19. Budget and Appropriations. The Chairman shall submit annually to the Commission, not later than June 1, a proposed budget governing expenditures of all County funds, including capital outlay and public works projects, for the following year. The Commission 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 Paulding County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the Commission at the first regular meeting in August of the year to which it applies, which budget, when so adopted or amended by the Commission, shall constitute the commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the Commission 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 Chairman shall be accompanied by a report containing information and data relating to the financial affairs of the County pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the Chairman to the grand jury of the Superior Court of Paulding County within ten days from the time such budget or amendment thereof is adopted by the Commission. Section 20. Expenditures by Allotments. No expenditures of County funds shall be made except in accordance with the County budget, or amendments thereto, adopted by the Commission. The Chairman shall enforce compliance with this provision by all departments of County government, including those for elected officers, and to this end shall, through the Comptroller and the Department of Finance,

Page 2933

institute a system of quarterly allotments of all monies appropriated and budgeted. Section 21. Audits. The Commission shall on or before July 31 annually employ a certified public accountant for the making of an annual continuous audit of County finances and financial records. The accountant so employed shall be paid out of County funds, and shall perform a complete audit of the financial records of the County for the ensuing year, pointing out any irregularities found to exist, and reporting the results of such audit to the Commission at least semiannually. Each semiannual and annual report submitted to the Commission shall be filed with the Department of Finance and be made available to public inspection as other records in such office. The Commission shall cause to be published in the official organ of Paulding County and posted at the courthouse door a statement of the financial condition of the County as of December 31 and June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Paulding County a copy of each semiannual and annual report furnished by him to the Commission. Section 22. Agreement of Candidates. It shall be unlawful for any candidate, either for the office of Chairman or Commissioner, or for nomination to either of such offices, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of the Chairman or Commission, and any person so offending shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in the Code of Georgia. Section 23. Officials Not to be Interested in Contracts. Neither the Chairman nor any member of the Commission nor 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 contract to which the County is a party, either as principal, surety or otherwise; nor shall such officer, his partner, agent, servant, or employee of a firm of which he is a member or by whom he

Page 2934

is employed purchase from or sell to the County any real or personal property, goods, or services. Any contracts 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 section 23-1714 of the Code of Georgia of 1933. Section 24. 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 Judge of the Probate Court of Paulding 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 Judge of the Probate Court 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 Judge of the Probate Court shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Paulding County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act creating a Board of Commissioners of Paulding County be approved? All persons desiring to vote in favor of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Paulding County. It shall be the duty of the Judge of the Probate Court 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 Judge of the Probate Court 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 25. Effective Date. This Act, when approved

Page 2935

and ratified by the voters of Paulding County in the referendum provided for in Section 24 of this Act, shall become effective on and after January 1, 1977, except that the provisions herein contained authorizing election in 1976 of officers whose terms commence on January 1, 1977, shall become effective upon approval of this Act in said referendum. Section 26. Specific Repealer. An Act creating the office of Commissioner of Roads and Revenues for Paulding County, approved March 6, 1962 (Ga. L. 1962, p. 3059), as amended, by an Act approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2249), by an Act approved March 6, 1967 (Ga. L. 1967, p. 2092), by an Act approved March 21, 1970 (Ga. L. 1970, p. 3084), by an Act approved March 27, 1972 (Ga. L. 1972, p. 2730), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 3184), shall stand repealed in its entirety, effective January 1, 1977, if this Act is approved at the referendum election provided for by section 24 of this Act. Section 27. 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 1975 Session of the General Assembly of Georgia, a bill to create a Board of Commissioners for Paulding County; to provide for all matters relative thereto; to provide for a referendum; and for other purposes. This 27th day of December, 1974. George H. Kreeger, A. L. Burruss, Joe Mack Wilson, G. Robert Howard, Bill Cooper, Representatives Haskew Brantley, Senator

Page 2936

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 Dallas New Era which is the official organ of Paulding County, on the following dates: January 23, 30, and February 6, 1975. /s/ George H. Kreeger Representative 21st District Sworn to and subscribed before me, this 11th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF AUGUSTACHARTER AMENDEDADDITIONAL PENSION FUND INVESTMENTS AUTHORIZED. No. 176 (House Bill No. 900). An Act to amend an Act creating the charter of the City of Augusta, approved January 31, 1798 (Ga. L. 1798), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1070) and an Act approved March 21, 1968 (Ga. L. 1968, p. 2457), so as to provide for additional investments in which pension funds of the City of Augusta may be invested; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2937

Section 1. An Act creating the charter of the City of Augusta, approved January 31, 1798 (Ga. L. 1798), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1070), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2457), is hereby amended by deleting from section 3 of the amendatory Act, approved February 25, 1949 (Ga. L. 1949, p. 1070), the following sentence: The comptroller shall be the custodian of such fund and shall deposit the same in a bank or banks, and, pursuant to the direction of the pension fund investment committee, which committee shall consist of the chief executive officer of the city, the comptroller and the chairman of the finance committee of the city council of Augusta, shall invest and reinvest, from time to time, any portion thereof not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds; and in addition thereto, in bonds and debentures assumed or guaranteed by any solvent corporation or institution existing under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa) or AA (Aa), or in lieu thereof, provided such bonds or debentures are the type in which domestic life insurance companies are permitted to invest under the provisions of section 56-1016 of the Code of Georgia of 1933, as amended by an Act approved March 8, 1960 (Ga. L. 1960, pp. 289, 479)., and substituting in lieu thereof the following: The comptroller shall be the custodian of such fund and shall deposit the same in a bank or banks, and, pursuant to the direction of the pension fund investment committee, which committee shall consist of the chief executive officer of the city, the comptroller and the chairman of the finance committee of the city council of Augusta, shall invest and reinvest, from time to time, any portion thereof not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds; and in addition thereto, in bonds and debentures assumed or guaranteed by any solvent corporation or institution existing

Page 2938

under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa), AA (Aa), or A(a), or in lieu thereof, provided such bonds or debentures are the type in which domestic life insurance companies are permitted to invest under the provisions of section 56-1016 of the Code of Georgia of 1933, as amended by an Act approved March 8, 1960 (Ga. L. 1960, pp. 289, 479). Investment Committee. 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 local legislation will be introduced at the January-February 1975 Session of the General Assembly of Georgia and make it possible for the City Pension Funds to be invested in Class A Bonds; and for other purposes. Samuel F. Maguire City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: December 31, 1974 and January 7, 14, 1975. /s/ Jack Connell Representative, 87th District

Page 2939

Sworn to and subscribed before me, this 20th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. AUGUSTA PORTS AUTHORITY ACT AMENDEDADDITIONAL MEMBERS PROVIDED. No. 177 (House Bill No. 901). An Act to amend an Act creating the Augusta Ports Authority, approved March 10, 1959 (Ga. L. 1959, p. 2761), so as to provide for additional members of the 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. An Act creating the Augusta Ports Authority, approved March 10, 1959 (Ga. L. 1959, p. 2761), is hereby amended by deleting from section 3 the word five and substituting in lieu thereof the word nine, so that when so amended section 3 shall read as follows: Section 3. Membership. The Authority shall consist of nine members who shall serve for a term of five years and who shall be eligible for reappointment. The members shall be elected by a majority of The City Council of the City of Augusta. The first members shall be elected for terms of one, two, three, four and five years, and thereafter their successors shall be elected to serve a term of five years. Vacancies shall be filled for the unexpired term by The City Council of Augusta. A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority

Page 2940

to act. No member shall be a member of The City Council of Augusta, but there shall be no other disqualification to hold public office by reason of membership in the Authority. Section 2. The initial members of the Authority added by the provisions of section 1 of this Act shall be appointed by the City Council of Augusta for terms of office of one, two, three and four years, respectively. Thereafter, their successors shall be appointed for terms of office of five years and until their successors shall be appointed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that Local Legislation will be introduced at the January-February 1975 Session of the General Assembly of Georgia to amend the Augusta Port Authority Act to enlarge the membership to nine (9) members; and for other purposes. Samuel F. Maguire City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: December 24, 31, 1974 and January 7, 1975. /s/ Jack Connell Representative, 87th District

Page 2941

Sworn to and subscribed before me, this 20th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. AUGUSTA-SAVANNAH RIVER PARKING AND URBAN REDEVELOPMENT AUTHORITY ACT. No. 178 (House Bill No. 1031) An Act to create the Augusta-Savannah River Parking and Urban Redevelopment Authority; to establish said Authority as a public body corporate and politic and as an instrumentality of the State of Georgia; to provide for the membership of the authority and the terms of its members; to authorize the Authority to exercise certain powers including the right and authority to acquire, construct, improve, alter, repair and maintain properties within the Augusta-Savannah River area of the State of Georgia for the purpose of providing improvements for the public good of urban, central city and downtown areas located therein, including the right and authority to acquire, construct, add to, extend, improve, equip, maintain and operate parking lots, parking garages, parking decks and other parking structures and facilities useful or desirable in connection therewith; to impose duties on the Authority; to authorize the Authority to execute leases and contracts with any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the Authority to incur debt by promissory notes or the issuance of revenue bonds of the Authority and to provide for the collection of revenues, rents and earnings by the Authority for the amortization and payment of such revenue bonds or other debts incurred by said Authority and

Page 2942

the pledging of said revenues or other funds for such purposes; to authorize the execution of contracts, trust instruments, deeds to secure debt and the encumbrancing of the Authority's property to secure the payment of bonds, debts or other evidence of indebtedness; to provide rights for the holders of bonds or other debts of the Authority; to provide that the debts of the Authority shall not constitute debts of the State nor of any political subdivision thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon and all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of bonds of the Authority and the security therefor; to provide for the severability of the provisions of this act; to provide for an effective date; to repeal all laws and parts of law in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Creation of Authority. There is hereby created a public body corporate and politic to be known as the Augusta-Savannah River Parking and Urban Redevelopment Authority which shall be an instrumentality and a public corporation of the State of Georgia. By that name, style, and title said Authority may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. Section 2. Definitions. As used in this Act, the following words and terms shall have the meaning set forth hereinbelow: (a) The term Authority means the Authority created by this Act. (b) The term member means a member of the Authority established by this Act. (c) The term project means any undertaking of the Authority in connection with the redevelopment or revitalization of urban, central city or downtown areas within the

Page 2943

project areas, and shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of parking lots, parking garages, parking decks, parking structures or similar undertakings and all facilities useful or desirable in connection with such undertakings, extensions and improvements of such facilities, and the acquisition of the necessary property therefor, both real and personal, in order to alleviate traffic congestion in the project areas and thereby better protect the lives and property of residents of the same and others using streets and roads therein, all of which will accomplish the essential public purpose for which said Authority is created hereunder. (d) The term project areas means those urban, central city or downtown areas within the Augusta-Savannah River area of the State of Georgia selected by the Authority for redevelopment or improvement pursuant to the authorization and provisions set forth in this Act. (e) The term cost of the project shall embrace the cost of construction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equipment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construction and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred for any of the foregoing purposes shall be regarded as part of the cost of the project or projects and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project or projects.

Page 2944

Section 3. Purposes of Authority. (a) It is hereby determined, declared and established that the creation of the Authority and the implementation of the corporate purposes set forth in this Act 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 it is further declared that the revitalization and redevelopment of the project areas is a proper public purpose and this Act is adopted for the purpose of promoting and expanding for the public good and welfare the public facilities of said areas including the construction of streets, roadways, parks, malls, and transportation systems, and for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating parking lots, parking garages, parking decks and other parking structures and any and all other facilities useful or desirable in connection therewith, 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 or desirable for and incident to the efficient and proper development, revitalization, modernization, and operation thereof. (b) It is further found, determined, and declared that all property of said Authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public, and the use of such property pursuant to the terms of this Act shall be and is hereby declared to be for public and governmental purposes, that is, for the promotion of the general public welfare in matters of cultural development, education, pleasure, convenience and recreation of the public at large, in an effort to better the general condition of society, or that considerable part of society residing in said Augusta-Savannah River area of the State of Georgia, which promotion is hereby declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all the property, income, obligations, and interest on the obligations of the Authority and the transfer thereof shall be and hereby are declared to be nontaxable for any and all purposes.

Page 2945

Section 4. Composition and Organization of Authority. (a) The Authority shall consist of the following seven (7) members and two (2) ex officio members who shall be eligible to succeed themselves and whose terms of office as members of the Authority shall expire on the date shown following their names: David Peet three (3) years James C. Cullum three (3) years Frank Delley three (3) years William A. Garrett three (3) years Graeme Keith two (2) years J. W. Weltch two (2) years Brice Newman two (2) years The ex officio members shall be the Mayor of the City of Augusta and the Chairman of the Finance and Appropriations Committee of the City Council of Augusta. The ex officio members shall serve in an advisory capacity only, with no voting authority. (b) Appointments to fill vacancies on the Authority shall be accomplished by nomination from the Mayor of the City of Augusta and confirmed by the City Council of Augusta. Following the initial appointments to the Authority hereby made, all appointments shall be for three (3) year terms. The appointment of any person selected to fill any unexpired term at any time shall be only for the remainder of such term. (c) The members of the Authority shall organize and enter upon the performance of their duties immediately after the effective date of this Act. (d) The Authority shall elect one of its members as Chairman and one as Vice-Chairman, and shall elect a Secretary-Treasurer who may but need not necessarily hold membership on the Authority. (e) Four members of the Authority shall constitute a quorum, and no vacancy on the Authority shall impair the

Page 2946

right of the quorum to exercise all the rights and perform all the duties of the Authority at every meeting, and in every instance a majority vote of a quorum shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds. (f) The members of the Authority shall not be entitled to compensation for their services, but may be reimbursed by the Authority for their actual expenses properly incurred in the performance of their duties. Each member of the Authority shall hold office until his successor shall have been elected. The Authority shall make rules and regulations for its own government and may retain, employ, and engage professional and technical supervisors, assistants, and experts and other agents and employees, temporary or permanent, as it may require. The members of the Authority shall be accountable in all respects as trustees, and the Authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings, and of all income and receipts of every nature and all expenditures of every kind. Section 5. Powers of the Authority. The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions set forth in this Act including, but without limiting the generality of the foregoing, the power: (a) To sue and be sued; (b) To adopt and amend a corporate seal; (c) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with private legal entities and others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; any such political subdivision shall have and

Page 2947

hereby is given the right and power to make such contracts, and the rentals contracted to be paid by the lessee or tenants to the authority under such contract or contracts entered into pursuant to the provisions of this Act shall constitute general obligations of the political subdivision for the payment of which the full faith and credit of such political subdivision shall be and the same hereby is pledged to provide the funds required to fulfill all obligations arising under any such contract; and any such political subdivision which shall have entered into such a contract pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract include in a general revenue or appropriation measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full, and such revenues shall be and hereby are unconditionally obligated to the payment of such sums. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such political subdivision are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract. The amount of the appropriation in each fiscal year to meet the obligations of such contract as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract, and such appropriation shall have the same legal status as if the contracting political subdivision had included the amount of the appropriation in its general revenue or appropriation measure, and such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made; and said political subdivision be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of said political subdivision and any other available funds thereof, and to obligate said political subdivision to make payment thereof to the Authority upon such terms as may be provided in any such contract entered into by and between the Authority and said political subdivision, in order

Page 2948

to enable the Authority to pay the principal of and interest on any of its bonds as the same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property so furnished by said Authority; (d) 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; (e) To accept loans and/or grants of money or materials or property of any kind from the United States of America, the State of Georgia, or any agency, instrumentality or political subdivision thereof, upon such terms and conditions as the United States of America, the State of Georgia, or such agency, instrumentality, or political subdivision may require; (f) To receive and administer gifts, grants, and devises of any property and to administer trusts; (g) To acquire by purchase, gift or donation any real or personal property desired to be acquired as a part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof; (h) To sell, lease, exchange, transfer, assign, pledge, mortgage or dispose of, or grant options for any such purposes, any real or personal property or interest therein; (i) To mortgage, convey, pledge or assign any properties revenues, income, tolls, charges or fees owned or received by the Authority;

Page 2949

(j) To issue revenue obligations for the purpose of providing funds for carrying out the purpose of the Authority, and to provide for the payment of the same and for the rights of the holders thereof; (k) To appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants and employees and to provide their compensation and duties; (l) To acquire by purchase, gift or lease any property owned by a political subdivision which has been acquired or damaged through the exercise of the right of eminent domain by said political subdivision; (m) To construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the Authority or from any contribution or loans by persons, firms or corporations, or any other contribution, all of which the Authority is hereby authorized to receive and accept and use; (n) To borrow money and to issue notes or revenue bonds for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to or improving such project, or for the purpose of refunding any such bonds of the Authority theretofore issued. Such revenue bonds shall be issued and validated under and in accordance with the applicable provisions of the Revenue Bond Law of the State of Georgia (Chapter 87-8 Annotated Code of Georgia) as heretofore or hereafter amended. As security for the payment of any revenue bonds so authorized, any property, real or personal, of the Authority may be pledged, mortgaged, conveyed, assigned, hypothecated or otherwise encumbered and said Authority may execute any trust agreement or indenture containing any provisions not in conflict with law for the security of such bonds, which trust agreement or indenture may provide for foreclosure or forced sale of any property of the Authority upon default on such bonds either in payment of principal or interest or

Page 2950

upon default in the performance of any term or condition contained in such agreement or indenture. The State of Georgia on behalf of the State and each county, municipal corporation, political subdivision and taxing district therein hereby waives any right it or such county, municipal corporation, political subdivision or taxing district may have to prevent the forced sale or foreclosure of any property of the Authority so mortgaged or encumbered and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; (o) To make or cause to be made studies and analyses of economic changes taking place in project areas and of the impact of metropolitan growth upon those areas; (p) To prepare a plan or plans for the development and redevelopment of such project areas; such plan or plans may be coordinated with governmental planning boards and agencies but the Authority shall have the ultimate responsibility for preparation of such plan or plans; (q) To implement any general plan of development in the project areas which have been approved by the political subdivision in which said development is located; (r) To have and exercise any and all of the usual powers of private and public corporation which are not in conflict with the Constitution and the laws of the State of Georgia, including the power to adopt and amend bylaws and regulations for the conduct and management of the Authority; (s) To accumulate its funds from year to year and to invest accumulated funds in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested; (t) To designate officers to sign and act for the Authority generally or in any specific matter; (u) To do any and all acts and things necessary or convenient to accomplish or to complement the purpose and powers of the Authority as herein stated.

Page 2951

Section 6. Revenue Bonds. (a) 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 revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable and may be secured by a pledge of rents, fees, charges, and other revenues of, and by the mortgage of, all or any part of the project or projects financed in whole or in part with the proceeds of such bonds or with the proceeds of bonds called and refunded or to be called and refunded by such bond issue. 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 the bonds. (b) 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. (c) All such bonds shall be executed with the engraved, imprinted, stamped, or otherwise reproduced facsimile of the signature of the Chairman of the Authority and the corporate seal of the Authority shall be thereunto impressed or a fascsimile thereof imprinted or otherwise reproduced and attested by the manually executed signature of the Secretary-Treasurer of the Authority and any coupons attached

Page 2952

thereto shall bear the facsimile signature of said Secretary-Treasurer. In case any officer whose signature shall appear on the bonds or coupons shall cease to be such officer before 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 delivery, and such bonds may, nevertheless, be issued and delivered as though the person who signed or sealed such bonds had not ceased to be such officer, and any of such bonds may be executed and sealed on behalf of said Authority by such officers who may, at the time of the execution of such bonds, hold the proper offices of said Authority although on the date of such bonds or on the date of any lawful proceedings taken in connection therewith such persons may not have held such offices. (d) All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the laws of the State of Georgia, subject to provisions for registration. (e) 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. (f) 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. (g) The Authority may also provide for the replacement of any bonds and coupons which shall become mutilated or be destroyed or lost. (h) Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution,

Page 2953

providing for the issuance of revenue bonds under the provisions hereof 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. (i) Revenue Bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the State of Georgia or any political subdivision thereof which may contract with said Authority. No contracts entered into by the Authority with any such political subdivision shall create a debt of such political subdivision of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such political subdivision may obligate itself to pay the payments required under such contracts, as herein set out, from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia. (j) 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; and may also require that the security given by contractors and by any depositary of the

Page 2954

proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State or of the United States 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 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 7. 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 such resolutions or trust indentures may provide. Section 8. 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 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

Page 2955

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 9. 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 10. Funding and 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

Page 2956

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 11. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Richmond 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. Section 12. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law of the State of Georgia, as heretofore or hereafter amended. The petition for validation shall also make a party defendant to such action any 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 any such 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 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 any political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority. Section 13. Interest of Bondholders Protected. The Authority shall have perpetual existence, and, 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

Page 2957

impaired in any manner that will affect adversely the interests and rights of the holders of such bonds. Section 14. 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 its undertakings or projects; 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 15. Legal Investments. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all political subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all political subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Section 16. Property Not Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any

Page 2958

such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation. Section 17. Construction. This Act and all provisions, rights, powers and authority granted hereunder, being for the welfare of the State and its inhabitants, shall be liberally construed for the accomplishment of its purposes. Section 18. Powers Declared Supplementary. The provisions of this Act shall be regarded as supplementary and additional to powers conferred by other laws and shall not be regarded as being in derogation of any powers now existing. Section 19. Severability. 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 provision 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. Insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Section 20. Effective Date. This Act shall be effective immediately upon approval by the Governor or upon its becoming law without his approval, without regard to the provisions of Ga. L. 1958, p. 1364, as amended, condified in Ga. Code Ann. section 102-111. Section 21. Repeal. 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 Jan.-Feb. 1975 Sess. of the General Assembly of Georgia

Page 2959

a bill to create the Augusta-Savannah River Parking and Urban Redevelopment Authority; to provide for powers and duties of such Authority; to provide for 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 parking facilities; to provide for urban redevelopment; and to do all things necessary or incident thereto; to have all rights and privileges of a corporation generally, and to be a body politic and an instrumentality and public corporation of the State of Georgia; and for other purposes. Samuel F. Maguire, Attorney at Law Georgia, Richmond County. Personally appeared, W. S. Morris, III, who being duly sworn, deposes and says that he is the President of Southeastern Newspapers Corporation, publishers of the Augusta Herald, a daily newspaper in Augusta, Georgia, 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 following dates, to-wit: Jan. 3, 10, 17, 1975. /s/ W. S. Morris, III Sworn to and subscribed before me this 20th day of January 1975. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires Feb. 19, 1977. (Seal). Approved April 17, 1975.

Page 2960

HARRIS COUNTYELECTION OF MEMBERS OF BOARD OF EDUCATION PROVIDED, ETC.REFERENDUM. No. 179 (House Bill No. 1114). An Act to provide for the election of members of the Board of Education of Harris County; to provide that the Board of Education of Harris County shall consist of five members; to provide for education districts; to provide for initial and regular terms of office of members; to provide for the election of officers; to provide for the filling of vacancies; to provide for continuity in office; to provide that the board shall appoint the school superintendent; to provide for the compensation of the school superintendent; to provide for a referendum; to provide for other matters relevant thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The Board of Education of Harris County shall be composed of five members. The five members of the board shall be elected by the voters of the Harris County School District. Each member shall be a resident of the education district which he represents but shall be elected by a majority of the votes cast by the qualified voters of the entire county, provided that any voter residing in any independent school district not under the supervision of the county board of education shall not vote in any primary or election for any member of said board of education. In the event no candidate from a particular education district receives a majority of the votes, a runoff election shall be held as provided by law. (b) All members of the board of education shall be at least 21 years of age, registered electors entitled to vote for members of the General Assembly of Georgia and shall have resided in Harris County for at least two years immediately preceding the date of their election and in the

Page 2961

education district which they represent for at least one year immediately preceding the date of their election. Section 2. For the purpose of electing members of said Board of Education of Harris County, the county shall be divided into education districts as follows: Election. (a) Hamilton District, composed of Georgia Militia Districts 672, 762, 786 and 1853. (b) Pine Mountain District, composed of Georgia Militia Districts 703 and 1247. (c) Cataula District, composed of Georgia Militia District 696. (d) Waverly Hall District, composed of Georgia Militia Districts 695 and 934. (e) Mountain Hill District, composed of Georgia Militia Districts 679, 707, 717, 920 and 1186, and those portions of Georgia Militia Districts 781 and 1884 lying outside the city limits of the City of West Point within the County of Harris as the same now or may hereafter exist. Section 3. There shall be one member of the Board of Education of Harris County elected from each of the Education Districts Hamilton, Pine Mountain, Cataula, Waverly Hall and Mountain Hill. Any person desiring to run for the board shall designate the board district for which he is a candidate. At the general election held in November, 1976, the five members of said board of education shall be elected for terms as hereinafter provided. The three members elected from the Cataula, Waverly Hall and Mountain Hill Districts shall be elected for terms of four years and until their successors are elected and qualified. The two members elected from the Pine Mountain and Hamilton Districts shall be elected for initial terms of two years and until their successors are elected and qualified. All members elected at said general election held in November, 1976, shall take office on the first Monday in January, 1977. Thereafter, all members shall be elected at the general election immediately

Page 2962

preceding the expiration of their respective terms of office for terms of four years and until their successors are elected and qualified and shall take office on the first Monday in January immediately following their election. Section 4. (a) In the event a vacancy occurs on the Board of Education of Harris County for any reason other than the expiration of the term of office, the remaining members of said board shall elect a person who shall be a resident of the education district in which the vacancy occurs to serve for the unexpired term; provided, however, in the event a majority of the board becomes vacant at any time, the Grand Jury of Harris County shall fill all such vacancies for the unexpired term, and when filled by the grand jury, the provisions relative to being a resident of the education district shall be complied with. In the event a member moves his residence from the education district he represents, a vacancy shall exist from such district and shall be filled in the same manner as other vacancies are filled. Vacancy. (b) At its first meeting each year, the members of the board shall elect, by a majority vote, one of their number to serve as chairman for that year and until the election of a chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the board and also as chairman of the board. Chairman. Section 5. The presently existing board of education shall continue in existence until such time as those persons duly elected and qualified under the provisions of section 3 assume office on the first Monday in January, 1977, at which time the terms of all the members of the present board shall expire and such board shall stand abolished. Section 6. The term of office of the present Harris County School Superintendent shall expire on December 31, 1976. Thereafter, the Board of Education of Harris County shall appoint the Harris County School Superintendent. The Harris County School Superintendent shall serve at the pleasure of the Board of Education of Harris County and may be removed only upon a vote of at least four members

Page 2963

of the board. The superintendent shall be compensated in accordance with regulations adopted by law and by the State Board of Education, and in addition the Board of Education of Harris County is hereby authorized to provide for such supplemental compensation as it deems necessary from funds available to the board. Section 7. 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 Judge of the Probate Court of Harris 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 Judge of the Probate Court 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 Judge of the Probate Court shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Harris County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the election of the Board of Education of Harris County and providing for the Board of Education of Harris County to 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 Harris County. It shall be the duty of the Judge of the Probate Court 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 Judge of the Probate Court 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 2964

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 1975 session of the General Assembly of Georgia, a bill to create a new Board of Education of Harris County to provide for the membership, compensation, and terms of office for the members thereof, to provide for the election of said members, to provide for the members of the Board to appoint the Superintendent of Schools of Harris County, to provide for the salary and terms of appointment of the Superintendent, to provide for a referendum, to provide for all matters relative to the foregoing, and for other purposes. W. Randolph Phillips, State Representative, William Pitts, Chairman, Harris County Board of Education Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips who, on oath, deposes and says that he is Representative from the 91st 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 13, 20, 27, 1975. /s/ W. Randolph Phillips Representative, 91st District Sworn to and subscribed before me this 7th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 2965

TOWN OF LUMPKINCHARTER AMENDEDUSE OF CERTAIN FUNDS FOR UTILITIES PROVIDED. No. 180 (House Bill No. 1125). 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 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 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.

Page 2966

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 1975 session of the General Assembly of Georgia a bill to amend an act creating a new Charter for the Town of Lumpkin, approved 12-18-1902 (Ga. L. 1902, p. 489), as amended, so as to eliminate certain prohibitions concerning the use of municipal funds to provide certain services; and for other purposes. This 17th day of February, 1975. Thomas S. Kemp, Mayor City of Lumpkin, Georgia 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 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart-Webster Journal which is the official organ of Stewart County, on the following dates: February 20, 27, and March 6, 1975. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me this 10th day of March, 1975. /s/ Susan Gordon Notary Public, George State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 2967

HANCOCK COUNTYSALARY OF TAX COMMISSIONER CHANGED, ETC. No. 181 (House Bill No. 1180). An Act to amend an Act creating the office of tax commissioner of Hancock County, approved February 9, 1956 (Ga. L. 1956, p. 2037), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3234), so as to change the compensation of the tax commissioner and his secretary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be enacted by the General Assembly of Georgia: Section 1. An Act creating the office of tax commissioner of Hancock County, approved February 9, 1956 (Ga. L. 1956, p. 2037), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3234), 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 tax commissioner shall be compensated in the amount of $10,000 per annum, to be paid equal monthly installments from the funds of Hancock County. For each four-year term of office, commencing after January 1, 1975, served by that person occupying the tax commissioner's office, said compensation shall be increased by an additional sum of $500 per annum. 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 receive a monthly salary not to exceed $500, payable out of the funds of Hancock 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.

Page 2968

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to amend an Act creating the office of Tax Commissioner of Hancock County, approved February 9, 1956 (Ga. L. 1956, p. 2037), as amended, so as to change the compensation of the tax commissioner and the secretary to the tax commissioner; and for other purposes. This 14 day of Jan., 1975. Culver Kidd, Senator, 25th District Roy Lambert, House District 112 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 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite Sparta, Georgia which is the official organ of Hancock County, on the following dates: January 23, 1975, January 30, 1975; and February 6, 1975. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me this 12th day of March, 1975. /s/ Dianne M. Covington Notary Public, George State at Large. My Commission Expires February 19, 1978. (Seal). Approved April 17, 1975.

Page 2969

DADE COUNTYPROVISIONS RELATING TO BUDGET OF SHERIFF CHANGED. No. 182 (Senate Bill No. 273). 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), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 2764), so as to provide that if the sheriff does not submit a proposed budget by a certain date, the budget for the current year shall be the budget for the ensuing fiscal year; to specify the maximum amount for the budget for the sheriff's office for certain fiscal years; 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), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 2764), is hereby amended by adding after the third sentence in the second paragraph of section 3A (a), the following: In the event that said budget for the ensuing year is not submitted to the governing authority by June 1 as set out above, the budget for the ensuing fiscal year for the sheriff's department shall be the same as the budget of the current fiscal year and the governing authority of the county may levy the tax assessment for the ensuing year in accordance therewith., and by striking in said paragraph, the following: in excess of $50,000 per annum, and substituting in lieu thereof, the following:

Page 2970

in excess of the following: (1) $50,000 per annum for fiscal years prior to the fiscal year beginning January 1, 1976, (2) $60,000 per annum for the fiscal year beginning January 1, 1976, and (3) $65,000 per annum for the fiscal year beginning January 1, 1977, and each fiscal year thereafter, so that when so amended, the second paragraph of section 3A (a) shall read as follows: 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. In the event that said budget for the ensuing year is not submitted to the governing authority by June 1 as set out above, the budget for the ensuing fiscal year for the sheriff's department shall be the same as the budget of the current fiscal year and the governing authority of the county may levy the tax assessment for the ensuing year in accordance therewith. The sheriff shall not submit nor shall the governing authority of Dade County approve a budget for the operation of the sheriff's office in excess of the following: (1) $50,000 per annum for fiscal years prior to the fiscal year beginning January 1, 1976,

Page 2971

(2) $60,000 per annum for the fiscal year beginning January 1, 1976, and (3) $65,000 per annum for the fiscal year beginning January 1, 1977, and each fiscal year thereafter. 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. 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 1975 Session of the General Assembly of Georgia, a bill 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), and by an Act approved April 17, 1973 (Ga. L. 1973, p. 2764), so as to provide for matters related to the budget of the Sheriff's Office; to repeal conflicting laws; and for other purposes. This 30th day of December, 1974. E. G. Summers, Senator, 53rd District 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

Page 2972

County Sentinel which is the official organ of Dade County, on the following dates: January 16, 23, 30, 1975. /s/ E. G. Summers Senator, 53rd District Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CHATTOOGA COUNTYPROVISIONS RELATING TO SHERIFF'S OFFICE CHANGED. No. 183 (Senate Bill No. 295). An Act to amend an Act placing the Sheriff of Chattooga County upon an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 2996), as amended, so as to change the provisions relative to deputies and other personnel of the Sheriff's office; to repeal the provisions relating to supplying food to prisoners in the county jail; to provide for an annual budget for the operation of the Sheriff's office; 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 placing the Sheriff of Chattooga County upon an annual salary, approved March 18, 1964 (Ga. L. 1964, p. 2996), as amended, is hereby amended by striking Section 2 in its entirey and substituting in lieu thereof a new section 2 to read as follows:

Page 2973

Section 2. (a) 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 within budgetary limitations as provided in Section 4 of this Act. 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. (b) 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 section 4 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 4. Expenses. Section 2. Said Act is further amended by striking section 3, which reads as follows: Section 3. The food which the sheriff would ordinarily be responsible for supplying for prisoners in the county jail shall, after the effectve date of this Act, be supplied by the county work camp and the sheriff shall no longer furnish food for such prisoners nor receive any funds whatsoever for any such food. In the event the county work camp is closed, or in the event it becomes impossible for such Camp to furnish the aforesaid food, the governing authority of the county shall contract with a local restaurant or restaurants for furnishing food to the prisoners., Repealer. in its entirety. Section 3. Said Act is further amended by striking section

Page 2974

4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. (a) The fiscal year of the Sheriff of Chattooga 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 Chattooga 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 for the ensuing year. Each proposed budget shall show the estimated amounts of all proposed expenditures for operation 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 Chattooga County all relevant and pertinent information concerning expenditures made in previous years and concerning the proposed expenditures, which said governing

Page 2975

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. If said governing authority disapproves the budget submitted by the sheriff, it shall enter its disapproval thereon in writing within 10 days from the filing of same in its office and shall transmit the same to the advisory board to the governing authority of Chattooga County, hereinafter created. (b) There is hereby created an advisory board to the governing authority of Chattooga County to make recommendations relative to the annual budget for the operation of the office of the sheriff in the event the sheriff and the governing authority of Chattooga County do not 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 Chattooga 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 Chattooga 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 Chattooga County. Said persons shall be appointed to terms of office of one (1) year each and until their successors are elected and qualified. (c) Upon receipt of such annual budget by the advisory board of the governing authority, it shall review the same and may recommend to the governing authority that the

Page 2976

budget be approved as submitted or may recommend such revision of the budget as said board shall determine. The advisory board shall make its recommendations to the governing authority within 10 days after the budget is submitted to the board. The governing authority shall give careful consideration to the recommendations of the advisory board but final approval of the budget shall be determined by said governing authority. If the governing authority rejects the recommendations of the advisory board, before the final decision of the governing authority on the budget, said governing authority shall set a time and date certain for the sheriff to appear and present evidence supporting the budget as submitted by him. (d) The advisory board may make recommendations 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 present and the decision of a majority of said members shall control. (e) The budget for the sheriff as finally determined and set by the governing authority of Chattooga County shall be filed in the office of the governing authority where it shall be kept as a part of the minutes of said office and 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 1976 fiscal year, the budget, with all amendments thereto, for the immediately preceding year shall continue in effect during the time provided herein for the review of the new budget by the governing authority and, when necessary, by the advisory board. When approved, the new budget, as finally approved by the governing authority, shall be retroactive to the first day of the fiscal year for which said budget is submitted. For the fiscal year 1975, the governing authority shall pay all sums which become due and payable under the budget submitted by the sheriff even though the budget might not have been approved by the governing authority; provided,

Page 2977

however, that if the governing authority disapproves one or more of the budgets submitted by the sheriff, the governing authority shall be authorized to revise such budget or budgets 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 approved shall be retroactive to the first day of the 1975 fiscal year. (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 5 days from the filing of same, enter its decision thereon. If the same is approved by the governing 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 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 10 days from the filing of same. The advisory board may make recommendations relative to any such amendment in the same manner as provided by subsection (c) hereof. 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, the reason for such need and the amount requested. The governing authority of Chattooga County shall be authorized to approve or disapprove any such amendment. If disapproved, the proposed amendment shall be submitted to the advisory board, within 10 days after the filing thereof, and the provisions of subsection (c) hereof shall apply to such proposed amendment. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2978

Notice of Intention to Introduce Local Legislation. Notice is hereby given that application will be made to introduce at the 1975 Session of the General Assembly of Georgia, a bill to abolish the present mode of compensating the Sheriff of Chattooga County; to provide in lieu thereof an annual salary, for such officer; to provide that other fees, costs and 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 periodical statements; to provide for the payment of the operating expenses of said officer; to provide for the employment of deputies, clerks, assistants and all other personnel required by such officer; to provide for the compensation of such personnel; to provide an effective date; to repeal conflicting law; and for other purposes. This 15th day of January, 1975. E. G. Summers, Senator, 53rd Senatorial District 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 Summerville News which is the official organ of Chattooga County, on the following dates; January 15, 22, 29, 1975. /s/ E. G. Summers Senator, 53rd District Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 2979

WILKES COUNTYBOARD OF COMMISSIONERS RECREATED. No. 184 (Senate Bill No. 307). An Act to recreate the Board of Commissioners of Wilkes County; to provide for commissioner districts; to provide for election of a chairman and term of office; to provide for election of members and terms of office; to require bonds and oaths; to provide for the filling of vacancies; to provide for a clerk; to provide for compensation; to designate a county signator; to provide for meetings of the board; to provide duties for the board; to provide for the specific repeal of certain laws; to provide for other matters relevant thereto; to repeal an Act creating a Board of Commissioners of Roads and Revenues of Wilkes County, approved August 4, 1917 (Ga. L. 1917, pp. 436-440), as amended by an Act approved December 17, 1953 (Ga. L., Nov. - Dec. Sess. 1953, pp. 2597-2599), an Act approved February 14, 1958 (Ga. L. 1958, pp. 2091-2096), an Act approved March 7, 1961 (Ga. L. 1961, pp. 2294-2297), an Act approved March 30, 1965 (Ga. L. 1965, pp. 2942-2943), an Act approved April 4, 1967 (Ga. L. 1967, pp. 2499-2500), and an Act approved April 3, 1972 (Ga. L. 1972, pp. 3337-3338); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Board of Commissioners of Wilkes County; Creation. There is hereby created a Board of Commissioners of Wilkes County to consist of five persons, each of whom shall be a qualified voter of said county, who together shall constitute a body for the consideration, direction and management of county affairs. Except as may otherwise be provided in this Act, the board shall have and be charged with the following duties: to manage and make contracts relative to county property, county funds and other things due and belonging to the county; to institute and defend suits on behalf of the county; to levy such general and special taxes as may be lawfully laid for county purposes; to borrow money to be used for county purposes on credit of the county in

Page 2980

such cases as money may be lawfully borrowed; to buy all machinery, implements, livestock and other things necessary for work on county projects; to establish and maintain road gangs; to manage the county jail; to audit all claims against the county; to employ auditors to audit the records of the various offices of the county and have same published; to have jurisdiction over all county buildings; to promote public health as provided by law when they deem it necessary; to grant and refuse such licenses as county authorities have a right to grant or refuse and to have full and complete jurisdiction over all county matters. The board of commissioners shall exercise all powers and authority in the disposition of county funds and in the designation of a county depository, as are conferred by general law, more specifically as provided by Chapter 89-8 of the Code of Georgia, as amended, and as may be hereafter amended. Section 2. Board; Chairman. The chairman of the board shall be elected by the voters of the entire county and he may reside in any district in the county. His term of office shall be for four years and until his successor is elected and qualified. The chairman shall be elected every four years at the same time as election for members of the General Assembly from Wilkes County is held. It shall be the duty of the chairman to preside at all meetings of the board, to approve and sign the minutes of each meeting and to issue and sign, as chairman, all orders and processes of said board and all warrants against the county treasury. The chairman shall be the general executive officer and head of the board, and is charged with the duty of seeing that all its orders and directions are carried out and that all agents, employees and officials serving under said board shall perform their duties and carry out the instructions imposed upon them by the board. Section 3. Commissioner Districts. (a) For the purpose of electing the remaining four members of the board, Wilkes County is hereby divided into four commissioner districts as follows: (1) Commissioner District No. 1 shall be composed of militia district #164 (Town).

Page 2981

(2) Commissioner District No. 2 shall be composed of militia district #175 (Upton); militia district #177 (Bussey); militia district #174 (Mackasookee); and militia district #176 (Pento). (3) Commissioner District No. 3 shall be composed of militia district #169 (Tyrone); militia district #171 (Irvin); militia district #168 (Donegal); militia district #166 (Derbyshire); and militia district #165 (Newtown). (4) Commissioner District No. 4 shall be composed of militia district #167 (Mallorys); militia district #181 (Broad River); militia district #180 (Goose Nest); militia district #178 (Jenkins); and militia district #179 (Anderson). (b) (1) Any person, in order to be eligible for membership on the board to represent a commissioner district, must reside in the district which he represents and each member from a commissioner district shall be voted on and elected by the voters of the entire county. When offering as a candidate for election to the board, a candidate must designate whether he is offering as a candidate from a district or as chairman. (2) Commissioners holding office upon the date of the adoption of this Act shall hold office until the expiration of the term for which they were elected. Beginning with the general election to be held in 1976, the commissioners from Commissioner Districts No. 1 and No. 2 shall be elected for a four-year term of office, and at the general election to be held in 1978, commissioners elected from Commissioner Districts No. 3 and No. 4 shall be elected for a four-year term of office. Section 4. Board; Compensation. The chairman of said board shall receive for his services the sum of $2,400.00 per year, payable monthly at the rate of $200.00. The remaining members of the board of commissioners shall receive for their services the sum of $50.00 per day when in actual attendance upon a meeting of said board, but in no case shall they receive more than $800.00 during any one calendar year.

Page 2982

Section 5. Board; Clerk. (a) The board of commissioners shall elect a clerk, whose duty it shall be to keep in wellbound books complete records of all the proceedings of said board of commissioners, and to do and perform all of the duties and services usual and incident to the position of clerk of such a board. Said clerk shall be elected to serve at the pleasure of the board, and he shall be paid a salary commensurate with the duties and requirements of his office, amount to be in discretion of the said board of commissioners, same payable monthly or semimonthly. Before entering upon the performance of his duties, said clerk shall execute a good and solvent bond to the said board of commissioners conditioned for the faithful performance of his duties in the sum of five thousand ($5,000.00) dollars. (b) The board of commissioners may elect or employ any other clerical or secretarial help as they may deem necessary in the administration of county business. Such clerical or secretarial help shall be appointed or elected to serve at the pleasure of the board of commissioners and shall be paid commensurate with the duties and requirements of his employment, amount to be in the discretion of the said board of county commissioners. Section 6. Road Superintendent; Appointment. The board of commissioners shall employ a competent road superintendent who shall be paid an annual salary in an amount of not less than $6,000.00 payable from the funds of Wilkes County, for the purpose of making road surveys, investigation, discovery, analyzing road building materials, building bridges, establishing and reestablishing roads. In order to enable the road superintendent to discharge his duties, the board of commissioners shall select and systematically employ an adequate work force of contract labor and prison labor and shall provide adequate machinery and equipment for the purpose of building new roads and maintaining existing public roads in said county. In the employment of the work force, the board shall accept the recommendations of the road superintendent as to persons employed as members of the work force. Said board shall be authorized in its discretion to employ the chairman of said board of commissioners as road superintendent and to set a compensation as

Page 2983

herein provided, which compensation shall be in addition to the compensation hereinabove provided for his service as chairman of said board. Section 7. County Warden; Road Superintendent As. In the event it becomes feasible to use prison labor in addition to contract labor for the construction and maintenance of public roads in said county, the road superintendent shall, in addition to his other duties, discharge the duties of county warden. Section 8. Board; Keeping of Records. In addition to books now required to be kept by the Board of Commissioners of Wilkes County, the said board shall keep or cause to be kept, the following types of records: an inventory book in which once each year they shall have recorded an itemized inventory of all property that, within their knowledge, belongs to Wilkes County; a cash book in which shall be kept an itemized account of all moneys received into and disbursed from their office belonging to Wilkes County, settling in full with the officials of the county depository daily. Section 9. Board; Oath of Members. Each member of said board of commissioners, before entering upon the duties of his office, shall make oath before the judge of the probate court of said county to faithfully perform and administer the affairs of said office, and to carry out the provisions of this Act. Each member of said board shall give a bond in the sum of three thousand ($3,000.00) dollars, payable to the Governor of this State, and his successors in office, with securities approved by the judge of the probate court of Wilkes County. Section 10. Board; Meetings. The said board of commissioners shall meet in the courthouse of said county on the second Thursday in each month. At all meetings the chairman of said board shall preside, but in his absence any member of said board may act as chairman pro tempore. Any three of five members of said board shall constitute a quorum and, regardless of the number present, it shall require three concurrent votes to pass any order, transact any business, or take any action in regard to any county matter.

Page 2984

They may also meet at other times and at such places in their discretion as may be for the best interest of the county, and they may adjourn from day to day. Section 11. Purchasing; Advertisement for Bids. In the event of the purchase of any item of machinery or equipment or material or the execution of any contract for services where the total consideration exceeds two thousand ($2,000.00) dollars, the board of commissioners shall advertise for and receive sealed bids before the purchase of any such item of machinery, equipment and material is made and before any contract is executed by the board. The board of commissioners shall have the right to accept or reject any and all bids. Section 12. Board; Vacancies. Should a vacancy occur on the board for any reason other than the expiration of a term of office, the remaining members of the board shall select a person to serve the unexpired term. In the event the vacancy occurs in the office of a member who is representing a commissioner district, the person who is selected to fill such vacancy shall reside in such district. Section 13. Process. All process, original, reissue or final, citations, notices, deeds and contracts issued by or on behalf of said board shall be signed by the chairman under the test of the clerk except in cases where the general law otherwise provides. Section 14. Carry Over of Terms. The chairman of the present board and all other members holding office upon the effective date of this Act shall hold office for the remainder of the term for which they were elected. Section 15. Specific Repealer. An Act creating a Board of Commissioners of Roads and Revenues of Wilkes County, approved August 4, 1917 (Ga. L. 1917, pp. 436-440), as amended by an Act approved December 17, 1953 (Ga. L., Non.-Dec. Sess. 1953, pp. 2597-2599); an Act approved February 14, 1958 (Ga. L. 1958, pp. 2091-2096); an Act approved March 7, 1961 (Ga. L. 1961, pp. 2294-2297); an Act approved March 30, 1965 (Ga. L. 1965, pp. 2942-2943); an

Page 2985

Act approved April 4, 1967 (Ga. L. 1967, pp. 2499-2500); and an Act approved April 3, 1972 (Ga. L. 1972, pp. 3337-3338), is hereby repealed in its entirety. Section 16. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill so as to recreate the Board of Commissioners of Wilkes County; and for other purposes. This 27th day of January, 1975. Sam P. McGill Senator, District 24 Ben Barron Ross Representative, District 76 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 News Reporter which is the official organ of Wilkes County, on the following dates: January 30, February 6, 13, 1975. /s/ Sam P. McGill Senator, 24th District Sworn to and subscribed before me, this 17th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 2986

CITY OF CRAWFORDVILLEREINCORPORATED. No. 185 (Senate Bill No. 310). An Act to reincorporate the City of Crawfordville in the County of Taliaferro; to create a new charter for said city; to provide for corporate limits; to provide for the government of said city; to provide for the officials thereof and their selection, oath, powers and duties; to provide for terms of office; to provide for elections; to provide for a recorder's court in said city; to provide for the fiscal administration of said city; to provide restrictions on actions for damages; to provide for penalties; to provide for severability; 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: ARTICLE I Charter, City Limits and Corporate Powers Section 1.01. Incorporation. This Act is a charter and shall constitute the whole charter of the City of Crawfordville, Georgia, repealing and replacing the charter as provided by an Act approved December 18, 1894 (Ga. L. 1894, p. 147), as amended. The City of Crawfordville, Georgia, in the County of Taliaferro and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of the City of Crawfordville, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal, and change it at pleasure. Section 1.02. City Limits. Said city shall include all territory within the following boundaries, which constitute the corporate limits, as follows: All that tract or parcel of land lying and being in the County of Taliaferro, State of Georgia, embracing and including

Page 2987

the territory as follows: Beginning at the center of the Taliaferro County Courthouse square in said city, and extending one mile in every direction from said central point, making a complete circle. Section 1.03. Corporate Powers. The corporate powers of the city, to be exercised by the city council, may include the following: (a) To levy and to provide for the assessment, valuation, reevaluation, and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license 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. (d) To acquire, dispose of, and hold in trust or otherwise any real, personal or mixed property, inside or outside the city. (e) To condemn property, inside or outside the city for present or future use, and for any corporate purpose authorized by law and deemed necessary by the city council under Title 36 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 system of waterworks or a natural gas system, or both, subject to the provisions of applicable general law. For water and gas furnished and for all sewerage and sanitary services rendered, said city 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, not to exceed periods of 20

Page 2988

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. (h) To regulate the rates and services of public utilities insofar as not in conflict with such regulation by the Georgia Public Service Commission or other State or federal agency having jurisdiction in such matters. (i) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the city; and to regulate the use thereof, and for such purposes. (j) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (k) To provide for the collection and disposal of garbage, rubbish and refuse. Charges 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. (l) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience, or general welfare of inhabitants of the city. (m) To define a nuisance in the city and to provide for its abatement. The mayor or recorder of the city, as the case may be, shall have jurisdiction of all nuisance abatement proceedings in the city. The city shall provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this State or any valid ordinance

Page 2989

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. (n) To establish minimum standards for, and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing for the health, sanitation, cleanliness and safety of inhabitants of the city and to provide for the enforcement of such standards. This subsection does not apply to work done by and for public utilities. (o) To provide that persons given jail sentences in the recorder's court shall work out such sentences on any public works of the city as provided by ordinance; or the council may provide for the commitment of city prisoners to any county work camp, or jail, by agreement with the appropriate county officers. (p) To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same, in violation of any ordinance or lawful order; also to provide for their disposition, by sale, gift, or humane killing, when not redeemed as provided by ordinance. (q) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles. (r) To levy and provide for the collection of special assessments for public improvements. (s) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as a misdemeanor, as hereinafter provided. (t) To exercise and enjoy all other powers, functions,

Page 2990

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 Act as fully and completely as if such powers were fully enumerated herein. No enumeration of particular powers in this Act shall be held to be exclusive of others, nor restrictive of general works 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 Council Section 2.01. Election of Mayor and Councilmen. On the second Wednesday in October 1975, and quadrennially thereafter there shall be held an election for the purpose of electing a mayor and four councilmen. For the purpose of electing councilmen, positions on the city council shall be numbered one through four, respectively. Candidates offering for election to the council shall designate by number that position on the council for which they offer for election. Candidates elected to office in said elections shall take office on the 1st Tuesday in November following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. The mayor and council shall have the power to provide the exact manner in which, and place where, elections shall take place; to require the preservation of good order and to prevent disturbance or interference with the free right to vote. The mayor shall appoint three freeholders or one justice of the peace and two freeholders of the city, to manage all elections. Each manager, before entering on his duties, shall

Page 2991

take the following oath before some judge or justice of the peace: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and will prevent all illegal voting, to the best of my ability and power, so help me God. The mayor shall provide, at the city's expense, all necessary material for use of managers in elections. The mayor and council may prescribe, by ordinance, how votes may be challenged; how the returns of all elections shall be made and the results declared; and also how contests of any election shall be conducted, and to prescribe all rules and regulations for the proper conduct of all elections in said city. Section 2.02. City Council. The mayor and four councilmen shall compose the city council, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this Act. The council shall be the final judge of the election and qualifications of its members, also of the amount and manner of compensating them for their services, provided that any increase in council compensation shall not take effect until after the first city election following the adoption of the compensation ordinance. The council shall meet on the first Tuesday of each month. The council shall meet in special session on written notice which has been served on the other members personally or left at their residences at least twelve hours in advance of the meeting, or notice of meeting is waived in writing. Notice of a special meeting shall not be required if the mayor and all councilmen are present at the time the special meeting is called to order. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent of all members of the council. The council shall exercise its powers in public meetings. A majority of the council shall constitute a quorum. The council may, by ordinance, adopt rules and bylaws to govern the conduct of its business; including procedures and penalties for compelling the attendance of absent members. The council may subpoena and examine witnesses, may order the production of books and papers, punish for refusal to obey an order or

Page 2992

subpoena, or for disorderly or contemptuous behavior in the presence of the council. Section 2.03. 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 2.04. 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 four 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 2.05. 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 has been continuously disabled for a period of six months, so as to prevent him from discharging the duties of his office, or if he 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 components of the U. S. Armed Forces; or if he is convicted of malfeasance or misfeasance in office, or of a felony, or violation of this Act; or any violation of the election laws of the State. The council shall appoint a qualified person to fill such 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

Page 2993

in the office of mayor, shall appoint a qualified person to fill the vacancy. Section 2.06. City Clerk. The mayor and council shall appoint a city clerk, who shall be responsible for keeping and preserving the city seal and all records of the council; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the decision 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. Salary of the city clerk and his term of office shall be as prescribed by the mayor and council. Section 2.07. City Legislation. Any action of the council, having a regulatory or penal effect, or required to be done by ordinance under this Act, shall be done only by ordinance. Each resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three members of the council shall be required to pass any resolution or ordinance. After adoption of ordinances, the city clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the city clerk shall do likewise for resolutions, using a separate series of 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 2.08. Eligible Voters and Voter Registration. All persons qualified to vote for members of the General Assembly and who are registered voters in the County of Taliaferro and who shall have resided six months within the city limits of the City of Crawfordville, and have registered as hereinafter provided, shall be qualified to vote in any city election. The city clerk shall keep a permanent voters' registration book in which persons desiring to vote in any city election, and otherwise qualified to vote, shall register. Upon application in person by such person entitled to register,

Page 2994

who shall furnish to the city clerk evidence of his or her qualifications, the clerk, or other registering officers named by the mayor and council, shall allow said person to enter upon the registration book his or her name, age, residence, and occupation. Said names shall be alphabetically arranged in the register as nearly as possible. The registering officer shall be the judge of the qualification of those offering to register, with a right of appeal by the applicant to the mayor and council, and the registrar may in his discretion require the applicant to take oath that he is qualified to so register. The said registration book shall be kept in the office of the city clerk, and shall be open for the purpose of registration at all times said clerk's office is open for official business, except, said registration book shall close at the close of the twentieth day before any election, and any person registering therein after the twentieth day before any election, shall not be qualified to vote in said election. Prior to all elections, and after the close of the registration book, the city clerk, and such other person or persons as shall be designated by the mayor and council, shall make a list of all the qualified voters so registered, after having first purged said list and books of all persons who have died, moved without the city, or otherwise become disqualified to vote, and such list, when certified by the city clerk, shall be the official list of the qualified voters for said election, and shall be furnished as such to the election managers. No person whose name has been purged from said book because of having moved out of the city, or having otherwise become disqualified to vote, shall be allowed to again vote in any city election, until his disqualification has been removed, and he has registered anew. Provided, that in all elections for the authorization of a bonded or other indebtedness the State laws shall in all respects govern where in conflict with this Act. ARTICLE III Organization and Personnel Section 3.01. Organization . The city government shall continue as presently organized, unless and until otherwise provided by ordinance; but no ordinance shall be adopted until after the council has received and considered the written

Page 2995

recommendations of the mayor. The council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employment, departments, and agencies of the city; may provide that the same person shall fill any number of offices and positions of employment, and may transfer or change the functions and duties of offices, positions of employment, departments, and agencies of the city. 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 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 Act. Section 3.03. City Attorney . The mayor with the approval of the council 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 mayor's or 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 approve as to form and legality all contracts, deeds, ordinances, resolutions, and motions, prescribed by the council or mayor. Section 3.04. Mayor's or Recorder's Court . There shall be a mayor's or recorder's court in said city, to be held by the mayor or recorder in the county courthouse, or place designated by ordinance, as often as necessary. If the council shall so decide, a recorder shall be appointed to serve from year to year, at a salary to be fixed by the council; and if so appointed, such recorder shall conduct the court. If no recorder be appointed, then the mayor shall conduct the court. If both mayor and recorder be absent or disqualified, then any councilman designated by the mayor may hold court.

Page 2996

Said recorder or mayor shall have full power and authority to sentence any offender, upon conviction, to labor upon the streets or other public works in said city for a period not exceeding thirty days, or to impose a fine not exceeding three hundred dollars, or both. Either one or more of said penalties may be imposed in the discretion of the presiding officer. When sitting as a court for the trial of offenders the said court shall have power to punish for contempt by fine not exceeding twenty-five dollars, imprisonment or work in the manner already prescribed in this Section for not exceeding ten days, one or both, at the discretion of the trial court. There may be an appeal in any case from the recorder's or mayor's court to the mayor and council, which appeal must be in writing and entered within two days after the judgment complained of is pronounced; and provided, further, that the defendant gives bond, with security, to abate the final judgment of the case, said bond and security to be approved by the arresting officer or chief of police. The said mayor and council shall as early thereafter as is practicable, hear and determine the said case so appealed, and shall investigate the case as fully as if the same had never been tried, that is, de novo. They shall have the power, if they find the defendant guilty, to decrease the fine or sentence imposed by the recorder's court, or to increase it at their discretion; and the judgment of the mayor and council may be reviewed by certiorari to the Superior Court of Taliaferro County, as is provided for in sections 19-203 to 19-216, both inclusive, of the Code of Georgia of 1933, and any Act amendatory thereof. The recorder of said city shall be authorized to issue warrants for offenses committed within the corporate limits of said city against any law or ordinance of said city or this State, and when the offense is against the State the recorder may hear evidence and commit to jail or take bond for appearance before the State court having jurisdiction of the offense, as a justice of the peace could do. If the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the case before the recorder's court and none other, and the same there be disposed of as other cases of arrest not made under warrant.

Page 2997

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

Page 2998

amounts as are applicable in such cases in the superior courts, against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the Clerk of the City of Crawfordville and the recorder and shall be directed as warrants are directed, set out hereinabove, and the same when so issued shall be a lien upon all property, real or personal of such parties, and binding effect upon such property and of the defendant and surety therein as if the same were issued upon judgments in the superior courts, and shall be levied by any officer to whom it shall be directed; provided, however, that any police officer of said city may require cash bonds for the appearance of such arrested person or persons, and upon their failure to appear at the trial thereof, said cash bond may be regarded as a fine and so assessed by said recorder and paid into the treasury of the city, in the discretion of the city recorder, or those acting in his stead. Section 3.05. 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 by ordinance in accordance with such recommendations. 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. Section 3.06. Oath of Office. Before a person takes any office in the city government, he shall take before an officer of this State, authorized to administer oaths, the following oath or affirmation: 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 Crawfordville, and that 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 and councilmen,

Page 2999

shall continue in the employment of the city after becoming a candidate for nomination or election to any city or other public office. 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. 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 may submit to the council a proposed budget for the next fiscal year, showing separately for the general fund, each utility, and each other fund, the following: (a) revenue and expenditures during the preceding fiscal year; (b) appropriations and estimated revenue and expenditures for the current fiscal year; (c) estimated revenue and recommended expenditures for the next fiscal year; (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding year and estimated assets, liabilities, reserves and surplus at the end of the current fiscal year; and (e) such other information and data, as may be considered necessary by the mayor or requested by the council. Section 4.03. Action by Council on Budget. Before the beginning of the ensuing fiscal year the council may 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 and agency. The council shall not make any appropriations in excess of estimated revenue, except by ordinance at a regular council meeting. 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 an ordinance specifically passed for such purpose.

Page 3000

Section 4.04. 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 said mayor and council shall deem equitable and just to the city. Section 4.05. Annual Audit. The council may employ a public accountant or a certified public accountant to make an annual audit of all financial books and records of the city. The accountant shall file his report with the council, at a time agreed to between him and the council, and shall prepare a summary of the report which shall be furnished or made available to the mayor and every councilman. Section 4.06. Property Taxes. All property within the city limits of Crawfordville, Georgia, subject to taxation for State or county purposes, shall be subject to a property tax levied by the city. Except as otherwise provided in this Section, appeals involving city property assessments may be taken as provided by general law. Section 4.07. Tax Levy. The council shall make a tax levy, expressed as a fixed rate per one hundred dollars, of assessed valuation, and if no tax levy is made within ninety days prior to the tax due date, the property tax rate in effect for the last fiscal year shall continue in effect as the tax rate for the new fiscal year. Section 4.08. Tax Due Date and Tax Bills. The due date of property taxes shall be fixed by ordinance. The city shall send tax bills to taxpayers, showing the assessed valuation, 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 sixty days after a due date; at which time a penalty of five percent shall be added. Thereafter such taxes shall be subject to interest at the rate of seven percent per annum, from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record.

Page 3001

Section 4.09. 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, which are to be executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from a justice of the peace, or by the city attorney acting in accordance with general laws providing for the collection of delinquent city or county taxes, or both, or by any two or more of the foregoing methods, and 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 the first day of January of each year, which shall be superior to all other liens except that it shall have equal dignity with those for federal, State or county taxes. 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 when an injured person dies within sixty days, the time limit for filing a claim shall be one hundred and twenty days. No officer or employee of the city may waive this requirement. Section 5.02. General Laws May Be Used. 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 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 or

Page 3002

by imprisonment not to exceed thirty days, or by both such fine and imprisonment. Section 5.04. Severability. If any article, section, subsection, paragraph, sentence, or part thereof, of this Act shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Act, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Act that each article, section, subsection, paragraph, sentence, or part thereof, be enacted separately and independently of each other. Section 5.05. Specific Repealer. An Act creating a new charter for the City of Crawfordville in the County of Taliaferro, approved December 18, 1894 (Ga. L. 1894, p. 147), and all amendatory Acts thereof, are hereby repealed in their entirety. Section 5.06. Effective Date. This Act shall become effective on July 1, 1975. Section 5.07. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to grant a new charter for the City of Crawfordville; and for other purposes. This 15th day of January, 1975. Sam R. McGill Senator, 24th District Ben Barron Ross Representative, 76th District

Page 3003

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 Advocate-Democrat which is the official organ of Taliaferro County, on the following dates: January 24, 31, and February 7, 1975. /s/ Sam P. McGill Senator, 24th District Sworn to and subscribed before me, this 20th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1975. RABUN COUNTY AIRPORT AUTHORITY ACT. No. 186 (Senate Bill No. 328). An Act to create and establish an Airport Authority for Rabun County, and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft, which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and to acquire, own and hold a fee simple title to all necessary property therefor, both real and personal, and to lease and sell any and all such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to

Page 3004

contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the Authority payable from the revenues, tolls, fees, charges and earnings of the Authority, including but not limited to earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations or to secure the payment thereof by contract, mortgage, deed to secure debt, security deed note or trust deed and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against Rabun County shall be incurred in the exercise of any powers granted by this Act; to make the bonds, securities or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds, securities or other obligations; to provide that such bonds, securities or other obligations be validated as authorized by the Revenue Bond Law, approved February 14, 1957 (Ga. L. 1957, p. 36), as amended, amending the law known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended; to authorize the Authority; to provide for all 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 Rabun County Airport Authority Act. Section 2. Rabun County Airport Authority. There is hereby created a body corporate and politic to be known as the Rabun County Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title, and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee

Page 3005

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 Rabun County Airport Authority shall be composed of five members. The Board of Commissioners of Rabun County shall appoint the initial members of the Authority as follows: one member to a term of five years; one member to a term of four years; one member to a term of three years; one member to a term of two years; and one member to a term of one year. Thereafter, the members shall be appointed to terms of five years. Members shall serve until their successor is appointed and qualified. The initial member shall be appointed within 30 days after the effective date of this Act. Section 4. Meetings. The Authority shall hold their first regular meeting after this Act becomes effective, and the first regular meeting of each year thereafter shall be in July. The Authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting in July of each year thereafter, the Authority shall elect one of its members as its Chairman and another member as Secretary-Treasurer. Only one person shall hold the office of Secretary-Treasurer. These officers shall be elected for a term ending on June 30th of the year following the year in which they were elected or until their successors are elected and qualified. Three members of the Authority shall constitute a quorum for the transaction of all business coming before it. The members of the Authority shall receive no compensation for their services. They shall be reimbursed, however, for all actual expenses incurred in the performance of their duties. Section 5. Vacancies in Office. In the event of a vacancy on the Authority by reason of death, resignation or otherwise, the vacancy shall be filled in the same manner as the original membership on the Authority, and the person so appointed shall serve for the remainder of the unexpired term.

Page 3006

Section 6. Definitions. As used in this Act, the following words and terms have the following meanings: (a) The word Authority shall mean the Rabun County Airport Authority as created by the provisions of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improvement and operation of public airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquisition of the necessary property, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such airports and landing fields for the use of aircraft, deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such relocations are made necessary by the project, the cost of all machinery, equipment, financing charges, interest prior to and during construction, the cost of engineering, architectural, fiscal and legal expenses, and the cost of plans and specifications, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project and improving the same, and the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of any funds of the Authority including the proceeds from any revenue bonds issued under the provisions of this Act for any such project or projects. (d) The terms revenue bonds, bonds, and obligations as used in this Act, shall mean revenue bonds as defined

Page 3007

and provided for in the Revenue Bond Law, approved February 14, 1957 (Ga. L. 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended; and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto, and in addition shall also mean obligations of the Authority the issuance of which are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating, if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 7. Powers. The Authority shall have the following powers: (a) To have a seal and alter the same at pleasure; (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;

Page 3008

(e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects or lease of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions, or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable. The said Authority is further granted the authority to make contracts and leases, and to execute all instruments necessary or convenient, with the United States Government or any agency or department thereof concerning the projects of the Authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in section 21 of this Act; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency, instrumentality or other source may impose; (h) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such

Page 3009

agency, instrumentality or political subdivision or any other source may impose; (i) To borrow money for any of its corporate purposes, to execute evidences of such indebtedness and to secure the same, and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any powers usually possessed by private corporations performing similar functions, which are not in conflict with the Constitution and laws of this State; (k) The Authority and the trustee acting under the trust indenture are specifically authorized to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein, not required in the normal operation of the Authority and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in section 2 and section 21 hereof; (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 forty 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

Page 3010

maturity at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to, and in conformity with, the Revenue Bond Law, approved February 14, 1957 (Ga. L. 1957, p. 36), amending the law formerly known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended. All procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 9. Form, Denominations, Registration, Place of Payment. The Authority shall determine the form of the bonds and the place or places of payment of principal thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both. The Authority may make provisions for the registration of any coupon bond, as to principal alone, or to both the principal and interest. 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.

Page 3011

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. 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 be issued in like manner 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, under like restrictions, may issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 15. Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.

Page 3012

Section 16. Conditions Precedent to Issuance, Object of Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, 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 Rabun County. Such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment of such bonds. All such bonds shall contain recitals on their face substantially covering the foregoing provisions of this Section. Section 18. Trust Indenture as Security. In the discretion of the Authority any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding

Page 3013

and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust identure may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 19. To Whom Proceeds of Bonds Shall Be Paid. In the resolution providing for the issuance of revenue bonds or in the trust indenture, the Authority shall provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company, which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolutions or trust indentures may provide. Section 20. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued, and any monies derived from the sale of

Page 3014

any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund. Said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due; (2) the principal of the bonds as the same shall fall due; (3) the necessary charges of paying agent or agents for paying interest and principal; and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking 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 protect and enforce, either at law or in equity, by suit, action, mandamus, or other proceedings, 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,

Page 3015

charging and collecting of revenues, fees, tolls and other charges for the use of the facilities and services furnished. Section 22. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of revenue refunding bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 23. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law. The petition for validation shall also make any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, a party-defendant to such action. Such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality of the United States Government if a party to the validation proceedings, contracting with the said Rabun County Airport Authority. Section 24. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Rabun County, Georgia, and any action pertaining to validation of any bonds issued under

Page 3016

the provisions of this Act shall likewise be brought in said court, which shall have original jurisdiction of such actions. Section 25. Interest of Bondholders Protected . While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of any bonds, and no other entity, department, agency or authority shall be created which will compete with the Authority to such an extent as to affect adversely the 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 this Act, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining, improving and operating airports and landing fields for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority to be necessary, convenient or desirable for, and incident to, the efficient and proper development and operation of such types of undertakings. Section 28. Rates, Charges and Revenues; Use . The Authority

Page 3017

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 subleases of its lands or facilities, and in anticipation of the collection of the revenues and income of such undertakings or projects. Section 29. Rules and Regulations for Operation of Projects . It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished. Section 30. Powers Declared Supplemental and Additional . The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 31. Liberal Construction of Act . This Act, being for the purpose of promoting the health, morals and general welfare of the citizens of the United States, of the State of Georgia, and of the County of Rabun, shall be liberally construed to effect the purposes hereof. Section 32. Jurisdiction . All property, the title to which shall vest in said Authority, shall be subject to the jurisdiction of the county wherein such property shall lie. Section 33. 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.

Page 3018

Section 34. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 35. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1975 Session of the Georgia General Assembly to create a Rabun County Airport Authority. This the 27th day of January, 1975. John C. Foster Senator 50th District Georgia, Rabun County. Personally appeared before the undersigned officer duly authorized under the laws of Georgia to administer oaths, James H. Wallace who on oath deposes and says that he is the publisher of The Clayton Tribune, a newspaper published in Clayton, Georgia, of general circulation, and that the attached advertisement has been published in The Clayton Tribune once a week for three weeks in the regular issues of January 30, February 6, February 13, 1975. /s/ James H. Wallace Sworn to and subscribed before me, this 19th day of February, 1975. /s/ Sheila Crawford Notary Public, Georgia State at Large. My Commission Expires Oct. 18, 1977. Approved April 17, 1975.

Page 3019

CITY OF KENNESAWCHARTER AMENDEDELECTION PROVISIONS CHANGED. No. 189 (Senate Bill No. 364) An Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3452), so as to change the provisions relating to the election of Mayor and Councilmen; to change the term of office 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 creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3452), 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 elected to office shall continue to serve until their successors are duly elected and qualified as provided by law. On the first Saturday in October, 1975, an election shall be held for those three councilmen who at said date are serving as `Councilman, Post No. 3', `Councilman, Post No. 4', and `Councilman, Post No. 5'. Such positions shall continue to be designated as `Councilman, Post No. 3', `Councilman, Post No. 4', and `Councilman, Post No. 5'. The candidates for each post receiving a plurality vote shall be declared elected as councilman for that post for which he qualified. On the first Saturday in October, 1977, and on said date biennially thereafter, an election shall be held for those two councilmen who at said date are serving as `Councilman, Post No. 1' and `Councilman, Post No. 2', and for Mayor. Such positions shall continue to be designated as `Mayor, City of Kennesaw', `Councilman, Post No. 1', and `Councilman,

Page 3020

Post No. 2'. The candidate receiving a plurality of the votes cast for Mayor shall be declared elected, and the candidate for each post receiving a plurality of the votes cast shall be declared elected as councilman for that post for which he qualified. On the first Saturday in October, 1978, and on said date biennially thereafter, an election shall be held for those councilmen who at said date are serving as `Councilman, Post No. 3', `Councilman, Post No. 4', and `Councilman, Post No. 5'. Such positions shall continue to be designated as `Councilman, Post No. 3', `Councilman, Post No. 4', and `Councilman, Post No. 5'. The candidates for each post receiving a plurality for that post shall be declared elected as councilman for that post for which he qualified. Any person possessed with the qualifications as required by law may qualify for any council post or for Mayor. Section 2. Said Act is further amended by striking section 2.04 in its entirety, and substituting in lieu thereof a new section 2.04, to read as follows: Section 2.04. Terms of Office. The terms of office for Mayor and Councilmen shall begin on the first Monday in January following their respective election, and shall continue for two years, except as provided in section 2.03 above and until their successors are elected and qualified. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1975 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

Page 3021

new Charter (Ga. L. 1971, p. 3620 et seq.), as heretofore amended; and for other purposes. This 27th day of December, 1974. Joe L. Thompson Roy E. Barnes Haskew Brantley Senators George H. Kreeger A. L. Burruss Joe Mack Wilson G. Robert Howard Bill Cooper Chuck Edwards Carl Harrison Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy Barnes who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24, 31 and February 7, 1975. /s/ Roy Barnes Senator, 33rd District Sworn to and subscribed before me, this 28th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1995.

Page 3022

SPALDING COUNTYBOARD OF COMMISSIONERSPERSONNEL PROVIDED. No. 190 (Senate Bill No. 379). An Act to amend an Act creating a Board of Commissioners for the counties of Spalding and Butts, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act approved December 22, 1898 (Ga. L. 1898, p. 375), and by an Act approved August 3, 1910 (Ga. L. 1910, p. 289), and by an Act approved February 25, 1953 (Ga. L. 1953, p. 2606), so as to provide for administrative personnel and clerical assistance for the Board of Commissioners of Spalding 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 for the counties of Spalding and Butts, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act approved December 22, 1898 (Ga. L. 1898, p. 375), and by an Act approved August 3, 1910 (Ga. L. 1910, p. 289), and by an Act approved February 25, 1953 (Ga. L. 1953, p. 2606), is hereby amended by striking section III of said Act in its entirety and substituting in lieu thereof a new section III, to read as follows: Section III. The Board of Commissioners of Spalding County, as the governing authority thereof, shall have authority to appoint and employ a person to serve as the chief administrative official for said Board, which officer shall be designated as the `County Administrator' and may also serve as `ex officio clerk' of said Board. Said Board shall also appoint and elect a person to serve as secretary of said Board, who shall be known as the `Clerk' of said Board. Said Board shall have the authority to create other administrative offices or departments and clerical positions, including deputies and assistants, and to designate titles or job classifications therefor, and shall further have the authority to appoint and select such persons from time to time to fill any or all such offices, positions or jobs. Said Board shall

Page 3023

have authority to delegate the appointment, selection and employment of all such personnel, except the Clerk of said Board, to the County Administrator. Any person may hold one or more of any of the aforesaid offices, positions or jobs. All of said officers, agents or employees shall hold office or employment at the will of said Board, provided, however, that said Board may delegate authority to the County Administrator to discharge any and all such officers, agents or employees, except the Clerk of the said Board. Said Board shall determine and fix the compensation, the times, places and conditions of work and the duties, assignments and responsibilities of all such officers, agents and employees, or, with the exception of said Clerk, may delegate any such authority to the County Administrator. The foregoing officers and employees may be named, designated or appointed by said Board in addition to the appointment and employment of a County Warden, a County Attorney, a County Building Inspector and other existing officers, agents or employees now appointed by said Board, or as may hereafter be provided for and authorized to be appointed by said Board. Said Board shall have the authority to require security bonds from any or all such appointed officers, agents or employees, payable to Spalding County, in such respective amounts as said Board may deem appropriate for the faithful performance of all duties and responsibilities or for the proper handling of all public funds and property or for both. 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 1975 Session of the General Assembly of Georgia a Bill to provide for administrative personnel and clerical

Page 3024

assistance for the Board of Commissioners of Spalding County, to repeal conflicting laws and for other purposes. This the 7th day of February, 1975. Maureen C. Jackson, as Clerk of Spalding County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virginia Shapard who, on oath, deposes and says that she is Senator from the 28th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following dates: February 8, 15, 22, 1975. /s/ Virginia Shapard Senator, 28th District Sworn to and subscribed before me, this 6th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1975. BRYAN COUNTYBOARD OF COMMISSIONERSELECTION PROVISIONS CHANGEDREFERENDUM. No. 191 (Senate Bill No. 382). An Act to amend an Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), as amended, so as to change the provisions

Page 3025

relating to the election of members of the board; to provide for the election of the chairman and vice chairman; to provide for other matters relative thereto; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), 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 County of Bryan shall be divided into three (3) commissioner districts, to be designated as one (1), two (2) and three (3), and each of said commissioner districts shall be entitled to one commissioner residing in the jurisdiction of the district as its representative on said board. District No. 1 shall embrace the 19th G. M. District, District No. 2 shall embrace the 1380th G. M. District and District No. 3 shall embrace the 20th G. M. District. In addition there shall be two members of the board elected from the county at large. These two positions shall be designated as the `chairman post' and `vice chairman post', and candidates for these positions shall designate the post for which they are offering as a candidate. 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 terms of office of the successors of the members of the Board of Commissioners of Bryan County shall be for four (4) years and until their respective successors are elected and qualified. An election shall be had every four (4) years at the same time and places and under the same regulations as the election of county officers for Bryan County is held, except that in all primaries, candidates seeking the nomination and election to membership on said board shall be voted for in the following manner, to wit: candidates seeking the nomination as District Commissioner

Page 3026

No. 1 shall be voted for only by the qualified voters of the 19th G. M. District of Bryan County; candidates seeking the nomination as District Commissioner from District No. 2 shall be voted for only by the qualified voters of the 1380th G. M. District of Bryan County; candidates seeking the nomination as District Commissioner from District No. 3 shall be voted for only by the qualified voters of the 20th G. M. District; candidates seeking the nomination as chairman of the board of commissioners and candidates seeking the nomination as vice chairman of the board of commissioners shall be voted on by the qualified voters of Bryan County in its entirety. As said terms of office of said members of the board expire, they shall be elected for the succeeding term of four (4) years at the same time and places and under the same regulations as the election of county officers for Bryan County is held, except as hereinbefore otherwise provided. Elections of members of the board of county commissioners shall be held in accordance with the Georgia Election Code. The chairman and vice chairman provided for herein shall be elected in the general election in 1976 and their terms of office and the terms of the other members shall commence on January 1, 1977, and continue for four (4) years and until their successors are elected and qualified. 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 chairman of the board of commissioners shall preside over all meetings, except in his absence the vice chairman shall preside. The chairman of said board shall have no vote in the deliberations of said board except in the event of a tie vote, in which case the said chairman shall be permitted to vote to decide the particular motion under deliberation. Section 4. The members of the board of commissioners elected at the general election in 1972 shall continue to serve out their terms of office. The board shall continue to elect the chairman until the expiration of the terms of the present members.

Page 3027

Section 5. Not less than one month nor more than six months 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 election superintendent of Bryan County to issue the call for an election for the purpose of submitting this Act to the electors of Bryan County for approval or rejection. The superintendent 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 superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bryan County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the Chairman and Vice Chairman of the Board of Commissioners of Bryan County to be elected by the voters of Bryan County be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 Bryan County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Bryan County, approved March 22, 1941 (Ga. L. 1941, p. 765), as amended, so as to provide for the election of the chairman of the board of commissioners; to change

Page 3028

provisions relating to compensation and duties of the chairman; and for other purposes. This 11th day of February, 1975. Mell Traylor Senator, 3rd District Georgia, Bryan County Personally appeared before the undersigned officer duly authorized under the laws of Georgia to administer oaths, Merrill E. Bacon, who on oath deposes and says that he is the publisher of The Pembroke Journal, a newspaper published in Pembroke, Georgia of general circulation, and that the attached advertisement has been published in The Pembroke Journal once a week for 3 weeks in the regular issues of Feb. 13, 20, 27, 1975. Merrill E. Bacon Sworn to and subscribed before me, this 28 day of February, 1975. /s/ Margaret L. Pelham Judge, Probate Court Bryan County, Georgia. Approved April 17, 1975. CITY OF GORDONCHARTER AMENDEDELECTION PROVISIONS CHANGED No. 192 (Senate Bill No. 384). An Act to amend an Act creating a new Charter for the City of Gordon, Georgia, approved March 12, 1965 (Ga. L. 1965, p. 2342), as amended, so as to change the provisions relating to the election of the mayor and aldermen and

Page 3029

their terms of 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 Gordon, Georgia, approved March 12, 1965 (Ga. L. 1965, p. 2342), as amended, is hereby amended by striking section 5-15 in its entirety and inserting in lieu thereof a new section 5-15 to read as follows: Section 5-15. Candidates for mayor or alderman; statement, certificate required; time of election; filing fee. Every person desiring to become a candidate for either the office of mayor or for the office of alderman of the said City of Gordon shall file or cause to be filed with the clerk of the City of Gordon, not later than 20 days before the general election, a statement of his or her candidacy, reciting that he is offering for mayor or as alderman. The candidate shall further file with the clerk of the City of Gordon a certificate sworn to by him that he is qualified to fill the office to which he seeks election. All candidates for the office of mayor or for the office of alderman shall be elected by the voters of the city at large. Candidates shall be elected by a plurality of the voters. Each candidate for mayor shall pay a filing fee of $10.00 when filing the statement of candidacy and certificate; each candidate for alderman shall pay a filing fee of $5.00. Section 2. Said Act is further amended by striking section 8-1 in its entirety and inserting in lieu thereof a new section 8-1 to read as follows: Section 8-1. Terms of officers. All present officers of said city shall hold their offices until the expiration of their present terms and until their successors are elected and qualified, except as herein provided. An election shall be held on the third Wednesday in April, 1975, for the purpose of electing a mayor and three aldermen whose terms expired January 1, 1975. The three candidates for such aldermanic positions receiving the largest number of votes at such election

Page 3030

shall serve for a term which expires January 1, 1977, and until their successors are elected and qualified. The candidate for mayor who receives the largest number of votes at such election shall serve as mayor for a term which expires January 1, 1977. An election shall be held on the second Wednesday in December, 1975, for the purpose of electing three aldermen whose terms expire January 1, 1976. The three candidates for such aldermanic positions receiving the largest number of votes at such election shall serve for a term of two years and until their successors are elected and qualified. Beginning on the second Wednesday in December in 1976, and every year thereafter, an election shall be held to elect the successors to the mayor and aldermen whose terms expire the first day in January of the year next following such election. The successors to the mayor and aldermen elected in 1977 and all future successors shall take office on the first day of January in the year next following their election and shall serve for a term of two years and until their successors are elected and qualified. All such elections shall be conducted in the same manner as elections for members of the General Assembly of Georgia. The mayor and aldermen shall enter upon the discharge of the duties of their respective offices as soon as they take the oath of office after 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 1975 Session of the General Assembly of Georgia, a bill to amend the charter of the Town of Gordon, Georgia (Ga. L. 1965, p. 2342) as heretofore amended to change the provisions as to the election and terms of service of municipal officials, and for other purposes. Culver Kidd Senator, 25th District

Page 3031

Georgia, Wilkinson County. Personally appeared before me, the undersigned, duly authorized to administer oaths, Joe Boone, who, on oath, deposes and says that he is the publisher of the Wilkinson County News, the official organ of Wilkinson 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 6, 1975, February 13, 1975, and February 20, 1975. Joe Boone Sworn to and subscribed before me, this 4th day of March, 1975. /s/ Lillian C. Collins Notary Public, Wilkinson County, Georgia. Approved April 17, 1975. DODGE COUNTYELECTION ON QUESTION OF ELECTIVE BOARD OF EDUCATION DIRECTEDREFERENDUM. No. 193 (Senate Bill No. 390). An Act to authorize and direct the Election Superintendent of Dodge County to hold an election on the question of establishing an elective Board of Education of Dodge County; 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 Election Superintendent of Dodge County to issue the call for an election for the purpose of submitting the question of establishing an elective County Board of Education to the voters of the Dodge County school district for approval or rejection. The election superintendent shall set the date of such election

Page 3032

for November 4, 1975. The call for such election shall be issued at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Dodge 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 Dodge County by the voters of Dodge County? Referendum. All persons desiring to vote for 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 Dodge County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia a bill to direct the holding of an election on the question of establishing an elective Board of Education of Dodge County; and for other purposes. This 7th day of February, 1975. E. M. McDuffie Senator, 19th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Pete McDuffie

Page 3033

who, on oath, deposes and says that he is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Eastman Times Journal Spotlight which is the official organ of Dodge County, on the following dates: February 12, 19, 26, 1975. /s/ E. M. Pete McDuffie Senator, 19th District Sworn to and subscribed before me, this 10th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1975. EVANS COUNTYMULTI-CITY WATER AND SEWERAGE AUTHORITY ACT. No. 194 (Senate Bill No. 393). An Act to create the Multi-City Water and Sewerage Authority to function in Evans County, Georgia; to authorize the Authority to acquiree, 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 and impose duties on the Authority; to provide for certain limitations on the powers of the Authority; to provide for the membership and

Page 3034

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 Evans County or a municipality shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the Authority exempt from taxation; to authorize the issuance of funding or refunding bonds; to fix the venue of jurisdiction of actions relating to any provisions of this Act and to provide that such bonds be validated; to provide for procedures, requirements and 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: Section 1. Short Title. This shall be known and may be cited as the Multi-City Water and Sewerage Authority Act. Section 2. Multi-City Water and Sewerage Authority. There is hereby created a body corporate and politic, to be known as the Multi-City 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, complain and defend in all courts of law and equity. The Authority shall consist of seven members, all of whom shall be residents of their respective cities within Evans County, Georgia,

Page 3035

as hereinafter provided. The membership shall be composed of one member from the City of Bellville, three members from the City of Claxton, one member from the Town of Daisy, and two members from the City of Hagan. The members will be appointed by their respective city councils. Such members so appointed shall serve for a term of five years and until their successors shall have been appointed. Any member of the Authority may be appointed to succeed himself. As soon as practicable after this Act becomes law, the members of the Authority shall enter upon their duties. They shall elect one of their number as chairman, another as vice chairman and another as secretary and treasurer, each of whom shall serve in such respective positions for the succeeding year and until their successors are elected. Five members of the Authority shall constitute a quorum. In the event of a vacancy by reason of death, disqualification, resignation, or any other reason, the appropriate city council which originally appointed that member, shall appoint a person to serve for the remainder of the unexpired term. 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 serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties from funds available to the Authority. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. The Authority shall meet at least annually in the month of January in each year and at such other times as it may deem necessary. 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 Multi-City 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

Page 3036

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 Evans 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 every type, including, but not limited to, the acquisition and construction of treatment plants, ponds and lagoons, within and without the territorial boundaries of Evans 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, 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 feasibility or practicability of the project, administrative expense, 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 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 as defined and provided for in the Revenue Bond Law (Ga. L. 1957, p. 36), as amended, amending the law formerly known as the Revenue

Page 3037

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 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 earnings to be derived by the Authority therefrom and all facilities used in connection therewith will be sufficient to pay the cost of the 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. (f) The term participating city means the City of Bellville, the City of Claxton, the Town of Daisy and the City of Hagan, all of Evans County, Georgia, or any combination of one or more of such cities. Section 4. Powers. Subject to the limitations provided by section 5 of this Act, 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, on such terms and conditions and in such manner as it may deem proper, 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 pursuant to the authority of section 5 of this Act,

Page 3038

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 Treasury for the credit of the general fund 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 all persons, firms and corporations, the State 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, 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 years; (f) To acquire, construct, own, repair, add to, extend,

Page 3039

improve, 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 or grants or both loans and 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 or grants or both loans and 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; (k) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Limitations on Power of Authority. (a) The Authority shall not be authorized to exercise the power of eminent domain in connection with any project or in otherwise carrying out its powers as provided by this Act. In the event it becomes necessary to acquire property by condemnation in connection with any project, the Authority may enter into a contract with any participating city and pursuant to the terms and conditions of such contract, such participating city may acquire such property by condemnation, in accordance

Page 3040

with the provisions of laws applicable to the condemnation of property for public use, and such participating city may then sell, lease, transfer or otherwise convey the property so acquired to the Authority, all in accordance with the terms and conditions of the contract entered into between the Authority and such participating city. (b) The Authority shall not be authorized to acquire any existing water or sewerage system or water and sewerage system owned by any participating city unless a majority of the qualified electors voting on the question of such acquisition by the Authority shall approve such acquisition in a special election on such question. If the Authority and the governing body of a participating city agree that the acquisition by the Authority of any such existing water or sewerage or water and sewerage system owned by such participating city would be in the best interests of the citizens of such participating city, then it shall be the duty of the governing body of such participating city to direct the municipal superintendent of elections of such participating city to issue the call for a special election on the question of such acquisition by the Authority. If a majority of the qualified electors voting at such special election approve such acquisition by the Authority, then the Authority shall be authorized to acquire the water or sewerage or water and sewerage system owned by such participating city in accordance with the terms and conditions of a contract or agreement, relative to such acquisition by the Authority, entered into between the Authority and such participating city. If a majority of the qualified electors of such participating city voting at said special election reject such acquisition by the Authority, then the Authority shall not acquire such existing water or sewerage or water and sewerage system owned by the participating city. Special elections pursuant to the provisions of this subsection shall be called, held and conducted in accordance with the applicable provisions of Code Title 34A known as the Georgia Municipal Election Code, as now or hereafter amended. Section 6. 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

Page 3041

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 and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding forty 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 7. 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 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 the principal and interest. Section 8. 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 chairman of the Authority and the 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

Page 3042

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 9. 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 10. 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 11. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 12. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bonds and coupons which shall become mutilated or be destroyed or lost. Section 13. Same; Conditions Precedent to 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. 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

Page 3043

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 Evans County or of any participating city, nor a pledge of the faith and credit of said county or of any participating 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 of contingently obligate said county or any participating 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. Section 15. 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 proceeds of the bonds and revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any

Page 3044

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 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 indentures may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 16. 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 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 17. Sinking Fund . (a) 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 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

Page 3045

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 other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. (b) 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 18. Remedies of Bondholders . Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia, or granted hereunder, or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 19. Refunding Bonds . The Authority is hereby authorized to provide by resolution for the issuance of bonds

Page 3046

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 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 20. 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 and any municipality, county, authority, political subdivision or instrumentality if a party to the validation proceedings, contracting with the said Multi-City Water and Sewerage Authority. Section 21. Venue and Jurisdiction . Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Evans 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.

Page 3047

Section 22. 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. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds. Section 23. Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 24. 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 25. Rules and Regulations for Operation of Projects . It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities, sewerage service and facilities, or both, shall be furnished. Section 26. Tort Immunity . The Authority shall have the same immunity and exemption from liability for torts and negligence as Evans County; and the officers, agents and employees of the Authority when in the performance of

Page 3048

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 Evans County when in performance of their public duties or work of the county. Section 27. Immunity from Taxation. The Authority shall have immunity and exemption from taxation. 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. This Act does not in any way take from Evans 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 bonds as is provided by the Revenue Bond Law. 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 hereof. 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 or parts hereof would be declared or adjudged invalid or unconstitutional. Section 31. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3049

Notice of Legislation. Notice is hereby given that the undersigned have requested and there will be introduced in the 1975 Session of the General Assembly of the State of Georgia, legislation to create a body corporate and politic to be known as the Multi-City Water and Sewer Authority to function in Evans County, Georgia. This 4th day of February, 1975. City of Claxton Perry Lee DeLoach, Mayor City of Hagan Aden G. Massey, Mayor City of Bellville O. H. Daniel, Jr., Mayor City of Daisy B. E. Smith, Sr., Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph E. Kennedy who, on oath, deposes and says that he is Senator from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Claxton Enterprise which is the official organ of Evans County, on the following dates: February 6, 13, 20, 1975. /s/ Joseph E. Kennedy Senator, 4th District Sworn to and subscribed before me, this 11th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1975.

Page 3050

FULTON COUNTYCERTAIN WAIVER OF GOVERNMENTAL IMMUNITY PROVIDED. No. 195 (Senate Bill No. 398). An Act to waive the governmental immunity of Fulton County, a political subdivision of the State of Georgia, from claims by Edna H. Sosby, widow of Thomas Franklin Sosby; Ada Lee Avery, widow of Coley Lewis Avery; and Marie Brown Skinner, mother of Gregory Lou Skinner; and Jack Cox, for damages arising from the deaths of Sosby, Avery and Skinner and personal injury to Cox, resulting from collision with a Fulton County vehicle on December 16, 1974; to provide for the determination of the amounts of compensation, if any, that will be awarded by the Board of Commissioners of Fulton County to said claimants; to provide for monies or funds from which any compensation awarded shall be paid; to repeal conflicting laws; and for other purposes. Whereas, on the 16th day of December 1974, Thomas Franklin Sosby, Coley Lewis Avery, Gregory Lou Skinner and Jack Cox were occupants of a pickup truck driving south along State Highway #3 in Cobb County, Georgia, when immediately in front of said pickup truck a vehicle owned and operated by the Public Works Department of Fulton County, Georgia, driven and operated by an employee of said Public Works Department, and carrying a large crane, passed through a bridge overpass during which passage the large crane struck the bridge overpass and fell from the vehicle and violently and forcefully came into immediate contact with the pickup truck proceeding in the opposite direction, resulting in the sudden death of Thomas Franklin Sosby, Coley Lewis Avery and Gregory Lou Skinner, and serious personal injury to Jack Cox, none of whom were negligent in any manner; and Whereas, Edna H. Sosby, the widow of Thomas Franklin Sosby, Ada Lee Avery, the widow of Coley Lewis Avery, and Marie Brown Skinner, the mother of Gregory Lou Skinner claim to be dependents of said Sosby, Avery and Skinner and contend that they should be reasonably and adequately

Page 3051

compensated for the deaths of their decedents, and Jack Cox contends that he should be reasonably and adequately compensated for his personal injury and disability; and Whereas, said accident occurred through no fault of said injured and deceased persons, and if the employee of Fulton County Public Works Department was, in fact, negligent and as a result of said negligence caused said deaths and injuries, it is only fitting and proper that said claimants be reimbursed for their loss. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. The governmental immunity of Fulton County from liability for damages arising out of said automobile accident of December 16, 1974, only, is waived to the extent hereinafter provided. Section 2. That within six (6) months after the effective date of this Act the Board of Commissioners of Fulton County shall consider the circumstances surrounding the accident and the claims arising therefrom and make a determination as to whether or not the Board of Commissioners will make an award in any amount to said claimants. Section 3. In making said determination, the Board of Commissioners may adopt any procedural format which they, in their uncontrolled discretion, shall determine. The Board of Commissioners may consider evidence based on oral sworn testimony or on affidavits, or may elect not to receive evidence. Section 4. If the Board of Commissioners shall determine that an award of compensation is to be made, it shall separately and independently determine the amount to be awarded each claimant. Section 5. The Board of Commissioners shall pay any award of compensation so awarded from the general funds of the County.

Page 3052

Section 6 . The governmental immunity of Fulton County from liability is hereby waived to the extent of any award of compensation determined by the Board of Commissioners as above provided and for no other amount. 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 1975 session of the General Assembly of Georgia legislation to authorize the Board of Commissioners of Fulton County to inquire into the circumstances surrounding an accident involving a county-owned vehicle and to make a determination as to whether any compensation to any claimants involved in said occurrence should be made by Fulton County; to authorize Fulton County to expend funds for such purposes; to provide the procedures connected therewith; and for other purposes. This 14th day of February, 1975. C. James Jessee, Jr. James B. Ritchie Shoob, McLain Jessee Attorneys 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 February, 1975. As provided by law. /s/ Frank Kempton

Page 3053

Subscribed and sworn to before me, this 12th day of March, 1975. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 15, 1975. Approved April 17, 1975. DeKALB COUNTY OGLETHORPE HOUSING DEVELOPMENT AUTHORITY ACTNEW TITLE, ETC. No. 196 (Senate Bill No. 406). An Act to amend an Act known as the DeKalb County Oglethorpe Housing Foundation Act, approved March 21, 1974 (Ga. L. 1974, p. 2591), so as to change the short title of said Act; to change the name of the public body corporate and politic created by said Act; to expand the legislative findings and declaration of public necessity pertaining to said Act; to add to, modify and delete certain definitions used in said Act; to amend and clarify the manner of appointment of Directors and the procedure whereby they may take official action; to expand, modify and delete certain powers of said body corporate and politic; to restate and expand the purpose for which said body corporate and politic exists; to modify those items which might be paid from revenues; to clarify the tax exempt status of properties; to expand and modify certain powers and provisions relating to the issuance and securing of negotiable revenue bonds; to expand the manner in which meetings of the Board of Directors might be called; to provide 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 DeKalb County Oglethorpe Housing Foundation Act, approved March 21, 1974

Page 3054

(Ga. L. 1974, p. 2591), is hereby amended by striking in section 1 the following: Foundation, and substituting in lieu thereof the following: Development Authority, so that when so amended, Section 1 shall read as follows: Section 1. Short Title . This Act shall be known and may be cited as the DeKalb County Oglethorpe Housing Development Authority Act. Section 2 . Said Act is further amended by striking the word Foundation wherever it appears throughout said Act as an abbreviated description of the public body corporate and politic created by said Act and inserting in lieu thereof in every instance the word Authority and by inserting the word decent, immediately before the words safe and sanitary wherever such words appear throughout said Act. Section 3 . 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. Legislative Findings and Declaration of Public Necessity . It is hereby found, determined and declared that there continues to exist in DeKalb County, Georgia, a seriously inadequate supply of, and critical need for, decent, safe and sanitary housing within the financial means of families and persons of limited income, including but not restricted to those families and persons displaced by slum clearance and the clearance of blighted areas, transportation projects or other public programs. This shortage of decent, safe and sanitary housing is inimical to the safety, health, convenience and welfare of the residents of DeKalb County and the State of Georgia and otherwise exacerbates existing slum conditions which in turn contributes substantially and increasingly to the spread of crime, impairs

Page 3055

economic values, necessitates excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident prevention and other services, substantially impairs or arrests the sound growth of urban areas, aggravates traffic problems and promotes juvenile delinquency and other social ills. It is hereby found that the ordinary operations of private enterprise cannot provide an adequate supply of decent, safe and sanitary housing which persons and families of limited income can rent or purchase. It is also found that private enterprise alone cannot provide or achieve the urgently needed rehabilitation of existing housing to a decent, safe and sanitary condition so that it can be rented or purchased by families and persons of limited income. As a result, families and persons of limited income are forced to reside in housing which is indecent, unsafe and unsanitary. Accordingly, it is determined that it is a valid public purpose and a matter of public health, safety, convenience and welfare to provide decent, safe and sanitary housing for families and persons of limited income who otherwise would be unable to rent or purchase same and to encourage the investment of private capital and the participation of private enterprise in providing such housing. It is further found that there exists at 2170 Johnson Ferry Road in DeKalb County, Georgia, a tract of land on which certain improvements presently exist, commonly and hereinafter called the `Oglethorpe Tract'. Said tract is appropriate for development, rehabilitation and use as a housing development wherein decent, safe and sanitary housing can be provided for families and persons of limited income and said tract is hereby designated as the `area of operation' of the Authority. Notwithstanding the fact that the Authority shall be restricted geographically to said area of operation insofar as the physical location of any of its housing developments or projects is involved, it shall be concerned with the housing needs of all families and persons of limited income who are residents of DeKalb County. Section 4 . Said Act is further amended by striking subsections (a), (d), (e) and (g) of section 3 in their entirety

Page 3056

and inserting in lieu thereof new subsections (a), (d), (e) and (g), to read as follows: (a) `Authority' shall mean the DeKalb County Oglethorpe Housing Development Authority created by Section 4 of this Act, and `Board shall mean the Board of Directors of the Authority. (d) `Community facilities' and `related facilities' shall mean the land, buildings, improvements and equipment for such incidental and appurtenant recreational, community, educational, cultural and commercial facilities, rights, licenses and interests as the Authority determines will improve the quality and viability of the housing developments or projects which it sponsors. (e) `Housing development' shall mean an undertaking sponsored by the Authority in its area of operation in DeKalb County for the purpose of providing decent, safe and sanitary housing to families and persons of limited income. Such development may include community facilities. (g) `Families or persons of limited income' shall mean families or persons of low and moderate income deemed by the Authority to require such assistance in securing decent, safe and sanitary housing as it is empowered by this Act to provide on account of insufficient family or personal income taking into consideration, without limitation, such factors as (i) the amount of the total income of such families or persons available for housing needs; (ii) the size of the family; (iii) the cost and condition of housing facilities which are available; (iv) the eligibility of such families and persons for federal housing assistance of any type predicated upon their low or moderate income status; and (v) the ability of such families and persons to compete successfully in the then existing housing market and to pay the amounts at which private enterprise is providing decent, safe and sanitary housing. Except as otherwise provided in this Act, the Authority shall fix income limits as to families or persons who shall be entitled to rent or purchase dwelling accommodations in any housing development sponsored by the Authority. In defining the income of any family for the

Page 3057

purpose of this Act, the Authority shall consider income from all sources of each member of the family residing in the household, except there shall be excluded: (1) the income of any family member, other than a head of household or his spouse, who is under 18 years of age or is a full-time student; (2) the first $300.00 of the income of a secondary wage earner who is the spouse of the head of household; (3) an amount equal to $300.00 for each member of the family residing in the household (other than the head of household or his spouse) who is under 18 years of age or who is 18 years of age or older and is disabled or handicapped or a full-time student; (4) nonrecurring income, as determined by the Authority; (5) five per centum (5%) of the family's gross income; and (6) such extraordinary medical or other expenses as the Authority approves for exclusion. In no event shall the Authority commit to aid any family, including `one-person families', pursuant to this Act where the income of such family at the time exceeds eighty per centum (80%) of the median family income of families of the same size in DeKalb County. Where disabled, handicapped or elderly persons are involved, the Authority may, pursuant to rules and regulations adopted by its Board of Directors, exceed the limitation expressed in the next preceding sentence, but in no event shall it exceed a limitation of ninety-five per centum (95%) of said median family income. Section 5 . Said Act is further amended by striking subsections (h), (i) and (j) of section 3 of said Act and by inserting a new subsection (h) which shall read as follows:

Page 3058

(h) `Area of operation' shall mean the area within which the Authority is authorized by this Act to carry out the public purposes herein specified. Section 6 . Said Act is further amended by striking the first two paragraphs of section 4 in their entirety and inserting in lieu thereof the following two paragraphs: There is hereby created a body corporate and politic to be known as the `DeKalb County Oglethorpe Housing Development Authority' hereinafter referred to as the `Authority', which shall be deemed an instrumentality of the State of Georgia. The Chairman of the Board of Commissioners, with the advice and consent of the Board of Commissioners, shall appoint the Board of Directors of the Authority. The Board shall be composed of seven members, each of whom shall be a resident of the county. The membership of the Board shall include, but not be limited to, a representative of the development and building industry, a representative of a county financial institution, a resident of the neighborhood surrounding the Authority's area of operation, a member of the DeKalb Housing Authority and a member of the DeKalb County Planning Commission. The Chairman of the Board of Commissioners or his designee shall serve as an ex officio nonvoting member of the Board. The determination of the Chairman of the Board of Commissioners and of the Board of Commissioners that appointed members of the Board are representative of the specified groups named above shall be conclusive. Section 7 . Said Act is further amended by striking the last sentence of the eighth paragraph of section 4 and inserting in lieu thereof the following sentence: No vacancy in the Board of Directors shall impair the right of a majority of such quorum of the Board to exercise all rights and to perform all duties and powers of the Authority. Section 8 . Said Act is further amended by striking sub

Page 3059

sections (e), (g), (k) and (p) of section 5 in their entirety and inserting in lieu thereof new subsections (e), (g), (k) and (p), to read as follows: (e) to acquire, hold, manage, operate and dispose of real and personal property, tangible and intangible, for its corporate purposes; (g) to borrow money from any source whatsoever, to issue promissory notes, revenue bonds or other such instruments as evidence of such indebtedness, to assign, transfer, mortgage or pledge as collateral therefor any real or personal property, tangible and intangible, or any interest therein whatsoever which it may own or possess and to provide for the rights and remedies of the lenders or holders of such notes, bonds or other such instruments; (k) to invest any funds held in reserves or sinking funds established pursuant to any resolution or trust indenture authorizing the issuance of its bonds or other obligations, in general and direct obligations of the United States of America and in obligations which are fully guaranteed as to principal and interest by the United States of America; (p) to contract with the United States of America and any of its agencies and with any one or more municipal corporations located wholly or partially within said county for a term not to exceed 50 years in furtherance of its corporate purposes and said county and such municipal corporations, subject to the approval of their governing bodies, are authorized to enter into such contracts with the Authority; provided, however, all site plans or financial arrangements exceeding $50,000.00, excluding bonds, wherein the Authority obligates itself to either the United States, State of Georgia, DeKalb County, or other lender, be it public or private, in connection with the purposes of this Act, until the issuance of bonds by the Authority for the purpose of funding such plan or arrangement, shall be submitted to the Board of Commissioners for approval by a majority vote thereon before said financial agreement shall be executed by the Board of Directors of the Authority, or any executive

Page 3060

officer thereof, with any other person, firm, partnership, corporation or any other business entity. Section 9. Said Act is further amended by inserting at the end of section 5 two new subsections to be designated subsections (q) and (r), to read as follows: (q) to purchase and enter into commitments to purchase from lenders mortgage loans originated by such lenders to finance housing for eligible persons and families of limited income, subject to such terms and conditions as the Authority may determine are required to assure the accomplishment of its corporate purposes. Such purchases of mortgage loans by the Authority from lenders shall be subject to the following terms and conditions: (1) At or before the time of transfer, the lender shall certify to the Authority with respect to all mortgage loans transferred to the Authority: (A) that the mortgage loan would in all respects be a prudent investment for its own account; and (B) that the mortgage loans transferred to the Authority are for housing for persons and families of limited income. (2) Mortgage loans purchased or sold may include, but shall not be limited to, loans which are insured, guaranteed or assisted in whole or in part by the United States of America or an instrumentality thereof. (3) The Authority shall adopt rules governing the purchase and sale of mortgage loans, the making of loans to lenders, including rules as to: (A) procedures for the submission of requests or the invitation of proposals for loans to lenders or from lenders for the purchase and sale of mortgage loans; (B) locations of dwelling units or other requirements of housing to be financed by such mortgage loans;

Page 3061

(C) instructions as to interest rates on such mortgage loans or the rate realized therefrom by lenders; (D) schedules of any fees and charges necessary to provide for expenses and reserves of the Authority; and (E) any other matters reasonably related to the duties and the exercise of the powers of the Authority under this Section. (r) to make loans to mortgage lenders under terms and conditions requiring the proceeds thereof to be used by such lenders for the making of mortgage loans to eligible persons and families of limited income. At or before the time of the making of a loan by the Authority to a lender, such lender shall certify to the Authority that it will proceed as promptly as practicable to make and disburse from such loan proceeds mortgage loans for residential housing for persons and families of limited income within the county, having a stated maturity of not less than 15 years from the date thereof, in an aggregate principal amount equal to the amount of such loan, or to invest in short-term obligations pending the making of such mortgage loans. (1) Loans made under this subsection shall be evidenced by notes, bonds or other securities of the lender in accordance with rules of the Authority, including but not limited to, securities of the lender which are guaranteed by the United States or any instrumentality thereof. (2) The Authority may require additional security as to the payment of both the principal and interest by a pledge of and lien upon collateral security in such amounts and consisting of such obligations and securities as the Authority shall by resolution determine to be necessary to assure the payment of such loans and the interest thereon as the same become due. A lender shall, if collateral is to be provided for the loan, upon receipt of the loan proceeds from the Authority, enter into an agreement with the Authority containing such provisions as the Authority considers necessary and advisable to identify and maintain such collateral and service the same and shall provide that such lender shall

Page 3062

hold such collateral as an agent for the Authority and shall be held accountable in accordance with provisions of such agreement. The lien upon such collateral security and the agreement with the Authority shall be binding from and after the time made against all parties having claims of any kind against such lender. Section 10. 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. Purpose. The Authority shall exist for the purpose of developing and promoting the development of decent, safe and sanitary housing and other community facilities in its area of operation for lease or sale to families and persons of limited income pursuant to the declaration of necessity set forth above. In no event, however, shall the Authority be obliged to require that resales of individual residences which it shall have sold or on which it shall hold a mortgage or with respect to which it shall have indirectly provided a mortgage loan through a loan to a lender, be made only to a person or family of limited income, since any such resales to persons or families of more than limited income will also serve a broad housing purpose of this State and DeKalb County, namely, that of dispersing publicly assisted housing. Section 11. Said Act is further amended by striking the word and at the end of subsection (b) of section 7, by striking the period following the word operations in subsection (c) of section 7 and inserting in lieu thereof the following: , for debt service and for extensions and improvements; and, so that when so amended, subsection (c) of section 7 shall read as follows: (c) create and maintain reasonable reserves of capital

Page 3063

for its future operations, for debt service and for extensions and improvements; and. Section 12. Said Act is further amended by adding at the end of section 7 a new subsection to be designated subsection (d) to read as follows: (d) discharge any other pecuniary obligation of the Authority of any nature whatsoever incurred in furtherance of the Authority's corporate purposes. Section 13. 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. Tax Exempt Status of Authority Properties; Payments in Lieu of Taxes. The property of the Authority is declared to be public property used for essential public and governmental purposes and not for the purposes of private benefit or income, and such property of the Authority shall be exempt from all taxes and special assessments of the State of Georgia, or any political subdivision thereof, public body or taxing district; provided, that in lieu of such taxes or special assessments, the Authority may agree to make payments for improvements, services and facilities furnished by the county, any municipality or any political subdivision, but in no event shall such payments exceed the estimated cost to the county or any such municipality or political subdivision of the improvements, services or facilities to be so furnished. Section 14. Said Act is further amended by striking subsections (a) and (d) of section 9 in their entirety and inserting in lieu thereof the following subsections (a) and (d): (a) The Authority shall have the power and authority and is hereby authorized from time to time to issue its revenue bonds, which shall have all the qualities and incidents of negotiable instruments, in such principal amounts as, in the opinion of the Authority, shall be necessary to provide sufficient funds to achieve the corporate purposes

Page 3064

stated herein, taking into consideration, without limitation: the acquisition of land, improvements, easements, rights and franchises; the acquisition, construction and equipping of new housing; the acquisition, rehabilitation, renovation, refurbishing and equipping of existing structures; the acquisition, construction, rehabilitation and equipping of community facilities; the providing of funds to purchase from lenders mortgage loans originated by such lenders to finance housing for eligible persons and families of limited income; the providing of funds to be lent to mortgage lenders under terms and conditions requiring the proceeds to be used by such lenders for the making of mortgage loans to eligible persons and families of limited income; the payment for engineering, architectural, legal and other related costs; the payment of financing charges; the payment of interest on such bonds during any such period of construction or rehabilitation and for one year thereafter; the establishment of operating or debt service reserves to secure such bonds; the payment of fees to fiscal agents for financial and other advice or supervision; the payment for plans and specifications and other expenses incidental to determining the feasibility or practicability of a housing development or project; the payment of administrative expenses and all other expenses incurred and disbursements made properly necessary and incident to the acquisition or development of the completed housing development and properly necessary or incident to the authorization and issuance of such bonds; and all other expenditures of the Authority which are incident to and necessary and convenient in order for the Authority to secure to itself or to promote and develop the creation of the housing development or developments required in carrying out its corporate purposes. (d) Bonds of the Authority shall be issued and validated in accordance with the applicable provisions of the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended, and may be sold at public or private sale, and at a discount if the Authority determines the same appropriate. Section 15. Said Act is further amended by striking subsection (a) of section 10 in its entirety and inserting in lieu thereof the following subsection (a):

Page 3065

(a) to pledge, hypothecate, assign and transfer, by resolution, indenture or other instrument or agreement, all or any part of its gross or net rents, fees, revenues, choses in action or other tangible or intangible properties to which its right then exists or may thereafter come into existence;. Section 16. Said Act is further amended by adding at the end of section 12 the following: The Board of Directors may adopt a bylaw, rule or regulation to provide for the manner in which and by whom its meetings are to be called., so that when so amended, section 12 shall read as follows: Section 12. Meetings of the Board of Directors of the Authority. All meetings of the Board of Directors shall be open to the public and no official action of the Board of Directors shall be valid unless same is conducted in a meeting open to the public. The time, date and place of said meetings shall be in the sole discretion of the Board of Directors of the Authority provided, however, the Board of Directors shall transact no business and exercise no powers of the Authority except at meetings conducted within the limits of DeKalb County, Georgia. The Board of Directors may adopt a bylaw, rule or regulation to provide for the manner in which and by whom its meetings are to be called. Section 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. To Introduce Local Legislation. Notice of intention to introduce local legislation concerning Oglethorpe Housing Foundation and for other matters concerning therewith. James W. Tysinger Senator District 41

Page 3066

Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Local Legislation Introduction, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 27 day of Feb., 1975 and 6, 13 Mar. '75. Gerald W. Crane, Publisher (by) Betty Branch, Agent Sworn to and subscribed before me, this 13th day of March, 1975. /s/ Betty M. Branch Notary Public. My commission expires Oct. 18th, 1977. (Seal). Approved April 17, 1975. FULTON COUNTYRETIREMENTMILITARY CREDIT PROVIDED. No. 197 (Senate Bill No. 73). An Act to amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pension to county employees, approved March 3, 1939 (Ga. L. 1939, p. 571), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 3261), so as to authorize employees of Fulton County to claim credit for military service when they have obtained five (5) years of creditable service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3067

Section 1. An Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pension to county employees, approved March 3, 1939 (Ga. L. 1939, p. 571), as amended, particularly by an Act approved March 31, 1972 (Ga. L. 1972, p. 3261), is hereby amended by striking the last sentence of section 1 of the amendatory Act of 1972 in its entirety and inserting in lieu thereof a new last sentence, to read as follows: Said officer or employee shall not be qualified to participate under the provisions of this Act until he has obtained five (5) years of creditable service in the Fulton County Employees Pension System and shall have been an honorably discharged member of said Armed Forces. 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 intention to apply to the January, 1975 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

Page 3068

annexed is a true copy, was published in said paper on the 19 26 days of December, 1974, and on the 2 9 days of January, 1975. As provided by law. Frank Kempton Subscribed and sworn to before me, this 13 day of January, 1975. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 15, 1975. Approved April 17, 1975. RICHMOND COUNTYPROBATE COURT JUDGE EMERITUSPROCEDURES PROVIDED. No. 199 (Senate Bill No. 112). An Act to provide the procedures whereby a Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) shall be eligible to become a Judge Emeritus of the Probate Court of Richmond County; to provide for the power, duties and responsibilities of such judge emeritus; to provide for the pension of such judge emeritus; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any Judge of the Probate Court of Richmond County (formerly the Court of Ordinary) who shall have at least fifteen years of service as judge of said court and ten years in the employment of the county and shall have attained the age of fifty-five years and who is still in service as such judge at the time of his eligibility, shall be eligible to become judge emeritus at his discretion at any time after becoming eligible by presenting evidence of his or her eligibility to the governing authority of his or her county, at which time he or she shall become judge emeritus.

Page 3069

Section 2. When said judge becomes judge emeritus of said court, the vacancy in office thus created shall be filled as required by law. Section 3. The said judge emeritus shall be empowered, qualified and authorized to hold court whenever the regularly elected judges of said court consider the condition of the docket congested to the extent that the services of an extra judge are needed, or when the regular elected judge feels that the needs of justice will be best met by said judge emeritus presiding, or where or when said regular elected or appointed judge of the probate court is disqualified by law. The judge emeritus may be called into service by order passed by the regular elected judge of said probate court. Section 4. The judge emeritus shall not hold any compensating position with Richmond County, or the State of Georgia, or any agency of the same except upon taking a leave of absence as such judge emeritus and forever waiving and relinquishing his or her pension during and for such leave of absence; the judge emeritus shall be disqualified from engaging in the practice of law in any court in which he or she is qualified to serve as judge pro hac vice. Section 5. Said judge emeritus shall be entitled to receive and shall receive a pension of fifty percent (50%) of the total amount received while a regular judge as computed on the twelve-month period immediately prior to becoming judge emeritus, to be paid monthly out of the treasury of the county, by the person or persons charged by law with paying out the money of said county. Provided, however, if the said judge shall choose to become judge emeritus at some point in time beyond his or her fifty-fifth birthday, he or she shall receive as pension two percent (2%) more (of the total amount received while a regular judge as computed on the twelve-month period immediately prior to becoming judge emeritus) per year for each year beyond his or her fifty-fifth birthday up to age sixty. Provided, further, in the event the said judge shall become incapacitated (mentally or physically) prior to reaching age fifty-five, he or she shall be deemed to have reached his or her

Page 3070

fifty-fifth birthday for the purposes of receiving the benefits provided by this Act. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 regular session of the General Assembly of Georgia a bill to establish the office of Judge Emeritus for the Judge of The Probate Court (formerly Court of Ordinary) of Richmond County Georgia to provide for the eligibility to become Judge Emeritus; to provide for the duties of the Judge Emeritus; to provide for the pension of the Judge Emeritus; and to repeal conflicting laws and for other purposes. This 16th day of December, 1974. /s/ Bill Sams Representative, 83rd District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Lester who, on oath, deposes and says that he is Senator from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Augusta Herald which is the official organ of Richmond County, on the following dates: December 26, 1974, January 2, 9, 1975. /s/ Jimmy Lester Senator, 23rd District. Sworn to and subscribed before me, this 21st day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 17, 1975.

Page 3071

TOWN OF TRIONCHARTER AMENDEDTERMS OF CERTAIN OFFICIALS CHANGED. No. 200 (Senate Bill No. 117). An Act to amend an Act incorporating the Town of Trion in the County of Chattooga, approved December 18, 1897 (Ga. L. 1897, p. 352), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2940), so as to provide for increasing the length of the terms of the mayor, recorder and five members of the town council as the governing body of the Town of Trion; to provide 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 Trion in the County of Chattooga, approved December 18, 1897 (Ga. L. 1897, p. 352), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2940), is hereby amended by adding a new Section between sections 13 and 14 of said amendatory Act approved February 21, 1951 (Ga. L. 1951, p. 2940), to be designated section 13A and to read as follows: Section 13A. Any provisions of section 13 of this Act to the contrary notwithstanding, beginning with the regular biennial election held on the first Thursday in January 1976, for the purpose of electing a mayor, a recorder and five (5) members of the town council, the mayor and three (3) of the council members shall be elected for a term of four (4) years, and the recorder and two (2) of the council members shall be elected for a term of two (2) years beginning on the first Monday in February. In all elections for mayor and recorder the person receiving the greatest number of votes shall be declared elected. In the election for members of the town council, the five candidates receiving the highest number of votes shall be declared elected to council seats as follows: The candidate receiving the highest number of votes shall be declared elected to Council Seat No. 1, the candidate receiving the next highest number of votes to

Page 3072

Council Seat No. 2, and the candidate receiving the third highest number of votes to Council Seat No. 3, each of which shall be for a term of four (4) years beginning on the first Monday in February or until their successors are elected. The candidates receiving the fourth and fifth highest number of votes shall be declared elected to Council Seats Nos. 4 and 5, respectively, each of which shall be for a term of two (2) years beginning on the first Monday February, or until their successors are elected. Thereafter, beginning with the regular biennial election held on the first Thursday in January 1978, which will be for the purpose of electing a recorder and two (2) members of the town council holding Council Seats Nos. 4 and 5, the said recorder and two members of the town council holding Council Seats Nos. 4 and 5 shall be elected for a term of four (4) years beginning on the first Monday in February, or until their successors are elected. In said election the candidates for town council receiving the highest number of votes shall be declared elected to Council Seat No. 4 and the next highest number of votes to Council Seat No. 5. Thereafter, regular biennial elections shall be held on the first Thursday in January for the purpose of electing candidates to those offices whose terms expire during the current year. In all elections, candidates for membership on the town council receiving the highest number of votes shall be declared elected to those council seats as hereinabove set forth whose terms expire during that current year. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to amend the charter for the City of Trion so as to change the terms of office of the Mayor and Councilmen

Page 3073

and Recorder; to provide for staggered terms for Councilmen; to provide the procedures connected with the foregoing; and for other purposes. This 18th day of December, 1974. James H. Sloppy Floyd Representative, 5th District. Georgia, Chattooga County. Personally appeared before me, the undersigned attesting officer, Winston E. Espy, who being first duly sworn says on oath that he is Publisher of The Summerville News, a newspaper of general circulation and the one in which sheriff's advertisements are published in Chattooga County, Georgia, and that the notice shown below of intention to introduce legislation has been duly and regularly published in The Summerville News in the three issues dated December 19, 1974, December 26, 1974 and January 2, 1975. /s/ Winston E. Epy Sworn to and subscribed before me, this 16th day of January, 1975. /s/ Mrs. Vanita K. Surles. Notary Public, Chattooga County, Georgia. My Commission Expires February 11, 1977. Approved April 17, 1975. CITY OF ELLENTONNEW CHARTER. No. 202 (Senate Bill No. 158). An Act to provide a new Charter for the City of Ellenton, Georgia, in the county of Colquitt; to provide for the incorporation of said city; to provide for corporate boundaries;

Page 3074

to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Ellenton, to be exercised by the governing authority; to provide for the powers, duties and authority of the city and its officers, officials and employees and the citizens of the city; to provide for general and specific powers; to provide for construction of this charter and the powers of the city; to provide for the exercise of powers, functions, rights, privileges and immunities; to provide for ordinances, bylaws, rules and regulations; to provide for a city council and the members, terms of office, election, duties, powers, authority, meetings, compensation, quorums, qualifications, and vacancies in the office of councilmen; to provide for a mayor and a mayor pro tempore and their terms of office, election or appointment, duties, powers, authority, compensation, qualifications, and vacancies; to provide for prohibitions on holding certain offices or positions of employment, voting, and dealing with the city; to provide for inquiries and investigations; to provide for the general power and authority of the council; to provide for the organization and procedures of the mayor and council; to provide for oaths; to provide for rules of procedure; to provide for regular and special meetings; to provide for ordinances and their adoption; to provide for codes of technical regulations; to provide for codifications of laws and ordinances; to provide for the executive branch of city government and its organization; to provide for departments and employees of city government; to provide for boards, commissions, and authorities; to provide for a city manager and his appointment, qualifications, compensation, duties, powers, and authority; to provide for a city attorney and his appointment, qualifications, compensation, duties, powers, and authority; to provide for administrative officers, including a city clerk, tax collector and city accountant, and their appointment, qualifications, compensation, duties, powers, and authority; to provide for personnel administration; to provide for a mayor's court and its judges, jurisdiction, practices, procedures, powers, and authority; to provide for appeals and rules; to provide for elections and the practices, procedures,

Page 3075

and requirements connected with such elections; to provide for the conduct of elections; to provide for the removal of elective officers and the practices and procedures connected therewith; to provide for taxation and the practices and procedures connected therewith; to provide for property taxes, tax levies, tax due dates, tax bills, and the collection of delinquent taxes; to provide for licenses, occupational taxes, excise taxes, sewer service charges, sanitary and health service charges, and special assessments; to provide for the transfer of executions; to provide for general obligation bonds, revenue bonds, and short term notes; to provide for a fiscal year; to provide for the preparation and submission of budgets; to provide for property tax levies; to provide for appropriations; to provide for contracting procedures and purchasing and disposal of city property; to provide for official bonds; to provide for existing ordinances and regulations; to provide for Section captions; to provide for penalties; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Ellenton, approved August 13, 1910 (Ga. L. 1910, p. 703), as amended; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I INCORPORATION AND POWERS Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of Ellenton, Georgia, repealing and replacing the charter provided by an Act of the General Assembly approved August 13, 1910 (Ga. L. 1910, p. 703), as amended. The City of Ellenton, Georgia, in the County of Colquitt, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of Ellenton, 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.

Page 3076

Section 1.11. Corporate Boundaries. (a) The boundaries of the City of Ellenton 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 Ellenton, at all times, shall be shown on a map, a written description or any combination thereof, to be retained permanently in the city hall and to be designated, as the case may be: Map (or Description) of the Corporate Limits of the City of Ellenton, 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 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 1.12. Specific Powers. The corporate powers of the government of the City of Ellenton, to be exercised by the governing authority, 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; 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

Page 3077

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 to raise revenue for 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; (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 36-302 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, penalties and withdrawal of service for refusal or failure to pay same; and to fix 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 thirty (30) years; and to prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations of the Public Service Commission;

Page 3078

(10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or 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 of the city for the use of public utilities; (12) to provide for the acquisition, constructing, 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 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, 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; 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 riots and public disturbances; (16) to regulate or prohibit junk dealers, pawn shops,

Page 3079

the manufacture, sale or transportation of intoxicating liquors, the use and sale of firearms, 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 by taxation or otherwise the conduct of peddlers, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever; (18) to license, tax, regulate or prohibit professional fortune telling or palmistry; (19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads 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; to regulate the collection and disposal

Page 3080

of garbage, rubbish and refuse by others; 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 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 and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (26) 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; (27) 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; (28) to define a nuisance and provide for its abatement whether on public or private property; (29) 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; (30) 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; (31) to provide that persons given jail sentences in the

Page 3081

mayor's court may 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; (32) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the City of Ellenton; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting offenses against the laws of this State, are deemed by the governing authority to be detrimental and offensive to the peace and good order of the City of Ellenton or to the welfare of the citizens thereof; (33) to regulate and license, or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinance enacted hereunder; (34) 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; (35) 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; (36) to provide and maintain a system of pensions and retirement for officers and employees of the city; (37) to levy and provide for the collection of special assessments to cover the costs of any public improvements;

Page 3082

(38) 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; (39) 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 powers conferred upon or delegated to same; (40) 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; (41) to provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (42) to exercise the power of arrest through duly appointed policemen; (43) 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; (44) to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully 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

Page 3083

be exclusive of others nor restrictive of general words and phrases granting power, but shall be held to be an addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the city 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, 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. ARTICLE II LEGISLATIVE BRANCH Section 2.10. Creation, Composition, Number, Election. The legislative authority of the government of the city of Ellenton except as otherwise specifically provided in this

Page 3084

charter shall be vested in a city council to be composed of a mayor and five (5) councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualifications of Office. The mayor and councilmen 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: (1) he has been a resident of the city for a period of one (1) year immediately prior to the date of the election of mayor or councilman; (2) he continues to reside therein during his period of service; (3) he is registered and qualified to vote in municipal elections of the City of Ellenton; and (4) he meets 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) The 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) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualification 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) 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 Expense. The mayor shall receive as compensation for his services the amount of fifteen dollars ($15) per month. The councilmen shall receive as compensation for their services the amount of ten dollars ($10) per month. The mayor and councilmen shall

Page 3085

be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14. Prohibitions. (a) Except as authorized by law, neither the mayor nor any councilman shall hold any other elective city office during the term for which he was elected. (b) Neither the mayor nor any councilman 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 for the City of Ellenton 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 Ellenton. The council may enforce such ordinances by imposing penalties for violation thereof. Section 2.17. Chief Executive Officer. The mayor shall be the chief executive of the City of Ellenton. He shall possess, have and exercise all of the executive and administrative powers granted to the city under the Constitution and

Page 3086

laws of the State of Georgia and all the executive and administrative powers contained in this charter. Section 2.18. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (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; (e) see that all laws and ordinances of the city are faithfully executed; (f) exercise supervision over all executive and administrative activities; (g) 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; (h) call special meetings of the council as provided for in Section 2.21 (b) of this charter; (i) examine and audit all accounts of the city before payment; (j) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (k) perform other duties as may be required by law, this charter or ordinance; (l) vote at council meetings only in case of a tie vote among the councilmen.

Page 3087

Section 2.19. Mayor Pro Tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore, 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 mayor pro tempore shall be elected by the members of the council at the first regular meeting of the council in January each year for a term of office of one (1) year. Section 2.20. Organizational Meeting. The council shall meet for organization at the regular scheduled meeting following the election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear that I will well and truly perform the duties of (mayor or councilman as the case may be) of the City of Ellenton 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 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 as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor. Notice of such special meeting shall be served on all other members personally, or by telephone personally, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting, and attendance at the 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

Page 3088

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 council shall be public. 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 journal shall be a public record. Section 2.23. 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 three (3) or more councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter. 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. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: The Council of the City of Ellenton 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. 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 procedures and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded

Page 3089

by the city clerk pursuant to section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.26. 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. The general codification shall be adopted 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 Ellenton, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and shall be 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 Ellenton, 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.

Page 3090

ARTICLE III EXECUTIVE BRANCH 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 it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies 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, position of employment, departments and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such 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 council. (c) Except as otherwise provided by this charter the directors of departments and other appointed officers of the city shall servea 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. Section 3.11. Boards, Commissions, and Authorities. (a) All members of boards, commissions and authorities shall

Page 3091

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 perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance 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 two (2) or more 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 chairman and one (1) member as vice chairman for terms of one (1) year and may elect as its secretary one (1) of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city government may establish such bylaws, rules and regulations,

Page 3092

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. Section 3.12. City Manager. The council may appoint a city manager. The duties and authority of the city manager shall be established by ordinance, and the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 3.13. City Attorney. The council may 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 mayor's court; shall attend the meetings of the council as directed; shall advise the council 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 3.14. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such other duties as may be required by law or as the council may direct. Section 3.15. City Tax Collector. The council may appoint a city 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. The city 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 3.16. City Accountant. The council may appoint a city accountant to perform the duties of an accountant.

Page 3093

Section 3.17. Consolidation of Functions. The council may consolidate any two (2) or more of the positions of city clerk, city tax collector, city accountant or any other positions or may assign the function of any one (1) or more of such positions to the holder or holders of any other position. Section 3.18. Position Classification and Pay Plan. The council may prepare a position classification and pay plan. Said plan may apply to all employees of the City of Ellenton and to 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 3.19. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, 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 the adequate and systematic handling of the personnel affairs of the City of Ellenton. ARTICLE IV JUDICIAL BRANCH Section 4.10. Mayor's Court. There is hereby established a court to be known as the mayor's court of the City of Ellenton 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; to punish any person who may counsel, advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding

Page 3094

before said court to go or move beyond the reach of the process of the court; and 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 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. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of twenty-one (21) years. The judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (b) The judge pro tem shall serve in the absence of the judge, shall be appointed by the council and shall take the same oath as the judge. (c) Before entering on the 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 mayor's court shall try and punish for crimes against the City of Ellenton and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed twenty-five dollars ($25) or three (3) days in jail. The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of one hundred dollars ($100) or imprisonment for sixty (60) days, or both. As an

Page 3095

alternative to fine or imprisonment, the mayor's court may 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 sixty (60) days. (b) The mayor's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement to the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (c) The mayor'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 appearance of persons charged with violations. Whenever any person gives bail for his appearance and fails to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi. If cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and such defendant fails to appear at the time and place fixed for trial, the cash 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 mayor'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 mayor'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 mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this charter or by State law.

Page 3096

(g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Ellenton 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 Colquitt 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 probate court; provided, however, that any person who fails to file his appeal within ten (10) days of the date on 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 mayor's 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 mayor's court proceedings at least forty-eight (48) hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections. On the second Monday in January, 1976, and biennially thereafter, there shall be an election for mayor and two (2) councilmen; on the second Monday in January, 1977, and biennially thereafter, there shall be likewise held an election for three (3) councilmen; provided, however, that in the years wherein the second Monday in January falls on a holiday, said elections shall be

Page 3097

held on the second Tuesday in January. The terms of office of members of the council shall begin at the day and hour of the taking of the oath of office as provided by Article II, section 2.20 of this charter. The presently elected and serving mayor and councilmen shall continue to hold their offices until said election in January 1976 or January 1977, whichever applies, at which time terms of office expire, and until their successors are elected and qualified. Section 5.11. Election Procedures. 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 procedures as may be necessary for the conduct of elections in the City of Ellenton. Section 5.12. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Ellenton as to primary, special or general elections shall conform to the provisions of the Georgia Municipal Election Code approved April 4, 1968 (Ga. L. 1968, p. 885), as now or hereafter amended. Section 5.13. Vacancies on Council. If the office of mayor or councilman becomes vacant for any cause whatsoever, the council or those remaining shall fill such vacancy by appointment. The qualifications of the appointee shall conform to the requirements of this charter. Upon all five (5) positions of the council becoming vacant, at the same time, the mayor shall call for a special election to be held within thirty (30) days after the call therefor for the purpose of filling such vacancies for the remainder of the respective terms of office for each council position. Upon the office of mayor and all five (5) positions of the council becoming vacant, at the same time, the city clerk shall call for a special election to be held within thirty (30) days after the call therefor for the purpose of filling such vacancies for the remainder of the respective terms of office for each council position and for the office of mayor. Section 5.14. Grounds for Removal. The mayor or any

Page 3098

councilman shall be subject to removal from office for any one or more of the following causes: (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 5.15. Procedure For Removal. Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of four-fifths vote of the entire membership of the council. If 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 Colquitt County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed in the Superior Court of Colquitt County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January

Page 3099

1 in each year, shall be subject to the property tax levied by the City of Ellenton. 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 real and personal property within the corporate limits of the city for the purpose of raising revenue to defray the cost of operating the city government, providing governmental services and for any other public purpose as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Ellenton is hereby exempted from the provisions of Georgia Code sections 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, in what length of time said taxes may be paid, whether said taxes may be paid in installments or in one lump sum, and when, how and upon what terms such taxes shall be due and payable. The council 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 police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which 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 shall have full power to levy by ordinance such

Page 3100

license and specific or occupational taxes upon the residents of the City of Ellenton, 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 any way which is lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; 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 Ellenton to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of said city. If unpaid, said sewer service charge shall constitute a lien against any property served, second in priority only to liens for county and city property taxes. Said lien 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, enforce, levy and 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 and benefiting from such service. Such authority shall include the power to assess, levy and collect annual 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 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

Page 3101

liens for county and city property taxes. Said lien 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 owner or owners, under terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty (30) days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent (10%) and shall thereafter be subject to interest at the rate of seven per cent (7%) per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes. 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 accordance 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. General Obligation Bonds. The council shall have the power to issue bonds to raise revenue for any project, program or venture authorized under this charter or

Page 3102

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 6.20. 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. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.21. Short Term Notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.22. Fiscal Year. The council may set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting of every office, department, institution, agency and activity of the city government unless otherwise provided by State or federal law. Section 6.23. Preparation of Budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs. Section 6.24. 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. Section 6.25. 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.

Page 3103

Section 6.26. Centralized Purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Ellenton. (b) The council may sell and convey any real or personal property owned or held by the City of Ellenton 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. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) 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 cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owners. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees, both elected and appointed, of the City of Ellenton shall execute such official bond in such amounts and upon such terms and conditions as the city council may from time to time require.

Page 3104

Section 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Ellenton 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 Ellenton not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Section Captions, Appendices. The captions to the several sections of this charter are informative only and are not to be considered as a part thereof. Section 7.13. Penalties. The violation of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and punishable by a fine of not more than one hundred dollars ($100) or by imprisonment not to exceed thirty (30) days or both such fine and imprisonment. Section 7.14. Specific Repealer. An Act incorporating the City of Ellenton in the County of Colquitt, approved August 13, 1910 (Ga. Laws 1910, p. 703), is hereby repealed in its entirety and all amendatory Acts thereto and all laws and parts of laws in conflict with this charter are likewise repealed in their entirety. Section 7.15. Severability. If any article, Section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, Section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 7.16. Repealer. All laws and parts of laws in conflict with this charter are hereby repealed.

Page 3105

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1975 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Ellenton, Ga. to provide for all matters relative thereto and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Franklin Sutton who, on oath, deposes and says that he is Senator from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Weekly Moultrie Observer which is the official organ of Colquitt County, on the following dates: December 26, 1974, January 2, 9, 1975. /s/ Franklin Sutton Senator, 9th District Sworn to and subscribed before me, this 24th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. OCONEE COUNTYBOARD OF COMMISSIONERSELECTION CHANGED, ETC. No. 205 (Senate Bill No. 171). An Act to amend an Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, so as to change the provisions

Page 3106

relating to the composition and election of the said board of commissioners; to change the provisions relating to the vice chairman of the board of commissioners; to provide for a clerk for the board of commissioners; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Oconee County, approved April 18, 1917 (Ga. L. 1917, p. 384), as amended, is hereby amended by providing that from and after January 1, 1977, the Judge of the Probate Court (formerly known as the Ordinary) of Oconee County shall not be an ex officio member of the Board of Commissioners of Oconee County. Section 2. Said Act is further amended by providing that from and after January 1, 1977, said board of commissioners shall be composed of a chairman and four members. The members shall be elected by a majority vote for numbered posts. Candidates for members of the board of commissioners shall announce their candidacy for one of four posts which shall be designated on the ballot as posts 1, 2, 3 and 4. The chairman shall be designated as chairman on said ballot. Section 3. Said Act is further amended by providing that from and after January 1, 1977, and at the first meeting of each year thereafter, the Board of Commissioners of Oconee County shall elect from their membership a vice chairman who shall exercise the duties of chairman in the event of vacancy, illness, incapacity or absence of the chairman. In the event of vacancy of the office of chairman, said performance of the duties by the vice chairman shall continue until the special election has been held electing a successor as provided for in Section 2 of an Act relating to the Board of Commissioners of Oconee County, approved July 21, 1925 (Ga. L. 1925, p. 727). Section 4. Said Act is further amended by providing that from and after January 1, 1977, the Board of Commissioners

Page 3107

of Oconee County at its first meeting of each year thereafter shall designate a clerk to record the minutes of the meetings of said board of commissioners and perform secretarial duties for the board and any other duties designated by the board of its chairman. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice Notice of intention to introduce local legislation; to provide for the removal of the Ordinary as ex officio member of the Board of Commissioners of Oconee County effective January 1, 1977; to provide for a Chairman and four elected members of the Board of Commissioners of Oconee County effective January 1, 1977; to provide for a Chairman and four elected members of the Board of Commissioners; to provide for numbered posts 1, 2, 3, and 4 for members of the Board of Commissioners; to provide for the annual election of a Vice-chairman from the membership of the Board of Commissioners of Oconee County; to provide for clerk of said Board, and for other purposes. Said legislation will be introduced into the General Assembly of Georgia in the 1975 regular session. Paul C. Broun Senator, 46th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Broun who, on oath, deposes and says that he is Senator from the 46th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is the official organ of Oconee County, on the following dates: January 9, 16, 23, 1975. /s/ Paul C. Broun Senator, 46th District

Page 3108

Sworn to and subscribed before me, this 5th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. GWINNETT COUNTY RECREATION AUTHORITY ACT. No. 206 (Senate Bill No. 233). An Act to create the Gwinnett County Recreation Authority and to authorize such Authority, to acquire, construct, equip, maintain and operate an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including, but not limited to, playgrounds, parks, hiking, camping, picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appeartaining to such undertakings, and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell 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 term of tenure and compensation, to authorize the Authority to contract with others pertaining to the recreational 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

Page 3109

the Authority including, but not limited to, earnings derived from leases and income from conveyances of real property of the Authority, and 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 trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Gwinnett County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; 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. 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; to amend an Act creating the Gwinnett County Recreation Authority (Ga. L. 1971, p. 4110), so as to provide for the merging, enlargement and expansion of Gwinnett County Recreation District No. 1; 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, Gwinnett County has been and is steadily increasing in population and Gwinnett County does not have adequate recreational facilities for its citizens and there exists an urgent need to provide the citizens of such County and environs and others with adequate recreational areas and facilities for the purpose of promoting the health, morals and general welfare of such citizens; and Whereas, it is advisable to authorize the financing, in whole or in part, of the acquisition, construction, equipping, maintenance and operation of an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including, but not limited to, playgrounds, parks, hiking, camping, picnicking areas and facilities, swimming

Page 3110

and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, the acquisition of parking facilities and parking areas in connection therewith, the acquisition of the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, by the issuance of revenue bonds or obligations of the Authority for that purpose. Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. Short Title. This may be cited as the Gwinnett County Recreation Authority Act. Section 2. Gwinnett County Recreation Authority. There is hereby created a body corporate and politic to be known as the Gwinnett County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The Authority is hereby granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the Authority as provided under the provisions of this Act. The Authority shall consist of not less than three (3) nor more than five (5) members who shall be residents of Gwinnett County and who shall be appointed by the Board of Commissioners of Gwinnett County. The members of the Authority shall be appointed to serve for a term of one (1) year from the date of such appointment and until their successors shall have been selected and appointed.

Page 3111

The Chairman of the Board of Commissioners of Gwinnett County or one of the members of the Board of Commissioners of Gwinnett County may be appointed to serve as members of the Authority, but in no event shall there be serving at any one time as members of the Authority more than one member of the Board of Commissioners or the Chairman. The two members of the Authority who are not a member of the Board of Commissioners or the Chairman of the Board of Commissioners shall reside in that area of Gwinnett County included within Gwinnett County Recreation District No. 1. The term of office of a member who holds his appointment by reason of his being a member of the appointing body, shall expire when his term of office as a member of such appointing body expires. 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 chairman and another member as vice-chairman and it shall also elect a secretary and treasurer, who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights. 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 reimbursed for all actual expenses incurred in the performance of their duties out of funds of the Authority. 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 Gwinnett

Page 3112

County Recreation Authority created in Section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of an athletic stadium or stadiums and the usual facilities related thereto, recreation centers and areas, including, but not limited to, playgrounds, parks, hiking, camping and picnicking areas and facilities, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, the acquisition of parking facilities or parking areas in connection therewith, the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such recreational facilities and areas, 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 and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, 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 and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, 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 the proceeds of revenue bonds issued under the provisions of this Act for such project.

Page 3113

(d) The terms revenue bonds, bonds and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto and in addition, shall also mean obligations of the Authority the issuance of which are hereinafter 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 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 powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, 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, subject to the provisions of section 26, 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

Page 3114

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 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 of Georgia for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in Gwinnett County or in any municipality incorporated in said County, the governing authority or body of said County or of any of said municipalities, is hereby authorized to convey title to such lands to the Authority upon payment for the credit of the general funds of said County or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said County or municipality and the Chairman of the Authority; (d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, subject to the provisions of Section 26, and any and all persons, firms and corporations, the State 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,

Page 3115

lease and sublease agreements, with the State of Georgia, or any agencies or departments thereof relative to parks and recreational centers, areas and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof and with the United States Government or any agency or department thereof and the Authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in Section 17 of this Act. Any provisions of this Act to the contrary notwithstanding any lease entered into between the Authority as lessor and Gwinnett County as lessee, the Authority shall accept and the County shall use for payment in accordance with the terms of any such lease only those funds obtained by Gwinnett County from a special recreation tax levy in Gwinnett County Recreation District No. 1, or any modification, expansion or enlargement of Gwinnett County Recreation District No. 1 where such special tax levy has been approved by the qualified electors in Gwinnett County Recreation District No. 1 or any modification, expansion or enlargement of Gwinnett County Recreation District No. 1 in a referendum held for the purpose of approving and authorizing the governing authority of Gwinnett County to levy a special tax on a district basis for recreation purposes. Any militia district within Gwinnett County shall have the perpetual right to be added to said district if approved by the electors residing therein in a referendum election, and the proceeds derived from the tax herein authorized shall be expended throughout the entire district on a fair and equitable basis. No such election within a militia district shall be held within 24 months of a previous election unless 15% of the electors residing therein shall sign a petition requesting an election.

Page 3116

(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/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (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 impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; but in no event shall revenue bonds be an obligation of Gwinnett County other than the one mill levied for recreational purposes. (j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (k) The Authority and the trustee acting under the trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in section 17 hereof;

Page 3117

(l) To borrow money for any of its corporate purposes from any bank, banks or other lending institutions for a period of time not to exceed 10 years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the Authority from a lease or leases entered into by the Authority as the lessor and Gwinnett County as the lessee, provided, however, said lease or leases were entered into pursuant to the provisions of this Act which limits the County to the use of tax funds derived solely from tax funds obtained from a special tax levy approved by the qualified electors in a referendum. (m) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, interest shall be payable semi-annually, principal shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et. seq.), as amended, and all procedures

Page 3118

pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 6. Same; Form; 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 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 be signed by the Chairman of the Authority and attested by the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary 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. 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 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 laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds

Page 3119

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 bond or any 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 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 constitue a debt of Gwinnett County, nor a pledge of the faith and credit of said County, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said County to levy or to pledge any form of taxation whatever therefor or to make

Page 3120

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 outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including, the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, 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 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

Page 3121

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 resolution or trust indenture 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 and any monies derived from the sale of any properties, both real and personal of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the 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) any premium upon bonds acquired by redemption, payment or otherwise, and (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5) any investment fees or charges. 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.

Page 3122

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 be reissued, printed and delivered. 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 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 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 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. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Gwinnett County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said

Page 3123

court which shall have exclusive, original jurisdiction of such actions. Section 20. 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 or the United States Government or any department or agency of the United States Government, if subject to being sued and if consenting to same, 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, 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 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, the State and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Gwinnett County Recreation Authority. Section 21. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, 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

Page 3124

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. 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 an athletic stadium or stadiums and the usual facilities related thereto, recreational centers and areas, including, but not limited to, stadiums, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, gymnatoriums and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority, necessary, convenient or desirable for an incident to the efficient and proper development and operation of such types of undertakings. Section 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and revise from time to time rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or 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, 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

Page 3125

of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made or the sale of any of its lands and facilities. Section 25. 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 recreational facilities shall be furnished. Section 26. (a) All meetings of the Authority shall be opened to the public at all times. Ample notice shall be given to all members of the Authority and to the public of any special or called meeting of the Authority. The minutes of all meetings and all actions taken by the Authority shall likewise be opened to public inspection. (b) Each purchase made in behalf of the Authority of personal property or services in excess of $500 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organ of Gwinnett County prior to the award of any contract. All bids shall be opened during meetings of the Authority and the rejection or acceptance thereof shall be entered upon the minutes of the Authority. (c) Any surplus or unserviceable property of the Authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organ of Gwinnett County. All bids for the disposal of such property shall be opened during public meetings of the Authority and the acceptance and rejection thereof shall be entered upon the minutes of the Authority. (d) The affirmative action of at least two-thirds of the members of the Authority shall be required in order that any action on behalf of the Authority may be taken. (e) At the conclusion of each fiscal year of the Authority

Page 3126

the affairs of the Authority shall be audited by a certified public accounting firm. The Board of Commissioners of Gwinnett County shall select the firm which shall conduct the audit. A synopsis of the audit shall be published in the official organ of Gwinnett County as soon as the report of the auditors is submitted to the Authority. (f) All funds of the Authority which are not required for the normal operations of the Authority shall be invested in interest bearing investments within 30 days of their receipt by the Authority. Section 27. Amend Ga. L. 1971 Sess. p. 4110, Gwinnett County Recreation District No. 1 Established, so as to add the following provision to Section 1 of said Act. The governing authority of Gwinnett County is authorized to merge, enlarge and expand the area within Gwinnett County Recreation District No. 1 and to include and incorporate within Gwinnett County Recreation District No. 1 additional General Militia Districts of Gwinnett County and to levy a tax, not to exceed one mill, on all property within any Gwinnett County Militia District brought into Gwinnett County Recreation District No. 1 by an enlargement, expansion or merger of said district, if the levying of such tax and merger is approved by a majority vote of those qualified voters of the area brought into said district voting at a special election to be called and conducted by the Board of Electors of Gwinnett County. The governing authority shall set the date for said elections, which shall be held and conducted as are other special elections. 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 purpose of promoting the health, morals and general

Page 3127

welfare of the citizens of the United States, of the State of Georgia and Gwinnett County, shall be liberally construed to effect the purposes hereof. Section 30. Effect of Partial Invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof. Section 31. Repeal. This Act does not in any way take from Gwinnett County or any municipality located therein, the authority to own, develop, operate and maintain public parks and recreational facilities, or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia (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. Section 32. 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. However, the Authority shall not become operative until such time as the governing authority of Gwinnett County shall, by appropriate resolution, declare the need for the Authority within Gwinnett County. Section 33. Repealer. 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 January, 1975 Session of the General Assembly of Georgia, a bill creating a Gwinnett County Recreation Authority,

Page 3128

conferring powers and imposing duties on said authority and for other purposes. This 8th day of January, 1975. /s/ Homer M. Stark Attorney for Gwinnett County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Reynolds who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Home Weekly which is the official organ of Gwinnett County, on the following dates: January 15, 22 29, 1975. /s/ Steve Reynolds Senator, 48th District. Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Yvonne Laine Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1975. Approved April 17, 1975. CERTAIN COUNTIES AND MUNICIPALITIESINTOXICATING BEVERAGES MAY BE CONSUMED ON PREMISES, ETC.REFERENDUM. (180,000190,000). No. 207 (Senate Bill No. 238). An Act to provide that in all counties of this State having a population of not less than 180,000 and not more than

Page 3129

190,000 according to the United States Decennial Census of 1970 or any future such census, and in certain municipal corporations located within such counties, 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 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. The provisions of any other law of this State to the contrary notwithstanding, in all counties of this State having a population of not less than 180,000 and not more than 190,000 according to the United States Decennial Census of 1970 or any future such census, and in all municipal corporations located within such counties, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, by ordinance of the governing body of such county or municipality, such sales for consumption on the premises shall be authorized at any time from 11:55 p.m. on Saturdays until 2:55 a.m. on Sundays. Section 2. Not less than five nor more than 180 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 election superintendent of each county having a population of not less than 180,000 and not more than 190,000, according to the United States Decennial Census of 1970 or any future such census, to issue the call for an election for the purpose of submitting to the electors of the unincorporated area of such county and to the electors of each incorporated municipality within such county the question of whether Section 1 of this Act shall be approved or rejected. The superintendent shall set the date of such election for a date to coincide with the date of any other countywide election or referendum but not later than the date of the presidential preference primary of 1976. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding

Page 3130

the date thereof in the official organ of each such county. The ballot shall have written or printed thereon the words: () YES () NO Shall the provisions of the Act authorizing the governing body of the county or municipalities located therein to permit the sale of alcoholic beverages, distilled spirits, malt beverages and wines for consumption on the premises at any time from 11:55 p.m. on Saturdays until 2:55 a.m. on Sundays be approved? Referendum. All persons desiring to vote for approval of Section 1 of the Act shall vote Yes and those persons desiring to vote for rejection of Section 1 of the Act shall vote No. If more than one-half of the votes cast on such question in the unincorporated area of the county or in any incorporated municipality within the county are for approval of Section 1 of the Act, it shall become of full force and effect in such unincorporated area of the county or in any such municipality, otherwise it shall be void and of no force and effect in such county or in any such municipality located within such county. The expense of such election shall be borne by the county. It shall be the duty of the superintendent to hold and conduct such 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 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 17, 1975.

Page 3131

SAVANNAH PORTS AUTHORITY ACT AMENDED. No. 208 (Senate Bill No. 244). An Act to amend an Act entitled An Act to make the Savannah Port Authority for the harbor and port of Savannah a body corporate and politic; to confer upon it certain powers, duties and jurisdiction; to authorize the City of Savannah to delegate to it lawful power, authority and function; to authorize it to exercise all power, authority and function granted and delegated it by the City of Savannah; to authorize the State of Georgia, the County of Chatham, or the City of Savannah to convey to it property for certain purposes, and the Savannah Port Authority to hold, own and operate said property for such purposes; to repeal the Act to create a Board of Harbor Commissioners for the City and port of Savannah, approved August 6, 1921 (Ga. L. 1921, p. 1067), and for other purposes, so as to strike from said Act the provision that the Savannah Port Authority is a department of the municipal government of the Mayor and Aldermen of the City of Savannah; to authorize said municipal government to provide a fine of not more than $1,000.00 and a penalty of not more than 90 days imprisonment, either or both, for violations of rules and regulations of the Savannah Port Authority; to authorize police officers of said municipal government and of Chatham County to make arrests for violations of said rules and regulations within the port district of Savannah; to provide for the publication by said Authority of notices of hearings held by it pursuant to law; to provide that rules and regulations of the Savannah Port Authority may be effective within and throughout the port district of Savannah; to repeal conflicting laws; and for other purposes. Whereas, by constitutional authority duly conferred upon it (Ga. L. 1923, p. 45), The Mayor and Aldermen of the City of Savannah shall have power to regulate the commerce and traffic of the harbor of Savannah in such manner as may in its judgment be best for its maintenance and development and the Mayor and Aldermen of the City of Savannah

Page 3132

may by ordinance or otherwise carry the same into effect; and The General Assembly may confer further and additional authority upon the Mayor and Aldermen of the City of Savannah touching the..... control of said..... harbor.....; and Whereas, the Mayor and Aldermen of the City of Savannah, pursuant to said constitutional authorization, adopted and approved on December 24, 1924, an ordinance creating the Savannah Port Authority and declaring it to be a department of the municipal government of the Mayor and Aldermen of the City of Savannah; and Whereas, said ordinance was cited in, and its language incorporated into and made a part of an Act of the General Assembly of Georgia, approved August 15, 1925 (Ga. L. 1925, pp. 1451, et seq.), declaring the Savannah Port Authority to be a body corporate and politic of the State of Georgia; and Whereas, by an Act of the General Assembly of Georgia, approved February 19, 1951 (Ga. L. 1951, p. 190), the name of said statutory authority was changed from Savannah Port Authority to Savannah District Authority; and Whereas, by an amendment to Article V of the Constitution of the State of Georgia known as Section VII, Paragraph II (Ga. L. 1951, p. 834), there was created a constitutional body corporate and politic known as the Savannah District Authority; and Whereas, by an amendment to said Section and Paragraph of said Article V (Ga. L. 1965, p. 675), the name of said constitutional body was changed from Savannah District Authority to Savannah Port Authority and the constitutional authority so renamed was declared to be one and the same body corporate and politic as the earlier statutory authority of the same name; and Whereas, the language of section 1 of said ordinance as incorporated in said Act provides a fine of not more than $100.00 and a penalty of not more than 30 days imprisonment

Page 3133

either or both, or part of either or both, for the violation of any rules and regulations of said Savannah Port Authority, adopted and approved as provided for in said ordinance; and Whereas, it is desirable that said Mayor and Aldermen of the City of Savannah shall have the power and authority to provide a fine larger than $100.00 and a penalty of more than 30 days imprisonment, either or both, for the violation of certain of the rules and regulations of the Savannah Port Authority, adopted and approved as aforesaid; and Whereas, it is proposed to repeal and declare void the said declaration in said ordinance as incorporated in said Act of December 24, 1924, declaring the Savannah Port Authority to be a department of the said municipal government; and Whereas, by said constitutional amendment (Ga. L. 1951, p. 854; also Ga. L. 1965, p. 675), the scope and jurisdiction of the Savannah Port Authority is limited and defined as being the territory embraced by Chatham County and the City of Savannah, and it is desirable that certain of the rules and regulations of said Authority be made effective within and throughout the port district as so defined, as well as within the harbor of Savannah as defined by law (Ga. L. 1919, p. 1310). Now, therefore, be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Savannah Port Authority a body corporate and politic, approved August 14, 1925 (Ga. L. 1925, pp. 1451-1466), as amended, is hereby amended by striking from the provisions of section 1 of the preamble to said Act as ratified and confirmed by reference thereto in section 2 of said Act, the concluding sentence thereof, to wit: The said Savannah Port Authority is hereby declared to be a department of the municipal government of the Mayor and Aldermen of the City of Savannah. Section 2. Said Act is hereby further amended by striking from section 3 of the preamble to said Act, as ratified

Page 3134

and confirmed, the words one hundred ($100.00) Dollars, and substituting there for the words one thousand ($1,000.00) Dollars, and by striking the words thirty days imprisonment and substituting therefor the words ninety days imprisonment. Section 3. Except as may be prohibited by the Constitution of the State of Georgia, as amended, police officers of the Mayor and Aldermen of the City of Savannah and of Chatham County are hereby given concurrent jurisdiction and authority to make arrests within and throughout the port district of Savannah for violations of the rules and regulations of the Savannah Port Authority which have been approved by the adoption of the same as ordinances or otherwise by the said Mayor and Aldermen of the City of Savannah and by the said county. Section 4. Said Act is hereby further amended by striking from section 6 of the preamble to said Act, as ratified and confirmed, the words the President of the Savannah Port Authority shall give notice of the time and place of hearing such application, to all parties interested by advertising twice a week for two successive weeks, in two newspapers of general circulation published within the county in which such work is to be done, and by posting notice upon the premises referred to in such applications; and by substituting therefor the words the Chairman of the Savannah Port Authority shall give notice of the time and place of hearing such application by publishing notice of the intention to hear same in the newspaper in which sheriff's advertisements for Chatham County are published, once a week for two weeks during a period of 30 days immediately preceding said hearing;, and by striking from said section within the city limits and substituting therefor the words within the port district of Savannah. Section 5. Said Act is hereby further amended by striking from section 5 of the preamble to said Act, as ratified and confirmed, the words within the city limits and substituting therefor the words within the port district of Savannah.

Page 3135

Section 6. Said Act is hereby further amended by striking the word President, wherever it appears in said Act, as designating the chief executive officer of the Savannah Port Authority and substituting therefor the word Chairman. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Chatham County. Personally appeared before me Donald E. Harwood, to me known, who being by me sworn, deposes and says: That he is the General Manager of Savannah News-Press, a registered name under which Southeastern Newspapers Corporation, a Georgia corporation, does business in Chatham County, Georgia. That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That as General Manager he is responsible for the publishing of said newspaper and is authorized by said publisher corporation to make affidavits on its behalf with regard to the publication of public notices, advertisements and other material appearing therein; 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 Jan. 15, 1975, Jan. 22, 1975 and Jan. 29, 1975 and finds that the following advertisement, to-wit: Notice of Intention to Apply For Local Legislation. Notice is hereby given of intention to apply for legislation

Page 3136

at the 1975 Session of the General Assembly Amending the Legislative Charter of the Savannah Port Authority. This 15th day of January, 1975. /s/ Sylvan M. Byck Jr. Chairman, Savannah Port Authority. appeared in each of said editions. /s/ Donald E. Harwood General Manager Savannah News-Press. Sworn to and subscribed before me, this 31st day of January, 1975. /s/ Mary M. Parker Notary Public, Chatham County, Ga. My Commission Expires Sept. 12, 1977. Approved April 17, 1975. CITY OF FAIRMOUNTNEW CHARTER. No. 210 (House Bill No. 6). An Act to repeal and replace the Charter of the City of Fairmount, Georgia, as provided by an Act approved August 18, 1927 (Ga. L. 1927, p. 1125), as amended; to create a new charter for said City; to prescribe the corporate boundaries of said City; to provide for the corporate powers of said City; to provide for the construction of this Act; to provide for the exercise of power conferred by this Act; to provide that all ordinances, bylaws, 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 creation of a legislative branch of the City government; to provide for a Mayor and

Page 3137

Councilmen; to provide for the terms and qualifications of office of the Council and the Mayor; to provide for the qualification, election, term of office, compensation, methods of filling vacancies, duties, powers, and obligations of the Mayor and Councilmen; to prohibit the holding of other offices and voting when personally interested; to provide that City Council shall be vested with all the powers of government of the said City; to provide that the Council shall have authority to adopt and provide for the execution of ordinances, resolutions, rules and regulations; to provide that the Council may create, change, alter, abolish, and consolidate offices, agencies, and departments; to provide for the election of a Mayor, his term of office, and how a vacancy in that office shall be filled; to provide for the duties of the Mayor; to provide for the term, qualifications, and compensation of the Mayor; to provide for the powers and duties of the Mayor; to provide for the election of a Mayor Pro Tem; to provide for an organizational meeting; to provide for regular and special meetings; to provide for a quorum and method of voting; to provide for actions requiring an ordinance; to provide for emergency ordinances; to provide for codes and technical regulations; to provide for signing, authenticating, recording, codification, and printing of ordinances; to provide for the submission of ordinances to the Mayor; to provide for the organization of an executive branch of the City government; to provide for administrative and service departments; to provide for boards, commissions, and authorities; to provide for the appointment of a City Attorney; to provide for the appointment of a City Clerk; to provide for the appointment of a City Tax Collector; to provide for the appointment of a City Accountant; to provide for consolidation of functions; to provide for position, classification and pay plans; to declare personnel policies; to provide for the establishment of a Judicial Branch of the City government; to provide for the creation of a Mayor's Court for said City; to provide for a Judge of said Court; to provide for the convening of said Court; to provide for the jurisdiction and powers of said Court; to provide for the right of appeal from said Court; to provide for rules of said Court;

Page 3138

to provide for regular elections and time for holding said elections; to provide for qualifying, nominations of candidates, and absentee ballots; to make applicable to elections the general laws of the State of Georgia; to provide for special elections for filling of vacancies; to provide for the removal of elective officers; to provide for a procedure for said removal; to provide for the establishment of property taxes; to provide for tax levies; to establish tax due dates and tax bills; to provide for the collection of delinquent taxes; to provide the power to levy licenses, occupational taxes, and excise taxes; to establish the power to assess and collect fees, charges, and tolls for sewer services; to establish the power to levy and collect the cost of sanitary and health services; to establish the power and authority to assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutter, sewers, or other utility mains and appurtenances; to provide for the transfer of executions; to establish the power to issue general obligation bonds; to provide for the power to issue revenue bonds; to provide for the power to obtain temporary loans; to establish a fiscal year; to provide for the preparation and execution of an annual operating budget and a capital improvement program; to provide for the submission of an operating budget to the City Council; to provide for action by the Council on the operating budget; to provide for property tax levies; to provide for additional appropriations; to provide for a capital improvements budget; to provide for contracting procedures; to provide for centralized purchasing; to establish the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon, and control streets, alleys, squares, and sidewalks of said City; to provide for municipal utilities; to provide for sewers and drains; to provide the right, easement, and franchise of laying necessary mains, pipes, conduits, and drains for water works and sewerage system purposes along the highways; to establish the power of eminent domain; to establish the power to regulate and license; to provide for the authority to grant franchises; to provide for the power and authority to enact building, housing, electrical and plumbing regulations; to provide

Page 3139

for other matters relevant to the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. CREATION, INCORPORATION, POWERS. Section 1.10. Incorporation. The City of Fairmount, Georgia, in the County of Gordon, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Fairmount, 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 to the extent allowed by the laws of the State of Georgia; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.11. Corporate Boundaries. (a) The boundaries of the City of Fairmount 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 Fairmount, 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 Mayor, and to be designated, as the case may be: Map (or Description) of the Corporate Limits of the City of Fairmount, Georgia. Alterations in these boundaries shall be indicated by the appropriate entries upon or additions to such maps 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 Mayor, shall be

Page 3140

admitted in evidence in all courts and shall have the 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 1.12. Specific Powers. The corporate powers of the government of the City of Fairmount, 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

Page 3141

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 governing authority, under section 36-202 of the Code of Georgia of 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 water works, 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 thirty (30) years; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with 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 libraries, sewers, drains, sewerage

Page 3142

treatment, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the 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 of 1933, or other applicable Public Acts, as are or may be enacted; (13) To require real estate owners to repair and maintain in 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, mechanical, 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; pawn shops; the manufacture, sale or transportation of intoxicating beverages; 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;

Page 3143

(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 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 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;

Page 3144

(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 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 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; (27) 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; (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 Mayor's Court shall work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for commitment of such persons to any

Page 3145

county work camp or jail by agreement with the appropriate county officials; (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 ordinances enacted hereunder; (35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the City; (36) To regulate and license vehicles operated for hire in the City; 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

Page 3146

corporations providing for services to be furnished and payments to be made therefor; (40) To create, alter or abolish departments, boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the City and the inhabitants thereof, and for preserving the health, 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 generals words and phrases granting powers; but shall be held to be

Page 3147

in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.33. 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 powers 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, agents, or employees shall be carried into execution as provided by this Charter. If this Charter makes no provisions, such powers, functions, rights privileges, and immunities shall be carried into execution as provided by ordinances 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. Section 2.10. Creation: Composition: Number: Election. The legislative authority of the government of the City of

Page 3148

Fairmount, 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 shall have a vote in case of a tie. The Mayor and Councilmen shall be elected in the manner provided by Article V of this Charter. The Mayor and Councilmen in office on the effective date of this Act shall continue in office until the expiration of the terms for which they were elected. Section 2.11. Terms and Qualifications of Office. The Mayor and members of the Council shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as Mayor or Councilman unless he has been a resident of the City of Fairmount for a period of one year immediately prior to the date of election of Mayor or members of the Council, continues to reside therein during his period of service, is registered and qualified to vote in municipal elections of the City of Fairmount, and meets 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) Vacancies. The 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 Office. The Mayor or any Councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this Charter or the laws of the State of Georgia; (2) 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 of this Charter.

Page 3149

Section 2.13. Compensation and Expenses. The Mayor and Council shall determine the salary of the Mayor and Councilmen by ordinance; provided, however, no ordinance increasing the salary of the Mayor or Councilmen shall become effective until the date of commencement of the terms of Mayor and Councilmen elected at the next regular election. Each Councilman and the Mayor, when authorized by the Mayor and Council and upon presentation of itemized vouchers, shall receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14. Prohibitions. (a) Holding other Office. Except as authorized by law, no member of the Council or Mayor shall hold any other elective City office or City employment during the term for which he was elected; and no former Mayor or Councilman shall hold any compensated appointive City office or City employment until one (1) year after expiration of the term for which he was elected to office. (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 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 the City of Fairmount, as provided by Article I of this Charter. (b) In addition to all other powers conferred upon it by law, the Council shall have the authority to adopt and provide

Page 3150

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 Fairmount, 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 2.17. Chief Executive Officer. The Mayor shall be the chief executive of the City of Fairmount. He shall possess, have, and exercise all 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 2.18. Powers and Duties. As the chief executive of the City of Fairmount, 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

Page 3151

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; (g) Call special meetings of the Council as provided for in Section 2.21 (b) of this Charter; (h) Approve or disapprove ordinances, as provided for in section 2.29 of this Charter; (i) Examine and audit all accounts of the City before payment; (j) Require any department or agency of the City to submit written reports in connection with the affairs thereof whenever he deems it expedient; (k) Preside at all meetings of the City Council; (l) Be the official head of the City for the service of process and for ceremonial purposes; (m) Have power to administer oaths and take affidavits; (n) Sign all written contracts and instruments executed on behalf of the City and all other contracts and instruments executed by the City which by law are required to be in writing; (o) Vote at Council meetings only in case of a tie vote among Councilmen; (p) Perform other duties as may be required by law, this Charter, or ordinance. Section 2.19. Mayor Pro Tem. During the absence or disability of the Mayor, for any cause, the Mayor Pro Tem, who shall be elected as provided for in Section 2.20, or

Page 3152

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 2.20. Organizational Meeting. The Council shall meet for organization on the first Monday in January. The meeting shall be called to order by the City Clerk and the oath of office shall be administered to the newly elected members of the Council as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of (Mayor or Councilman as the case may be) of the City of Fairmount 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 2.21. 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 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 two 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

Page 3153

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. 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. Two 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 all Councilmen shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this Charter. 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. The enacting clause shall be The Council of the City of Fairmount 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 under section 2.22 of this Charter; 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

Page 3154

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. Section 2.25. 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 the meeting at which it is introduced, but the affirmative vote of at least two Councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed sixty (60) days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.26. 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(b) 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 ordinances; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the Clerk pursuant to section 2.26(a).

Page 3155

(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 2.27. 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. (b) The Council may provide for the preparation of a general codification of all of the ordinances of the City having the force and effect of law. Section 2.28. Veto Power of 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 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 all four 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 by this section.

Page 3156

ARTICLE III. EXECUTIVE BRANCH. 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 shall receive such compensation as prescribed by ordinance of City Council.

Page 3157

Section 3.11. Boards, 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 two 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) 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 chairman and one member as vice chairman for terms of one year and may elect as its secretary an employee of the City. Each board, commission, or authority of the City government may establish such bylaws, rules, and regulations, not inconsistent with this Charter, ordinances of the City, or applicable State law, as it deems appropriate and necessary for

Page 3158

the conduct of its affairs, copies of which shall be filed with the Clerk of the City. Section 3.12. 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 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 City affairs; and shall perform such other duties as may be required of him by virtue of his position as City Attorney. Section 3.13. 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 3.14. 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 3.15. City Accountant. The Council shall appoint a certified public accountant to audit the City records annually. Section 3.16. Consolidation of Functions. The Council may consolidate any two or more of the positions of City Clerk, Tax Collector, and City Accountant, or any other positions, or may assign the functions of any one or more such positions to the holder or holders of any other positions;

Page 3159

the Council may designate a consolidation of these positions and functions by the use of an ex officio title such as clerk-treasurer, clerk-accountant, or any other appropriate title. ARTICLE IV. JUDICIAL BRANCH Section 4.10. Creation of Mayor's Court. There is hereby established a court to be known as the Mayor's Court of the City of Fairmount, 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 impositions 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 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 of the City of Fairmount shall act as the Judge of the Mayor's Court. (b) The Judge Pro Tem shall be the Mayor Pro Tem and shall serve in the absence of the Judge. 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.

Page 3160

Section 4.13. Jurisdiction: Powers. (a) The Mayor's Court shall try and punish for crimes against the City of Fairmount and for violation of its ordinances. The Mayor's Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $25.00 or three (3) days in jail. The Mayor's Court may fix punishment for offenses within its jurisdiction not exceeding a fine of a reasonable amount or imprisonment for thirty (30) days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a City work gang on the streets, sidewalks, squares, or other public works for a period not exceeding thirty (30) days. (b) The Mayor's Court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (c) The Mayor'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 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 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 Fairmount, 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 Mayor's Court shall have the authority to bind

Page 3161

prisoners over to the appropriate court when it appears by probable causes that a State law has been violated. (e) The Mayor's Court shall have the authority to administer the oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The Mayor's Court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served and executed by any officer as authorized by this Charter or by State law. (g) The Mayor's Court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Fairmount granted by State laws generally to Mayor's, recorder's, and police courts, and particularly by such laws as authorized the abatement of nuisances. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs of appeal to the Superior Court of Gordon 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 probate court; provided that any person who fails to file his appeal within ten (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 the full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the Mayor's 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 written request, a copy shall be furnished to all defendants in Mayor's Court proceedings at least fortyeight (48) hours prior to said proceedings.

Page 3162

ARTICLE V. ELECTIONS. Section 5.10. Regular Elections; Time for Holding and Taking Office for City Officials . The General election shall be held on the first Tuesday in December, 1975, and biennially thereafter. The terms of office shall begin at the time of taking the oath of office as provided for in Article II, Section 2.20 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 elections in the City of Fairmount. Section 5.12. Applicability of General Laws . The procedures and requirements for election of all elected officials of the City of Fairmount to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, approved April 4, 1968, as now or hereafter amended. Section 5.13. 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 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, Title 34A of the Code of Georgia of 1933, as now or hereafter amended. Section 5.14. Grounds for Removal . The Mayor or any Councilman shall be subject to removal from office for any one or more of the following causes:

Page 3163

(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 the 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 5.15. Procedure for Removal . Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of majority vote of the Council, the officer to be removed not voting if he is a member 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 Gordon County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate courts. (b) By information filed in the Superior Court of Gordon County as provided by law. ARTICLE VI. FINANCE AND FISCAL. Section 6.10. Tax Leavy . 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

Page 3164

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 Fairmount is hereby exempted from the provisions of Georgia Code Sections 92-4101 through 92-4104 inclusive. Section 6.11. 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. The Council may also authorize the voluntary payment of taxes prior to the time when due. Section 6.12. Collection of Delinquent Taxes . The Council may provide by ordinance for the collection of delinquent taxes by fi. fas. issued by the City Clerk and executed by any police officer of the City under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which City property taxes are levied, as of the assessment date of each year, which 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 6.13. 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 Fairmount, 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

Page 3165

expedient for the public health, safety, benefit, convenience or advantage of the City; to classify business, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. The Council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.14. 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 Fairmount, to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said City. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and City property taxes and shall be enforceable in the same manner and under the same remedies as a lien for City property taxes. Section 6.15. 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 (30) 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 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.

Page 3166

Section 6.16. Transfer of Executions . The City Clerk shall be authorized to assign or transfer any fi. fa. or execution issued 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. fas., 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 hereinafter be provided by law. Section 6.17. 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 6.18. 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 as now or hereafter amended, or by any other Georgia law as now or hereafter amended. Section 6.19. Short Term Notes . Pursuant to applicable State law the City may obtain temporary loans between January 1 and December 31 of each year. Section 6.20. 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.

Page 3167

Section 6.21. 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 6.22. Centralized Purchasing . (a) The Council shall prescribe by ordinance procedures for a system of centralized purchasing for the City of Fairmount. (b) The Council may sell and convey any real or personal property owned or held by the City of Fairmount 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. (c) The Council may quitclaim any rights it may have in property not needed for public purposes upon report by the Mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the City has no readily ascertainable monetary value. (d) 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. Section 7.10. Streets . The Council is hereby vested with the power to lay out, open, widen, change, straighten, alter,

Page 3168

improve, vacate, abandon, and otherwise to exercise complete control over the streets, alleys, squares, and sidewalks of the City of Fairmount. 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 the City of Fairmount. Section 7.12. Sewers and Drains . The Council shall have the power and authority to provide for the establishment, extensions, 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 on to 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 of connection. Section 7.13. Right-Of-Way . The City of Fairmount 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 Gordon without cost; it shall have full power and

Page 3169

authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect any water basin and watersheds which are located within its corporate limits and from which the City draws its water supply 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. 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, 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 Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other applicable Georgia law. Section 7.15. Franchises. The Council shall have authority to exercise control over the use of streets of the City of Fairmount. The power is hereby conferred upon the Council to grant franchises for the use of said City 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 nonexclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of thirty (30) 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 said Clerk. The Council may provide

Page 3170

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 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 for 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. ARTICLE VIII. SEVERABILITY. Section 8.10. 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. ARTICLE IX. EFFECTIVE DATE Section 9.10. Effective Date . This Act shall be effective on May 1, 1975.

Page 3171

ARTICLE X. REPEALER. Section 10.10 Repealer . An Act incorporating the City of Fairmount in the County of Gordon, approved August 18, 1927 (Ga. Laws 1927, p. 1125), is hereby repealed in its entirety. All laws and parts of laws in conflict with this Act are hereby repealed in their entirety. Notice of Intention To Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to provide a new charter for the City of Fairmount; and for other purposes. This 13th day of December, 1974. Tom Shanahan, Representative, 7th District Beverly Langford, Senator, 51st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom L. Shanahan who, on oath, deposes and says that he is Representative from the 7th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Times The Gordon County News which is the official organ of Gordon County, on the following dates: December 18, 25, 1974 and January 1, 1975. /s/ Tom L. Shanahan Representative, 7th District

Page 3172

Sworn to and subscribed before me, this 13th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. ALBANYDOUGHERTY PAYROLL DEVELOPMENT AUTHORITY ACT AMENDED. No. 211 (House Bill No. 71). An Act to amend an Act to create the Albany-Dougherty Payroll Development Authority, approved March 21, 1958 (Ga. L. 1958, p. 2870), so as to provide authority for the issuance of certain revenue anticipation bonds; to redefine certain terms; to provide for legislative intent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to create the Albany-Dougherty Payroll Development Authority, approved March 21, 1958 (Ga. L. 1958, p. 2870), is hereby amended by adding a new paragraph at the end of subsection (b) of section 2, to read as follows: The word `Project' shall also include the acquisition, construction, improvement or modification of any property, real or personal used as air or water pollution control facilities which any federal, state, or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industry or industries which the same is to serve and is necessary for the public welfare. For purposes hereof, the term `air pollution control facility' means any property used primarily to abate or control atmospheric pollution or contamination by removing,

Page 3173

containing, altering, disposing or storing of atmospheric pollutants or contaminants if such facility is in furtherance of federal, state, or local standards for control of atmospheric pollution or contaminants. For the purpose hereof, the term `water pollution control facility' means any property used primarily to control water pollution by removing, storing, altering, or disposing of pollutants, contaminants, wastes or heat, including the necessary intercepting sewers, outfall sewers, pumping, power and other equipment, holding ponds, lagoons and their appurtenances, if such facility is in the furtherance of federal, state, or local standards for the control of water pollution. Section 2 . Said Act is further amended by adding a new paragraph at the end of section 7, to read as follows: The purposes of this Act are to develop and promote for the public good and general welfare trade, commerce, industry and employment opportunities and to promote the general welfare of the State. No bonds except refunding bonds shall be issued by an Authority hereunder unless its board of directors shall adopt a resolution finding that the Project for which the bonds are to be issued will promote the foregoing objectives and will increase employment in such area, or will prevent a decrease in employment in such area. Notwithstanding the foregoing requirement, bonds may be issued to finance projects for air and water pollution control facilities by industry as hereinabove provided without a finding that the Project will increase employment or prevent a decrease in employment so long as any federal, state or local agency having jurisdiction in the premises shall have certified that the Project is necessary for the continued operation of the industry or industries which the same is to serve and is necessary for the public welfare. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Local Legislation. There will be introduced in the 1975 Georgia General Assembly a proposed amendment to the Albany-Dougherty

Page 3174

Payroll Development Authority, created by Georgia Laws, 1958, page 2870 et seq. and as amended so as to amend the definition of the term Project as defined in said Act creating the Authority so as to include in the definition of the word Project, the acquisition, construction, improvement, or modification of any property, real or personal used as water or air pollution control facilities which any federal, state, or local agency having jurisdiction in the premises shall have certified as necessary for the operation of the industry and necessary for the public welfare. That Authority Revenue Bonds may be issued to finance projects for air and water control facilities by industries so long as any federal, state, or local agency having jurisdiction in the premises shall have certified that the project is necessary for the operation or continued operation of the industry and is necessary for the public welfare. Any such Revenue Bonds shall not be deemed to constitute a debt of the State of Georgia or a general obligation or pledge of the credit of the State, the City of Albany, the County of Dougherty or of the Authority and such bonds and interest thereon shall only be payable from the special fund provided therefor from payments to be made by the industry involved. Charles F. Hatcher John White R. S. Hutchison Member Elect 1975-76 Georgia House of Representatives Certificate of Publication of Notice of Intent to Introduce Local Legislation General Assembly. The undersigned, James H. Gray, publisher of the Albany Herald, the official organ for Dougherty County, certifies that the following copy of the Notice of Intent to Introduce Local Legislation was published in the Albany Herald on the

Page 3175

20 day of December, 1974, 27 day of December, 1974, and the 3rd day of January, 1975. /s/ James H. Gray Publisher of the Albany Herald. Approved April 17, 1975. CERTAIN CITIESRETIREMENTSTATEMENT OF ACCUMULATIONS REQUIRED ANNUALLY(500,000 OR MORE). No. 212 (House Bill No. 97). An Act to amend an Act approved August 20, 1927 (Ga. L. 1927, p. 265, et seq.), providing that cities having a certain population shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 3140), so as to provide that an accurate statement of accumulations in the pension fund shall be sent to each employee at the end of each year; 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 20, 1927 (Ga. L. 1927, p. 265, et seq.), providing that cities having a certain population shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, particularly by an Act approved March 6, 1962 (Ga. L. 1962, p. 3140), be and the same is hereby further amended as follows: Section 1 . An accurate statement, including the amount the employee has accumulated in the pension fund for the current year and the total amount the employee has accumulated in the pension fund from date of employment to

Page 3176

the present date, shall be sent to each employee within 60 days after the end of each fiscal year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. CERTAIN CITIESRETIREMENTCERTAIN CREDIT PROVIDED (500,000 OR MORE). No. 213 (House Bill No. 99). An Act to amend an Act approved August 20, 1927 (Ga. L. 1927, p. 265, et seq.), providing that cities having a certain population shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2451), and by an Act approved March 4, 1966 (Ga. L. 1966, p. 3005), so as to provide credit for fractional years of service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved August 20, 1927 (Ga. L. 1927, p. 265, et seq.), providing that cities having a certain population shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act, as amended, particularly by an Act approved March 17, 1958 (Ga. L. 1958, p. 2451), and by an Act approved March 4, 1966 (Ga. L. 1966, p. 3005), is hereby amended by striking from section 1 of said 1958 amendatory Act the following sentence: Fractional parts of years of service shall not be counted except in the cases of officers or employees being compelled to retire because of age or disability, or who shall die., and inserting in lieu thereof a new sentence to read as follows:

Page 3177

All officers and employees shall be given credit for fractional parts of years of service., so that when so amended, section 1 shall read as follows: Section 1. All officers and employees who shall have reached their 70th birthday shall be compelled to retire at the end of the calendar year immediately following their 70th birthday, and any officer or employee who shall have reached his 65th birthday shall have the right to retire and shall be entitled to a pro rata pension when so retiring, whether he has served 25 years or not, which benefits shall be continued to his widow if she is otherwise entitled to a pension. For example, if such officer or employee has served 10 years, he shall be entitled to 10/25ths of the pension that he would have been entitled to had he served 25 years. All officers and employees shall be given credit for fractional parts of years of service. Provided, however, that any officer who is elected for a term prior to his 70th birthday or any officer who was elected prior to the enactment of this Act, shall have the privilege of completing his term of office before he shall be compelled to retire. Provided, further, that the board of education shall be authorized to require employees of the school department to retire upon reaching 65 years of age and that the mayor and board of aldermen shall have like powers with respect to other employees covered by this Act. No officer elected by the people shall be compelled to retire. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. CERTAIN CITIESRETIREMENTPOPULATION FIGURES CHANGED (300,000 OR MORE). No. 215 (House Bill No. 119). An Act to amend an Act providing that cities having a population of more than 150,000 by the United States Census

Page 3178

of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities who have served 25 years, approved August 20, 1927 (Ga. L. 1927, p. 265), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3803) changing the population bracket to 300,000 or more according to the United States Decennial Census of 1970, or any future such census, so as to authorize present officers and employees of such cities to claim for service pension rights credit certain time served as a member of the Armed Forces; to provide conditions for such credit; to amend an Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the latest census of the United States or any subsequent census thereof; and for other purposes more fully set out in the caption of said Act approved February 15, 1933 (Ga. L. 1933, p. 213), as amended, so as to authorize present members of such pension funds to claim for service pension rights credit certain time served as a member of the Armed Forces; to provide conditions for such credit; to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000, according to the United States Census of 1920 or any subsequent census, approved August 13, 1924 (Ga. L. 1924, p. 167), as amended, particularly by an Act approved February 20, 1964 (Ga. L. 1964, p. 2161), and an Act approved April 5, 1971 (Ga. L. 1971, p. 2937), so as to authorize present members of such pension funds to claim for service pension rights credit certain time served as a member of the Armed Forces; to provide conditions for such credit; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that cities having a population of more than 150,000 by the United States Census of 1920, or subsequent census, shall furnish pensions to all officers and employees of such cities who have served 25 years, approved August 20, 1927 (Ga. L. 1927, p. 265), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3803) changing the population bracket to

Page 3179

300,000 or more according to the United States Decennial Census of 1970, or any future such census, is hereby amended by adding at the end thereof the following: Any present officer or employee of any such city may claim for service pension rights credit any time served as a member of the Armed Forces during a period of actual hostilities, not exceeding four (4) years. Such officer or employee shall pay into the pension fund created by this Act, as amended, an amount equal to the employee contribution and the matching employer contribution based on the employee's entrance salary with such city plus interest at the same rate the pension system earned net for each year from the date of the employee's original employment with such city to the date of application for such military service credit. The payments may be divided into not more than sixty (60) equal installments bearing interest at six percent (6%) per annum on the unpaid balance, and the amount may be deducted from any compensation due such person. Said officer or employee shall not be qualified to participate under the provisions of this Section until he has attained 10 years of creditable service in the pension system and unless he has been honorably discharged from the Armed Forces. Any officer or employee coming under the terms of this Act who is in the employment of any such city immediately prior to the effective date of this paragraph may elect to come under the provisions of this paragraph by making written application to the Pension Board on or before December 31 of the year in which this paragraph shall be adopted. Section 2. An Act providing for pensions for members of police departments in cities having a population of 150,000 or more, according to the latest census of the United States or any subsequent census thereof; and for other purposes more fully set out in the caption of said Act approved February 15, 1933 (Ga. L. 1933, p. 213), as amended, is hereby amended by adding at the end thereof the following: Any present member for the pension system for members of the police department of any such city may claim

Page 3180

service pension rights credit any time served as a member of the Armed Forces during a period of actual hostilities, not exceeding four (4) years. Such officer or employee shall pay into the pension fund created by this Act, as amended, an amount equal to the employee contribution and the matching employer contribution based on the employee's entrance salary with such city plus interest at the same rate the pension system earned net for each year from the date of the employee's original employment with such city to the date of application for such military service credit. The payments may be divided into not more than sixty (60) equal installments bearing interest at six percent (6%) per annum on the unpaid balance, and the amount may be deducted from any compensation due such person. Said officer or employee shall not be qualified to participate under the provisions of this Section until he has attained 10 years of creditable service in the pension system and unless he has been honorably discharged from the Armed Forces. Any officer or employee coming under the terms of this Act who is a member of any such retirement system immediately prior to the effective date of this paragraph may elect to come under the provisions of this paragraph by making written application to the Pension Board on or before December 31 of the year in which this paragraph shall be adopted. Section 3. An Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000, according to the United States Census of 1920 or any subsequent census, approved August 13, 1924 (Ga. L. 1924, p. 167), as amended, particularly by an Act approved February 20, 1964 (Ga. L. 1964, p. 2161), and an Act approved April 5, 1971 (Ga. L. 1971, p. 2937), is hereby amended by adding at the end thereof the following: Any present member for the pension system for members of the fire department of any such city may claim service pension rights credit any time served as a member of the Armed Forces during a period of actual hostilities, not exceeding four (4) years. Such officer or employee shall pay into the pension fund created by this Act, as amended, an

Page 3181

amount equal to the employee contribution and the matching employer contribution based on the employee's entrance salary with such city plus interest at the same rate the pension system earned net for each year from the date of the employee's original employment with such city to the date of application for such military service credit. The payments may be divided into not more than sixty (60) equal installments bearing interest at six precent (6%) per annum on the unpaid balance, and the amount may be deducted from any compensation due such person. Said officer or employee shall not be qualified to participate under the provisions of this Section until he has attained 10 years of creditable service in the pension system and unless he has been honorably discharged from the Armed Forces. Any officer or employee coming under the terms of this Act who is a member of any such retirement system immediately prior to the effective date of this paragraph may elect to come under the provisions of this paragraph by making written application to the Pension Board on or before December 31 of the year in which this paragraph shall be adopted. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 17, 1975. FULTON COUNTYJUDGES AND SOLICITORGENERALRETIREMENT ACT AMENDED. No. 216 (House Bill No. 139). An Act to amend an Act entitled An Act to provide for the retirement of the judges and 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, and published in Ga. L. 1946, p. 299 through 303, inclusive as amended and more particularly as amended by the Acts of 1953 approved March 3, 1953 and published in Ga. L.

Page 3182

1953, Jan.-Feb. Sess., p. 2958 through 2961, inclusive and the Act of 1959, approved March 10, 1959, published in Ga. L. pp. 2838 through 2842, inclusive as amended by the Act of 1960, approved March 17, 1960 and published in Ga. L. pp. 3143 through 3146, inclusive, further amended so as to provide that the aforesaid Act as amended shall be considered to provide and otherwise to provide that upon twelve years of continuous credited service and paid up contribution the rights of an eligible officer shall fully vest as to his retirement benefits, total and permanent disability benefits, and death benefits for himself and his widow; and upon reaching a minimum age of 55 as provided in the aforesaid Act as amended and retiring from or no longer holding office or becoming totally and permanently disabled, or death, as defined in the aforesaid Act as amended, a person with twelve years or more credited service and paid up contribution as an eligible officer shall be paid benefits such as are provided in the aforesaid Act as amended for himself and his widow in ratio to full retirement benefits as the number of years of his completed service bears to twenty years, whether the years of credited service are continuous to the time of retirement or total and permanent disability or death or not, upon written notification by himself, or his widow with verification to the Trustees provided by the aforesaid Act as amended of the facts entitling the benefits to be paid; after such notification and verification, a person shall not be able to have any further contribution credited as an eligible officer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act 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, and published in Ga. L. 1946, pp. 299 through 303, inclusive as amended be further amended by adding thereto as follows:

Page 3183

Section 1. The aforesaid Act as amended shall be considered to provide and otherwise it is hereby provided that upon twelve years of continuous credited service and paid up contribution the rights of an eligible officer shall fully vest as to his retirement benefits, total and permanent disability benefits, and death benefits for himself and his widow; and upon reaching a minimum age of 55 as provided in the aforesaid Act as amended and retiring from or no longer holding office or becoming totally and permanently disabled as defined in the aforesaid Act as amended, or death, a person with twelve years or more credited service and paid up contribution as an eligible officer shall be paid benefits such as are provided in the aforesaid Act as amended for himself and his widow in ratio to full retirement benefits as the number of years of his completed service bears to twenty years, whether the years of credited service are continuous to the time of retirement or total and permanent disability or death or not, upon written notification by himself or his widow with verification to the Trustees provided by the aforesaid Act as amended of the facts entitling the benefits to be paid. After such notification and verification a person shall not be able to have any further contribution credited as an eligible officer. Section 2. This Act shall become law when signed by the Governor or upon becoming law without his signature. Effective date. Section 3. Attached hereto is a copy of notice as to intent to introduce this Act, published in Fulton County in a newspaper in which Sheriff's advertisements for the locality affected are published as required by law for local legislation and the General Assembly declares that all requirements for publication of notice as to this Act have been met. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given in a newspaper in which sheriff's advertisements for Fulton County are published of intention to apply for local legislation at the next regular session

Page 3184

of the General Assembly of Georgia which will convene on the second Monday in January, 1975, for the enactment of local legislation to amend the Act providing for the retirement of the judges and solicitor-general of the Criminal Court of Fulton County, the judges of the Civil Court of Fulton County, the judge of the Juvenile Court of Fulton County, Georgia, etc. approved January 31, 1946, and Acts amendatory thereof. John Greer Representative, 802 Healey Building Atlanta, Georgia. Publisher's Affidavit. 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 10th, 17th and 24th days of December, 1974, as provided by law. /s/ Frank Kempton Subscribed and sworn to before me, this 26th day of December, 1974. /s/ Mildred N. Lazenby Notary Public, Georgia State at Large. My Commission Expires Oct. 15, 1975. (Seal). Approved April 17, 1975.

Page 3185

FULTON COUNTYCRIMINAL COURTDIRECTOR OF TRAFFIC VIOLATIONS BUREAU, ETC.SALARY CHANGES. No. 217 (House Bill No. 140). An Act to amend an Act to provide for a Chief Deputy Clerk of the Criminal Court of Fulton County, and for a Director of the Traffic Violations Bureau of the Criminal Court of Fulton County, approved March 22, 1974 (Ga. L. 1974, p. 2672), so as to provide for compensation of said Chief Deputy Clerk and Director; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide for a Chief Deputy Clerk of the Criminal Court of Fulton County, and for a Director of the Traffic Violations Bureau of the Criminal Court of Fulton County, approved March 22, 1974 (Ga. L. 1974, p. 2672), is hereby amended by striking from section 2 thereof, the following: be paid a minimum annual salary of not less than Twelve Thousand Five Hundred ($12,500) Dollars per year., and inserting in lieu thereof the following: receive as compensation for such services a salary of $12,500 per year, payable in equal monthly installments, subject to be increased or decreased by the governing authority of Fulton County., so that when so amended section 2 shall read as follows: Section 2. On and after the effective date of this Act there shall be a Chief Deputy Clerk of the Criminal Court of Fulton County. The Chief Deputy Clerk of the Criminal Court of Fulton County shall have a term of office concurrent with that of the Clerk of the Criminal Court of Fulton County. The Chief Deputy Clerk of the Criminal Court of Fulton County shall be appointed by the Clerk of said Court,

Page 3186

by and with the consent and approval of a majority of the Judges of the Criminal Court of Fulton County. Whenever a vacancy shall exist in the office of the Clerk of the Criminal Court of Fulton County, the Chief Deputy Clerk of the Criminal Court of Fulton County shall become the Acting Clerk of the Criminal Court of Fulton County, and shall exercise all of the authority, powers, and shall perform all the duties of said office until a clerk of the Criminal Court of Fulton County shall have been elected in the manner provided for by law. The Chief Deputy Clerk of the Criminal Court of Fulton County shall receive as compensation for such services a salary of $12,500 per year, payable in equal monthly installments, subject to be increased or decreased by the governing authority of Fulton County. Section 2. Said Act is further amended by striking in its entirety the third unnumbered paragraph in section 3, which reads as follows: The Director of the Traffic Violations Bureau shall be paid a minimum annual salary of not less than Eleven Thousand ($11,000) Dollars per year., and substituting in lieu thereof a new paragraph to read as follows: The Director of the Traffic Violations Bureau shall receive as compensation for such services the sum of $11,500.00 per year, payable in equal monthly installments, subject to be increased or decreased by the governing authority of Fulton County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3187

Notice of Intention to Apply for Local Legislation. Pursuant to the provisions of Article III, Section 7 Paragraph XV of the Constitution of Georgia of 1945, notice is hereby given of intention to apply at the regular session of the General Assembly of Georgia, which convenes in regular session on the second Monday of January, 1975, an Act to amend an Act entitled An Act to Establish the Criminal Court of Atlanta (Criminal Court of Fulton County), approved September 6, 1891 (Georgia Acts 1891, pages 935 through 939), as amended by an Act approved March 22, 1974 (Georgia Acts 1974, page 2672), establishing a Chief Deputy Clerk of the Criminal Court of Fulton County and establishing a Director of the Traffic Violations Bureau of the Criminal Court of Fulton County, and providing for the minimum annual salary, and providing further that the same shall be increased or diminished by the Fulton County Board of Commissioners; to repeal conflicting laws, and for all other purposes. This 6th day of December, 1974. G. Kenneth Roberson, Clerk Criminal Court, Fulton County 59 Civil Criminal Court Bldg. Atlanta, Georgia 30303 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he is Representative from the 43rd 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

Page 3188

organ of Fulton County, on the following dates: December 9, 16, 23, 1974. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 15th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF LOUISVILLECHARTER AMENDEDQUALIFYING FEES CHANGED. No. 219 (House Bill No. 204). 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 25, 1958 (Ga. L. 1958, p. 3195), so as to change the qualifying fees of candidates for Mayor and Councilman; 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 25, 1958 (Ga. L. 1958, p. 3195), is hereby amended by striking from section 3 the words and figures: twenty-five ($25.00),

Page 3189

and substituting in lieu thereof the word and figures: fifty ($50.00), and by striking the word and figures: fifteen ($15.00), and substituting in lieu thereof the words and figures: thirty-five ($35.00), so that when so amended section 3 shall read as follows: Section 3. Be it further enacted that in all elections for mayor and council after the passage of this Act the estimated costs and expenses of such election shall be paid by the candidates for mayor paying fifty ($50.00) dollars and candidates for council paying thirty-five ($35.00) dollars at the time and as a condition upon their qualifications as candidates. 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 will be introduced at the regular 1975 Session of the General Assembly of Georgia to amend the Charter of the City of Louisville so as to change the amount of qualifying fees of candidates for mayor and councilmen; to repeal conflicting laws; and other purposes. This 20th day of December, 1974. E. E. Bargeron, Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron

Page 3190

who, on oath, deposes and says that he is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: December 19, 26, 1974 and January 2, 1975. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 17th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF PORT WENTWORTHCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 220 (House Bill No. 205). An Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to extend the corporate limits of said City and annex and incorporate certain additional land into said City, to provide for the City's exercise of authority over the annexed land; 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 incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, is hereby amended by adding at the end of section 2 the following:

Page 3191

The corporate limits of the City of Port Wentworth be, and the same are, hereby extended beyond their present boundaries as now defined, so as to include, in addition to the areas now embraced within the corporate limits of the City of Port Wentworth, all of the areas of land embraced and lying within the two following described parcels of territory, to wit: PARCEL NUMBER 1. All of the lands enbraced and lying within the following boundaries, to wit: Commencing at the point at which the Northern line of the right-of-way of Crossgate Road intersects the Eastern line of the right-of-way of Georgia Highway No. 21, which point of intersection marks a boundary line of the present corporate limits of the City of Port Wentworth and running thence generally Northwardly along the Eastern line of the right-of-way of Georgia No. 21, which is a boundary line of the corporate limits of the City of Port Wentworth, to the point at which the Eastern line of the right-of-way of the Savannah Atlanta Railway, and running thence generally Eastwardly, and curving Southeastwardly, and curving then Southwardly, and running thence generally Southwardly, along the respective Southern, Southwesterly, and Westerly boundary lines of the right-of-way of the Savannah Atlanta Railway to the point at which the Westerly line of the right-of-way of Savannah Atlanta Railway intersects the Northern line of the right-of-way of Crossgate Road, and running thence generally Westwardly along the Northern line of the right-of-way of Crossgate Road, which is a boundary line of the corporate limits of the City of Port Wentworth, to the point at which the Northern line of the right-of-way of Crossgate Road intersects the Eastern line of the right-of-way of Georgia Highway No. 21, the point of beginning. PARCEL NUMBER 2. All of the lands embraced and lying within the following boundaries, to wit: Commencing at the point at which the Northern line of Grange Subdivision in the City of Port Wentworth interests the Eastern line of the right-of-way of Georgia Highway No. 21, which point of intersection marks a boundary line of the present corporate limits of the City of Port Wentworth, and running

Page 3192

thence generally Northwardly along the Eastern line of the right-of-way of Georgia Highway No. 21 to the point at which the Southern line of the right-of-way of Crossgate Road, which point is a boundary of the present corporate limits of the City of Port Wentworth, and running thence generally Eastwardly along the Southern line of the right-of-way of Crossgate Road, a line which marks a boundary of the present corporate limits of the City of Port Wentworth, to the point at which the Southern line of the right-of-way of Crossgate Road intersects the Western line of the right-of-way of Savannah Atlanta Railway, and running thence generally Southwardly along the Western line of the right-of-way of Savannah Atlanta Railway to the point at which the Western line of the right-of-way of Savannah Atlanta Railway intersects the Northern line of Grange Subdivision at the boundary lines of lots numbered fortynine (49) and fifty-one (51) of Grange Subdivision in the City of Port Wentworth, and running thence generally Westwardly along the Northern line of Grange Subdivision, which is the line of the present corporate limits of the City of Port Wentworth, to the point at which the Northern line of Grange Subdivision intersects the Eastern line of the right-of-way of Georgia Highway No. 21 in the City of Port Wentworth, the point of beginning. All powers and all authority of the City of Port Wentworth under its charter, as amended, and its ordinances and all laws that pertain to said City as a municipality, are hereby extended over, and made effective in, every part of the territories included within the areas of the two parcels of land above described. The power and authority of the officers of the City of Port Wentworth are made coextensive with the limits of said City as extended by this Act; and all rights and powers necessary to carry out and enforce the laws and ordinances governing the City of Port Wentworth, are extended to all of the limits included under the terms of this Act. The powers of all duly elected and constituted officials, officers and departments of the City of Port Wentworth are extended to the new limits added by this Act, as fully and completely as they now exist within the former limits under the present charter, as amended, and the laws and ordinances governing the City of Port Wentworth.

Page 3193

Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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 3. A copy of the notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law, be, and are hereto attached and are made a part of this Act; and it is hereby declared that all of the requirements of the Constitution and laws of the State of Georgia relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with before the enactment of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Georgia, Chatham County. Notice is hereby given of intention to apply for legislation at the 1975 Session of the General Assembly to Amend the Charter of the City of Port Wentworth, to extend and change the corporate limits of the City, and for other purposes. James E. Yates, III City Attorney For City of Port Wentworth, Georgia

Page 3194

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 128th 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: November 29, December 6 and 13, 1974. /s/ Tom Triplett Representative, 128th District Sworn to and subscribed before me this, 17th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. MERIWETHER COUNTY WATER AND SEWERAGE AUTHORITY ACT. No. 221 (House Bill No. 212). An Act to create the Meriwether 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

Page 3195

other 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 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 Meriwether 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 acts relating to any provisions of this Act; to provide that bonds be validated; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title. This Act shall be known and may be cited as the Meriwether County Water and Sewerage Authority Act. Section 2. Meriwether County Water and Sewerage Authority. There is hereby created a body corporate and politic, to be known as the Meriwether County Water and Sewerage Authority, which shall be deemed to be a political subdivision of the State of Georgia, and a public corporation and by that name, style and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of five (5) members whose positions shall be designated as Posts Nos. One through Five. The

Page 3196

member occupying Post No. One shall be the chairman of the Authority. All members shall be residents of the county and all of said members shall be appointed by the Board of Commissioners of Meriwether 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, 1976; the members appointed to Post Nos. Two and Four shall serve until December 31, 1976; the members appointed to Post Nos. Three and Five shall serve until December 31, 1978. 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 Meriwether County; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Definitions. As used in this Act the following words and terms shall have the following meanings: (a) The word Authority shall mean the Meriwether

Page 3197

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 Meriwether 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 every type, including, but not limited to, the acquisition and construction of treatment plants, ponds and lagoons, within and without the territorial boundaries of Meriwether 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 times 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 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

Page 3198

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., 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; (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

Page 3199

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 his 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 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 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

Page 3200

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 (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

Page 3201

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 and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times, not exceeding forty (40) years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of 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 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

Page 3202

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 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

Page 3203

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 Meriwether 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 faces covering substantially the foregoing provisions of this Section. Section 14. Trust indenture as security. In the discrecretion 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 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

Page 3204

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, 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

Page 3205

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 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

Page 3206

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 exists, 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 and any municipality, county, authority, political subdivision or instrumentality if a party to the validation proceedings, contracting with the said Meriwether 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 Meriwether 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. 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

Page 3207

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. Monies received considered trust funds . All monies received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Rates, changes 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 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 Meriwether County; and the officers, agents and employees of the Authority when in the performance

Page 3208

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 Meriwether 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 Meriwether 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 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to provide for the creation of the Meriwether County Water and Sewerage Authority; and for other purposes. This 23rd day of December, 1974. /s/ Claude A. Bray, Jr., Representative, 70th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr.

Page 3209

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 Meriwether Vindicator which is the official organ of Meriwether County, on the following dates: December 24, 1974, January 2, 9, 1975. /s/ Claude A. Bray, Jr. Representative, 70th District. Sworn to and subscribed before me, this 16th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TOWN OF AUBURNCHARTER AMENDEDRESIDENCY VOTING REQUIREMENT CHANGED, ETC. No. 222 (House Bill No. 225). An Act to amend an Act to create a new charter for the Town of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), as amended by an Act approved March 5, 1956 (Ga. L. 1956, p. 3122), so as to change the residency requirement for voting in the elections of said town; to provide for vacancies in the office of the Mayor; to provide for the selection of certain town employees and officials; to prohibit requiring the clerk to be a resident of said town; to strike provisions relating to the board of tax assessors; to delete certain requirements relating to arms and uniforms of police officers; to permit the Mayor and Aldermen to close streets; to create a Recorder's Court in lieu of the Mayor's Court; to provide procedures for releasing persons arrested on bond; to

Page 3210

increase maximum business license fees; to increase permitted property tax levies; to provide for other matters relevant thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to create a new charter for the Town of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 3122), is hereby amended by striking from section 5 the following: have bona fide resided in said town for sixty (60) days next preceding, and inserting in lieu thereof the following: be bona fide residents of said town on, so that when so amended section 5 shall read as follows: Section 5. On the first Wednesday in October there shall be an election for Mayor and Councilmen from among the qualified voters of said town, said election to be held annually thereafter, all of whom shall be elected to serve two (2) years, and all officers shall serve until their successors are elected and qualified, and shall be elected by a plurality of the consolidated vote of the town. The persons elected as Councilmen shall be bona fide residents of said Town of Auburn. Such elections shall be held by three (3) managers to be appointed by the Mayor and Council of said town such managers to be qualified voters of such town. Such managers shall make a return of such election to the Mayor and Council then in office, who shall declare the result and cause the same to be entered upon the minutes of their proceedings. All persons shall be qualified to vote at such election who shall be bona fide residents of said town on the date of such election and are qualified to vote for members of the General Assembly from Barrow County and have complied with all the ordinances which may have been passed by said Mayor and Council providing for the

Page 3211

registration of voters of said town. The Mayor and Council shall have to provide for the qualifications and regulate the time and manner of entrance by candidates in elections for Mayor and Councilmen, or either, of said town. Residency. Section 2 . Said Act is further amended by striking from section 6 the following: three (3) months, and inserting in lieu thereof the following: six (6) months, so that when so amended section 6 shall read as follows: Section 6. If the office of Mayor or any Councilman shall become vacant by death, resignation, removal or otherwise, the Mayor or a majority of the Councilmen shall order a special election to fill the unexpired term and give ten (10) days notice thereof in one or more newspapers or at two (2) or more public places in said town; such special election shall be managed and returned and the results thereof shall be declared and published as heretofore provided in Section 5; provided, there shall be no election for Mayor, if the office shall become vacant within six (6) months of the expiration of the regular term thereof. The Mayor and any member of the Council may resign by tendering written resignation to the Clerk of said town. 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. At the first Thursday in October, Mayor and Councilmen shall proceed to elect for said town from among the qualified voters thereof, a mayor pro tem., a clerk and treasurer, one bond commissioner, a chief of police and such other police officers as may be necessary for the protection of said town and the property and rights thereof. These officers shall not be required to be qualified voters but they shall be citizens of Georgia and at least

Page 3212

twenty-one years of age. The Mayor and Councilmen may also elect an engineer and a board of health, superintendent of water and lights and such other officers as may be in their judgment, necessary to the interest of the town, an inspector of wiring, and a building inspector. The persons so elected shall hold their respective offices for one year, until their successors are elected and qualified, unless for sufficient cause removed from office, but not until they have been given an opportunity to appear before said body for trials; Provided further that the Mayor may suspend any official pending the trial before said body. The salaries of the officers provided for in this Section shall be such as may be prescribed by ordinances of said Mayor and Councilmen. The Mayor and Councilmen shall fill any office which may become vacant to fill the unexpired term thereof. The clerk shall not be required to be a resident of said town. Officers. Section 4. Said Act is further amended by striking section 14, which reads as follows: Section 14. The Board of Tax Assessors in said town is hereby vested with full power and authority to assess for taxation the fair market value of all property, real, personal and otherwise, subject to taxation by said town, so that said property shall stand upon the tax digest as its reasonable and fair market value. It shall be the duty of said Board at all times to locate property that is not duly returned for taxation, to equalize taxation, and to ascertain the fair and reasonable market value of all property subject to taxation by said town. Said Assessors shall receive reasonable compensation for their services, to be fixed by the Mayor and Aldermen. When any property, subject to taxation by the Town of Auburn, has not been returned for taxation by the first day of April, as required by law, it shall be the duties of the Board of Tax Assessors to assess said property for taxation at its fair market value. When any such property has been returned for taxation, at a value which in the opinion of said Board of Tax Assessors is less than its fair market value, it shall be the duty of said Board to assess it for taxation at such value. When any assessment is made as provided herein, it shall be the duty of the City Clerk, within ten (10) days after the making of said assessment, to give

Page 3213

to the owner of said property, notice in writing of said assessment, provided same has been raised. Such notice shall specify the amount of the assessment made, indicate the property assessed, and shall inform the owner that he may be heard on the justice and fairness of said assessment and of the time and place of the hearing, at which time and place a full legal hearing shall be afforded by said Board. Said notice shall be by mail, not registered, to the last known address of the owner of such property, and no other notice whatever shall be required. Proof of the mailing of said notice shall be conclusive evidence that said notice has been given as required. If, for any reason, such notices cannot be given by mail, notice may be given by the posting in the city hall of such notice in a conspicuous place. Notice shall be considered as given on the day it is mailed or posted. If the owner of any such property fails or refuses to appear either in person or by agent at the time and place designated in said notice, then the assessment made shall be final. Any tax-payer who shall be dissatisfied with any such assessment may appeal to said Mayor and Aldermen for a correction of such assessment within fifteen (15) days after such assessment shall have been returned and the judgment of said Mayor and Aldermen thereon shall be final. in its entirety. Section 5 . Said Act is further amended by striking from section 15 the following: , the arms and uniforms to be furnished by the town and to remain the property of the town, so that when so amended section 15 shall read as follows: Section 15. It shall be the duty of the police officers to make arrests, within and without the limits of said town, of all persons violating any ordinance of said town, expressly including all ordinances authorized to be made by the second section hereof, and to make arrests of all persons who have violated the penal statutes of this State, either with or without warrant or summons therefor. They shall have power to release all persons upon bonds as provided in the section

Page 3214

hereafter enacted. It shall be the duty of the Chief of Police to prosecute before the proper court of Barrow County for all offenses against the laws of this State committed in said town or upon property mentioned in the second section hereof. Said police force shall be so uniformed and armed as to be readily recognized by the public as peace officers. Arrests. Section 6 . Said Act is further amended by adding to section 22, after the words lay out, the following: close,, so that when so amended section 22 shall read as follows: Section 22. Said Mayor and Aldermen shall have full power to open, lay out, close, widen, straighten, and otherwise change streets, alleys and squares in said town; to establish and fix such systems of grading and draining the streets of said town as they shall deem proper; and to condemn private property for any of these purposes. They may divide the town in such zones as to various kinds of business and as to residence property and business property and only the kind of structures and uses of the property can be made and had as is provided by ordinance passed for such purposes. Section 7. Said Act is further amended by striking section 29 in its entirety and substituting in lieu thereof a new section 29 to read as follows: Section 29 (a) There is hereby established a Court to be known as the Recorder's Court of the Town of Auburn, which shall have jurisdiction and authority to try offenses against the 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 non-attendance, and to punish, also, any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material to any proceeding before said court; to go or to move beyond the reach of the process of the Court; to try all offenses within the territorial limits

Page 3215

of the Town of Auburn, constituting traffic cases, which under the laws of the State of Georgia, are placed within the jurisdiction of the 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 the violations and may prescribe the conditions of forfeiture of 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 set at a place designated by 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. The Recorder shall be appointed by the Mayor and Council and shall serve at the discretion of the Mayor and Council. The compensation of the Recorder shall be fixed by the Mayor and Council. Nothing herein shall disqualify the Mayor or any Councilman from serving as Recorder or Recorder Pro Tem, in the absence or disqualification of the Recorder. (c) Before entering on the duties of his office, the Recorder shall take an oath before an officer duly authorized to administer oaths in this State, and 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) The Recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the Town of Auburn passed in accordance with this Charter, to an amount not to exceed $100.00, to imprison offenders for a period of not more than 60 days, or at labor on the roads and streets of the public works of said town to 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

Page 3216

so justify. Said Recorder shall not have the authority to inflict a greater punishment for contempt and to impose a fine of $100.00 or imprisonment not exceeding 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 the offenses committed within the limits of the Town of Auburn which warrants may be executed by any officer of said town, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court confident jurisdiction to be held in said town. The Recorder's Court shall also have concurrent jurisdiction with that of the Justice of the Peace over offenses against criminal laws of the State when it is 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 Auburn. The Recorder's Court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors, and recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Said Recorder is hereby authorized to administer oaths. (e) The right of appeal to the Superior Court of Barrow County from the Recorder's Court shall lie in the same manner and in the same procedure as generally prescribed for appeals from the Court of Ordinary. An appeal to the Superior Court shall be a de novo proceeding. (f) In all cases in the Recorder's Court in the Town of Auburn, the cost incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing cost and the Justice of the Peace Courts of said State, or the Council may establish a schedule of fees to defray the cost of operation and the town shall be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bound over to the Superior Court for violations of State law. The Council may also provide a uniform scale of costs of the clerk and police officers of said town for all services in the arrest and prosecution of offenders in the Recorder's Court and in the issuance and

Page 3217

collection of tax and other executions; and for the collection and payment into the town treasury. The Recorder, or the Town Clerk, in the Recorder's name is hereby authorized to issue subpoenas to compel the attendance of witnesses to said Recorder's Court, and to issue such other processes as may be necessary to the proper administration of said court. (g) With the approval of the Council, the Recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the sufficient 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 for the operation of the Superior Courts under the general laws of the State of Georgia. Section 8 . Said Act is further amended by striking section 30 in its entirety and substituting in lieu thereof a new section 30 to read as follows: Section 30. Any police officer in said town shall have authority to release any person arrested for violating any such ordinance of the said town upon such person giving a bond payable to the said town in the amount and with surety to be approved by the Chief of Police or Recorder of said town conditioned for the appearance of such person before said Recorder's Court at the time and place specified in said bond and from time to time until he shall have been tried for the offense for which he shall have been arrested. Provided the authorities of said town may refuse to release on bond any person whose appearance in said town would likely be dangerous, indecent or in violation of any ordinance of said town. Arrest bond. Section 9 . Said Act is further amended by striking section 31 in its entirety and substituting in lieu thereof a new section 31 to read as follows: Section 31. If any person so released shall fail to so appear for trial, such bond shall be forfeited; and a rule nisi shall be issued requiring him and the surety upon such bond to show cause before said court at a time not less than

Page 3218

60 days from the date of such rule why such bond shall not be absolutely forfeited. Copies of said rule shall be served upon the persons to whom it shall be directed at least twenty days before the return day thereof, personally or by leaving the same at the most notorious place of abode of the person to be served, or by publishing the same once a week for four weeks in the newspaper in said town. If at the time such rule is made returnable, no sufficient cause to the contrary shall be shown, the forfeiture of said bond shall be made final and absolute and the execution shall issue for the full amount thereof and all costs against the principal and surety thereon are such of them as shall have been served. Such executions shall be signed by the Clerk and the Recorder of said town, and shall be directed to all police officers of said town and to all and singular the sheriffs and constables of this State shall have the same lien and binding effect upon the property of the defendants there as executions issued upon judgment in Superior Courts, and shall be levied by any officer to whom it shall be directed. Provided, however, any person charged with the violation of an ordinance or offense against said town, and who gives a cash bond for his personal appearance at a designated time and place and who fails to appear at said time and place, shall forfeit said cash bond upon the call of the said case for trial and it shall not be necessary for said town to take any further action to forfeit said cash bond. Bond forfeitures. Section 10 . Said Act is further amended by striking from section 33 the following: fifty ($50.00), and inserting in lieu thereof the following: three hundred ($300.00), so that when so amended section 33 shall read as follows: Section 33. Said Mayor and Aldermen shall have full power and authority to require all persons, firms, companies or corporations engaged in prosecuting or carrying on any trade, business, calling or avocation within the corporate

Page 3219

limits of said town to register their names and businesses, callings, trades, avocations and professions annually, and to require them to pay for such registration and for license to engage in, prosecute or carry on the same, not exceeding three hundred ($300.00) dollars per annum. This restriction shall not apply to the business of selling spirituous or intoxicating liquors. Licenses. Section 11 . Said Act is further amended by striking from section 40 the following: of five-eights, so that when so amended section 40 shall read as follows: Section 40. Said Mayor and Aldermen shall have the power and authority to contract debts and issue bonds of said town under and in accordance with the limitations provided in the Constitution of this State; from funds arising from the sale of any bonds thus issued to establish and maintain a system of waterworks, a system of lights, public buildings; or any other improvement, convenience or necessity for the use or convenience of the citizens of said town; to create a debt and issue bonds of said town for any other lawful purpose under the limitations herein stated; and to levy a tax of one per cent annually upon the assessed property of said town to discharge said debts. Debts. Section 12 . Said Act is further amended by striking from section 47 the following: have resided within the limits of the Town of Auburn for sixty (60) days, and inserting in lieu thereof the following: am residing within the limits of the Town of Auburn, so that when so amended section 47 shall read as follows: Section 47. Said Mayor and Aldermen shall require the Clerk to keep a book to be known as The Permanent Registration

Page 3220

Book of the Electors of the City, in which event the electors of said town shall sign said book upon an oath containing therein substantially the following: `I do solemnly swear that I am residing within the limits of the Town of Auburn and that I am qualified to vote for the members of the State Legislature in the County of Barrow.' No person not so registered shall be allowed to vote in any election. Registration book. Section 13 . 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 1974 Session of the General Assembly of Georgia, a bill to create a new charter for the Town of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), as amended by an Act approved March 5, 1956 (Ga. L. 1956, p. 3122), so as to change the residency requirement for voting in the elections of said town; to provide for vacancies in the office of the Mayor; to provide for the selection of certain town employees and officials; to prohibit requiring the clerk to be a resident of said town; to strike provisions relating to the board of tax assessors; to delete certain requirements relating to arms and uniforms of police officers; to permit the Mayor and Aldermen to close streets; to create a Recorder's Court in lieu of the Mayor's Court; to provide procedures for releasing persons arrested on bond; to increase maximum business license fees; to increase permitted property tax levies; to provide for other matters relevant thereto; and for other purposes. This 23rd day of December. /s/ Vinson Wall Representative, 61 District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vinson Wall who,

Page 3221

on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News which is the official organ of Barrow County, on the following dates: December 31, 1974, January 8, 15, 1975. /s/ Vinson Wall Representative, 61st District. Sworn to and subscribed before me, this 20th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. DADE COUNTYSALARY OF TAX COMMISSIONER CHANGED, ETC. No. 223 (House Bill No. 226). An Act to amend an Act creating the office of Tax Commissioner of Dade County, approved March 7, 1935 (Ga. L. 1935, p. 617), as amended by an Act approved January 13, 1938 (Ga. L. 1937-38, p. 796), an Act approved February 14, 1950 (Ga. L. 1950, p. 2374), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2484), an Act approved March 17, 1958 (Ga. L. 1958, p. 2630), an Act approved March 3, 1962 (Ga. L. 1962, p. 2689), an Act approved February 28, 1966 (Ga. L. 1966, p. 2568), and an Act approved March 17, 1967 (Ga. L. 1967, p. 2266), so as to change the compensation of the Tax Commissioner; to increase the allowance for clerical and other personnel of the Tax Commissioner and the provisions relating to such personnel; to provide that all fees,

Page 3222

commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the Tax Commissioner shall be public funds belonging to Dade County and shall be turned over to the fiscal authority of the county; to provide that the salary paid to the Tax Commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including certain specified commissions; to provide 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 Dade County, approved March 7, 1935 (Ga. L. 1935, p. 617), as amended by an Act approved January 13, 1938 (Ga. L. 1937-38, p. 796), an Act approved February 14, 1950 (Ga. L. 1950, p. 2374), an Act approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2484), an Act approved March 17, 1958 (Ga. L. 1958, p. 2630), an Act approved March 3, 1962 (Ga. L. 1962, p. 2689), an Act approved February 28, 1966 (Ga. L. 1966, p. 2568), and an Act approved March 17, 1967 (Ga. L. 1967, p. 2266), is hereby amended by striking section 5, which reads as follows: Section 5. Be it further enacted by the authority aforesaid, that said Dade County tax commissioner shall receive and be paid, as full compensation for any and all the duties performed by him as receiver and collector of county school district, and any all other taxes except as hereinafter provided, a fixed salary of $3,000.00 per annum, to be paid in monthly installments of $250.00 each. The tax commissioner is authorized to employ any clerical personnel to aid him in the performance of the duties of his office as in his discretion he may deem necessary and proper, and said clerical personnel shall be paid by said tax commissioner from a fund of $3,400.00 to be furnished each year by the County of Dade to said commissioner for the exclusive purpose of paying said clerical help. The said tax commissioner shall be entitled to continue to receive as a part of his compensation any commissions now or hereinafter allowed

Page 3223

tax collectors for the collection of any state, professional, poll, and special taxes collected by him, expressly including fees now or hereafter provided by law for sale of license plates for motor vehicles when he is acting as Tag Agent, and those commissions now or hereafter provided by law for the collection of ad valorem taxes on any motor vehicles which are collected by him for any other taxing authority., in its entirety and inserting in lieu thereof a new section 5 to read as follows: Section 5. (a) The Tax Commissioner of Dade County shall receive for his services as such an annual salary of $10,000.00, payable in equal monthly installments from the funds of Dade 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 Dade 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. (c) The Tax Commissioner is hereby authorized to employ clerical and other personnel to assist him in the performance of his duties and shall fix the compensation for such personnel. The governing authority of Dade County shall pay the compensation of such personnel from the funds of Dade County but in a total amount for all such personnel not to exceed $8,000.00 per annum.

Page 3224

Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Notice is hereby given that there will be introduced at the January 1975 Session of the General Assembly of Georgia, a bill to abolish the present mode of compensating the Tax Commissioner of Dade County, Georgia, known as the fee system so as to compensate the Tax Commissioner of Dade County, Georgia, on a salary basis in lieu thereof, and so as to increase the expense allowance of clerical help for the Tax Commissioner; to repeal conflicting laws. This the 16th day of December, 1974. /s/ Virginia W. Reed Tax Commissioner, Dade 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 Dade County Sentinel which is the official organ of Dade County, on the following dates: December 19, 26, 1974 and January 2, 1975. /s/ Wayne Snow, Jr. Representative, 1st District.

Page 3225

Sworn to and subscribed before me, this 19th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. DADE COUNTYPROBATE COURTSALARIES OF PERSONNEL CHANGED. No. 224 (House Bill No. 227). An Act to amend an Act placing the Judge of the Probate Court of Dade County, formerly known as the Ordinary, on a salary basis in lieu of a fee basis of compensation, approved March 9, 1959 (Ga. L. 1959, p. 2390), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2772), so as to change the maximum amount of compensation for deputies and clerks of the Judge of the Probate 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 Judge of the Probate Court of Dade County, formerly known as the Ordinary, on a salary basis in lieu of a fee basis of compensation, approved March 9, 1959 (Ga. L. 1959, p. 2390), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2772), is hereby amended by striking from section 6 the following: $4,200.00, and inserting in lieu thereof the following: $6,000.00,

Page 3226

so that when so amended, section 6 shall read as follows: Section 6. The Judge of the Probate Court 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 Judge of the Probate Court 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 $6,000.00 in any calendar year. 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. Notice to Introduce Legislation. Notice is hereby given that there will be introduced at the 1975 session of the General Assembly of the State of Georgia bill to amend an act creating the office of Ordinary of Dade County, as amended, so as to change the compensation of the clerk of the Ordinary. This the 16th day of December, 1974. Charles W. Gray Ordinary, Dade County, Georgia 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

Page 3227

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 19, 26, 1974 and January 2, 1975. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 19th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. DADE COUNTYCOMMISSIONERPERSONNEL SALARY CHANGES. No. 225 (House Bill No. 228). An Act to amend an Act creating the office of Commissioner of 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), an Act approved February 13, 1970 (Ga. L. 1970, p. 2042), and an Act approved April 17, 1973 (Ga. L. 1973, p. 2761), so as to change the provisions relating to clerks, deputies and clerical help in the office of the Commissioner 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 creating the office of Commissioner

Page 3228

of 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), an Act approved February 13, 1970 (Ga. L. 1970, p. 2042), and an Act approved April 17, 1973 (Ga. L. 1973, p. 2761), is hereby amended by striking section 10, which reads 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 act 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 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., in its entirety and inserting 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

Page 3229

inferior courts and judges of the probate courts 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 $10,000.00 in 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. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Legislation. Notice is hereby given that there will be introduced at the 1975 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 on April 13, 1973, so as to change the compensation of the clerical help and to increase the expense allowance of the County Commissioner; to repeal conflicting laws.

Page 3230

This the 16th day of December, 1974. J. D. Miller Commissioner of Dade County, Georgia 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 19, 26, 1974 and January 2, 1975. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 19th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. DADE COUNTYSUPERIOR COURT CLERKSALARY CHANGED FOR DEPUTY CLERK. No. 226 (House Bill No. 229). An Act to amend an Act placing the Clerk of the Superior Court of Dade County on an annual salary in lieu of the fee system of compensation, approved April 10, 1971 (Ga. L. 1971, p. 3824), so as to change the provisions

Page 3231

relating to the compensation of the deputy 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 Dade County on an annual salary in lieu of the fee system of compensation, approved April 10, 1971 (Ga. L. 1971, p. 3824), is hereby amended by adding to section 4, following the words annual salary, the following: not to exceed $3,000.00, so that when so amended, section 4 shall read as follows: Section 4. The clerk of the superior court shall have the authority to appoint a deputy clerk, who shall receive an annual salary not to exceed $3,000.00 to be determined by the governing authority of the county, payable in equal monthly installments. It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the person who shall be employed as his deputy, and to prescribe his duties and assignments, and to remove or replace any such employee at will and within his sole discretion. Salary. 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 1975 session of the General Assembly of Georgia, a bill to increase the compensation of clerical help for the Clerk of Superior Court of Dade County. This the 16th day of December, 1974. Betty C. Rogers Clerk of Superior Court of Dade County, Georgia

Page 3232

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 19, 26, 1974 and January 2, 1975. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 19th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF SUGAR HILLNEW CHARTER. No. 227 (House Bill No. 233). An Act to provide a new Charter for the City of Sugar Hill, Georgia, in the county of Gwinnett; to provide for the incorporation of said City; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Sugar Hill, to be exercised by the governing authority; to provide for the powers, duties and authority of the City and its officers, officials and employees and the citizens of the City; to provide for general and specific powers; to provide for construction of this Charter and the powers of the City; to provide for the exercise of powers, functions, rights privileges

Page 3233

and immunities; to provide for ordinances, by laws, rules and regulations; to provide for a City Council and the members, terms of office, election, duties, powers, authority, meetings, compensation, quorums, qualifications, and vacancies in the office of councilmen; to provide for a mayor and a mayor pro tempore and their terms of office, election or appointment, duties, powers, authority, compensation, qualifications, and vacancies; to provide for prohibitions on holding certain offices or positions of employment, voting, and dealing with the City; to provide for inquiries and investigations; to provide for the general power and authority of the Council; to provide for the organization and procedures of the mayor and Council; to provide for oaths; to provide for rules of procedure; to provide for regular and special meetings; to provide for ordinances and their adoption; to provide for emergency ordinances; to provide for codes of technical regulations; to provide for submission of ordinances to the mayor and his power of veto; to provide for codifications of laws and ordinances; to provide for the executive branch of City government and its organization; to provide for departments and employees of City government; to provide for boards, commissions, and authorities; to provide for a City manager and his appointment, qualifications, compensation, duties, powers, and authority; to provide for a City attorney and his appointment, qualifications, compensation, duties, powers, and authority; to provide for administrative officers, including a City clerk, tax collector and City accountant, and their appointment, qualifications, compensation, duties, powers, and authority; to provide for personnel administration; to provide for a municipal court and its judges, jurisdiction, practices, procedures, powers, and authority; to provide for appeals and rules; to provide for elections and the pracices, procedures, and requirements connected with such elections; to provide for the conduct of elections; to provide for special elections; to provide for the removal of elective officers and the practices and procedures connected therewith; to provide for the financial and fiscal administration of the City; to provide for taxation and the practices and procedures connected therewith; to

Page 3234

provide for property taxes, tax levies, tax due dates, tax bills, and the collection of delinquent taxes; to provide for licenses, occupational taxes, excise taxes, sewer service charges, sanitary and health service charges, and special assessments; to provide for the transfer of executions; to provide for borrowing by the City; to provide for general obligation bonds, revenue bonds, and short term notes; to provide for accounting and budgeting procedures; to provide for a fiscal year; to provide for the preparation and submission of budgets; to provide for action by the Council on budgets; to provide for property tax levies; to provide for appropriations; to provide for contracting procedures and purchasing and disposal of City property; to provide for official bonds; to provide for existing ordinances and regulations; to provide for Section captions; to provide for penalties; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Sugar Hill, approved March 24, 1939 (Ga. L. 1939, p. 1302), as amended; 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: ARTICLE I CREATION, INCORPORATION, POWERS Section 1.10. Incorporation . The City of Sugar Hill, Georgia, in the county of Gwinnett, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Sugar Hill, 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 used; 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

Page 3235

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 Sugar Hill 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 Sugar Hill, 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: May (or Description) of the Corporate Limits of the City of Sugar Hill, Georgia. Alterations in these boundaries shall be indicated by appropriate entires 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. (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 1.12. Specific powers . The corporate powers of the government of the City of Sugar Hill, 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

Page 3236

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; (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 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 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 50 years; to prescribe the rates, fares, regulations and standards

Page 3237

and conditions of service applicable to the service to be provided by the franchise grnatee 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 and public services; (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, 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, 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 establish minimum standards for and to regulate the erection, construction and repair of buildings and all other structures, to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes, to

Page 3238

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 for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the City; (15) To regulate or prohibit junk dealers; 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; (16) To regulate and control the conduct of peddlers, and itinerate trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (17) To license, tax, regulate, or prohibit professional fortune telling or palmistry; (18) 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 right-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City; (19) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) 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; (21) 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;

Page 3239

(22) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (23) 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; (24) 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; (25) 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; (26) 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; (27) 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; (28) To define a nuisance and provide for its abatement whether on public or private property;

Page 3240

(29) To provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public; (30) 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 person to any county work camp or jail by agreement with the appropriate county officials; (31) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness, the playing of lotteries and disturbing the peace in the corporate limits of the City 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; (32) 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; (33) 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; (34) 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; (35) To provide and maintain a system of pensions and retirement for officers and employees of the City;

Page 3241

(36) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) 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; (38) 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; (39) 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; (40) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of the State of Georgia; (41) To exercise the power of arrest through duly appointed policemen or in any other manner provided by the general laws of the State of Georgia; (42) 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; (43) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, 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

Page 3242

Charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this Charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General powers. In addition to all other powers herein granted, the City 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, 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

Page 3243

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 CITY COUNCIL Section 2.10. Creation; composition; number; election. The legislative authority of the government of the City of Sugar Hill, except as otherwise specifically provided in this Charter, shall be vested in a City Council to be composed of a mayor and five councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this Charter. Section 2.11. Terms of office. The mayor and members of the Council shall hold their offices for two years and until their respective successors are elected and qualified. The mayor and three councilmen shall be elected in even years and two of said councilmen shall be elected in odd years. Section 2.12. Qualification of office. No person shall be eligible to any office under this Act who is not eligible as a voter at the election aforesaid. Section 2.13. Mayor pro tempore. At the first meeting of the City Council in each year the Council shall choose from its own number a mayor pro tempore, who, in the absence, sickness or disqualification of the mayor, shall be clothed with all rights, privileges and duties of the mayor. If the mayor elected by the people, and the mayor pro tempore shall be unable from any cause to attend to their duties, the Council shall immediately elect another mayor pro tempore, who shall thereby be clothed with all the powers, rights and duties of the mayor of the City, upon taking the usual oath. Section 2.14. Vacancy; forfeiture of office; filling of vacancies. (a) VacanciesThe office of mayor or councilman

Page 3244

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) is convicted of a felony 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 2.15. Compensation and expenses. The mayor and councilmen shall receive as compensation for their services an amount which may be determined from time to time by majority vote of the Council; provided, however, that there shall be no change of compensation by either increase or decrease during the term of any councilman, mayor or mayor pro tempore in office at the time of any such change of compensation. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.16. 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. (c) Dealing with City. No person holding office under this Charter shall at any time during the term of which he was elected or appointed, or while in office, be capable

Page 3245

of contracting with the City for the performance of any work or the sale of anything which is to be paid for out of the treasury, nor shall any such person be capable of holding or having any interest in such contracts entered into by himself or another, directly or indirectly. Section 2.17. 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 administer oaths, take testimony, and require the production of evidence. Section 2.18. 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 Sugar Hill 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 Sugar Hill and may enforce such ordinance by imposing penalties for violation thereof. (c) By ordinance the Council may 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. Powers and duties of mayor. (a) The mayor shall be the official spokesman for the City and the chief advocate of policy. He shall preside at meetings of the Council, shall sign ordinances and resolutions on their final

Page 3246

passage, and shall sign deeds, bonds, contracts, and other instruments or documents when authorized by the Council to do so. The mayor shall perform such other duties as may be imposed by this Charter or by ordinance of the Council not inconsistent therewith. (b) The mayor and mayor pro tempore, while acting as mayor shall have the right to vote on all questions before the Council when said vote is a tie. ORGANIZATION AND PROCEDURES Section 2.30. Organizational meeting . The Council shall meet for organization on the first Saturday in December each year. 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 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 day 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 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

Page 3247

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 may 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 . The mayor or mayor pro tempore and any 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 mayor or mayor pro tempore shall have the casting vote, and the majority of votes may determine any and all questions and elections before the Council. 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 Sugar Hill 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

Page 3248

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. 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. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 90 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 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

Page 3249

(2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk. (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 2.37. Submission of ordinances to the mayor; authenticating, recording, codification, printing . (a) (1) Every ordinance adopted by the Council shall be presented promptly by the clerk to the mayor. (2) The mayor, within 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 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. (3) 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 four members, it shall become law. (4) 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. (b) The Council shall provide for the preparation of a general codification of all of the ordinances of the City having

Page 3250

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 Sugar Hill, 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 Sugar Hill 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 addition to codes of technical regulations and other rules and regulations included in the code. ARTICLE III EXECUTIVE BRANCH ORGANIZATION GENERAL PROVISIONS Section 3.10. Administrative and service departments . (a) The Council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, department 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

Page 3251

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 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.

Page 3252

(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 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 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 the City. 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

Page 3253

doing, the Council may specifically delegate to 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, 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. 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 the City clerk, City tax collector, and City accountant, or any

Page 3254

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, 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 City manager may prepare a position classification and pay plan to be submitted to the Council for approval. Said plans may apply to all employees of the City of Sugar Hill, 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 3.51. 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 any position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; and (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 Sugar Hill.

Page 3255

ARTICLE IV MUNICIPAL COURT Section 4.10. Creation. (a) There is hereby established a court to be known as the Municipal Court of the City of Sugar Hill, 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 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. (b) Said court shall be presided over by the mayor of Sugar Hill, unless the Council, in its discretion, appoints a judge to preside over said court. In the absence or disqualification of the judge, a judge pro tempore designated as such by the Council shall preside and shall exercise the same powers and duties as the judge when so acting. Should both the judge and judge pro tempore become disqualified, then any member of the Council or the mayor may be designated to preside with the same powers and duties as the judge when so acting. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall be appointed by the Council and shall serve at the discretion of the Council. The compensation of the judge shall be fixed by the Council. (b) The judge pro tempore shall serve in the absence of the judge, shall have the same qualifications as the judge,

Page 3256

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 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 Sugar Hill 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 $100.00 or 10 days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or 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 180 days. (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

Page 3257

such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be declared forfeited on order of the judge to the City of Sugar Hill, 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 and 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 Sugar Hill granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisance. 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 Gwinnett 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 Probate Court; 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 de novo proceeding.

Page 3258

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. The Council shall cause an election to be held at the Council chamber or such other place in the City as the Council shall direct and desigante, on the last Saturday in October of each year. The election and prior notice thereof shall in all respects be held in compliance with the general laws of Georgia in effect at the time of such elections relating to municipal elections. If the Council shall fail to have an election held as set forth above for any cause whatever, the mayor shall order an election held as soon after the time set forth above, but under any circumstances before the last day of December, as is possible, which election shall comply in all respects with the general laws of Georgia in effect at that time relating to municipal elections. Section 5.11. Qualifying; nomination of candidates; absentee ballots. By ordinance the Council may 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 elections in the City of Sugar Hill.

Page 3259

CONDUCT OF ELECTIONS Section 5.20. Applicability of general laws. The procedures and requirements for election of all elected officials of the City of Sugar Hill 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 5.21. 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 nine 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, Title 34A of the Code of Georgia of 1933, as now or hereafter 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: (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) wilful violation of any express prohibition of this Charter; (e) abandonment of office or neglect to perform the duties thereof; or

Page 3260

(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 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 to appeal from the decision of the Council to the Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the Probate Court. (b) By information filed in the Superior Court of Gwinnett 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 1 in each year, shall be subject to the property tax levied by the City of Sugar Hill. 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 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

Page 3261

sufficient levy to pay principal and interest on general obligations. The City of Sugar Hill is hereby exempted from the provisions of 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 deliquent taxes by fi. fa. issued by the City clerk and executed by any police officer of the City under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which City property taxes are levied, as of the assessment date of each year, which 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 panalties imposed by this Charter for 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 occupational taxes upon the residents of the City of Sugar Hill, 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 expendient for the public health, safety, benefit, convenience or advantage to the City; to classify business, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to

Page 3262

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 Sugar Hill to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of said City. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and City property taxes and shall be enforceable in the same manner and under the same remedies as a lien for City property taxes. Section 6.16. Sanitary and health services charge. The Council shall have authority by ordinance to provide for, to enforce, and to collect the cost of sanitary and health services necessary in the operation of the City from all individuals, firms and corporations, residing in or doing business in said City benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such 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 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

Page 3263

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 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 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 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 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 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. 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 projects, programs 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.

Page 3264

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 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. 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 and every office department or institution, agency and activity of the City government, unless otherwise provided by State or Federal law. Section 6.31. Preparation of budgets . The Council shall provide by ordinance the procedures and requirements for 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 6.32. Submission of operating budget to City Council . On or before a date fixed by the Council but not later than 90 days prior to the beginning of each fiscal year, the City manager shall submit to the Council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the City manager containing a statement of the general fiscal policies of the City, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the City clerk and shall be open to public inspection.

Page 3265

Section 6.33. Action by Council on budget . (a) The Council may amend the operating budget proposed by the City manager; except, that the budget as finally amended and adopted must provide for all expenditure required by law or by other provisions of this Charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The Council shall adopt the final operating budget for the ensuing fiscal year not later than the 1st day of January of each year. 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. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable. Section 6.34. 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 the City of Sugar Hill. 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 the City of Sugar Hill.

Page 3266

Section 6.35. 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. Section 6.36. Capital improvements budget . (a) On or before the date fixed by the City Council but not later than 90 days prior to the beginning of each fiscal year, the City manager shall submit to the Council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The Council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The Council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of the inhabitants, when passed by two-thirds vote of the membership of the Council. (b) The Council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the 1st day of January of each year. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the City manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the Council. Section 6.40. 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.

Page 3267

Section 6.41. Centralized purchasing and disposition of city property . (a) The Council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Sugar Hill. (b) The Council may sell and convey any real or personal property owned or held by the City of Sugar Hill 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. (c) The Council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the City has no readily ascertainable monetary value. (d) 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 GENERAL PROVISIONS Section 7.10. Official bonds . The officers and employees of the City of Sugar Hill, both elective and appointive, shall execute such official bonds in such amounts and upon such

Page 3268

terms and conditions as the City Council may from time to time require. Section 7.11. Existing ordinances and regulations . Existing ordinances and resolutions of the City of Sugar Hill 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 Sugar Hill not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended. Section 7.12. 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 7.13. Penalties . The violation of any provisions of this Charter, for which a penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 120 days, or both such fine and imprisonment. Section 7.14. Specific repealer . An Act incorporating the City of Sugar Hill in the County of Gwinnett, approved March 24, 1939 (Ga. L. 1939, p. 1302), as amended, is hereby repealed in its entirety. Section 7.15. Severability . If any article, section, subsection, paragraph, sentence, or part thereof of this Charter shall be held to be invalid or unconstitutional shall not affect or impair other parts of this Charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.16 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 3269

Section 7.17. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Local Legislation. Notice is hereby given that the Town of Sugar Hill intends to apply for the passage of local legislation at the 1975 session of the General Assembly of Georgia to provide for a new Charter for the Town of Sugar Hill, to provide for all matters relative thereto, and for all other purposes. This notice is given in order to comply with appropriate provisions of the Constitution of the State of Georgia. This 18th day of December, 1974. E. E. Camp, Mayor Town of Sugar Hi9l999 B. B. Harris, Representative Elect, Gwinnett County.S Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. B. Harris, Sr. 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 Lawrenceville Home Weekly which is the official organ of Gwinnett County, on the following dates: December 31, 1974, January 8, 15, 1975. /s/ B. B. Harris, Sr. Representative, 60th District Sworn to and subscribed before me, this 15th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission, Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3270

CITY OF CAIROCHARTER AMENDEDELECTION PROVISIONS CHANGED. No. 228 (House Bill No. 240). An Act to amend an Act incorporating the City of Cairo, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2536), as amended by an Act approved March 4, 1955 (Ga. L. 1955, p. 2750), so as to change the date of the municipal election; to provide for runoff 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 . An Act to amend an Act incorporating the City of Cairo, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2536), as amended by an Act approved March 4, 1955 (Ga. L. 1955, p. 2750), 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 general election for the City of Cairo shall be held on the first Tuesday in October, beginning in 1976 and biennially thereafter. At the general election held in 1976 and in each fourth year thereafter, the Mayor and Councilmen for Wards 2 and 4 shall be elected for four-year terms beginning the first day of January in the year following the year of their elections, and until the election and qualification of their successors. At the general election held in 1978 and in each fourth year thereafter, the Councilmen for Wards 1 and 3 shall be elected for four-year terms beginning the first day of January in the year following the year of their election, and until the election and qualification of their successors. (b) In any general election where there are as many as three candidates for any particular office and where none of said candidates receive a majority of the votes cast for the candidates for such office, there shall be a runoff election as between the two candidates receiving the highest number of votes. The candidate receiving the most votes at

Page 3271

such runoff election shall be declared duly elected for such office by the Mayor and Council. Any such runoff election shall be held on the third Tuesday in October next after said general election. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. To Whom It May Concern: You are hereby notified that the Hon. Bobby Long, the Representative of the 142nd District in the General Assembly of Georgia, in which District the area of the City of Cairo is located, intends to introduce at the January, 1975, session of the General Assembly a local or special bill for the purpose of amending that certain act approved August 6, 1906, (Ga. L. 1906, pp. 573-588) incorporating the City of Cairo, as heretofore several times amended, by providing that the City General Election shall be held hereafter biennially beginning on the first Tuesday in October, 1976, and every two years thereafter, and to provide that at the election held on the first Tuesday in October, 1976, the Mayor and Councilmen for Wards 2 and 4 shall be elected for a term of four years beginning on January 1, 1977; and, that at the next election thereafter held on the first Tuesday in October, 1978, the Councilman at Large and Councilmen for Wards 1 and 3 shall be elected for four year terms beginning on January 1, 1979; and that the City General Election shall be held every two years thereafter on the first Tuesday in October, in accordance with the rotation system as thus established; and, by providing for a run-off election where no candidate receives a majority of the votes cast for the candidates for such office. This 16th day of December, 1974. /s/ R. A. Bell Attorney for the City of Cairo

Page 3272

Georgia, Grady County. Personally appeared H. H. Wind, Jr., Publisher of The Cairo Messenger, the official organ of Grady County, Georgia, who being first duly sworn, deposed, certified and said that the above and foregoing notice of intention to apply for Local Legislation was published in said newspaper in its following issues, namely: December 20, December 27, 1974, and January 3, 1975. /s/ H. H. Wind, Jr. Sworn to, certified and subscribed before me, this 3rd day of January, 1975. /s/ Beverly V. McLendon Notary Public: Grady County, Georgia. My Commission Expires: Oct. 17, 1976. (Seal). Approved April 17, 1975. CITY OF BERKELY LAKENEW CHARTER. No. 229 (House Bill No. 242). An Act to provide a new Charter for the City of Berkeley Lake, Georgia, in the county of Gwinnett; to provide for the incorporation of said city; to provide for corporate boundaries; to provide for the corporate powers of the government of the City of Berkeley Lake, to be exercised by the governing authority; to provide for the powers, duties and authority of the city and its officers, officials and employees and the citizens of the city; to provide for general and specific powers; to provide for construction of this charter and the powers of the city; to provide for the exercise of powers, functions, rights, privileges and immunities; to provide for ordinances, bylaws, rules and regulations; to provide for a governing authority and the members, terms of office, election, duties, powers, authority, meetings, compensation, quorums, qualifications

Page 3273

and vacancies in the office of councilmen; to provide for a mayor and a mayor pro tempore and their terms of office, election of appointment, duties, powers, authority, compensation, qualifications and vacancies; to provide for the organization and procedures of the mayor and councilmen; to provide for oaths; to provide for rules of procedure; to provide for regular and special meetings; to provide for ordinances and their adoption; to provide for administrative officers, including a city clerk, marshal and police chief; to provide for a recorder's court and its judges, jurisdiction, practices, procedures, powers and authority; to provide for appeals and rules; to provide for elections and the practices, procedures and requirements connected with such elections; to provide for the conduct of elections; to provide for the removal of elective officers and the practices and procedures connected therewith; to provide for taxation and the practices and procedures connected therewith; to provide for property taxes, tax levies, tax due dates, tax bills and the collection of delinquent taxes; to provide for licenses, occupational taxes, excise taxes and special assessments; to provide for borrowing by the city; to provide for general obligation bonds, revenue bonds and short-term notes; to provide for property tax levies; to provide for official bonds; to provide for existing ordinances and regulations; to provide for section captions; to provide for penalties; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Berkeley Lake, approved March 6, 1956 (Ga. L. 1956, p. 2805), as amended; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CREATION, INCORPORATION, GOVERNING AUTHORITY. Section 1.10. Incorporation . The City of Berkeley Lake, Georgia, in the county of Gwinnett, and the inhabitants thereof shall continue to be a body politic and corporate

Page 3274

under the same name and style of the City of Berkeley Lake, 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 1.11. Corporate boundaries . (a) The boundaries of the City of Berkeley Lake shall be the same as presently exist for the City of Berkeley Lake, and shall extend over that territory embraced within the following description: All that tract or parcel of land lying and being in Land Lots 268, 288, 289, 290, 297, 298 and 299 of the 6th Land District of Gwinnett County, Georgia, containing 698.69 acres, more or less, and being more particularly described in a certain Security Deed made by Berkeley Realty and Investment Company to Coggins Realty and Investment Company, dated July 3, 1950, recorded in Deed Book 95, Page 448, Gwinnett County Records, which land has been subdivided as shown by plats of survey appearing of record in Plat Book E, Pages 178, 179, 248, 249 and 250 and Plat Book F, Page 256, Gwinnett County Plat Records. Also all that tract or parcel of land lying and being in Land Lot 299 of the 6th Land District of Gwinnett County, Georgia, containing 10.33 acres, more or less, according to plat by Higginbotham James, Registered Surveyors, dated November 12, 1956, and being more fully described according to said plat as follows: BEGINNING at a point in the center of Bush Road 378.5 feet as measured from the 60 foot right-of-way of Bayway Drive as measured along the center of Bush Road in a Southwesterly direction; thence South 3 degrees 39 minutes East

Page 3275

a distance of 640.6 feet to an iron pin corner separating Land Lot 299 and Land Lot 288; thence South 65 degrees 35 minutes West along the original land lot line separating Land Lot 299 and Land Lot 288 a distance of 797.7 feet to the center of Mill Creek; thence in a Northwesterly, North and Northeasterly direction following the center of Mill Creek a distance of 885 feet to a concrete culvert in the center of Bush Road; thence North 63 degrees 28 minutes East a distance of 235.4 feet and following the center of Bush Road; thence North 66 degrees 36 minutes East a distance of 163.0 feet following the center of Bush Road; thence North 48 degrees 03 minutes East a distance of 156.1 feet following the center of Bush Road; thence North 51 degrees 30 minutes East a distance of 240.1 feet following the center of Bush Road to a point and the same being the POINT OF BEGINNING. Also all that tract or parcel of land lying and being in Land Lots 298 and 299 of the 6th District of Gwinnett County, Georgia, and being more particularly described as follows: BEGINNING at the point of intersection of the northerly right-of-way line of Bush Road and the westerly right-of-way line of Bayway Drive, and running thence in a westerly and southwesterly direction along the northerly and northwesterly right-of-way line of Bush Road, and following the curvature thereof, to an iron pin located at the point where said right-of-way line is intersected by the east line of the corporate limits of the city of Lake Berkeley, said course along the right-of-way line having a traverse line commencing at the point of termination of the traverse line along Bayway Drive, hereinafter described, and running as follows: south 80 degrees 46 minutes west 100.00 feet; south 73 degrees 26 minutes west 117.00 feet; and south 63 degrees 41 minutes west 169.11 feet to the termination of said traverse line at the aforesaid iron pin located on the east line of the Lake Berkeley city limits; running thence north 03 degrees 38 minutes west along said city limits line, a distance of 1208.33 feet to an iron pin; running thence north 68 degrees 20 minutes east along said city limits line, a

Page 3276

distance of 381.92 feet to an iron pin; running thence north 30 degrees 26 minutes west along said city limits line, a distance of 262.54 feet to an iron pin; continuing thence north 30 degrees 26 minutes west to a point in the center line of Pittman Creek; running thence in a northeasterly direction along the center line of said creek and following the meanderings thereof to a point which is located north 64 degrees 02 minutes east a distance of 184.71 feet from the last described iron pin; running thence north 35 degrees 29 minutes west along said city limits line, a distance of 658.70 feet to a point located on the southeasterly bank of the Chattahoochee River; running thence in a northeasterly direction along the edge of said river bank and following the curvature thereof, a distance of 181.09 feet to a point; running thence south 35 degrees 29 minutes east a distance of 1049.04 feet to a point located on the northerly right-of-way line of Bayway Drive; running thence in a westerly, southwesterly and southerly direction along the northerly, northwesterly and westerly right-of-way line of Bayway Drive, and following the curvature thereof, to the point marking the corner of the intersection of the westerly right-of-way line of Bayway Drive with the northerly right-of-way line of Bush Road and the point of beginning, the aforesaid course along the right-of-way line of Bayway Drive having the following traverse line as measured along the northern, northwestern and western edge of the pavement of Bayway Drive 10 feet from the center line thereof: south 74 degrees 52 minutes west 102.74 feet; south 70 degrees 42 minutes west 100.00 feet; south 64 degrees 17 minutes west 100.00 feet; south 54 degrees 09 minutes west 100.00 feet; south 34 degrees 25 minutes west 100.00 feet; south 16 degrees 26 minutes west 100.00 feet; south 01 degree 11 minutes west 100.00 feet; south 09 degrees 47 minutes east 200.00 feet; south 12 degrees 31 minutes east 99.92 feet; south 07 degrees 45 minutes east 100.00 feet; south 01 degree 24 minutes west 143.50 feet; south 02 degrees 04 minutes west 100.00 feet; south 05 degrees 24 minutes east 100.00 feet; and south 18 degrees 38 minutes east 116.46 feet; as per release plat prepared by R. A. Oslin, Jr., Georgia Registered Professional Land Surveyor No.

Page 3277

1261, dated September 18, 1973, and containing 14.84 acres according to said plat. Section 1.12. Governing authority, terms, etc . The governing authority of the City of Berkeley Lake shall consist of a mayor and four councilmen. The present mayor and councilmen of the City of Berkeley Lake shall continue in office until the expiration of the term for which they have been elected, and until their successors are elected and qualiried, and they shall have and exercise all of the rights, powers and duties hereby conferred on the mayor and council of the City of Berkeley Lake. On the first Saturday in December, 1975, there shall be elected three councilmen, whose term of office shall be for two years, beginning on the first Tuesday in January, 1976, and each of said councilmen shall hold office until his successor is elected and qualified; and on the first Saturday in December every two years thereafter, there shall be elected three councilmen, whose term of office shall be two years, and until their successors are elected and qualified, who shall take office on the first Tuesday in January next following their election. On the first Saturday in December, 1976, there shall be elected two councilmen, whose term of office shall be for two years, beginning on the first Tuesday in January, 1977, and each of said councilmen shall hold office until his successor is elected and qualified. On the first Saturday in December, every two years thereafter, there shall be elected two councilmen, whose term of office shall be for two years and until their successors are elected and qualified, who shall take office on the first Tuesday in January next following their election. Section 1.13. Selection of mayor and mayor pro tem . On the first Tuesday in January of each year, the duly elected and qualified councilmen shall elect a mayor from among the councilmen who shall serve for a term of one year or until his successor is elected and qualified. The council shall also select from among their body, a mayor pro tem who shall have a term of office of one year and during the sickness, absence or disqualification of the mayor, the mayor pro tem, or in his sickness, absence or disqualification, any

Page 3278

one of the councilmen chosen by the members present, shall be clothed with all the rights and privileges of the mayor and shall perform the mayor's duties. Section 1.14. Qualifications. No person shall be eligible for the office of 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 municipal elections for officers of said city. If the mayor or either of the councilmen should remove his residence or domicile out of said city during his term of office, said office shall automatically become vacant. Section 1.15. Oath of office. The mayor and councilmen elect, before entering upon the discharge of their official duties, shall take and subscribe to the following oath before the retiring mayor or some person authorized to administer oaths in the following form, to wit: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as mayor (or councilman, as the case may be) of the City of Berkeley Lake during my term of office, to the best of my knowledge, ability and understanding, so help me God. Said oath shall be entered on the minutes of the first meeting of the mayor and council of each year. Section 1.16. Vacancies. In the event the office of mayor, or any one or more of the positions on said council shall become vacant, for any reason whatever, the remaining members of the council shall fill said vacancy for the remainder of the unexpired term. Section 1.17. Quorum. The mayor or mayor pro tem, and three members of the council shall constitute a quorum for the transaction of any business before the city council; the mayor, or mayor pro tem, if he be presiding, shall be entitled to vote only in case of a tie. No motion, resolution, ordinance or other question before the council shall pass unless a majority of the members present, and unless the

Page 3279

said motion, resolution, ordinance or other question receive at least three affirmative votes. In case only one vote is needed to pass any motion, resolution, ordinance or other question before the council, the mayor, or mayor pro tem, if he be presiding, may vote. Section 1.18. Salaries, meetings, etc. The mayor of the City of Berkeley Lake may receive a salary in an amount to be fixed by the council; and each member of the council may receive a salary, to be fixed by the council, the salary for councilmen not to exceed $300.00 per annum. The mayor and council shall meet for the purpose of transacting business for said city only at a regular meeting place as now or hereafter established by resolution of council, within the corporate limits of the City of Berkeley Lake. The governing authority, 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 governing authority may fix. Section 1.19. Other officers. At the first regular meeting of the governing authority in each year, they may elect a city clerk, a chief of police, and such other officers and servants, including a city attorney, as the governing authority may deem necessary for the good government of said city. The city clerk may be a member of the council. Each of said officers shall be elected for a term of one year or to serve at the pleasure of the governing authority, who shall fix the salary or compensation of said officers and servants. Section 1.20. Duties of city clerk. The city clerk shall be a practical bookkeeper, and shall keep the clerk's office at such place within the corporate limits of the City of Berkeley Lake as may be determined by the governing authority, and shall keep a corporate seal and all papers of the city appertaining to the office of city clerk. He shall be clerk of the city council and of the city recorder's court and shall keep the minutes of the city council and of the recorder's court. Copies of all papers filed in the office of the city

Page 3280

clerk and transcripts of the records of the city council and of the recorder's court certified by the clerk under the corporate seal of the City of Berkeley Lake shall be evidence in all courts as if the original was produced. Said city clerk shall be the official tax collector of said city, and shall issue all tax executions and shall keep a tax execution docket in which the clerk shall enter all executions issued, the name of the party against whom issued, the amount of the tax, and the final disposition of the same. For issuing each execution for taxes, or for licenses, or for other cause, the clerk shall cause to be charged and collected the sum of fifty cents each, which sum shall be paid to the city treasurer. The clerk shall perform such other duties as the governing authority shall be ordinance, motion, resolution or otherwise, require and direct. Section 1.21. City treasurer. The governing authority shall designate the city clerk or some other person as city treasurer, and may designate a bank as a city depository. The governing authority shall provide by ordinance or resolution for the drawing of city warrants or checks, and designate who shall have authority to sign the same. ARTICLE II SPECIFIC AND GENERAL POWERS. Section 2.10. Specific powers. The corporate powers of the government of the City of Berkeley Lake, 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 privilieges, 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

Page 3281

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 granter 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 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 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 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 50 years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to

Page 3282

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 over the bridges and viaducts for the use of public utilities and public services; (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, 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, 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 establish minimum standards for and to regulate the erection, construction and repair of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; 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 for the health,

Page 3283

sanitation, cleanliness, welfare and safety of inhabitants of the city; (15) to regulate and control the conduct of peddlers and itinerate trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (16) 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 right-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; (17) to prescribe standards of health and sanitation and to provide for the enforcement of such standards; (18) 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; (19) to provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (20) 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; (21) 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;

Page 3284

(22) 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; (23) 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; (24) 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; (25) to define a nuisance and provide for its abatement whether on public or private property; (26) to provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; (27) 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 official; (28) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness, the playing of lotteries and disturbing the peace in the corporate limits of the city 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

Page 3285

and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (29) 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; (30) to regular 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; (31) 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; (32) to provide and maintain a system of pensions and retirement for officers and employees of the city; (33) to levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) 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; (35) 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; (36) 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

Page 3286

and the inhabitants thereof, and for preserving the health, peace, order and good government of the city; (37) to provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (38) to exercise the power of arrest through duly appointed policemen or in any other manner provided by the general laws of the State of Georgia; (39) 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; (40) 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 2.11. 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

Page 3287

heretofore authorized to exercise upon the effective date of this charter. Section 2.12. 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 2.13. 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 2.14. 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. Section 2.15. Zoning and planning commission . The governing authority may divide the city into zones and to prescribe what class and kind of buildings, businesses, callings, trades or professions shall be permitted or prohibited within the zoning so prescribed. The governing authority may establish a planning commission pursuant to the laws of the State of Georgia or they may form a planning commission in conjunction with the governing authorities of Gwinnett County and delegate to such joint planning commission such powers and duties as may be necessary to properly zone and carry out the zoning regulations in the said city.

Page 3288

ARTICLE III RECORDER'S COURT, CITY POLICE, MARSHALL, FIRE PROTECTION Section 3.10. Creation . (a) There is hereby established a court to be known as the Recorder's Court of the City of Berkeley Lake, 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 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. (b) Said court shall be presided over by the mayor of Berkeley Lake, or in his absence or disqualification, the mayor pro tem; provided, however, that the governing authority shall have the right, at any time in their discretion, upon the approval of the mayor and at least three councilmen, to create and establish the office of city recorder, elect a city recorder in and for said city, and fix the recorder's salary or compensation and term of office, which term of office shall be for not more than one year or at the pleasure of the governing authority; and from and after the creation of said office of city recorder and the election of a recorder as aforesaid, the said recorder shall preside over the said court and the court shall not thereafter be presided over by the mayor or mayor pro tem, except in the absence or disqualification of the said recorder. In the event of the absence or disqualification of the recorder, the mayor or mayor pro tem may preside over said court with full powers as the city recorder except as may otherwise be

Page 3289

limited by law. The governing authority shall have the right to elect as the city recorder, any practicing attorney who resides within Gwinnett County, Georgia, and is in good standing with the State Bar of Georgia and has actively been engaged in the practice of law more than three consecutive years prior to his appointment or election as city recorder. Said recorder when elected and qualified shall have all the powers and authorities appertaining to recorder's court as authorized by this charter and by the laws of the State of Georgia. Any person who may be selected as city recorder shall, before entering upon the duties of the office of city recorder, take and subscribe to the following oath: I do solemnly swear that I will well and truly perform all the duties devolving upon me as city recorder of the City of Berkeley Lake during the term of my office to the best of my knowledge, ability and understanding and without fear or favor to any person, so help me God. A subscribed copy of said oath shall be entered upon the minutes of the meeting of the governing authority at which said city recorder qualified, and said oath shall be administered by the mayor, or in his absence, the mayor pro tem of the City of Berkeley Lake. Section 3.11. Convening . Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 3.12. Jurisdiction; powers . (a) The recorder's court shall try and punish for crimes against the City of Berkeley Lake 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 $100.00 or 10 days in jail. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment, 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.

Page 3290

(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 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 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 declared forfeited on order of the recorder to the City of Berkeley Lake, 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 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 and executed by any officer as authorized by this charter or by State law. (g) The recorder's court is specifically vested with all of the jurisdiction and powers throughout the entire area of

Page 3291

the City of Berkeley Lake granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisance. Section 3.13. Appeal . The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Gwinnett 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 probate court; 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 3.14. Rules for court . With the approval of the governing authority, 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 governing authority 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. Section 3.15. City marshal . The governing authority shall have the power to elect and appoint a person to be city marshal, which city marshal shall be selected on the first Tuesday in January of each year and shall serve for a term of one year or until his successor is elected and appointed. The city marshal shall be the collecting officer of all executions issued for unpaid taxes, licenses, and other matters, which he may be directed to collect by the governing authority. He shall execute such execution by levying the same upon either real or personal property, and any such property so levied upon shall be advertised and sold as directed by ordinances passed by the governing authority. There shall be taxed against all persons against whom an

Page 3292

execution shall be issued, and for levying, and for advertising, selling and making title, the same costs as are allowed sheriffs for like service, and these fees shall be paid over by said marshal to the city treasurer. Section 3.16. Chief of police. The chief of police shall have full direction and management of the policemen under him, subject to the control and direction of the governing authority by ordinance. He shall see that all ordinances are enforced and that the men under him discharge their duties faithfully. He shall attend each session of the recorder's court or shall instruct one of the policemen under him to be in attendance. He shall collect such funds and enforce such sentences of imprisonment and labor as the city recorder of said police court may impose, and pay to the city treasurer, for the benefit of said city, all funds collected. The chief of police shall carry out the orders of the recorder's court. The chief of police and the policemen under him may execute any warrant issued by any magistrate of this State, upon any defendants found in said city as provided by law. Upon arrest of any person for violating the criminal laws of Georgia, or when they know that the State law is being violated, they shall immediately apply to the nearest magistrate for a warrant and execute the same. The chief of police and the policemen under him shall perform such other and further duties as shall be required of them by the governing authority of said city. Section 3.17. Fire protection. The governing authority may establish a fire department to be maintained and operated by the City of Berkeley Lake under such rules, regulations and ordinances as the governing authority shall prescribe. The governing authority may elect a chief and appoint such other number of men who shall receive such salaries as may be prescribed by the governing authority, and who shall be elected by the governing authority as other officers of said city are elected or appointed. The chief shall be the executive head of the department, shall be responsible for the good order and efficiency of the same, and shall make such reports to the governing authority of the condition of the department as may be required and said chief shall be and he is hereby made an ex officio police officer

Page 3293

of the city and empowered to make arrests as regular police. The governing authority may contract with Gwinnett County or a governmental authority or public corporation for the furnishing of fire protection to the city as the governing authority may deem advisable. Section 3.18. Official bonds. The officers and employees of the City of Berkeley Lake shall execute such official bonds in such amounts and upon such terms and conditions as the governing authority may from time to time require. ARTICLE IV TAXATION Section 4.10. Property taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, shall be subject to the property tax levied by the City of Berkeley Lake. The governing authority 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 4.11. Tax levy. The governing authority of said city shall have full power and authority for the purpose of raising revenue for the support and maintenance of said city government, and they shall provide by ordinance for the assessment, levy and collection of ad valorem tax not exceeding 40 mills on all real and personal property within the corporate limits of said city; and for the purpose of providing for a sinking fund for the payment of any bonds heretofore issued, or that may hereafter be issued by said city, and to provide a fund for the payment of the annual interest of said bonds, a greater ad valorem tax may be levied and collected. Said governing authority shall provide by ordinance for the return of all taxable property in said city, how said property may be assessed, how the valuation of the property fixed by the taxpayer may be increased or decreased by assessment, and provide penalties for the neglect or refusal to return said property; to provide for the issuance of executions for said taxes, and how said execution may be levied

Page 3294

upon the property of the taxpayer, and the property so levied upon shall advertised and sold, and the proceeds thereof distributed. Section 4.12. Tax due dates and tax bills. The governing authority 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, 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 4.13. Collection of delinquent taxes. The governing authority may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which 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 governing authority shall have discretionary authority to waive any and all penalties imposed by this charter for delinquent taxes, fees, assessments or on other amounts due to the city. Section 4.14. Licenses, occupational taxes, excise taxes. The governing authority, by ordinance, shall have full power to levy such license and specific or occupational taxes upon the residents of the City of Berkeley Lake, 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 governing authority may deem expedient for the public health, safety, benefit, convenience or advantage to the city; to classify business, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such license by execution or any other lawful manner; and

Page 3295

to make laws and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. The governing authority shall have full power and authority to levy an excise tax not prohibited by general law. Section 4.15. General obligation bonds. The governing authority shall have the power to issue bonds for the purpose of raising revenue to carry out any projects, programs or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 4.16. Revenue bonds. Revenue bonds may be issued by the governing authority as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 4.17. Short term notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year. ARTICLE V ELECTIONS, RECALL Section 5.10. Elections, voting qualifications. All persons qualified to vote for members of the General Assembly of the State of Georgia and the County of Gwinnett, who shall have resided three months within the city limits of the City of Berkeley Lake, and have registered as hereinafter provided, shall be qualified to vote in any city election. Section 5.11. Qualifying; nomination of candidates; absentee ballots. By ordinance the governing authority may 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

Page 3296

may be necessary for the conduct of elections in the City of Berkeley Lake. Section 5.12. Plurality vote. In any election, the candidate receiving a plurality of the votes cast for such office, shall be declared the person elected to such office. Section 5.13. Applicability of general laws. The procedures and requirements for election of all elected officials of the City of Berkeley Lake 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 5.14. Grounds for removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (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 5.15. Procedure for removal. Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of the remaining member of the governing authority. In the event an elected officer is sought to be removed by the action of the governing authority, such officer shall be entitled to a written notice specifying the

Page 3297

ground for removal and to a public hearing which shall be held not less than 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 to appeal from the decision of the governing authority to the Superior Court of Gwinnett County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information field in the Superior Court of Gwinnett County, as provided by law. ARTICLE VI GENERAL PROVISIONS Section 6.10. Existing ordinances and regulations. Existing ordinances and resolutions of the City of Berkeley Lake not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended by the governing authority. Existing rules and regulations or departments or agencies of the City of Berkeley Lake not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 6.11. 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 6.12. Penalties. The violation of any provisions of this charter, for which a penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 120 days, or both such fine and imprisonment. Section 6.13. Specific repealer. An Act incorporating the City of Berkeley Lake in the County of Gwinnett, approved March 6, 1956 (Ga. L. 1956, p. 2805), as amended, is hereby repealed in its entirety.

Page 3298

Section 6.14. 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 6.15. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Local Legislation. Notice is hereby given that there will be Introduced in the General Assembly of Georgia, at the January session, 1975, an Act to amend, consolidate and supercede the Act incorporating the City of Berkeley Lake, in Gwinnett County, Georgia, and all amendments thereto, and to create a new charter for said municipality; to repeal the Act incorporating the City of Berkeley Lake, approved March 6, 1956, (Ga. L. 1956, p. 2805) and all amendments thereto, and to create a new charter for said municipality, created as the City of Berkeley Lake in Gwinnett County, Georgia, to provide for a municipal government, to define the territorial limits of said City of Berkeley Lake to be the same as now exist for the City of Berkeley Lake, to provide for the powers thereof, to provide for a mayor and council and to define their powers and duties, and for other objects and purposes, to be contained therein. This the 27th day of December, 1974. Warren Coleman, Mayor L. J. Dennison John N. McBride Mrs. Bess McCorvey Otis Phillips Councilmen, City of Berkeley Lake

Page 3299

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. B. Harris, Sr. 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 Home Weekly which is the official organ of Gwinnett County, on the following dates: January 2, 8, 15, 1975. /s/ B. B. Harris, Sr. Representative, 60th District Sworn to and subscribed before me this 15th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TATTNALL COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 230 (House Bill No. 278). An Act to consolidate the offices of Tax Receiver and Tax Collector of Tattnall County into the office of Tax Commissioner of Tattnall County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide that 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 personnel

Page 3300

in the office of the tax commissioner, their compensation, and the payment of 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. The offices of Tax Receiver and Tax Collector of Tattnall County are hereby consolidated and combined into the one office of Tax Commissioner of Tattnall County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon the tax receivers and tax collectors by the laws of this State. Created. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Tattnall County in 1976. The person so elected shall take office on the first day of January, following his election and shall serve until December 31, 1980, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election, and shall serve a term of office of four years and until their sucessors are duly elected and qualified. Nothing herein shall effect the term of office of the present Tax Collector and Tax Receiver of Tattnall County, and their terms of office shall continue through December 31, 1976. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Election. Section 3. The tax commissioner before entering upon the duties of his office, shall take the oath prescribed by law for tax collectors and shall give bond as provided by law for the tax collector. Oaths. Section 4. All taxes due and payable at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued.

Page 3301

Section 5. The tax commissioner shall receive an annual salary of not less than $12,000 nor more than $15,000, the exact amount to be fixed by the governing authority of Tattnall County, and said salary shall be paid in equal monthly installments from funds of Tattnall County. Salary. Section 6. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies, and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the tax commissioner shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. 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. Fees. Section 7. The tax commissioner shall have the authority to employ such personnel as needed by his office. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed, to fix their compensation, to prescribe their duties and assignments and to

Page 3302

remove or replace any of such employees at will and within his sole discretion. However, it shall be within the sole discretion of the governing authority of said county to fix the total amount for compensation of such employees at an amount of not less than $12,000 nor more than $15,000 annually. Personnel. Section 8. The necessary operating expenses of the office of the tax commissioner, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purposes. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Tattnall County, but the compensation of the tax commissioner and the total amount for compensating personnel of his office shall be set within the limits provided by this Act. Expenses. Section 9. This Act shall become effective January 1, 1977, except the provisions of section 2 relative to the election of the tax commissioner, which shall become effective on January 1, 1976. Effective date. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. To comply with a resolution unanimously passed by the Tattnall County Board of Commissioners, we will introduce legislation at the 1975 session of the General Assembly of Georgia that will consolidate the office of the Tattnall County Tax Collector and the Tattnall County Tax Receiver into one office to be known as the Tattnall County Tax Commissioner. This Tax Commissioner shall receive a salary of not less than $12,000.00 or more than $15,000.00 per year, and not

Page 3303

less than $12,000.00 or more than $15,000.00 per year for office help. This will not affect any present office holder. It will not become effective until January 1, 1977. Rep. Dewey Rush Rep. A. D. Clifton Senator Joe Kennedy 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 121st 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 2, 9, 16, 1975. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me this 21st day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TATTNALL COUNTYSUPERIOR COURT CLERKSALARIES OF PERSONNEL CHANGED. No. 231 (House Bill No. 279). An Act to amend an Act abolishing the fee system of compensating the Clerk of the Superior Court of Tattnall

Page 3304

County and providing in lieu thereof an annual salary, approved April 6, 1967 (Ga. L. 1967, p. 2723), as amended by an Act approved February 28, 1969 (Ga. L. 1969, p. 2139), and an Act approved April 17, 1973 (Ga. L. 1973, p. 2964), so as to change the provisions relating to the compensation of personnel of 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: 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 by an Act approved February 28, 1969 (Ga. L. 1969, p. 2139), and an Act approved April 17, 1973 (Ga. L. 1973, p. 2964), is hereby amended by striking in section 4 the following: the sum of $9,000.00, and substituting in lieu thereof, the following: the sum of not less than $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 not less than $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.

Page 3305

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 Local Legislation. With the unanimous consent of the Tattnall County Board of Commissioners we will introduce legislation at the 1975 session of the Georgia General Assembly so that the Clerk of the Courts of Tattnall County shall not receive less than $9,000.00 per year to pay salaries of the Deputy Clerks of the Courts and other office help. This is not a salary increase. Rep. Dewey Rush Rep. A. D. Clifton Senator Joe Kennedy 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 121st 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 2, 9, 16, 1975. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me this 21st day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3306

CITY OF RIVERDALECHARTER AMENDEDCERTAIN TERMS OF OFFICE CHANGED. No. 233 (House Bill No. 304). An Act to amend an Act incorporating the City of Riverdale in the County of Clayton in the State of Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, particularly by an Act approved March 12, 1970 (Ga. L. 1970, p. 2611), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3805), so as to change the terms of office of the mayor and councilmen of said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Riverdale in the County of Clayton in the State of Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2205), as amended, particularly by an Act approved March 12, 1970 (Ga. L. 1970, p. 2611), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3805), 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. Election, oath, meetings, and vacancies. Beginning on the second Saturday in November, 1975, there shall be elected for said city, a mayor and one councilman from Ward No. 2 and one councilman from Ward No. 4 who shall each serve for an initial term of office of three years. Beginning on the second Saturday in November, 1976, there shall be elected for said city, one councilman from Ward No. 1 and one councilman from Ward No. 3 who shall each serve for a term of office of four years. Thereafter, an election shall be conducted in said city on the second Saturday in November in each even-numbered year to elect successors to the mayor and councilmen whose terms of office are expiring in that year. The mayor and councilmen shall take office on the first day of January next following their election and shall hold office until their successors are duly elected and qualified. All elections shall be conducted on a city-wide basis and in order for a candidate to

Page 3307

be eligible to qualify as a candidate in addition to the other qualifications enumerated in this charter, he must reside in the ward for at least thirty (30) days prior to said election. In order to be elected, every candidate for mayor or councilman must receive a majority of the votes cast for the position for which he is offering as a candidate. In the event a councilman moves his residence from the ward which he represents after taking office, the mayor and council shall declare his office vacant and it shall be filled as any other vacancy in said city government. At the first regular meeting of the mayor and council, after their election, they shall meet in the city hall or other designated place in said city and then and there severally take, before some officer, authorized under the laws of Georgia to administer oaths, the following oath of office, to wit: `I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Riverdale for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God.' Should the mayor or any councilman be absent from said meeting, he or they shall take oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings as the business of the city may require, which special or called meetings shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen in the case of vacancies in the council, and by the councilmen in the case of a vacancy in the office of mayor, and persons so selected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed twelve months. Terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3308

Georgia, Clayton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News/Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: December 17, 24 and 31, 1974. Notice to introduce local legislationCity of Riverdale. Notice. Notice is hereby given that legislation will be introduced at the 1975 session of the General Assembly of the State of Georgia to change the terms of the Mayor and Councilmen of the City of Riverdale, Georgia from two years to four years. /s/ Jim Wood Publisher (Seal) Sworn to and subscribed before me this 14th day of January 1975. /s/ Mrs. Carol P. Reynolds Notary Public, Georgia, State at Large. My Commission Expires Aug. 28, 1977. (Seal). Approved April 17, 1975. CITY OF PORT WENTWORTHCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 234 (House Bill No. 346). An Act to amend an Act incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, so as to extend the corporate limits of said city and annex and incorporate certain additional land

Page 3309

into said city; to provide for the city's exercise of authority over the annexed land; 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 incorporating the City of Port Wentworth, approved February 6, 1957 (Ga. L. 1957, p. 2003), as amended, is hereby amended by adding at the end of section 2 the following: The corporate limits of the City of Port Wentworth be, and the same are, hereby extended beyond their present boundaries as now defined, so as to include, in addition to the areas now embraced within the corporate limits of the City of Port Wentworth, all of the areas of land embraced and lying within the parcel of land described and set forth in the next paragraph to follow, except it is expressly understood that the small parcel of land contained herein, comprising several acres owned by Kaiser Agricultural Chemical Division of Kaiser Aluminum and Chemical Corporation, is deleted and shall not be a part hereof: All that certain tract of land, situate, lying, and being in the 8th G. M. District of Chatham County, Georgia, described as follows: Beginning at the point of intersection of the Northern right-of-way line of Georgia State Highway No. 21, said point being designated the Point of Beginning; running thence from said Point of Beginning North along the Eastern right-of-way line of Georgia State Highway No. 21 for a distance of 2,050 feet, more or less, to a point, said point marking the intersection of the Southern Property Line of Grange Subdivision with the Eastern right-of-way line of Georgia State Highway No. 21; running thence East along the Southern Property Line of Grange Subdivision for a distance of 5,300 feet, more or less, to a point, said point marking the intersection of the Southern Property Line of Grange Subdivision with the Western right-of-way line of U.S. Highway No. 17; running thence South along the Western right-of-way line of U.S. Highway No. 17 for a distance of 2,330 feet, more or less, to a point on the Western right-of-way line of U.S. Highway No. 17,

Page 3310

said point being where the present corporate limits of the City of Port Wentworth and Garden City meet; running thence West along a straight line for a distance of 5,250 feet, more or less, to the point of beginning. All powers and all authority of the City of Port Wentworth under its charter, as amended, and its ordinances, and all laws that pertain to said city as a municipality, are hereby extended over, and made effective is, every part of the territories included within the area of the parcel of land above described, it is expressly stated herein and understood that the small parcel contained herein, comprising several acres owned by Kaiser Agricultural Chemical Division of Kaiser Aluminum and Chemical Corporation, is deleted and shall not be a part hereof. The power and authority of the officers of the City of Port Wentworth are made co-extensive with the limits of said city as extended by this Act; and all right and powers necessary to carry out and enforce the laws and ordinances governing the City of Port Wentworth, are extended to all of the limits included under the terms of this Act. The powers of all duly elected and constituted officials, officers, and departments of the City of Port Wentworth are extended to the new limits added by this Act, as fully and completely as they now exist within the former limits under the present charter, as amended, and the laws and ordinances governing the City of Port Wentworth. Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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 3. A copy of the notice of intention to apply for

Page 3311

this local legislation and the certificate of the publisher showing the publication of such notice as required by law, be, and are hereto attached and are made a part of this Act; and it is hereby declared that all of the requirements of the Constitution and laws of the State of Georgia relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with before the enactment of this Act. Section 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 legislation at the 1975 Session of the General Assembly to Amend the Charter of the City of Port Wentworth, to extend and change the corporate limits of the City, and for other purposes. James E. Yates, III City Attorney For City of Port Wentworth, 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 128th 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: November 29, December 6, 13, 1974. /s/ Tom Triplett Representative, 128th District

Page 3312

Sworn to and subscribed before me, this 22nd day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal) Approved April 17, 1975. McDUFFIE COUNTY SMALL CLAIMS COURTCOST CHANGES; ETC. No. 238 (House Bill No. 363). An Act to amend an Act creating the McDuffie County Small Claims Court, approved February 27, 1970 (Ga. L. 1970, p. 2187), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3456), so as to change certain of the costs prescribed for various proceedings in said court; to provide for a portion of the cost of such proceedings to be remitted to the Board of Commissioners of McDuffie County to defray the cost of the operation 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 McDuffie County Small Claims Court, approved February 27, 1970 (Ga. L. 1970, p. 2187), as amended by an Act approved April 17, 1973 (Ga. L. 1973, p. 3456), is hereby amended by striking from section 8, wherever they shall appear, the following words and figures: eight dollars and fifty cents ($8.50) and $8.50, and substituting in lieu thereof the following: $10.00, respectively, so that when so amended, section 8 shall read as follows:

Page 3313

Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $10.00, which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $10.00. 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 $10.00 for every such claim case. The same practice and procedure shall apply in case 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 striking from section 22 the following: $8.50, and inserting in lieu thereof the following: $10.00, so that when so amended, section 22 shall read as follows: 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 beiliff, or by the judge of the small claims court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly

Page 3314

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 $10.00. Costs. Section 3. Said Act is further amended by adding between section 19 and 20 a new Section, to be designated section 19A, to read as follows: Section 19A. From the $10.00 fee charged a plaintiff when he files a claim as provided in section 8(a), $1.50 of each such $10.00 fee charged shall be remitted to the Board of Commissioners of McDuffie County to defray the cost of equipment, supplies and other such necessities furnished by the county for the operation of said court. Such funds accumulated as herein provided shall be remitted quarterly to the board of commissioners. County funds. 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 undersigned will introduce at the regular 1975 Session of the General Assembly of Georgia, a bill to increase the claim filing cost in the McDuffie Small Claims Court from $8.50 to $10.00 and to

Page 3315

provide that $1.50 thereof shall be remitted quarterly to McDuffie County to defray the costs of equipment, supplies, etc., furnished said Court by said county. This 21st day of December, 1974. Warren D. Evans Representative-Elect 84th District Ray D. Owens Representative-Elect 77th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren Evans 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 McDuffie Progress which is the official organ of McDuffie County, on the following dates: January 2, 9, 16, 1975. /s/ Warren Evans Representative, 84th District Sworn to and subscribed before me, this 20th day of January, 1975. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1975. (Seal). Approved April 17, 1975. CITY OF ALPHARETTACHARTER AMENDEDCERTAIN LAND DE-ANNEXED. No. 239 (House Bill No. 366). An Act to de-annex a certain parcel of land from the City of Alpharetta, such parcel having been annexed by

Page 3316

Ordinance of said City on May 28, 1973, under the authority of the Act providing for annexation by petition, approved March 10, 1966 (Ga. L. 1966, p. 409), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The following described property, same having been annexed by the City of Alpharetta by Ordinance adopted under the authority of the Act providing for annexation by petition, approved March 10, 1966 (Ga. L. 1966, p. 409), as amended, is hereby de-annexed from and declared not to be within the limits of said City: All that tract or parcel of land lying and being in the Second District, First Section of Fulton County, Georgia, and being a portion of Land Lot 1240 and being more particularly described as follows: BEGINNING at an iron pin located on the northerly side of Webb Bridge Road (said road having a 60 foot right-of-way) said iron pin being located a distance of 345.0 feet northwesterly from the intersection of the east line of Land Lot 1240 with the northerly side of Webb Bridge Road; thence north 22 degrees 27 minutes east 456.6 feet to an iron pin; thence north 68 degrees 39 minutes west, 253.1 feet to an iron pin; thence south 21 degrees 33 minutes west, 500.0 feet to an iron pin and the northeasterly side of Webb Bridge Road; thence in a southeasterly direction along the northeasterly side of Webb Bridge Road, 250.0 feet to an iron pin and point of beginning. This description according to a survey by Bates-Long Associates, R.L.S., dated May 1, 1972, and containing 2.74 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 in

Page 3317

the next January, 1975 session of the General Assembly, a bill to de-annex property now in the City of Alpharetta, Georgia belonging to Jesse W. Herrington and Josephine L. Herrington, located in Land Lot 1240 of the Second District and First Section of Fulton County, Georgia, same being located on Webb Bridge Road, and for other purposes. Randall Moore Acting Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Irvin who, on oath, deposes and says that he is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 24, 31, 1974 and January 7, 1975. /s/ Bob Irvin Representative, 23rd District Sworn to and subscribed before me, this 22nd day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF ALPHARETTSCHARTER AMENDEDSALARY OF MAYOR CHANGED. No. 240 (House Bill No. 368). An Act to amend an Act creating a new charter for the City of Alpharetta, approved March 3, 1961 (Ga. L. 1961,

Page 3318

p. 2127), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2385), so as to change the salaries of the Mayor 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 Alpharetta, approved March 3, 1961 (Ga. L. 1961, p. 2127), as amended, particularly by an Act approved March 29, 1973 (Ga. L. 1973, p. 2385), 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: (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 $800.00 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. Section 2. This Act shall become effective March 1, 1975. 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 next January, 1975 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

Page 3319

amendatory thereof by setting the salary of the Mayor, and for other purposes. Randall Moore Acting Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Irvin who, on oath, deposes and says that he is Representative from the 23rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 24, 31, 1974, and January 7, 1975. /s/ Bob Irvin Representative, 23rd District Sworn to and subscribed before me, this 22nd day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF ATHENSCHARTER AMENDEDELECTION PROVISIONS CHANGED. No. 242 (House Bill No. 402). 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 March 20, 1963 (Ga. L. 1963, p. 2360, No. 121, House Bill No. 253)

Page 3320

so as to provide that a majority of the votes cast by electors shall be required for election to the office of Mayor, Alderman, and Recorder of the Recorder's Court for the City of Athens; 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. 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 amended by an Act approved March 20, 1963 (Ga. L. 1963, p. 2360, is hereby amended by striking therefrom the following: The person or persons who shall receive the highest number of votes at said election for mayor and aldermen, respectively, shall be declared elected;..... and inserting in lieu thereof, the following: A majority of the votes cast by electors shall be required for election to the office of Mayor, Aldermen, and Recorder of the Recorder's Court for the City of Athens; so that said section 6, as amended, shall read in part as follows: A majority of the votes cast by electors shall be required for election to the office of Mayor, Aldermen, and Recorder of the Recorder's Court for the City of Athens; 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 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 1975 Session thereof for the passage

Page 3321

of a local bill to amend the charter of The Mayor and Council of the City of Athens (Ga. Laws 1872, page 127), approved August 24, 1872, as amended, so as to provide that a majority of the votes cast by electors shall be required for election to the office of Mayor, Alderman, and Recorder of Recorder's Court for the City of Athens; to provide for all matters germane thereto; to repeal conflicting laws; and for other purposes. This 18th day of December, 1974. Julius E. Bishop Mayor Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared Robert 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 27, 1974, and January 3 and 10, 1975. /s/ Robert W. Chambers Certified, sworn to and subscribed before me, this 15th day of January, 1975. /s/ Frances P. Carter Notary Public, Clarke County, Georgia. My Commission Expires Aug. 1, 1977. (Seal). Approved April 17, 1975.

Page 3322

EFFINGHAM COUNTYSTATE COURTSALARY OF JUDGE CHANGED. No. 243 (House Bill No. 408). An Act to amend an Act creating the State Court of Effingham County (formerly known as the City Court of Springfield), approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved August 8, 1916 (Ga. L. 1916, p. 295), an Act approved February 19, 1951 (Ga. L. 1951, p. 2563), an Act approved April 5, 1961 (Ga. L. 1961, p. 2881), an Act approved March 21, 1968 (Ga. L. 1968, p. 2584), and an Act approved March 30, 1971 (Ga. L. 1971, p. 2482), so as to change the salary of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Effingham County (formerly known as the City Court of Springfield), approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved August 8, 1916 (Ga. L. 1916, p. 295), an Act approved February 19, 1951 (Ga. L. 1951, p. 2563), an Act approved April 5, 1961 (Ga. L. 1961, p. 2881), an Act approved March 21, 1968 (Ga. L. 1968, p. 2584) and an Act approved March 30, 1971 (Ga. L. 1971, p. 2482), is hereby amended by striking section 2A in its entirety and inserting in lieu thereof a new section 2A, to read as follows: Section 2A. The judge of said court shall receive a salary of six thousand ($6,000.00) dollars per year, which shall be paid monthly by the Treasurer of Effingham County, and it shall be the duty of the Board of County Commissioners of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved

Page 3323

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 1975 regular session of the General Assembly of Georgia, a bill to change the salary of the Judge of the State Court of Effingham County; and for other purposes. This 23rd day of December, 1974. M. Dorothy Standard, Clerk Effingham County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Chance who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Springfield Herald which is the official organ of Effingham County, on the following dates: December 26, 1974, January 2, 9, 1975. /s/ George Chance Representative, 129th District Sworn to and subscribed before me, this 17th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3324

TOWN OF RINCONCHARTER AMENDEDOFFICERS QUALIFICATIONS CHANGED, ETC. No. 244 (House Bill No. 409). An Act to amend an Act creating a charter for the Town of Rincon, approved April 3, 1927 (Ga. L. 1927, p. 1497), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3238), and an Act approved February 24, 1969 (Ga. L. 1969, p. 2042), so as to change the qualifications of candidates for mayor or alderman of said town; to change the penalty for persons guilty of violating the ordinances, bylaws, rules, regulations, zoning ordinances and building codes of said town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a charter for the Town of Rincon, approved April 3, 1927 (Ga. L. 1927, p. 1497), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3238), and an Act approved February 24, 1969 (Ga. L. 1969, p. 2042), is hereby amended by striking in its entirety the following sentence in section 4: A candidate for mayor or alderman of said town shall be at least twenty-five (25) years of age, a freeholder, and a resident of the town for at least two (2) years before qualifying., and inserting in lieu thereof the following sentence: A candidate for mayor or alderman of said town shall be at least twenty-five (25) years of age and a resident of the town for at least two (2) years before qualifying. Section 2 . Said Act is further amended by striking the words, symbols and figures: one hundred dollars ($100.00),

Page 3325

in section 10 in their entirety and inserting in lieu thereof the words, symbols and figures: five hundred dollars ($500.00), so that section 10, when so amended, shall read as follows: Section 10. The mayor and aldermen shall have full power and authority to enact and enforce all ordinances, bylaws, rules, and regulations necessary for the good government of said town, and securing and promoting the welfare, peace, prosperity and health of its inhabitants, and to prescribe the penalties for violation of the same. The mayor's court for the trial of offenders against the laws and ordinances of the Town of Rincon shall be known as the recorder's court, which court is hereby created. The mayor and aldermen are authorized and empowered to elect a recorder to hold said court, to fix the qualifications, term of office, and compensation. Said recorder so elected shall take such oath as may be prescribed by the mayor and aldermen. Any vacancy in the office of the recorder shall be filled by the mayor and aldermen. Such recorder, and in his absence, a recorder pro tem, who may be appointed by the recorder and must be a practicing attorney, may hold said court and may exercise all the powers conferred by law upon the recorder, and may punish for any violation of a law or ordinance of the Town of Rincon by a fine not exceeding five hundred dollars ($500.00), imprisonment in the city jail, or imprisonment in the county jail by permission of the county authorities, not exceeding 60 days, or work on the city work crew or other public work not exceeding 60 days, any one or more or all of these at the discretion of said recorder. When sitting as a court for the trial of offenders, the recorder shall have the power to punish for contempt by a fine not exceeding fifty dollars ($50.00), imprisonment or work in the manner already described, for a period of ten (10) days, one or both, at the discretion of the recorder. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3326

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to amend an Act creating a charter of the Town of Rincon, approved April 3, 1927 (Ga. L. 1927, p. 1497), as amended, particularly by an Act approved April 5, 1961 (Ga. L. 1961, p. 3238), and an Act approved February 24, 1969 (Ga. L. 1969, p. 2042), so as to change the qualifications of candidates for mayor or alderman of said town; to change the penalty for persons guilty of violating the ordinances, bylaws, rules, regulations, zoning ordinances and building codes of said town; to repeal conflicting laws; and for other purposes. This 13th day of December 1974. Carter W. White Mayor Town of Rincon, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Chance who, on oath, deposes and says that he is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Springfield Herald which is the official organ of Effingham County, on the following dates: December 19, 26, 1974 January 2, 1975. /s/ George Chance Representative, 129th District Sworn to and subscribed before me, this 17th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3327

CITY OF WEST POINTCHARTER AMENDEDSALE OF CERTAIN PROPERTY PROVIDED. No. 245 (House Bill No. 426). An Act to amend an Act creating a new charter for the City of West Point, Georgia, approved December 13, 1900 (Ga. L. 1900, p. 474), as amended, so as to authorize and empower the Mayor and Aldermen of the City of West Point to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, at any time and from time to time, any real property owned by the City of West Point which is not needed for municipal purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of West Point, Georgia, approved December 13, 1900 (Ga. L. 1900, p. 474), as amended, is hereby amended by adding to the end thereof the following: The Mayor and Aldermen of the City of West Point are hereby authorized and empowered to grant, bargain, sell and convey, upon such terms and for such sums as may be agreed upon, any real property owned by the City of West Point which is not needed for municipal purposes. Section 2. Whenever the City shall determine that any real property is not needed for municipal purposes and that same should be sold, the City shall advertise such fact once a week for three consecutive weeks in a newspaper of general circulation in the City of West Point, Georgia, before holding such sale. 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, 1975, Session of the General Assembly of

Page 3328

Georgia, a Bill to amend the Charter of the City of West Point, Georgia, so as to authorize the Governing Authority to dispose of real property which is not needed for municipal purposes, to repeal conflicting laws, and for other purposes. This 19th day of December, 1974. John C. Barrow Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: December 27, 1974, January 3, 10, 1975. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 24th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. BACON COUNTYSUPERIOR COURT CLERK PLACED ON SALARY. No. 247 (House Bill No. 431). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Bacon County, known as

Page 3329

the fee system; to provide in lieu thereof an annual salary; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide for the payment of the operating expenses of said office; to provide that certain fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide 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 Bacon 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 of Bacon County shall receive an annual base salary of not less than $10,000.00, nor more than $13,000.00, to be fixed by the governing authority of Bacon County, plus 4% of the amount of such base salary as so fixed for each four-year period of service served in office by said officer, beginning January 1, 1973; provided, however, that the annual base salary to be paid the present Clerk of the Superior Court in office upon the effective date of this Act shall not be less than $12,000.00, payable in equal monthly installments from county funds. Salary. Section 3. The Clerk of the Superior Court of Bacon County shall have the sole power and authority to appoint a full-time Deputy Clerk of the Superior Court to assist him in the performance of the duties of his office, and such Deputy Clerk 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 Deputy Clerk shall not be less than $4,200.00 nor more than $6,000.00 per annum and shall be paid on a weekly basis from the funds of Bacon County. Personnel.

Page 3330

Section 4. The necessary operating expenses of the office of Clerk of the Superior Court shall be paid from county funds. All supplies, materials, furnishings, furniture, fixtures, copying equipment, utilities, telephone and other items as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from county funds. Expenses. Section 5. The Clerk 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 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 6. All fees, costs, fines, forfeitures, commissions, allowances, penalties, funds, monies, payments into retirement system and all other emoluments which have accrued to the Clerk at the time this Act becomes effective and to which said officer is entitled and which remain uncollected at the time this Act becomes effective, shall when collected be paid to said officer. He shall, however, report the collection of any such fees to the governing authority of the county. Section 7. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3331

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a bill to place the Clerk of the Superior Court of Bacon County on an annual salary; to provide for the procedures connected therewith; and for other purposes. Bobby A. Wheeler Representative, 152nd District, Post 2 Paul W. Foster Representative, 152nd District, Post 1 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 152nd 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: January 2, 9, 16, 1975. /s/ Bobby A. Wheeler Representative, 152nd District Sworn to and subscribed before me, this 24th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3332

CITY OF PERRYCHARTER AMENDEDTERMS OF OFFICERS CHANGED, ETC. No. 248 (House Bill No. 445). 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, so as to change the terms of office of the mayor and councilmen; to provide for staggered terms of office for the mayor and councilmen; to provide for initial and regular terms of office; to provide for elections; to provide for practices and procedures in connection therewith; to provide for procedures for the removal of the mayor and councilmen; to provide for notices and hearings; to provide for appeals; to provide for practices and procedures in connection with the foregoing; to repeal certain provisions relating to the election of the City clerk, treasurer and City marshal, and their duties and bonds; to change the provisions relating to the power of the mayor to appoint committees and the manner of appointment of committees; 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, 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 municipal general election to be held on the first Tuesday in December, 1975, the candidates elected to the office of mayor and the offices of councilmen for Posts 4, 5 and 6 shall take office on the first day of January following the election and shall serve for an initial term of office of three years each and until their respective successors are duly elected and qualified. Following such initial terms of office, successors to the mayor and councilmen from Posts 4, 5 and 6 shall take office on the first day of January following the election, and shall serve for a term

Page 3333

of office of two years each and until their respective successors are duly elected and qualified. At the municipal general election to be held on the first Tuesday in December, 1977, and every two years thereafter, the candidates elected to the offices of councilmen for Posts 1, 2 and 3 shall take office on the first day of January following the election and shall serve for a term of office of two years each and until their respective successors are duly elected and qualified. All candidates elected in the municipal general election in 1977, or in any subsequent general election, to the office of mayor or councilman shall serve for a term of office of two years each and until their respective successors are duly elected and qualified. Beginning with the municipal general election in 1977, a municipal general election shall be held annually on the first Tuesday in December. Candidates elected in such elections shall take office on the first day of January following the election. The provisions of this Section shall not affect the terms of office of the mayor or any councilman in office on July 1, 1975, and such officials shall continue in office until the expiration of their respective terms of office to which they have been elected. 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. Section 2. Said Act is further amended by adding, following section 26, a new section 26A, to read as follows: Section 26A. The mayor and council shall have the power to remove the mayor or any councilman from office for gross misconduct, incapacity to perform the duties of the office, misfeasance or malfeasance in office, or failure to perform the duties of the office. If the mayor or a councilman has reason to believe that another such officer should be removed from office, he may introduce a resolution,

Page 3334

in writing and setting forth the reasons, declaring such office of mayor or councilman vacant. Upon introduction of such resolution at any regular meeting of the council, the mayor and council shall set a date for a hearing to be held at a regular council meeting not less than 20 days following the date of the meeting at which the resolution was introduced. The mayor and council shall have a copy of such resolution and a notice containing the date, place, time and purpose of the hearing served upon the person sought to be removed either by personal service or by leaving the same with a person sui juris at the residence of such person. At the hearing the person seeking removal and the person sought to be removed shall have the right to appear and give testimony, to present, examine and crossexamine witnesses, to present all relevant evidence, and to be represented by counsel. At the conclusion of the evidence the remaining mayor and councilmen, not including the person introducing the resolution or the person sought to be removed, shall retire and consider the evidence and a verdict. If such officials vote by a two-thirds vote to declare the office vacant, they shall adopt a resolution so declaring a vacancy. The mayor shall vote on the question unless otherwise precluded from considering said question as hereinabove set forth. Such vacancy so declared shall be filled in the manner provided by this charter for filling vacancies. Any person removed from office under the provisions of this Section shall have the right to appeal to the Superior Court of Houston County. Such appeal shall be taken in the same manner as appeals from the Probate Court to the Superior Court, and the same practices and procedures shall apply to such appeals. Removal from office. 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. The City clerk, chief of police and City treasurer shall take such oaths, perform such duties, and give such bonds as the mayor and council may prescribe, all bonds being payable to the City of Perry and conditioned for the faithful performance of their duties, and for the

Page 3335

accounting of all moneys intrusted to their keeping. Said officers shall hold office at the pleasure of the mayor and council and the mayor and council shall have power and authority to suspend said officers at any time, in the discretion of said mayor and council and it shall be the duty of the mayor and council to fix the salaries of all officers, agents, and employees of said City, which salary or compensation may be increased or diminished at any time by said mayor and council, in their discretion. All of said officers shall be governed by such rules and regulations as may be prescribed by the mayor and council, who may require other conditions in said bonds. The mayor shall have authority to suspend any officer temporarily in his discretion until the next regular meeting of the mayor and council, when such officers shall be given trial by said mayor and council. Oaths. Section 4. Said Act is further amended by striking section 78, which reads as follows: Section 78. Appointment of Committees. All committees provided for in this charter shall be appointed by the mayor with the approval of the councilmen, at the first regular meeting in each year. The mayor, with the approval of the council, may also appoint any other committee, or committees, that may be necessary or proper to the good government of the said city. and inserting in lieu thereof a new section 78 to read as follows: Section 78. Appointment of Committees. All committees provided for in this charter shall be appointed by the mayor. The mayor may also appoint any other committee, or committees, that may be necessary or proper to the good government of the said City. The mayor shall have the right to remove committee members and appoint new committee members of any committee, at any time, within his discretion. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3336

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 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, so as to change the terms of office of the mayor and councilmen; to change the provisions relating to the powers of the mayor; to change the provisions relating to the City clerk, treasurer, and City marshall; to provide procedures for the removal of the mayor and councilmen; and for other purposes. This 7th day of January, 1975. Larry Walker Representative 115th 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 115th 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 9, 16, 23, 1975. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 30th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3337

LEE COUNTYSALARY OF TREASURER CHANGED. No. 249 (House Bill No. 446). An Act to amend an Act entitled An Act to provide as compensation for the treasurer of Lee County a salary of seven hundred dollars ($700) per year, instead of the commissions heretofore allowed by law., approved August 8, 1916 (Ga. L. 1916, p. 460), as amended by an Act approved March 7, 1955 (Ga. L. 1955, p. 2996), and an Act approved March 30, 1965 (Ga. L. 1965, p. 2854), 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 entitled An Act to provide as compensation for the treasurer of Lee County a salary of seven-hundred dollars ($700) per year, instead of the commissions heretofore allowed by law., approved August 8, 1916 (Ga. L. 1916, p. 460), as amended by an Act approved March 7, 1955 (Ga. L. 1955, p. 2996), and an Act approved March 30, 1965 (Ga. L. 1965, p. 2854), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1, to read as follows: Section 1. The treasurer of Lee County shall receive as sole compensation for his services a salary of not less than two thousand dollars ($2,000.00) nor more than five thousand dollars ($5,000.00) as fixed by the governing authority of Lee County, the same to be divided into four equal installments and to be paid quarterly by the governing authority of Lee County, from funds provided by them for such purpose, in lieu of any and all commissions now paid and authorized by law. 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 3338

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 1975 Session of the General Assembly of Georgia, a bill to amend Act No. 312 (H.B. No. 688) approved March 30, 1965 placing the Treasurer of Lee County on a salary basis, the amount of compensation, and for other purposes, to change the maximum amount of salary that the Treasurer may be entitled to receive, matters relative thereto, and for other purposes. This 10th day of December, 1974. Board of County Commissioners Lee County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. S. Dick Hutchinson who, on oath, deposes and says that he is Representative from the 133rd 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, 1974. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 29th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3339

HALL COUNTYREVENUECERTAIN STATE TAXESINSTALLMENTS PROVIDED. No. 250 (House Bill No. 454). An Act to require all taxes due to the State of Georgia on taxable property in Hall County, other than motor vehicles, and all taxes due to Hall County on taxable property in Hall County, other than motor vehicles, to be paid in two equal installments, at least one-half of the total amount thereof shall be paid by August 1; and the balance shall be paid by December 1; to provide interest and penalties as now provided by law; to provide for partial payments; to provide when tax commissioner shall open and close his books for return of taxes; to provide for effective date; to provide what taxes covered; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provision to the contrary, except as provided in Code Section 92-2704, all taxes due to the State of Georgia on taxable property in Hall County, other than motor vehicles, and all taxes due to Hall County on taxable property in Hall County other than motor vehicles, shall become due and payable in two equal installments. At least one-half the total amount thereof shall be paid by August 1; and the balance shall be paid by December 1. Any installment not paid in full by the last day in such installment period shall, notwithstanding any existing law, be in default and shall bear the interest and penalties now or hereafter provided by law for taxes which are delinquent or in default. Section 2. All payments or partial payments of taxes, or installments thereof, shall be apportioned by the Tax Commissioner of Hall County among the State of Georgia and Hall County, in the same proportions that the taxes due each shall bear to the whole tax bill. Section 3. The Tax Commissioner of Hall County, Georgia,

Page 3340

shall open his books for return of taxes on the first day of January and shall close the same on the first day of March of each year. Section 4. The provisions of this Act are enacted pursuant to the terms and provisions of a certain amendment to Section I, Article VII, of the Constitution of Georgia of 1945, adopted and passed by the qualified voters of the State of Georgia in the general election of November, 1974, which amendment gives to the General Assembly the power and authority to enact such provisions. This Act shall become effective on January 1, 1976. Section 5. If any of the provisions of this Act shall be held unconstitutional, it is the intent of the enacting authority that the remaining provisions shall nevertheless remain in full force and effect. Severability. Section 6. The taxes referred to herein to be collected by the Tax Commissioner of Hall County shall mean the ad valorem and all other taxes other than motor vehicles shown to be due on returns filed by the taxpayer. 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-February, 1975 Session of the General Assembly of Georgia, a bill to provide for the payment of all taxes due to the State of Georgia on property in Hall County, other than motor vehicles, and all taxes due to Hall County, on property in Hall County, other than motor vehicles, may be paid in two equal installments at least one-half of the total taxes shall be paid by August 1; and the

Page 3341

balance shall be paid by December 1; and for other purposes. This 29th day of November, 1974. Howard T. Overby, Senator Joe T. Wood, Representative Doug Whitmire, Representative Jerry Jackson, Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gainesville Tribune which is the official organ of Hall County, on the following dates: December 11, 18, 25, 1974. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 29th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TOOMBS COUNTYSALARY OF SHERIFF CHANGED. No. 251 (House Bill No. 457). An Act to amend an Act placing the Sheriff of Toombs County upon an annual salary in lieu of the fee system,

Page 3342

approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2100), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2436), 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 Toombs County upon an annual salary in lieu of the fee system, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2100), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2436), is hereby amended by striking in section 3, the following: twelve thousand ($12,000) dollars, and substituting in lieu thereof, the following: fourteen thousand dollars ($14,000.00), so that when so amended, section 3 shall read as follows: Section 3. The sheriff shall receive fourteen thousand dollars ($14,000.00) per annum as full compensation for his services, payable in equal monthly installments from funds of Toombs County. Salary. Section 2. This Act shall become effective on April 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intentions to Introduce Local Legislation. Notice is hereby given that at the unanimous request of the Board of Commissioners of Toombs County there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a bill to change the compensation of the Tax Commissioner of Toombs County from $11,000 to $13,000 and to change the compensation of the Sheriff of

Page 3343

Toombs County from $12,000 to $14,000; to provide an effective date: to repeal conflicting laws, and for other purposes. This 13th day of January, 1975. Dewey D. Rush Representative, 121st District L. L. Pete Phillips Representative, 120th 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 121st 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 16, 23, 30, 1975. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TOOMBS COUNTYSALARY OF TAX COMMISSIONER CHARGED. No. 252 (House Bill No. 458). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Toombs County into the

Page 3344

office of Tax Commissioner of Toombs County, approved March 21, 1968 (Ga. L. 1968, p. 2417), 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 Toombs County into the office of Tax Commissioner of Toombs County, approved March 21, 1968 (Ga. L. 1968, p. 2417), is hereby amended by striking in section 3, the following: $11,000.00, and substituting in lieu thereof, the following: $13,000.00, 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 $13,000.00, payable in equal monthly installments from the funds of Toombs County. Salary. Section 2. This Act shall become effective on April 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the unanimous request of the Board of Commissioners of Toombs County there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a bill to change the compensation of the Tax Commissioner of Toombs County from $11,000 to $13,000 and to change the compensation of the Sheriff of Toombs

Page 3345

County from $12,000 to $14,000; to provide an effective date: to repeal conflicting laws, and for other purposes. This 13th day of January, 1975. Dewey D. Rush Representative, 121st District L. L. Pete Phillips Representative, 120th 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 121st 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 16, 23, 30, 1975. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia Sate at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. THOMAS COUNTYSTATE COURTSALARY OF JUDGE CHANGED, ETC. No. 253 (House Bill No. 459). An Act to amend an Act establishing the State Court of Thomas County (formerly known as the City Court of

Page 3346

Thomasville in and for the County of Thomas) approved August 18, 1905 (Ga. L. 1905, p. 383), as amended, particularly by Acts approved April 6, 1967 (Ga. L. 1967, p. 2821 and Ga. L. 1967, p. 2824), so as to change the salaries of 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 establishing the State Court of Thomas County (formerly known as the City Court of Thomasville in and for Thomas County) approved August 18, 1905 (Ga. L. 1905, p. 383), as amended, particularly by Acts approved April 6, 1967 (Ga. L. 1967, p. 2821 and Ga. L. 1967, p. 2824), is hereby amended by striking from the last paragraph of section 12 the following: six thousand ($6,000.00) dollars per annum, and inserting in lieu thereof the following: seventy-eight hundred ($7,800.00) dollars per annum, so that when amended, the last paragraph of section 12 shall read as follows: Such oath shall be immediately forwarded to the Governor and filed in the Executive Department. Said Judge shall practive law in any other court except the one provided for by this Act; he shall have authority to issue criminal warrants, to dispossess tenants holding over and intruders; to issue distress warrants, and generally all acts which the judges of the county courts are generally authorized to do, unless otherwise provided in this Act. The said judge shall receive a salary of seventy-eight hundred ($7,800.00) dollars per annum and shall be paid monthly out of the treasury of Thomas County. Said judge shall have the same power to enforce his orders, preserve order, and punish for contempt, and enforce laws and judgments, as is vested by law in the judges of the superior courts of this State. Section 2. Said Act is furhter amended by striking section

Page 3347

16 in its entirety and substituting in lieu thereof, a new section 16 to read as follows: Section 16. (a) There shall be a solicitor-general of said State Court of Thomas County, who shall be elected by the qualified voters of the County of Thomas at the next general election held in said county for the election of county officers in October, 1908 whose term of office shall be for four years, beginning on the first day of January, 1909. Said solicitor-general shall be commissioned by the Governor for a term of four years from his election and qualification. Said solicitor-general shall be elected under the same rules and regulations as other county officers are elected. All vacancies shall be filled by the Governor of the State of Georgia, he shall appoint a solicitor-general of said Court to hold office until the first day of January next succeeding the next general election for county officers in said county, after the said vacancy occurs, at which election a successor shall be elected to fill the unexpired terms, if any. Said solicitor-general shall be the prosecuting attorney of the said State Court of Thomas County; he must be at least twenty-five years old at the time of his election; must have been a resident of the County of Thomas for at least three years immediately preceding his election; he shall prosecute for all offenses cognizant before the Court, and shall represent the State in all cases carried to the Supreme Court or the Court of Appeals from said Court, but in his absence the judge may appoint a solicitor-general pro tem, who shall receive the same fees allowed to the solicitor-general in cases conducted by him. (b) The said solicitor-general shall receive a salary of six thousand three hundred dollars per annum which shall be paid monthly from the treasury of Thomas County. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1975 Session of the Georgia General Assembly an Act to

Page 3348

amend the Act approved August 18, 1905, which established the City Court of Thomasville, Thomas County, Georgia, as amended, now known as the State Court of Thomas County, so as to provide for an increase in the salaries of the Judge of said Court and the Solicitor of said Court and to provide for an effective date of this amendment; and for other purposes, including the repeal of all laws or parts of laws in conflict with said proposed amendment. This 24th day of December 1974. Board of Commissioners of Thomas County, Ga. By: Ruth M. Jones, Clerk Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Keyton who, on oath, deposes and says that he is Representative from the 143rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomasville Times-Enterprise which is the official organ of Thomas County, on the following dates: January 3, 10, 17, 1975. /s/ James W. Keyton Representative, 143rd District Sworn to and subscribed before me, this 4th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3349

CITY OF MACONCHARTER AMENDEDBOARD OF WATER COMMISSIONERS ABOLISHEDREFERENDUM. No. 254 (House Bill 464). An Act to amend an Act reenacting the charter of the City of Macon, approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, so as to abolish the Board of Water Commissioners of the City of Macon; 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 reenacting the charter of the City of Macon, approved August 3, 1927 (Ga. L. 1927, p. 1283), as amended, is hereby amended by adding the following new section, to be designated section 100.1, to read as follows: Section 100.1. The Board of Water Commissioners of the City of Macon is hereby abolished. Section 2. Not less than 60 nor more than 180 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 election superintendent of the City of Macon to issue the call for an election for the purpose of submitting this Act to the electors of the City of Macon for approval or rejection. The superintendent shall set the date of such election for that day upon which the next general election within said city shall be conducted. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bibb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act abolishing the Board of Water Commissioners of the City of Macon be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection

Page 3350

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 Macon. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Notice of Intention to Enact Local Legislation. Pursuant to the provisions of Article III, Section 7, Paragraph 15 of the Constitution of the State of Georgia (codified as section 2-1915 of the 1933 Code of Georgia Annotated) notice is hereby given that application will be made to the 1975 Session of the General Assembly of the State of Georgia to amend an Act re-enacting the Charter of the City of Macon, approved August 3, 1927, (Ga. L. 1927, p. 1283 et seq.) as amended, so as to abolish the Board of Water Commissioners of the City of Macon; to provide for a referendum thereof; to provide for an effective date thereof; and for other purposes. This January 8, 1975. Lawton Miller City Attorney City of Macon, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Frank Pinkston 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

Page 3351

in the Macon News which is the official organ of Bibb County, on the following dates: January 11, 18, 25, 1975. /s/ Frank Pinkston Representative, 100th District Sworn to and subscribed before me, this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. QUITMAN COUNTYBOARD OF COMMISSIONERSTERMS OF OFFICE CHANGED. No. 255 (House Bill No. 468). An Act to amend an Act creating the Board of Commissioners of Quitman County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2770), as amended by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess, p. 2607), and an Act approved February 1, 1965 (Ga. L. 1965, p. 2013), so as to change the terms of office of members of the Board of Commissioners of Quitman County; to provide for initial and regular terms of office; 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 the Board of Commissioners of Quitman County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2770), as amended by an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess. p. 2607), and an Act approved February 1, 1965 (Ga. L. 1965,

Page 3352

p. 2013), 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 a Board of Commissioners of Quitman County to be composed of five members. The members of said board shall be elected by the voters of the entire county. Effective with the terms of office of members of the board elected in the general election of 1976, the initial terms of office of the three members of the board receiving the highest number of votes in their individual posts shall be for a period of four years and until their respective successors are duly elected and qualified and the initial terms of office of the remaining two members of the board shall be for a period of two years and until their respective successors are duly elected and qualified. Following such initial terms of office, the terms of office of all members of the board shall be for a period of four years and until their respective successors are duly elected and qualified. For the purpose of electing members to the board, positions on the board shall be numbered as posts number 1 through 5. In all elections for the office of commissioner of Quitman County, candidates offering for election to the board shall designate by number those posts for which they offer. No person shall be eligible to run for membership on said board unless he shall have attained the age of twenty-one, has been a resident of the county for twelve months, and is qualified to vote for members of the General Assembly. The provisions of this section shall not affect the terms of office of members of the Board of Commissioners who are in office on July 1, 1975, but such members shall continue to serve until the expiration of the terms of office for which they were elected. 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 1975 session of the General Assembly of Georgia bill to amend an Act creating the Board of Commissioners of

Page 3353

Quitman County, approved February 27, 1953 [Ga. L. 1953, Jan.-Feb. Sess., p. 2770], as amended, so as to change the term of office of the members of the Board of Commissioners; and for other purposes. This 6th day of January, 1975. Don Castleberry, Representative, 111th 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 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times which is the official organ of Quitman County, on the following dates: January 16, 23, 30, 1975. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 5th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. UPSON COUNTYCOMMISSIONERS OF ROADS AND REVENUESTERMS CHANGED, ETC. No. 256 (House Bill No. 471). An Act to amend an Act entitled An Act to amend the Act approved August 6, 1920, changing the terms of office

Page 3354

of the Commissioners of Roads and Revenues of Upson County; to fix the terms of office of the commissioners elected under this Act; to provide when said commissioners shall be elected; to provide who shall be chairman of said commissioners; to fix the compensation of the chairman and the other commissioners; to repeal any part of said Act of 1920 that is in conflict with this Act, and for other purposes., approved July 18, 1929 (Ga. L. 1929, p. 745), as amended, so as to provide for the election of a Chairman of the Board of Commissioners of Upson County by the members of said board; 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 Act approved August 6, 1920, changing the terms of office of the Commissioners of Roads and Revenues of Upson County; to fix the terms of office of the commissioners elected under this Act; to provide when said commissioners shall be elected; to provide who shall be chairman of said commissioners; to fix the compensation of the chairman and the other commissioners; to repeal any part of said Act of 1920 that is in conflict with this Act, and for other purposes., approved July 18, 1929 (Ga. L. 1929, p. 745), 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. That from and after the effective date of this Act, as hereinafter provided, the Chairman of the Board of Commissioners of Upson County shall be elected at the first regular meeting in January of each year by a majority vote of the members of said board to serve for a term of one year. 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.

Page 3355

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 regular session of the General Assembly of Georgia a Bill to provide for the election of a Chairman of the Board of Commissioners of Roads and Revenues of Upson County by the members of said Board; to provide for an effective date thereof; to repeal conflicting laws; and for other purposes. This 18th day of December, 1974. Marvin Adams Representative in the General Assembly for the 79th House District of Georgia. Peter L. Banks Senator, 17th Senatorial District of Georgia 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 79th 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 19, 26, 1974 and January 2, 1975. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 31st day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3356

UPSON COUNTYBOARD OF EDUCATION AUTHORIZED TO APPOINT SCHOOL SUPERINTENDENTREFERENDUM. No. 257 (House Bill No. 472). An Act to provide that at the expiration of the term of office of the present Upson County School Superintendent, the Board of Education of Upson 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: Section 1. At the expiration of the term of office of the present Upson 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 Upson County shall appoint the Upson County School Superintendent. Thereafter, the Upson County School Superintendent shall serve at the pleasure of the Board of Education of Upson County. 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 Judge of the Probate Court of Upson 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 Judge of the Probate Court 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 Judge of the Probate Court 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 Upson County. The ballot shall have written or printed thereon the words:

Page 3357

() YES () NO Shall the Act providing that at the expiration of the present term of office of the Upson County School Superintendent, the Board of Education of Upson 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 Upson County. It shall be the duty of the Judge of the Probate Court 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 Judge of the Probate Court 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 1975 session of the General Assembly of Georgia, a bill to change the method of electing the county school Superintendent of Upson County; and for other purposes. Marvin Adams Representative, 79th District 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

Page 3358

the 79th 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 19, 26, 1974 and January 2, 1975. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 31st day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TOWN OF FORT OGLETHORPECHARTER AMENDEDPUBLIC USE AREA CREATED, ETC. No. 259 (House Bill No. 476). 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 create a public use area within the town of Fort Oglethorpe; to provide for the limits of such public use area; to prohibit certain construction, facilities, or obstructions in such area; to change the qualifications of the mayor and aldermen; 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 town of Fort Oglethorpe, approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, is hereby amended by adding, following section

Page 3359

56, a new section to be designated section 56A, to read as follows: Section 56A. Any other provision of law to the countrary notwithstanding, that area within the corporate limits of the town of Fort Oglethorpe which is encircled by Barnhardt Circle Drive, and known as the Polo Grounds, except those portions of such area which have been transferred or conveyed to the Catoosa County Board of Education and Catoosa County, is hereby designated as a public use area. Such southern most area bounded by Barnhardt Circle Drive on the east, west, and south and the Catoosa County Board of Education property on the north, shall be preserved in its condition on April 1, 1975, for the use of the general public, and no new construction, facilities, or obstructions shall be allowed in such area on or after April 1, 1975, provided, however, that those structures existing on said date, specifically including any ball parks, may be improved within their boundaries existing on April 1, 1975. Section 2. Said Act is further amended by adding at the end of section 6, the following: A vacancy shall exist in the office of mayor or alderman if any person elected to any such office shall fail to maintain his residence and domicile within the corporate limits of the town at any time during his term of office., so that when so amended, section 6 shall read as follows: Section 6. Qualification of Mayor and Aldermen. Be it further enacted that no person shall be eligible for election as Mayor or as Aldermen of said town unless said persons shall have resided in said town not less than six months immediately preceding his election and shall be a qualified voter for elections of said town. A vacancy shall exist in the office of mayor or aldermen if any person elected to any such office shall fail to maintain his residence and domicile within the corporate limits of the town at any time during his term of office.

Page 3360

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 at the regular 1975 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Fort Oglethorpe, Ga. approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, so as to provide: (1) To provide that the area known as the Polo Grounds, which is surrounded by Barnhardt Circle Drive, be preserved in its present condition for the use and benefit of the general public and that no future construction or obstruction of any sort be allowed in said Circle; that those structures now existing, including ball parks, may be improved within their present boundaries, excepting that nothing herein shall affect the right of the Catoosa County Board of Education relative to those areas previously conveyed to Catoosa County. (2) To provide that the Mayor and Aldermen shall be residents and domiciled within said Town, when electors qualify for office, and at the time of their election, and shall continue to reside and be domiciled in said City during their term in office in order to be eligible to hold said office. To repeal all conflicting laws and for other purposes. This 2nd Day of January 1975. 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

Page 3361

the Catoosa County News which is the official organ of Catoosa County, on the following dates: January 9, 16, 23, 1975. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 28th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intent to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Fort Oglethorpe, Georgia approved February 17, 1949 (Ga. L. 1949, p. 703), as amended, so as to provide: (1) To provide that the area known as the Polo Grounds, which is surrounded by Barnhardt Circle Drive, be preserved in its present condition for the use and benefit of the general public and that no future construction or obstruction of any sort be allowed in said Circle; that those structures now existing, including ball parks, may be improved within their present boundaries; except that nothing herein shall affect the right of the Catoosa County Board of Education relative to those areas previously conveyed to Catoosa County. (2) To provide that the Mayor and Aldermen shall be residents and domiciled within said Town, when electors quality for office, and at the time of their election, and

Page 3362

shall continue to reside and be domiciled in said City during their term in office in order to be eligible to hold said office. To repeal all conflicting laws and for other purposes. This 2nd day of January, 1975. 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 8, 15, 22, 1975. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 28th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. LAMAR COUNTYSALARY OF TAX COMMISSIONER CHANGED, ETC. No. 260 (House Bill No. 485). An Act to amend an Act abolishing the fee system of compensating the Tax Commissioner of Lamar County and

Page 3363

providing for an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 2639), so as to change the compensation of said tax commissioner; to change the provisions relating to personnel in the tax commissioner's office 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 Tax Commissioner of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 2639), 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 tax commissioner shall receive an annual salary of $11,070.00, with a two and one-half (2 1/2) percent increase in salary each year in office, to be figured at the end of each such period of service, such salary not to exceed a maximum of $12,000.00 per year. Said salary shall be paid in equal monthly installments from the funds of Lamar 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 Tax Commissioner of Lamar County is authorized to employ a deputy tax commissioner and such other personnel to assist him in discharging the official duties of his office as he shall deem proper. The compensation for such deputy tax commissioner and other personnel shall be paid weekly from county funds, as approved by the board of commissioners. There shall also be paid from county funds of Lamar County the monthly contribution to the State Retirement Fund for said tax commissioner and deputy tax commissioner. Personnel. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 3364

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 1975 session of the General Assembly of Georgia local Legislation to change the compensation of the Tax Commissioner and Probate Judge (formerly Ordinary) of Lamar County; to provide for the salary for the Deputy Tax Commissioner and the employees of the Tax Commissioner and Probate Judge (formerly Ordinary) of said county and to provide for their employment; to provide the procedure for payment of said salaries; to provide for the necessary operating expenses of said offices of Tax Commissioner and Probate Judge (formerly Ordinary); to repeal conflicting laws; and for other purposes. This 18 day of January, 1975. J. R. Smith Representative, 78th 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 he is Representative from the 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Gazette which is the official organ of Lamar County, on the following dates: January 23, 30 and February 6, 1975. /s/ J. R. Smith Representative, 78th District Sworn to and subscribed before me, this 6th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3365

LAMAR COUNTYPROBATE COURTSALARY OF JUDGE CHANGED, ETC. No. 261 (House Bill No. 486). An Act to amend an Act abolishing the fee system of compensating the Judge of the Probate Court (formerly Ordinary) of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 2636), so as to change the compensation of the said judge; to change the provisions relating to personnel in the judge of the probate court's office 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 Judge of the Probate Court (formerly Ordinary) of Lamar County and providing for an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 2636), 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 judge of the probate court shall receive an annual salary of $11,070.00, with a two and one-half (2 1/2) percent increase in salary each year in office, to be figured at the end of each such period of service, such salary not to exceed a maximum of $12,000.00 per year. Said salary shall be paid in equal monthly installments from the funds of Lamar County. Salary. 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 Judge of the Probate Court Lamar County shall also be clerk of said office but may also employ a deputy clerk and such other personnel to assist him in discharging the official duties of his office as he shall deem proper. The compensation of such deputy clerk and other

Page 3366

personnel shall be paid weekly from county funds, as approved by the board of commissioners. 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 Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 session of the General Assembly of Georgia local Legislation to change the compensation of the Tax Commissioner and Probate Judge (formerly Ordinary) of Lamar County; to provide for the salary for the Deputy Tax Commissioner and the employees of the Tax Commissioner and Probate Judge (formerly Ordinary) of said county and to provide for their employment; to provide the procedure for payment of said salaries; to provide for the necessary opperating expenses of said offices of Tax Commissioner and Probate Judge (formerly Ordinary); to repeal conflicting laws; and for other purposes. This 18 day of January, 1975. J. R. Smith Representative, 78th 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 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Gazette which is the official organ of Lamar

Page 3367

County, on the following dates: January 23, 30, February 6, 1975. /s/ J. R. Smith Representative, 78th District Sworn to and subscribed before me, this 6th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. LONG COUNTYBOARD OF COMMISSIONERSOPERATING BUDGET PROVIDED. No. 262 (House Bill No. 506). An Act to amend an Act establishing the Board of Commissioners of Long County, approved August 10, 1921 (Ga. L. 1921, p. 525), as amended, so as to provide for an operating budget for the county; to provide for 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 establishing the Board of Commissioners of Long County, approved August 10, 1921 (Ga. L. 1921, p. 525), as amended, is hereby amended by adding between section 16 and section 17 a new section, to be designated section 16A, to read as follows: Section 16A. Prior to the beginning of each fiscal year, the Board of Commissioners of Long County shall prepare an annual operating budget which will cover all expenses

Page 3368

and the cost of operating the offices and departments of the county. The board of commissioners shall have published in the official organ of the county, prior to formal adoption of the budget, a copy of the prepared budget. After such publication and at its next regular meeting, the board shall formally adopt a budget for the ensuing fiscal year. Upon adoption by the board, it shall be unlawful to transfer monies from the account of one department to the account of another department or to authorize the expenditure of funds for purposes other than those specifically included in the budget; provided, however, that upon an emergency occurring, the board may formally amend the budget after publishing such amendment in the official organ of the county. Budget. 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 Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to amend an Act establishing the Board of Commissioners of Long County, approved August 10, 1921 (Ga. L. 1921, p. 525), as amended, so as to provide for operating budgets for Long County; and for other purposes. This 3rd day of Jan., 1975. Donald H. Fraser Representative, 139th 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 121st District, and that the attached copy of Notice

Page 3369

of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: January 16, 23, 30, 1975. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. LONG COUNTYBOARD OF COMMISSIONERS SALARY OF CLERK CHANGED. No. 263 (House Bill No. 507). An Act to amend an Act establishing the Board of Commissioners of Long County, approved August 10, 1921 (Ga. L. 1921, p. 525), as amended, so as to change the provisions relative to the compensation of the clerk 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 establishing the Board of Commissioners of Long County, approved August 10, 1921 (Ga. L. 1921, p. 525), as amended, is hereby amended by striking section 15 in its entirety and substituting in lieu thereof a new section 15 to read as follows:

Page 3370

Section 15. The said board of commissioners shall elect a clerk whose duty it shall be to keep correct record of all of the actions and doings of the board, said record to be kept in the courthouse of said county, said record 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 perform all other duties as may be assigned to him by said board. He shall be compensated for his duties as such clerk in the amount of $5,200.00 per annum and shall be paid in equal monthly installments. The clerk shall not be a member of said board of commissioners. Said clerk, before entering upon his duties of clerk of said board, shall enter into and file with the chairman of said board a good and sufficient bond in the sum of $2,000.00 for the faithful performance of his duties as clerk, which bond shall be made payable to the members of said board and their successors in office, the sufficiency of which shall be determined by said board. Clerk. Section 2. This Act shall become effective April 1, 1975. 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 1975 session of the General Assembly of Georgia a bill to change the compensation of the Clerk or the Board of Commissioners of Long County; and for other purposes. This 3rd day of Jan., 1975. Donald H. Fraser Representative, 139th 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

Page 3371

from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: January 16, 23, 30, 1975. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 3rd day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CRAWFORD COUNTYSALARY OF TREASURER CHANGED. No. 264 (House Bill No. 515). An Act to amend an Act fixing the compensation of the Treasurer of Crawford County, approved July 29, 1919 (Ga. L. 1919, p. 636), as amended, 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: Section 1. An Act fixing the compensation of the Treasurer of Crawford County, approved July 29, 1919 (Ga. L. 1919, p. 636), 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 compensation of the Treasurer of Crawford County shall be $2,400.00 per annum, payable in equal monthly installments from funds of the county. Salary.

Page 3372

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 1975 Session of the General Assembly of Georgia a bill to be entitled An Act to Amend an Act Fixing the Compensation of the Treasurer of Crawford County, Approved July 29, 1919 (Ga. L. 1919, p. 638), as amended, so as to change the compensation of said Treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes. Crawford County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bryant Culpepper 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 Georgia Post which is the official organ of Crawford County, on the following dates: January 23, 30 and February 6, 1975. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3373

CRAWFORD COUNTYSALARIES OF DEPUTY SHERIFFS CHANGED. No. 265 (House Bill No. 516). An Act to amend an Act placing the Sheriff of Crawford County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2499), as amended, so as to change the compensation provisions relating to the deputy sheriffs; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the sheriff of Crawford County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2499), as amended, is hereby amended by striking section 4 in its entirety and by inserting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff shall have the authority to appoint those persons who shall be employed by him as deputy sheriffs, subject to the approval of the governing authority of Crawford County. The chief deputy sheriff shall receive an annual salary of not less than $7,000.00 per annum, the exact amount to be determined by the sheriff with the approval of the governing authority of Crawford County. All funds provided herein shall be paid in equal monthly installments from funds of Crawford County. In the event additional deputies are authorized by the governing authority of Crawford County, they shall receive such compensation as said governing authority shall provide. 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 3374

Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced in the regular 1975 Session of the General Assembly of Georgia a bill to be entitled an Act to Amend An Act Placing the Sheriff of Crawford County Upon an Annual Salary, approved March 24, 1965 (Ga. L. 1965, p. 2499), as amended so as to change the compensation provisions relating to the Deputy Sheriff and for other purposes. The Crawford County Board of Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bryant Culpepper 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 Georgia Post which is the official organ of Crawford County, on the following dates: January 23, 30 and February 6, 1975. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. PEACH COUNTYSUPERIOR COURT CLERKARBITRATION PROVISIONS RELATING TO BUDGET DISPUTES CHANGED. No. 266 (House Bill No. 517). An Act to amend an Act placing the Clerk of the Superior Court of Peach County upon an annual salary in lieu of

Page 3375

the fee system of compensation, approved March 21, 1968 (Ga. L. 1968, p. 2671), so as to change the provisions relating to arbitration concerning budget disputes; to provide 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 Peach County upon an annual salary in lieu of the fee system of compensation, approved March 21, 1968 (Ga. L. 1968, p. 2671), 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. In the event the governing authority of Peach County shall refuse or fail to approve the budget, or in case of a disagreement arising between said officer and the governing authority over the salaries, the clerk shall be authorized to appeal to the Grand Jury of Peach County. Said grand jury shall then fix the disputed salary or salaries and all other matters included in said appeal. The determination made by said grand jury shall be final. 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 1975 Session of the General Assembly of Georgia a bill to be entitled An Act to Amend Ga. L. 1968, p. 2671 so as to change the provisions relating to arbitration concerning budget disputes between the Clerk of the Superior Court of Peach County and the governing authority of Peach County, and for other purposes. Bryant Culpepper State Representative District 98

Page 3376

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bryant Culpepper 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 Leader Tribune which is the official organ of Peach County, on the following dates: January 23, 30 and February 6, 1975. /s/ Bryant Culpepper Representative, 98th District. Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. PEACH COUNTYPROBATE COURTBUDGET ARBITRATION DISPUTE PROVISIONS CHANGED. No. 267 (House Bill No. 518). An Act to amend an Act placing the Judge of the Probate Court (formerly known as the Ordinary) of Peach County upon an annual salary in lieu of the fee system of compensation, approved March 21, 1968, p. 2469), so as to change the provisions relating to arbitration concerning budget disputes; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3377

Section 1. An Act placing the Judge of the Probate Court (formerly known as the Ordinary) of Peach County upon an annual salary in lieu of the fee system of compensation, approved March 21, 1968 (Ga. L. 1968, p. 2469), is hereby amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4 to read as follows: Section 4. In the event the governing authority of Peach County shall refuse or fail to approve the budget, or in case of a disagreement arising between said officer and the governing authority over the salaries, the judge of the probate court shall be authorized to appeal to the Grand Jury of Peach County. Said grand jury shall then fix the disputed salary or salaries and all other matters included in said appeal. The determination made by said grand jury shall be final. 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 1975 Session of the General Assembly of Georgia a bill to be entitled An Act to Amend Ga. L. 1968, p. 2469, so as to change the provisions relating to arbitration concerning budget disputes between the Judge of the Probate Court (formerly known as the Ordinary) of Peach County and the governing authority of Peach County, and for other purposes. Bryant Culpepper State Representative District 98. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bryant Culpepper

Page 3378

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 Leader Tribune which is the official organ of Peach County, on the following dates: January 23, 30 and February 6, 1975. /s/ Bryant Culpepper Representative, 98th District. Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. PEACH COUNTYTAX COMMISSIONERBUDGET ARBITRATION DISPUTE PROVISIONS CHANGED. No. 268 (House Bill No. 519). An Act to amend an Act placing the Tax Commissioner of Peach County upon an annual salary in lieu of the fee system of compensation, approved March 21, 1968 (Ga. L. 1968, p. 2667), so as to change the provisions relating to arbitration concerning budget disputes; to provide 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 Peach County upon an annual salary in lieu of the fee system of compensation, approved March 21, 1968 (Ga. L. 1968, p. 2667), is hereby amended by striking section 4 in its entirety

Page 3379

and inserting in lieu thereof a new section 4 to read as follows: Section 4. In the event the governing authority of Peach County shall refuse or fail to approve the budget, or in case of a disagreement arising between said officer and the governing authority over the salaries, the tax commissioner shall be authorized to appeal to the Grand Jury of Peach County. Said grand jury shall then fix the disputed salary or salaries and all other matters included in said appeal. The determination made by said grand jury shall be final. 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 1975 Session of the General Assembly of Georgia a bill to be entitled An Act to Amend Ga. L. 1968, p. 2667, so as to change the provisions relating to arbitration concerning budget disputes between The Tax Commissioner of Peach County and the governing authority of Peach County, and for other purposes. Bryant Culpepper State Representative District 98. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bryant Culpepper 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 Leader Tribune which is the official organ of Peach

Page 3380

County, on the following dates: January 23, 30 and February 6, 1975. /s/ Bryant Culpepper Representative, 98th District. Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CRAWFORD COUNTYSALARY OF BOARD OF COMMISSION MEMBERS CHANGED. No. 269 (House Bill No. 520). An Act to amend an Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, so as to change the compensation of the members 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 the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, is hereby amended by striking section 7-A in its entirety and inserting in lieu thereof a new section 7-A to read as follows:

Page 3381

Section 7-A. Each member of the Board of Commissioners of Crawford County shall receive an annual salary of $1800.00, payable in equal monthly installments from funds of the county. Each member shall also receive a travel allowance in the amount of $1200.00 per annum to be paid from county funds. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia a bill to be entitled An Act to Amend an Act Creating the Board of Commissioners of Crawford County, Approved March 2, 1874 (Ga. L. 1974, p. 339), as amended, so as to change the compensation of the members of said Board of Commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Crawford County Board of Commissioners. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bryant Culpepper 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 Georgia Post which is the official organ of Crawford County, on the following dates: January 23, 30, and February 6, 1975. /s/ Bryant Culpepper Representative, 98th District.

Page 3382

Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. SCREVEN COUNTYSALARY OF CORONER CHANGED. No. 270 (House Bill No. 535). An Act to amend an Act to abolish the present mode of compensating the coroner of Screven County, known as the fee system, approved April 7, 1972 (Ga. L. 1972, p. 3995), so as to change the salary of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to abolish the present mode of compensating the coroner of Screven County, known as the fee system, approved April 7, 1972 (Ga. L. 1972, p. 3995), 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 coroner shall receive a salary not exceeding $2,400.00 per annum. Said salary shall be set, not exceeding this limit above provided, by the Commissioners of Roads and Revenues of Screven County, and shall be payable in equal monthly installments out of the funds of the County. 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 3383

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, 1975, session of the General Assembly of Georgia, a bill to increase the compensation of the Coroner of Screven County, Georgia, and for other purposes. This the 17th day of December 1974. W. Jones Lane Paul E. Nesmith, Sr. Representatives, Districts 81 and 82 respectively. 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 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Screven County News which is the official organ of Screven County, on the following dates: January 2, 9, 16, 1975. /s/ W. Jones Lane Representative, 81st District. Sworn to and subscribed before me, this 28th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3384

TURNER COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 271 (House Bill No. 537). An Act to amend an Act placing the Sheriff of Turner County on an annual salary in lieu of the fee system, approved February 17, 1965 (Ga. L. 1965, p. 2029), as amended by an Act approved April 25, 1969 (Ga. L. 1969, p. 3468), and an Act approved March 11, 1971 (Ga. L. 1971, p. 2021), so as to change the provisions relating to the salary of the sheriff; to repeal the provisions relating to certain specific costs and expenses of the sheriff's office; to repeal the provision for the minimum compensation of the deputy; to change the provisions relating to personnel for the sheriff's office; to change the provisions relating to automobiles, supplies and equipment for the sheriff's office; to provide for a budget; to repeal the arbitration provisions in said Act; to require the sheriff, a deputy, or jailer to live in the living quarters of the jail; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Turner County on an annual salary in lieu of the fee system, approved February 17, 1965 (Ga. L. 1965, p. 2029), as amended by an Act approved April 25, 1969 (Ga. L. 1969, p. 3468), and an Act approved March 11, 1971 (Ga. L. 1971, p. 2021), is hereby amended by striking section 2 in its entirety and substituting in lieu thereof the following: Section 2. The governing authority of Turner County shall set the annual salary of the sheriff at an amount not less than $10,000 nor more than $15,000. If the governing authority does not set a salary for the sheriff, then the salary shall be $10,000. The governing authority of Turner County may change the salary of the sheriff within the amounts specified in this Section at any regular meeting of the governing authority. Salary.

Page 3385

Section 2. Said Act is further amended by striking section 4 in its entirety which reads as follows: Section 4. The sheriff of Turner County shall also receive the sum of one dollar and seventy five cents ($1.75) per day or any fraction thereof for board for prisoners, in accordance with the provisions of Georgia Code section 24-2823. Boarding prisoners. Section 3. Said Act is further amended by striking section 5 in its entirety and substituting in lieu thereof the following: Section 5. The Sheriff of Turner County shall have the sole power and authority to appoint one deputy, who shall be compensated from the funds of Turner County. The sheriff shall also have the authority to appoint any additional personnel with the approval of the governing authority of said county. However, 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. Section 4. Said Act is further amended by striking section 5A in its entirety which reads as follows: Section 5A. The sheriff of Turner County, Georgia, shall have the sole power and authority to appoint any qualified person of his choosing to act as secretary for the sheriff's office at compensation to be determined by the sheriff and governing body of said county or by arbitration as provided herein. Repeal. Section 5. Said Act is further amended by striking section 6 in its entirety and substituting in lieu thereof the following: Section 6. All supplies, automobiles which shall be limited to a minimum of two, materials, furnishings, food for

Page 3386

prisoners, furniture, utilities, uniforms, radios, radio equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purposes. The determination of such requirement shall be at the sole discretion of the governing authority of Turner County. The sheriff shall keep an inventory of all such equipment and shall keep a daily travel log of all county vehicles used by his department. The Sheriff of Turner County shall present a proposed budget for such purposes at the first regular meeting of the governing authority in July of each calendar year. Equipment. Section 6. Said Act is further amended by striking section 6A in its entirety which reads as follows: Section 6A. The sheriff shall be reimbursed by Turner County for all expenses incurred by the sheriff while on official business outside of the State of Georgia. The sheriff shall present such itemization and documentation of the expenses incurred as shall be required by the commissioners of Turner County. Expenses. Section 7. Said Act is further amended by striking section 7 and Section 8 in their entirety which read as follows: Section 7. The sheriff of Turner County shall be allowed the sum of three thousand dollars ($3,000.00) each, per year, for the purchase of two automobiles to be used in the discharge of his duties, which sum shall be paid from any funds of Turner County available for such purposes. However, the sheriff shall pay for all gasoline, upkeep, taxes and other expenses in connection with the operation of said automobiles. Repeal. Section 8. The sheriff of Turner County shall, at his own expense, furnish all firearms and ammunition used in connection with the operation of his office, except as might be otherwise agreed upon by the governing authority of said county.

Page 3387

Section 8. Said Act is further amended by striking section 9A in its entirety which reads as follows: Section 9A. If at any time, the sheriff and the governing body of said county shall fail to reach an agreement as to any matter concerning the payment of any salaries or expenses of operating and maintaining the sheriff's office, then the matter shall be submitted to arbitration within five days after the request of the sheriff has been submitted to the governing body of said county and they have acted adversely to the sheriff's recommendations or have failed to take any action thereon. Each party shall select one arbitrator who, within 10 days after selection, shall appoint a third arbitrator. The arbitrators shall be freeholders of said county and shall render their decision within 10 days from the naming of the third arbitrator. The arbitrators shall file their decision in writing with the sheriff and governing body, and their decision shall be binding on all parties. Should the two arbitrators as named herein fail to name a third arbitrator within said 10 day period, this fact shall be made known by either party to the presiding Judge of the Superior Court of Turner County, who shall then name the third arbitrator within 5 days after the request has been filed with him. Repeal. Section 9. Said Act is further amended by adding after section 10 a new section to be designated Section 10A to read as follows: Section 10A. The sheriff, a deputy, or jailer shall live in the living quarters of the jail at all times. Section 10. This Act shall become effective on July 1, 1975. Effective date. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of the intention to introduce a Bill in the 1975 Session of the General Assembly of Georgia to

Page 3388

fix the salary of the sheriff of Turner County, Georgia, and for other purposes, in accordance with the provisions of an Act of the General Assembly of Georgia. This the 3rd day of January, 1975. Ted Hudson of 137 Earleen Sizemore of 136 Martin Young. Georgia, Turner County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted Hudson, who, on oath, deposes and says that he is Representative from the 137 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, Georgia, on the following dates: January 9, 16, and 23rd, 1975. /s/ Ted Hudson Representative, 137th District. Sworn to and subscribed before me, this 7th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. BERRIEN COUNTY SCHOOL SUPERINTENDENTAPPOINTMENT PROVIDEDREFERENDUM. No. 272 (House Bill No. 545). An Act to provide for the appointment of the Berrien County School Superintendent; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3389

Section 1. At the expiration of the term of office of the present Berrien County School Superintendent, or in the event of a vacancy in such office on the effective date of this Act 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 Berrien County shall appoint the Berrien County School Superintendent. Thereafter, the Berrien County School Superintendent shall serve at the pleasure of the Board of Education of Berrien County. 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 election superintendent of Berrien County to issue the call for an election for the purpose of submitting this Act to the voters of said County for approval or rejection. The election superintendent 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 election superintendent shall cause the date and purposes of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Berrien County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for appointment of the Berrien 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 Berrien County. It shall be the duty of the 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 election superintendent to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State.

Page 3390

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, by the members of the House of Representatives from House District Number 146, local legislation in the 1975 session of the General Assembly of Georgia for the purpose of changing the method of selecting the county school superintendent in Berrien County, Georgia, whereby the said county school susperintendent shall be appointed by the Berrien County Board of Education and not elected; and to call for a referendum to approve or reject such change; and for other purposes. This 2nd day of January, 1975. Berrien County Board of Education By Howard Ray, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grover Patten who, on oath, deposes and says that he is Representative from the 146th 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 9, 16, and 23, 1975. /s/ Grover Patten Representative 146th District. Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3391

CITY OF ATTAPULGUSNEW CHARTER. No. 273 (House Bill No. 552). An Act to provide a new Charter for the City of Attapulgus, Georgia, in the County of Decatur; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for general provisions; to provide for other maters relative thereto; to provide for specific repeal; 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: ARTICLE I INCORPORATION, POWERS. Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of Attapulgus, repealing and replacing the charter provided by an Act of the General Assembly approved February 16, 1943 (Ga. L. 1943, p. 1190), as amended. The City of Attapulgus, Georgia, in the County of Decatur and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Attapulgus, 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. Corporate Boundaries. The boundaries of the City of Attapulgus shall be described and set forth in Appendix A attached hereto. Section 1.12. Specific Powers. The corporate powers of the government of the City of Attapulgus, to be exercised by the governing authority, may include the following:

Page 3392

(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; 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 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 to raise revenue for 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; (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,

Page 3393

gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, fees, assessments, regulations, penalties and withdrawal of service for refusal to pay same; and to fix 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 years; and to prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations of the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or 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, public buildings, recreational facilities, cemeteries, markets and market houses, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the 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 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

Page 3394

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 housing, building, plumbing, electrical, gas and heating and air-conditioning codes; 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 riots and public disturbances; (16) to regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, the use and sale of firearms, 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, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise; (18) to license, tax, regulate or prohibit professional fortune telling or palmistry; (19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads 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

Page 3395

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; 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 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 in the city and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (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; to levy on the users of sewers and the sewerage system a sewer service charge, 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 change the same from time to time, such fees

Page 3396

to be levied on the users connecting with the sewerage system; (28) to define, regulate and prohibit any act, conduct, practice 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 municipal court may work out such sentence in any public works or on the streets, roads, drains and squares in the city or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the City of Attapulgus which, while not constituting offenses against the laws of this State, are deemed by the governing authority

Page 3397

of the city 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 fowls; to provide for the impoundment of same if in violation of any ordinance; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (35) to regulate the operation of motor vehicles; and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (36) to regulate and license vehicles operated for hire in the city; 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 to provide for the collection of special assessments to cover the costs of 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 upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same;

Page 3398

(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; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers . In addition to all other powers herein granted, the City of Attapulgus 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

Page 3399

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, 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. ARTICLE II GOVERNING BODY Section 2.10. Creation . The legislative authority of the government of the City of Attapulgus, 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 Qualifications of Office . The members of the council shall serve for two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he: (1) has been a resident of the city for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) continues to reside within the city during his period of service; (3) is registered and

Page 3400

qualified to vote in municipal elections of the City of Attapulgus; and (4) meets 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) The 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) The mayor or any councilman shall foreit 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) 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 shall receive as compensation for his services the amount of $200.00 a year. The councilmen shall receive as compensation for their services the amount of $100.00 a year. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions . (a) Except as authorized by law, no member of the council shall hold any other elective city office or elective city employment during the term for which he was elected. (b) Neither the mayor nor any councilman 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

Page 3401

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 this charter, the council shall be vested with all the powers of government of the City of Attapulgus 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 Attapulgus and may enforce such ordinances by imposing penalties for violation thereof. Section 2.20. Chief Executive Officer . The mayor shall be the chief executive officer of the City of Attapulgus. 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 2.21. Duties of Mayor . As the chief executive officer of the City of Attapulgus, the mayor shall: (a) preside at all meetings of the city council; (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;

Page 3402

(d) sign all written contracts entered into by the council on behalf of the city and sign all other contracts and instruments executed by the city which by law are required to be in writing; (e) see that all laws and ordinances of the city are faithfully executed; (f) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (g) prepare and submit to the council a recommended annual operating budget and recommended capital budget; (h) 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; (i) 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; (j) call special meetings of the council as provided for in Section 2.31 (b) of this charter; (k) examine and audit all accounts of the city before payment; (l) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (m) vote only in case of a tie vote among the councilmen; (n) perform other duties as may be required by law, this charter or ordinance. Section 2.22. 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

Page 3403

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 2.30. Organization Meeting . The council shall meet for organization on the first Monday in May. By majority vote of all the members thereof, the council shall elect one of its members to be mayor pro tem. The mayor pro tem. shall serve for a term of one year 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. Notice of such special meeting shall be served on all other members personally, or by telephone personally, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall also constitute waiver of notice. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent, any business which may be transacted in a regular meeting may be conducted at the special meeting. (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 the keeping of a journal of its proceedings which journal shall be a public record.

Page 3404

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. Any member of the council shall have the right to request a roll call vote. The affirmative vote of three councilmen shall be required for the adoption of any ordinance. A resolution or motion shall be adopted upon the affirmative vote of three councilmen or two councilmen and the mayor. 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. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: The Council of the City of Attapulgus 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. Section 2.35. Codes of Technical Regulations . 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 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 2.36. Section 2.36. Signing, Authenticating. Recording; Codification; Printing . (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for that 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

Page 3405

the force and effect of law. The general codification shall 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 Attapulgus, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and shall be 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. Following publication of the first Code of the City of Attapulgus 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 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 it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment and may transfer or change the functions or duties of offices, positions of employment, departments and agencies of the city.

Page 3406

(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance. Each department shall consist of such 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 councilmen. (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 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. Section 3.11. Boards, Commissions and Authorities . (a) All members of boards, commissions and authorities 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, terms of office or manner of appointment is prescribed by this charter or by applicable state law. (b) 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. (c) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath

Page 3407

to be prescribed by ordinance and administered by the mayor. (d) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the council. (e) Members of boards, commissions and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards, commissions and authorities shall be as prescribed by the council. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission or authority of city government shall elect one of its members as 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 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 city clerk. 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 and, in so doing, the council may specifically delegate to 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 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 municipal court; shall attend the meetings of the council

Page 3408

as directed; shall advise the councilmen, 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 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.41. City Tax Collector. The council may appoint a city 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. The city 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. Section 3.50. Position Classification and Pay Plan. The council may prepare a position classification and pay plan which shall be submitted to the council for approval. Said plans may apply to all the employees of the City of Attapulgus and to 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 3.51. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary

Page 3409

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 Attapulgus. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation of Municipal Court. There is hereby established a court to be known as the Municipal Court of the City of Attapulgus 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; to punish any person who may counsel, advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases 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 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 of the judge when so acting. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall be appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council.

Page 3410

(b) The judge pro tem. shall serve in the absence of the judge, shall be appointed by the council, and shall take the same oath as the judge. (c) Before entering on the 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 Attapulgus 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 $100.00 or 30 days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $250.00 or imprisonment for 30 days, or both. As an alternative to fine or imprisonment, the court may 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 30 days. (b) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of state law. (c) The municipal court shall have the 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, personal property 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

Page 3411

presiding at such time and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, forfeited to the City of Attapulgus 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, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Attapulgus granted by state laws generally to municipal, 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 Decatur 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 probate court; provided, however, 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.

Page 3412

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 procedures of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, and shall be available for public inspection. 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 Section 5.10. Regular Elections; Oath of Office. (a) On the last Saturday in April of 1976, and on said date biennially thereafter, there shall be an election for the office of mayor and for the two council posts now held by Bill Fleming and Larry Kennedy. On the last Saturday in April, 1977, and on said date biennially thereafter, there shall be an election for the two council posts now being held by Fred L. Sims, Jr. and J. M. Bishop. The terms of office of the members of the council shall begin at the day and hour of the taking of the oath of office. (b) The oath of office shall be administered on the Monday following the elections at a time and place to be prescribed by the mayor. The oath shall be as follows: I do solemnly swear that I will well and truly perform the duties of mayor (or councilman as the case may be) of the City of Attapulgus 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 5.11. Qualifying, Nomination of Candidates, Absentee Ballots. The council may, by ordinance, prescribe

Page 3413

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 elections in the City of Attapulgus. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Attapulgus as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, as now or hereafter amended. Section 5.21. Vacancies in Council. In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, said vacancy in office shall be filled by appointment by the remaining membes of the council; provided, however, that only a councilman may be appointed as mayor. Section 5.30. Grounds for Removal of Elected Officials. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (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) wilful 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:

Page 3414

(a) By action of three-fourths vote of the entire membership of the council; provided, however, that if the officer sought to be removed is a member of the council, then he shall not vote. In the event an elected officer is sought to be removed by action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Decatur County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed with the Superior Court of Decatur County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.10. 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 Attapulgus. 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 real and personal property within the corporate limits of the city for the purpose of raising revenue to defray the costs of operating the city government, providing governmental services and for any other public purpose as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Attapulgus is hereby exempted from the provisions of Georgia Code sections 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

Page 3415

fall due, in what length of time said taxes may be paid, that they may be paid in installments or in one lump sum, and when, how and upon what terms such taxes shall be due and payable. The council may also 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 chief of police and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which 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 shall have full power to levy by ordinance such license and specific or occupation taxes upon the residents of Attapulgus, both individual and corporate, and on all those 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 manner; 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

Page 3416

the City of Attapulgus to provide for the cost and expense of furnishing the collection and disposal of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property served by the sewerage facilities of said city. Said lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.16. Sanitary and Health Services Charge. The council shall have the authority by ordinance to provide for, enforce, levy and 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 the City of Attapulgus and 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. Said lien 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 appurtenance, against the abutting property owners under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 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 superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes. Said

Page 3417

lien shall be enforceable in the same manner and under the same remedies as a lien 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 regarding sales and transfers of tax fi. fas.; provided, however, 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 accordance 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 6.20. General Obligation Bonds. The council shall have the power to issue bonds to raise revenue for any project, program or venture authorized under this charter or the general laws of this 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. Laws 1937, p. 761), as now or hereafter 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. 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

Page 3418

of each and every office, department, institution, agency and activity of the city government unless otherwise provided by state or federal law. Section 6.31. Preparation of Budgets. The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program and a capital budget including requirements as to scope, content and form of such budgets and programs. Section 6.32. 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. Section 6.40. Contracting Procedures. All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced in writing and approved by the council. Section 6.41. Centralized Purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Attapulgus. (b) The council may sell and convey any real or personal property owned or held by the City of Attapulgus for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) Whenever in opening, extending or widening any street, avenue, alley or public place of the city a small

Page 3419

parcel or tract of land is cut off or deparated 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 damage 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 GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees, both elected and appointed, of the City of Attapulgus shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Attapulgus 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 Attapulgus not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Penalties. The violations of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and punishable by a fine of not more than $250.00 or by imprisonment not to exceed 30 days or both such fine and imprisonment. Section 7.13. Specific Repealer. An Act incorporating the City of Attapulgus in the County of Decatur, approved

Page 3420

February 16, 1943 (Ga. L. 1943, p. 1190), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.14. Severability. If any Article, section, sub-section, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 7.15. Effective Date. This charter shall become effective on May 1, 1975. Section 7.16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. APPENDIX A CORPORATE BOUNDARIES The corporate limits of the City of Attapulgus shall be that certain area within the limit of a circle having as its center the center of the Justice Court Ground, No. 694, G. M. in Decatur County, Georgia, and having a radius in every direction therefrom of one-half mile. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1975 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Attapulgus. To provide for all matter relative thereto and for other purposes.

Page 3421

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter Cox who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bainbridge Post-Searchling which is the official organ of Decatur County, on the following dates: December 25, 1974 and January 1, 8, 1975. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF CLIMAXNEW CHARTER. No. 274 (House Bill No. 553). An Act to provide a new Charter for the City of Climax, Georgia, in the County of Decatur; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for general provisions; to provide for other matters relative thereto; to provide for specific repeal; to

Page 3422

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: ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of Climax, repealing and replacing the charter provided by an Act of the General Assembly approved August 21, 1906 (Ga. L. 1906, p. 640), as amended. The City of Climax, Georgia, in the County of Decatur and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Climax, 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. Corporate Boundaries. (a) The boundaries of the City of Climax 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 Climax, at all times, shall be shown on a map, a written description or any combination thereof, to be retained permanently in the city hall and to be designated as the case may be: Map (or Description) of the Corporate Limits of the City of Climax, 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 mayor shall be admitted in evidence in all courts and shall have the same force and effect as with the original map or description.

Page 3423

(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 1.12. Specific Powers. The corporate powers of the government of the City of Climax, 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; 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 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 to raise revenue for 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;

Page 3424

(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, fees, fares, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same; and to fix 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 five years; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations of the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or 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 of the city for the use of public utilities; (12) to provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, public buildings, recreational facilities, cemeteries, markets and market houses, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions,

Page 3425

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 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 housing, building, plumbing, electrical, gas and heating and air-conditioning codes; 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 riots and public disturbances; (16) to regulate or prohibit junk dealers, pawn shops, the manufacture, sale of transportation of intoxicating liquors, the use and sale of firearms, 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 by taxation or otherwise the conduct of peddlers, itinerant trades, theatrical performances, exhibition and shows of any kind whatever; (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 3426

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; to regulate the collection and disposal of garbage, rubbish and refuse by others; to provide for the separte 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 free 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 and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges and for enforcing payment of same;

Page 3427

(26) 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; (27) to define, regulate and prohibit any act, conduct, practice 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; (28) to define a nuisance and provide for its abatement whether on public or private property; (29) 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; (30) 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; (31) to provide that persons given jail sentences in the mayor's court may work out such sentence in any public works or on the streets, roads, drains and squares in the city or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (32) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the City of Climax; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting offenses against the laws of this State, are deemed by the governing authority to be detrimental and offensive to the peace and

Page 3428

good order of the City of Climax or to the welfare of the citizens thereof; (33) to regulate and license or prohibit the keeping or running at large of animals and fowls; to provide for the impoundment of same if in violation of any ordinance; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (34) 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; (35) 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; (36) to provide and maintain a system of pensions and retirement for officers and employees of the city; (37) to levy and provide for the collection of special assessments to cover the costs of any public improvements; (38) 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; (39) 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; (40) to make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for

Page 3429

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; (41) to provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (42) to exercise the power of arrest through duly appointed policemen; (43) 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; (44) to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the city 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

Page 3430

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, 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. ARTICLE II LEGISLATIVE BRANCH Section 2.10. Creation, Composition, Number, Election. The legislative authority of the government of the City of Climax, 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 Qualifications of Office. The mayor and the councilmen 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: (1) he has been a resident of the city for a period of one year immediately prior to the date of the

Page 3431

election of mayor or councilmen; (2) he continues to reside therein during his period of service; (3) he is registered and qualified to vote in municipal elections of the City of Climax; and (4) he meets 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) The 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) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) 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 shall receive as compensation for his services the amount of $15.00 per month. The councilmen shall receive as compensation for their services the amount of $10.00 per month. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the preformance of their duties of office. Section 2.14. Prohibitions. (a) Except as authorized by law, neither the mayor nor any councilman shall hold any other elective city office during the term for which he was elected. (b) Neither the mayor nor any councilman shall vote upon any question in which he is personally interested.

Page 3432

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 the City of Climax 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, nor 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 Climax and may enforce such ordinances by imposing penalties for violation thereof. Section 2.20. Chief Executive Officer. The mayor shall be the chief executive of the City of Climax. 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 2.21. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (b) be the official head of the city for service of process and for ceremonial purposes; (c) have power to administer oaths and to take affidavits;

Page 3433

(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; (e) see that all laws and ordinances of the city are faithfully executed; (f) exercise supervision over all executive and administrative activities; (g) 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; (h) call special meetings of the council as provided for in Section 2.31 (b) of this charter; (i) examine and audit all accounts of the city before payment; (j) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (k) perform other duties as may be required by law, this charter or ordinance. (l) vote at council meetings only in case of a tie vote among the councilmen. Section 2.22 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 2.30. Organization Meeting. The council shall meet for organization on election night. The meeting shall

Page 3434

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 that I will well and truly perform the duties of mayor (or councilman as the case may be) of the City of Climax 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 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. Notice of such special meeting shall be served on all other members personally, or by telephone personally, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall also constitute 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. 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 the keeping of a journal of its proceedings which journal shall be a public record. Section 2.33. Quorum, Voting. Two or more councilmen shall constitute a quorum and shall be authorized to transact

Page 3435

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 or more 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. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: The Council of the City of Climax 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. Section 2.35. 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 a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.36. (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 2.36. Signing, Authenticating, Recording; Codification; Printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption.

Page 3436

(b) The council shall provide for the preparation of a general codification of all of the ordinances of the city. The general codification shall be adopted 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 Climax, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and shall be 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 Climax 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 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 it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies hereafter created or established; may provide that the same person shall fill any number of offices and positions of employment and may

Page 3437

transfer or change the functions 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. 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 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 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. Section 3.11. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities 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, terms 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

Page 3438

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 city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance 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 two or more members of the council. (f) Members of boards, commissions or 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 or authorities shall be as prescribed by ordinance. (h) Except as otherwise provided by this charter or by applicable state laws, each board, commission or authority of city government shall elect one of its members as 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 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 city clerk. 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, and the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor.

Page 3439

Section 3.30. City Attorney. The council may 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 mayor's court; shall attend the meetings of the council as directed; shall advise the council 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 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.41. City Tax Collector. The council may appoint a city 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. The city 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. Section 3.50. Position Classification and Pay Plan. The council may prepare a position classification and pay plan. Said plans may apply to all the employees of the City of

Page 3440

Climax and to 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 3.51. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, 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 Climax. ARTICLE IV JUDICIAL BRANCH Section 4.10. Mayor's Court. There is hereby established a court to be known as the Mayor's Court of the City of Climax 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; to punish any person who may counsel, advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases 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 judge of said court. In the absence or disqualification of the judge, the judge pro tem. shall preside and shall

Page 3441

exercise the same powers and duties as the judge when so acting. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (b) The judge pro tem. shall serve in the absence of the judge, shall be appointed by the council and shall take the same oath as the judge. (c) Before entering on the 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 mayor's court shall try and punish for crimes against the City of Climax and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or 30 days in jail. The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $100.00 or imprisonment for 30 days, or both, and as an alternative to fine or imprisonment, the court may 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 30 days. (b) The mayor's court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals,

Page 3442

transportation and caretaking of prisoners bound over to superior courts for violations of state law. (c) The mayor's court shall have the 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, personal property 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 shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. If cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and such defendant fails to appear at the time and place fixed for trial, the cash 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 mayor'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 mayor's court shall have the authority to asproper to the conduct of said court. (f) The mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Climax 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

Page 3443

Superior Court of Decatur 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 probate court; provided, however, 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. 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 mayor's court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedures of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in mayor's court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections. The mayor and members of the council serving on the effective date of this Act shall serve for the remainder of their terms of office. On the first Monday in January, 1977, and every two years thereafter, there shall be an election for mayor and all four councilmen; provided, however, that in the years wherein the first Monday in January falls on a holiday, said elections shall be held on the first Tuesday in January. The terms of office of members of the council shall begin at the day and hour of the taking of the oath of office as provided in Article II, section 2.30 of this Charter. Section 5.11. Election Procedures. The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in

Page 3444

votes, challenge of votes and such other precedures as may be necessary for the conduct of the elections in the City of Climax. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Climax as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, as now or hereafter amended. Section 5.21. Vacancies on Council. If the office of mayor or councilman becomes vacant for any cause whatsoever, the council or those remaining shall fill such vacancy by appointment. The qualifications of the appointee shall conform to the requirements of this charter. Section 5.30. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (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) wilful 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:

Page 3445

(a) By action of two-thirds vote of the entire membership of the council. If 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 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 Decatur County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed with the Superior Court of Decatur County as provided by law. ARTICLE VI FINANCE AND FISCAL 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 the City of Climax. 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 real and personal property within the corporate limits of the city for the purpose of raising revenue to defray the costs of operating the city government, providing governmental services and for any other public purpose as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Climax is hereby exempted from the provisions of Georgia Code Sections 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, in what length of time said taxes may be paid,

Page 3446

whether they may be paid in installments or in one lump sum, and when, how and upon what terms such taxes shall be due and payable. The council may also 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 police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist again 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 shall have full power to levy by ordinance such license and specific or occupation taxes upon the residents of the City of Climax, 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 any lawful way; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; 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 Charge. The council by ordinance shall have the right, power and authority to assess and collect fees, charges and tolls for sewer services rendered

Page 3447

both within and without the corporate limits of the City of Climax to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property served, second in priority only to liens for county and city property taxes. Said lien 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, enforce, levy and 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 and 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. Said lien 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 owner or owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 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 superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes.

Page 3448

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, however, 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 accordance 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 herein after provided by law. Section 6.20. General Obligation Bonds. The council shall have the power to issue bonds to raise revenue for any project, program or venture authorized under this charter or the general laws of this 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 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. Section 6.30. Fiscal Year. The council may set the fiscal year by ordinance. Said fiscal year shall constitute the budget

Page 3449

year and the year for financial accounting of every office, department, institution, agency and activity of the city government unless otherwise provided by state or federal law. Section 6.31. Preparation of Budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program and a capital budget including requirements as to scope, content and form of any such budgets and programs. Section 6.32. Additional Appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any 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. Section 6.40. 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 may by ordinance prescribe procedures for a system of centralized purchasing for the City of Climax. (b) The council may sell and convey any real or personal property owned or held by the City of Climax for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.

Page 3450

(d) 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 GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees, both elected and appointed, of the City of Climax shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Climax 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 Climax not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Penalties. The violations of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and punishable by a fine of not more than $100.00 or by imprisonment not to exceed 30 days or both such fine and imprisonment.

Page 3451

Section 7.13. Specific Repealer. An Act incorporating the City of Climax in the County of Decatur, approved August 21, 1906 (Ga. L. 1906, p. 640), is hereby repealed in its entirety and all amendatory Act thereto are likewise repealed in their entirety. Section 7.14. Severability. If any Article, section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 7.15. Effective Date. This charter shall become effective on May 1, 1975. Section 7.16. 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 in the 1975 regular session of the General Assembly of Georgia a bill to provide a new charter for the city of Climax. To provide for all matters relative thereto and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter Cox who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following dates: December 25, 1974 and January 1, 8, 1975. /s/ Walter Cox Representative, 141st District

Page 3452

Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. DECATUR COUNTYSALARY OF TAX COMMISSIONER CHANGED. No. 275 (House Bill No. 554). An Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of Tax Commissioner of Decatur County, approved August 14, 1931 (Ga. L. 1931, p. 450), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 4092), so as to change the compensation of the Tax Commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of Tax Commissioner of Decatur County, approved August 14, 1931 (Ga. L. 1931, p. 450), as amended, particularly by an Act approved April 7, 1972 (Ga. L. 1972, p. 4092), is hereby amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7, to read as follows: Section 7. The compensation of the County Tax Commissioner of Decatur County shall be $11,000.00 per annum, payable monthly out of the general funds of the county; provided, that the governing authority of Decatur County may increase said compensation to not more than $13,500.00

Page 3453

per annum. The County Commissioners of Decatur County shall be required to furnish said Tax Commissioner a suitable office, equipment, and stationery. The County Commissioners shall also provide the Tax Commissioner with adequate clerical and stenographic help to enable him to perform the duties of his office. Salary. 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 undersigned will introduce in the 1975 regular session of the General Assembly of Georgia a bill to provide for a charge in the compensation to be paid to the Tax Commissioner of Decatur County, Georgia, and for other purposes. This 7th day of January, 1975. Walter E. Cox Representative, 141st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter Cox who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following dates: January 11, 18, 25, 1975. /s/ Walter E. Cox Representative, 141st District

Page 3454

Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. DECATUR COUNTYCIVIL AND CRIMINAL COURTSALARIES OF JUDGE AND SOLICITOR CHANGED. No. 276 (House Bill No. 555). An Act to amend an Act creating the Civil and Criminal Court of Decatur County (formerly the City Court of Bainbridge), approved November 27, 1900 (Ga. L. 1900, p. 104), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3109), so as to change the compensation of the judge and the solicitor of said court; 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 creating the Civil and Criminal Court of Decatur County (formerly the City Court of Bainbridge), approved November 27, 1900 (Ga. L. 1900, p. 104), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3109), is hereby amended by striking section 4A in its entirety and substituting in lieu thereof a new section 4A, to read as follows: Section 4A. The judge of the Civil and Criminal Court of Decatur County shall receive a salary of $7,200.00 per

Page 3455

annum, which salary shall be paid in equal monthly installments from the funds of Decatur County. Judge. Section 2. Said Act is further amended by striking section 8A in its entirety and substituting in lieu thereof a new section 8A, to read as follows: Section 8A. The salary of the solicitor of said court shall be $6,000.00 per annum, to be paid in equal monthly installments from the funds of Decatur County. Said salary shall be in full for all services rendered by the solicitor, and he shall receive no other compensation for said services. 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 1975 Session of the General Assembly of Georgia, a bill to amend the act creating the City Court of Bainbridge (now State Court of Decatur County) p. 104, of the Act of 1900 as amended; said amendment will be to amend the sections of said act providing for the salaries of the Judge and Solicitor of the City Court of Bainbridge (now State Court of Decatur County) and to increase the salaries of the Judge and Solicitor of the City Court of Bainbridge; and for other purposes. This 4th day of January, 1975. Walter Cox Representative Elect, 141st District

Page 3456

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter Cox who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following dates: January 11, 18, 25, 1975. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. COLUMBUSDRAINAGE PROJECTS AUTHORIZED, ETC. No. 277 (House Bill No. 556). An Act to authorize the Consolidated Government of Columbus, Georgia (hereinafter Columbus, Georgia) to purchase, construct, maintain, repair and establish certain drainage projects and improvements and to acquire by eminent domain, purchase, gift or other transaction, such easements and rights of way necessary or useful in such projects or improvements; to provide for a petition to be signed by the owners of all of the land to be included in such project or improvement; to provide that a project or improvement may be initiated by ordinance of the Council

Page 3457

of Columbus, Georgia without any petition; to authorize Columbus, Georgia to pay all costs of construction and maintenance of such improvements and projects and to assess the cost of all materials, equipment and supplies against the lands to be benefitted thereby; to provide that all or part of the cost of drainage improvements or projects may be prorated and assessed against the property to be benefitted thereby; to provide for notice in writing to the landowners whose property is to be assessed when a project or improvement is authorized without any petition; to provide that assessments shall be due at the time fixed by ordinance and to provide that the owners of the land included in any project or improvement shall have the option of paying their respective assessments in installment payments; to authorize Columbus, Georgia to issue and sell drainage bonds; to require Columbus, Georgia to provide for the assessment and collection of an annual tax sufficient to pay the principal and interest on such bonds within ten years from the date of the incurring of such debt; to provide that such bonds shall be valid and binding obligations of Columbus, Georgia, whether or not they are declared valid through judicial proceedings; to authorize the Council of Columbus, Georgia to have such bonds validated by order of court in the manner now or hereafter provided by the laws of Georgia; 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. The Consolidated Government of Columbus, Georgia (hereinafter referred to as Columbus, Georgia) is hereby authorized in the discretion of its Council to purchase, construct, maintain, repair and establish drainage projects and improvements providing for drainage to the lowland thereof, or any portion or area thereof, which such projects and improvements may include the purchase, construction, maintenance, alteration, repair and establishment of levees, watercourses, drains, canals, curbs, gutters, ditches, dams, pipes, pipelines, trunks, embankments, tide gates, pumping plants and other facilities and appurtenances incident to such types of projects and improvements, and

Page 3458

for such purposes may acquire by eminent domain, purchase, gift, or other transaction such easements and rights of the way as may be deemed necessary or useful in such projects or improvements. Such easements or rights of way may be acquired from the landowners by their consent given in consideration of the benefits conferred on them by the drainage project or improvement thus established. Section 2. The proceedings for such project or improvement may be begun by petition to the Council of Columbus, Georgia, signed by the owners of all of the land which is requested to be included in such project or improvement, or may be initiated by ordinance of the Council without any petition. For the purpose of said petition a holder of land under bond for title or similar instrument, a grantor in a security deed, and a fiduciary with a power of sale may qualify as the owner of the tract of land involved. Petition. Section 3. When the petition method is used, the petition shall set forth the general character of the improvement or project requested, a general description of the property of each signer of the petition, which shall include all of the land to be benefitted by said project or improvement, and the desired location of the improvement or project requested. Section 4. When a petition is used, it shall be filed with the clerk of the Council of Columbus, Georgia, and the Director of the Department of Engineering (hereinafter the Director) or his designates shall carefully review said petition and determine whether the same has been signed by all of the owners of all of the land to be included in and benefitted by said project or improvement and shall certify the same; the certificate of the Director shall be prima facie evidence of the facts that it represents. Section 5. When said petition has been certified by the Director as containing all of the appropriate signatures, the same shall be considered by the Council of Columbus, Georgia, and if in its judgment, such improvement or project should be undertaken, an ordinance shall be passed to provide for such project or improvement to be undertaken and

Page 3459

to provide for the assessment of all or part of the cost of such project or improvement against the property to be benefitted thereby. The Council of Columbus, Georgia may at any time in its discretion determine that a project or improvement shall be undertaken without any petition, and may provide for the assessment of all or part of the cost of such project or improvement against the property to be benefitted thereby. Such a project or improvement shall be initiated by ordinance duly adopted by said Council. Section 6. After the passage of an ordinance authorized in section 5, all property owners whose property is to be assessed for the cost of said improvement or project who do not within thirty days after such passage object in writing to the governing authority regarding such improvement or project and the assessment of all or part of the cost thereof, shall be conclusively presumed to have accepted the terms of said ordinance. Thereupon, said improvement or project may be commenced in substantial accordance with the general plans and specifications referred to in said ordinance. The foregoing provisions relating to assessments for the cost of drainage improvements and projects shall also be followed in cases of assessments when the amount assessed is used as a basis for the issuance of drainage bonds as hereinafter set forth in this Act. Whenever the Council of Columbus, Georgia authorizes an improvement or project without any petition being presented, each landowner (including those in section 2 of this Act) whose property will be assessed any portion of the cost thereof, shall be notified in writing of such proposed improvement or project prior to the passage of such ordinance. Section 7. In the ordinance authorizing the drainage improvement or project, the Council of Columbus, Georgia shall set forth the method of assessing all or part of the costs thereof and shall clearly indicate what portion of such costs that Columbus, Georgia will assume. Columbus, Georgia is hereby authorized to pay all costs of construction and maintenance of such improvement or project and to assess the costs of all materials, equipment and supplies to be used in such project against the lands to be benefitted thereby.

Page 3460

The ordinance providing for the project or improvement and making the assessments shall describe merely the general character of the project or improvement and materials to be used, making reference for more details to specifications or plans in the office of the Director of the Department of Engineering. Section 8. All or part of the costs of drainage improvements or projects undertaken by Columbus, Georgia under this Act may be prorated and assessed against the property to be benefitted thereby, according to the ratio which each tract of land bears to the total amount of property to be benefitted by said project or improvement, and also according to any unusual or special benefits accruing to any particular tract of land by reason of such improvement or project. The ordinance passed by the Council of Columbus, Georgia authorizing such project or improvement shall clearly set forth the respective proportionate share of the cost of such project or improvement which is to be borne by each individual tract of land included therein. Costs. Section 9. All assessments shall be due at the time fixed by ordinance and shall bear interest (before the issuance of execution) from the date due to the date of payment at the rate of seven (7) per cent per annum. If authorized by the ordinance of the Council of Columbus, Georgia, the owners of the land included in any project or improvement shall have the option of paying their respective assessments in ten (10) equal installments as follows: One-tenth cash upon the date set by ordinance and nine (9) equal installments payable on the same day of each year thereafter. Such deferred payments shall bear interest (before the issuance of execution) from the date set by ordinance at the rate of seven (7) per cent per annum, said interest to be compounded annually on the balance of the entire amount of installments outstanding. Upon default in the payment of any installment or the interest thereon and said default continuing for thirty days, the Council of Columbus, Georgia may declare all or part of said installments then due and payable and execution shall be issued and levied for the total amount declared to be due with interest computed thereon as allowed by law.

Page 3461

In order to have the right to pay an assessment in installments, the person so elected shall execute a writing, on a form to be furnished by Columbus, Georgia, obligating himself or itself to pay said installments plus interest as set forth above. An installment may be paid before maturity with accrued interest to date by the person against whose property the assessment was made, his heirs, representatives or assigns. Section 10. Columbus, Georgia is hereby authorized in the discretion of its Council to issue and sell drainage bonds upon a majority vote of the Council members, which bonds are to be issued and sold in the following manner and with the following limitations: Bonds. (a) An ordinance shall be adopted in accordance with the provisions of this Act providing for the drainage improvement or project and assessing all or part of the cost thereof against the property to be benefitted thereby. (b) When the Council has passed an ordinance approving and authorizing the project or improvement and fixing the amounts of the several assessments against the separate parcels of land involved, said Council may in its discretion provide by ordinance for the issuance and sale of drainage bonds, which bonds shall be direct obligations of Columbus, Georgia, and the full faith, credit and taxing power of Columbus, Georgia shall be pledged to the payment of the principal and interest thereon. Said ordinance shall specify what amount of bonds are to be assessed, what interest they are to bear, how much principal and interest is to be paid annually and when said bonds are to be fully paid off. Section 11. The Council of Columbus, Georgia, before or at the time of issuing such bonds, shall provide for the assessment and collection of an annual tax sufficient in amount to pay in full the principal and interest thereon within ten years from the date of issuance. When such bonds are authorized, issued and sold in substantial compliance with the provisions of this Act, they shall be valid and

Page 3462

binding obligations of Columbus, Georgia, whether or not they are declared valid through judicial proceedings, but the Council of Columbus may in its discretion direct that said bonds be validated by order of court in the manner now or hereafter provided by the laws of Georgia. Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 13. All laws and parts of law in conflict herewith are hereby repealed. Section 14. 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 General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Bill. 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, 1975, for the passage of a Bill to authorize the Consolidated Government of Columbus, Georgia (hereinafter Columbus, Georgia) to purchase, construct, maintain, repair and establish certain drainage projects and improvements and to acquire by eminent domain, purchase, gift or other transaction, such easements and rights of way necessary or useful in such projects or improvements; to provide for a petition to be signed by the owners of all of the land to be included in such project or improvement; to provide that a project or improvement may be initiated by ordinance of the Council of Columbus, Georgia without any petition; to authorize Columbus, Georgia to pay all costs of construction and maintenance of such improvements and projects and to assess the cost of all materials, equipment

Page 3463

and supplies against the lands to be benefitted thereby; to provide that all or part of the cost of drainage improvements or projects may be prorated and assessed against the property to be benefitted thereby; to provide for notice in writing to the landowners whose property is to be assessed when a project or improvement is authorized without any petition; to provide that assessments shall be due at the time fixed by ordinance and to provide that the owners of the land included in any project or improvement shall have the option of paying their respective assessments in installment payments; to authorize Columbus, Georgia to issue and sell drainage bonds; to require Columbus, Georgia to to provide for the assessment and collection of an annual tax sufficient to pay the principal and interest on such bonds within ten years from the date of the incurring of such debt; to provide that such bonds shall be valid and binding obligations of Columbus, Georgia, whether or not they are declared valid through judicial proceedings; to authorize the Council of Columbus, Georgia to have such bonds validated by order of court in the manner now or hereafter provided by the laws of Georgia; to provide for an effective date; to repeal conflicting laws; and for other purposes. This the 8th day of January, 1975. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III 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 Columbus Ledger which is the official organ of Muscogee County, on the following dates: January 11, 18, and 25, 1975. /s/ Thomas B. Buck, III Representative, 95th District

Page 3464

Sworn to and subscribed before me, this 27th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. SMALL CLAIMS COURT OF LAMAR COUNTY CREATED. No. 278 (House Bill No. 558). An Act to creat and establish a small claims court for Lamar County, Georgia, to be known as the Small Claims Court of Lamar 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 Lamar County; to provide for clerks of and for said court and for their duties and compensation; to provide for one or more bailiffs of and for said court and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the service of process of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide for the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the validity of the acts of said court and the proceedings therein; to provide for all procedures, requirements and other matters connected with the foregoing; to

Page 3465

provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a small claims court for Lamar County, Georgia, to be known as the Small Claims Court of Lamar County, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $2,500.00. Said jurisdiction shall be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county; and for 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 his appointment, be at least 25 years of age and be of good moral character. Judge. (b) All other officers appointed to or employed by said court, as now or hereafter provided, must be at least 21 years of age and must be residents of Lamar County. Section 3. Whenever the judge of said small court shall be unable from absence, sickness or other cause to discharge any duty whatever appertaining to his office, a resident of Lamar County shall be selected and appointed by the judge of the small claims court to so act in his place and stead with all the powers, duties, obligations and responsibility of the judge of the small claims court. 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 or as deputy clerk; and said clerk or deputy clerk shall be compensated, if at all, from the fees herein authorized. Clerk.

Page 3466

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 cerify the statement of claim by oath or affirmation in the form herein provided or its equivalent and shall affix his signature thereto. Pleadings. (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 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 on 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 prescribed by this Act 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 court of Georgia.

Page 3467

(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 ten days from the date of the service of said notice; provided, however, that where service is by registered or certified mail, the date of receipt of the certified or registered mail 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) When he files his claim, the plaintiff shall deposit with the court the sum of $12.50 which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; provided, however, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant shall be $22.50; 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 $10.00 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

Page 3468

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 $15.00 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 times as the judge may set the trial shall be had. 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.

Page 3469

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. All judgments rendered by the Small Claims Court of Lamar County may be executed and enforced in the same manner as that now prescribed by law or which may be prescribed in the future by law for the superior courts of this State. Judgments. Section 12. 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. 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 84-811 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 13. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within ten days after service of notice of suit by depositing with the judge or his clerk such sum as

Page 3470

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. (a) The judge of the small claims court once in every two years shall make out a list of all persons liable to serve as jurors in the superior court who may reside in Lamar County and shall write their names on separate pieces of paper and deposit them in a box marked Number 1. Said judge of the small claims court along with the clerk of said court, if any, in public on a court day in conjunction with a constable or bailiff shall draw after shaking the box well twelve names therefrom, which names, after being recorded in a book, shall be deposited in a box marked Number 2. After all the names are drawn from box Number 1, then the drawing shall commence from box Number 2 and so on alternately. The jurors so drawn shall be summoned by the constable or other lawful officer at least five days before the commencement of the small claims court at which they are called upon to serve; and if there should be deficiency of jurors at the trial from cause or absence, the constable, by direction of the court, or the judge of the small claims court shall complete the jury by talesmen to twelve from whom the plaintiff and defendant shall have three strikes each. (b) The following oath shall be administered to the jury, to wit: You shall well and truly try the causes depending between the parties at variance, and a true verdict give according to equity and the opinion you entertain of the evidence produced to you, to the best of your skill and knowledge without favor or affection to either of the parties, provided the case or cases submitted shall not be withdrawn from your consideration. So Help You God. (c) Said judge of the small claims court shall have power to impose fines and issue executions against all defaulting

Page 3471

jurors who refuse to obey the summons without a good legal excuse. Said fine shall not exceed $50.00 and shall be collected by the constable, unless the absentee by next court files his excuse under oath or makes it in open court, to be passed upon in either case by the judge of the small claims court. (d) Compensation of jurors for service in the small claims court shall be as follows: each juror shall receive the sum of $10.00 per day as compensation for his services, to be taxed in the bill of cost; and said jurors shall not receive further compensation. Whenever any party requests a jury, that party shall deposit $120.00 with the court as security for the payment of jurors' compensation. Such deposit shall be taxed as costs should the party requesting the jury prevail. Section 14. 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 15. (a) Appeals may be had from judgments returned in the small claims court to the superior court by certiorari only and the same provisions now or hereafter provided for by law respecting the writ of certiorari shall be applicable to appeals from the small claims court. Appeals. (b) An appeal from the small claims court by writ of certiorari shall suspend but not vacate any judgment rendered therein or thereby and if dismissed or withdrawn, the rights of all parties shall be the same as if no appeal had been entered. (c) In all cases in the small claims court, the party desiring to appeal by certiorari, his attorney at law or in fact shall pay all costs that may have accrued and give bond and security to the judge of the small claims court for such

Page 3472

further costs as may accrue by reasons of such appeal. This being done, the appeal shall be entered. (d) If, upon the hearing by certiorari from the small claims court, should it appear to the court or jury, as the case may be, that the appeal was firvolous and intended for delay only, damages shall be assessed against the appellant and his security, if any, in favor of the respondent for such delay, not exceeding all the actual costs incurred by the respondent as a result of the frivolous appeal by the appellant along with 20% of the principal sum which is found due, which damages shall be specifically noted in the judgment and/or verdict. Section 16. Until otherwise provided by rules of court, the statement of claims, verification and notice shall be in the following equivalent form and shall be in lieu of any forms now employed and of any form of summons now provided by law: Forms. SMALL CLAIMS COURT OF LAMAR COUNTY Barnesville, Georgia

Page 3473

Page 3474

Section 17 . All acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Lamar County are hereby validated. Section 18 . Within 30 days after this Act becomes of full force and effect, the Grand Jury of Lamar County, Georgia, then in session or the next succeeding grand jury if one is not then in session shall appoint a duly qualified person to be Judge of the Small Claims Court of Lamar County to serve from date of such appointment to the first day of January following such appointment. Thereafter, the grand jury in session in Lamar County immediately prior to the expiration of the term of said judge shall appoint a qualified person to serve as judge of the small claims court for a period of two years beginning on January 1 immediately following his appointment and until his successor is duly appointed and qualified. 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 January 1 immediately following the appointment. Any vacancy in such office and any unexpired term shall be filled without undue delay by appointment of a qualified person by the grand jury then in session or the next succeeding grand jury after such vacancy occurs.

Page 3475

Section 19 . 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, shall designate the times when attachments and executions are returnable and shall designate the time when each answer to a summons of garnishment shall be filed; but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant and also for costs in the garnishment proceedings; but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms. Section 20 . 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 attachement; provided, further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by United States postal authorities marked refused, giving the date of refusal and be signed or initialed by a U. S. Post Office employee or United States mail carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee; or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Garnishment.

Page 3476

Section 21 . The judge of the small claims court shall have the power to impose fines of not more than $50.00 or to imprison for not longer than 48 hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Contempt. Section 22 . The fee of bailiff for the execution of a fi. fa. shall be $7.50 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 10% of the first $500.00 and 5% on all sums over that amount with a minimum of $5.00. Fi. fas. Section 23 . 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 24 . The provisions of this Act shall become effective 30 days after the approval by the Governor or after it otherwise becomes law without his approval. Effective date. Section 25 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a bill to create the Small Claims Court of Lamar County: to provide for the jurisdiction, practice, pleading and personnel of said court; to provide the precedure connected therewith; and for other purposes.

Page 3477

This 7th day of January, 1975. Peter L. Banks State Senator-Elect District 17 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 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Gazette which is the official organ of Lamar County, on the following dates: January 9, 16, 23, 1975. /s/ J. R. Smith Representative, 78th District Sworn to and subscribed before me, this 10th day of February, 1975. Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. PIKE COUNTYSALARY OF TAX COMMISSIONER CHANGED. No. 279 (House Bill No. 559). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, approved April 4, 1967 (Ga. L. 1967, p. 2448), as amended, so as to change

Page 3478

the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, approved April 4, 1967 (Ga. L. 1967, p. 2448), as amended, is hereby amended by striking from section 3 the following: $8,600.00, and inserting in lieu thereof the following: $10,000.00, 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 $10,000.00, payable in equal monthly installments from the funds of Pike 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 January, 1975 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, Georgia, and for other purposes. This 20th day of January, 1975. Marvin Adams Representative, Post 1, District 74

Page 3479

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 23, 30 and February 6, 1975. /s/ Marvin Adams Representative, 74th District Sworn to and subscribed before me, this 11th day of February 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Exipres Dec. 18, 1976. (Seal). Approved April 17, 1975. PIKE COUNTYSALARY OF DEPUTY TAX COMMISSIONER CHANGED. No. 280 (House Bill No. 560). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of Tax Commissioner of Pike County, approved April 4, 1967 (Ga. L. 1967, p. 2448), as amended, so as to change the compensation of the deputy tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating the offices of Tax Receiver and Tax Collector of Pike County into the office of

Page 3480

Tax Commissioner of Pike County, approved April 4, 1967 (Ga. L. 1967, p. 2448), as amended, is hereby amended by striking from section 5 the following: not less than $2,400.00 and not more than $4,200.00 per annum, and substituting in lieu thereof the following: not less than $2,400.00 and not more than $4,500.00 per annum, so that when so amended, section 5 shall read as follows: Section 5. The Tax Commissioner is authorized to appoint a deputy to assist him in the performance of his duties. Such deputy shall be compensated in an amount of not less than $2,400.00 and not more than $4,500.00 per annum, payable in equal, monthly installments from the funds of Pike County, Georgia, the exact amount to be fixed by the governing authority of Pike County. All expenses incurred by the Tax Commissioner in operating and discharging the official duties of his office, except as provided herein, including, but not limited to, office equipment, supplies, fixtures and utility expenses, shall be paid by the County 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 January, 1975 session of the General Assembly of Georgia, a bill to amend the Act creating the County of Pike to increase the compensation of the Deputy Tax Commissioner of Pike County, Georgia, and for other purposes. This 20th day of January, 1975. Marvin Adams Representative, Post 1 74th District

Page 3481

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 23, 30, February 6, 1975. Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. MARION COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 281 (House Bill No. 561). An Act to amend an Act abolishing the fee system of compensating the Sheriff of Marion County and providing in lieu thereof an annual salary, approved March 30, 1965 (Ga. L. 1965, p. 2828), as amended by an Act approved February 27, 1970 (Ga. L. 1970, p. 2217), so as to change the compensation of the sheriff; to change the compensation of the deputy; 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 Marion County and providing in lieu thereof an annual salary, approved March 30, 1965 (Ga.

Page 3482

L. 1965, p. 2828), as amended by an Act approved February 27, 1970 (Ga. L. 1970, p. 2217), is hereby amended by striking in section 2, the following: eight thousand ($8,000.00) dollars, and substituting in lieu thereof, the following: ten thousand dollars ($10,000.00), so that when so amended, section 2 shall read as follows: Section 2. The Sheriff of Marion County shall be compensated in an amount of ten thousand dollars ($10,000.00) per annum, to be paid in equal monthly installments from the funds of Marion County. The Sheriff of Marion 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 herein authorized to receive. Sheriff. Section 2 . Said Act is further amended by striking in section 8, the following: six thousand ($6,000.00) dollars, and substituting in lieu thereof, the following: eight thousand five hundred dollars ($8,500.00), so that when so amended, section 8 shall read as follows: Section 8. The Sheriff of Marion County is hereby authorized to appoint one full-time deputy who shall be compensated in an amount of eight thousand five hundred dollars ($8,500.00) per annum to be paid in equal monthly installments from the funds of Marion County. The governing authority of Marion County shall not be authorized to provide compensation for any other personnel for said sheriff, but the Sheriff of Marion County shall nevertheless

Page 3483

be authorized to appoint such additional deputy sheriffs and jailers as he may deem necessary, provided provisions are made by him for their compensation out of funds not belonging to Marion County or from funds to which Marion County is entitled. Personnel. 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 a bill introduced in the 1975 Ga. General Assembly to change the salaries of the Sheriff of Marion Co., the deputy sheriff of Marion Co., and the tax commissioner of Marion Co. State Representative Ward Edwards House District 110 including, Marion, Taylor and Chattahoochee Co. 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 110th 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: December 12, 19 and 26, 1974. /s/ Ward Edwards Representative, 110th District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 11, 1976. (Seal). Approved April 17, 1975.

Page 3484

MARION COUNTYSALARY OF TAX COMMISSIONER CHANGED. No. 282 (House Bill No. 562). An Act to amend an Act consolidating the Office of Tax Receiver and Tax Collector in the County of Marion into the Office of Tax Commissioner of Marion County, approved August 11, 1925 (Ga. L. 1925, p. 702), as amended by an Act approved August 15, 1929 (Ga. L. 1929, p. 664), an Act approved January 30, 1945 (Ga. L. 1945, p. 526), an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2805), an Act approved February 27, 1962 (Ga. L. 1962, p. 2411), and an Act approved February 27, 1970 (Ga. L. 1970, p. 2220), so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act consolidating the Office of Tax Receiver and Tax Collector in the County of Marion into the Office of Tax Commissioner of Marion County, approved August 11, 1925 (Ga. L. 1925, p. 702), as amended by an Act approved August 15, 1929 (Ga. L. 1929, p. 664), an Act approved January 30, 1945 (Ga. L. 1945, p. 526), an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2805), an Act approved February 27, 1962 (Ga. L. 1962, p. 2411), and an Act approved February 27, 1970 (Ga. L. 1970, p. 2220), is hereby amended by striking in section 2, the following: six thousand ($6,000.00) dollars, and substituting in lieu thereof, the following: seven thousand five hundred dollars ($7,500.00), so that when so amended, section 2 shall read as follows: Section 2. Be it further enacted by the authority of the same, that said tax commissioner as aforesaid shall perform

Page 3485

all the duties which are now performed by the tax receiver and tax collector of Marion County and shall receive as compensation therefor the sum of seven thousand five hundred dollars ($7,500.00) per annum, the same to be paid in monthly installments, and the county commissioners of Marion County are hereby authorized to levy and collect a tax upon all the property of said county sufficient to pay said salary so fixed. 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 a bill introduced in the 1975 Ga. General Assembly to change the salaries of the Sheriff of Marion Co., the deputy sheriff of Marion Co., and the tax commissioner of Marion Co. State Representative Ward Edwards House District 110 including, Marion, Taylor and Chattahoochee Co. 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 110th 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: December 12, 19 and 26, 1974. /s/ Ward Edwards Representative, 110th District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 11, 1976. (Seal). Approved April 17, 1975.

Page 3486

TAYLOR COUNTY BOARD OF EDUCATIONNUMBER OF MEMBERS CHANGEDREFERENDUM, ETC. No. 283 (House Bill No. 566). An Act to change the number of members of the County Board of Education of Taylor County; to provide for the manner of election and terms of office of the members of the county board of education; to provide for education districts; 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 County Board of Education of Taylor County provided for in Article VIII, Section V, Paragraph I of the Constitution, as amended by an amendment to the Constitution proposed by a resolution (Ga. L. 1950, p. 482) and ratified on November 7, 1950, shall continue in office until January 1, 1977. On January 1, 1977, the County Board of Education of Taylor County shall be composed of five members as provided in this Act. Section 2 . For the purposes of electing members to the County Board of Education of Taylor County, the Taylor County School District shall be divided into five education districts, as follows: (1) Education District 1 which shall be the same as Commissioner District 1 of the Board of Commissioners of Taylor County; (2) Education District 2 which shall be the same as Commissioner District 2 of the Board of Commissioners of Taylor County; (3) Education District 3 which shall be the same as Commissioner District 3 of the Board of Commissioners of Taylor County;

Page 3487

(4) Education District 4 which shall be composed of the entire Taylor County School District; and (5) Education District 5 which shall be composed of the entire Taylor County School District. Section 3 . At the general election in 1976, the five members of the County Board of Education of Taylor County shall be elected. One member shall be elected from each education district who shall be a resident of the education district. Candidates for election to the county board of education shall designate the education district for which they offer as a candidate. All of the electors of the Taylor County School District shall be eligible to vote for candidates from all education districts offering for election to the county board of education. The members elected at the 1976 general election and their successors shall be elected to terms of office of four years and until their successors are duly elected and qualified. Successors to the members of the county board of education elected at the 1976 general election shall be elected at the general election which is conducted immediately prior to the expiration of the terms of office of the members of the county board of education and shall take office on the first day of January following their election. Section 4 . 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 election superintendent of Taylor County to issue the call for an election for the purpose of submitting this Act to the electors of the Taylor County School District for approval or rejection. The superintendent 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 superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Taylor County. The ballot shall have written or printed thereon the words:

Page 3488

() YES () NO Shall the Act changing the number of members of the County Board of Education of Taylor County and providing for the manner of election and terms of office of the members of the county board of education be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 Taylor County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be a bill introduced in the 1975 session of the Georgia General Assembly to reduce the number of Taylor County School Board members, to provide for a special election and to provide for the manner in which they are elected and for other purposes. State Representative Ward Edwards House District 110 Taylor, Marion and Chattahoochee Counties 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

Page 3489

110th 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: December 12, 19 and 26, 1974. /s/ Ward Edwards Representative, 110th District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 11, 1976. (Seal). Approved April 17, 1975. CITY OF EDISONNEW CHARTER. No. 284 (House Bill No. 573). An Act to provide a new Charter for the City of Edison, Georgia, in the County of Calhoun; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for general provisions; to provide for other matters relative thereto; to provide for specific repeal; 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:

Page 3490

ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of Edison, repealing and replacing the charter provided by an Act of the General Assembly approved August 13, 1929 (Ga. L. 1929, p. 1055), as amended. The City of Edison, Georgia, in the County of Calhoun and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Edison, 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. Corporate Boundaries. (a) The boundaries of the City of Edison 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 Edison, at all times, shall be shown on a map to be retained permanently in the office of the city clerk and to be designated: Edison, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the mayor. Photographic, typed or other copies of such map 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. (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 1.12. Specific Powers. The corporate powers of the government of the City of Edison, to be exercised by the governing authority, may include the following:

Page 3491

(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; 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 to raise 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; (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,

Page 3492

gas works, electric light plants, transportation facilities, public airports and other public utilities; to fix the taxes, charges, rates, fees, fares, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same; and to fix 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 30 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 of the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or 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, public buildings, recreational facilities, cemeteries, markets and market houses, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the 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 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

Page 3493

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 housing, building, plumbing, electrical, gas and heating and air-conditioning codes; to regulate all housing, building or 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 riots and public disturbances; (16) to regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors and liquids, the use and sale of firearms, 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, itinerant trades, theatrical performances, exhibitions and shows of any kind by taxation or otherwise; (18) to license, tax, regulate or prohibit professional fortune telling or palmistry; (19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City of Edison; 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

Page 3494

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; 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 the resale of such items; (25) to levy, fix, assess and collect a garbage, refuse and trash collect and disposal and other sanitary service charge, tax or fee for such services as may be necessary in the operation of the city from all individuals, firms and corporations residing in or doing business in the City of Edison and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (26) to levy a fee or charge of sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer service charge or 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; (27) to charge, impose and collect a sewer connection fee or fees and to change the same from time to time, such

Page 3495

fees to be levied on the users connecting with the sewerage system; (28) to define, regulate and prohibit any act, conduct, practice or use of property which is detrimental or likely to be detrimental to the health, sanitation, cleanliness, welfare and safety of the inhabitants of City of Edison; 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 of Edison; and to provide for the enforcement of such standards; (32) to provide that persons given jail sentences in the mayor's court may work out such sentence in any public works or on the streets, roads, drains and squares in the city or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the City of Edison; and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting offenses against the laws of this State, are 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;

Page 3496

(34) to regulate and license or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (35) to regulate the operation of motor vehicles; and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (36) to regulate and license vehicles operated for hire in the city; 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 of 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 upon such agencies the necessary 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;

Page 3497

(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; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the city 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

Page 3498

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, 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. ARTICLE II GOVERNING BODY Section 2.10. Creation, Composition, Number, Election. The legislative authority of the government of the City of Edison, 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 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 is a resident of the City of Edison and continues to reside in the city during his period of service. He shall also be registered and qualified to vote in municipal elections of the City of Edison and 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; Filling of Same. (a) The office of mayor or councilman shall become vacant upon

Page 3499

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) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) 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 of this charter. Section 2.13. Compensation and Expenses. The mayor shall receive as compensation for his services the amount of $60.00 per month. The councilmen shall receive as compensation for their services $10.00 per council meeting at which they are in attendance. 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) 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) Neither the mayor nor any councilman 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

Page 3500

charter, the council shall be vested with all the powers of government of the City of Edison as provided by Article I of this charter. (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 Edison and may enforce such ordinances by imposing penalties for violation thereof. Section 2.20. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (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; (e) see that all laws and ordinances of the city are faithfully executed; (f) appoint and remove all officers, department heads and employees of the city except as otherwise provided by this charter; (g) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;

Page 3501

(h) 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; (i) call special meetings of the council as provided for in Section 2.31 of this charter; (j) approve or disapprove ordinances as provided for in section 2.38 of this charter; (k) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (l) perform other duties as may be required by law, this charter or ordinance. Section 2.21. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem., who shall be selected as provided for in Section 2.30(b) of this charter, 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 mayor so long as such absence or disability shall continue. Section 2.30. Organization Meeting. (a) The council shall meet for organization on the first Monday in January. 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 that I will well and truly perform the duties of (mayor or councilman as the case may be) of the City of Edison 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) Following the induction of members, the council by majority vote of all the members thereof shall elect one of their members to be mayor pro tem. who shall serve for

Page 3502

a term of one year 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 meeting 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 councilmen. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall also constitute 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. 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 the keeping of a journal of its proceedings which journal 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 three councilmen shall be required for the adoption

Page 3503

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 Edison 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, that ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. 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 contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmen shall be required for adopion. 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

Page 3504

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 a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to section 2.37. (b) Copies of any adopted code of technical regulations may be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.37. Signing, Authenticating, Recording; Codification; Printing. (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for that 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 Edison, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and shall be 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. Following publication of the first Code of the

Page 3505

City of Edison 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. Section 2.38. Submission of Ordinances to the Mayor. (a) Every ordinance adopted by the council shall be presented promptly by the city clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the city 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 city clerk. If the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption. If the ordinance is disapproved, the mayor shall submit to the council through the city clerk a written statement of his reasons for his veto. The city 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 city 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 three members, it shall become law. ARTICLE III EXECUTIVE BRANCH 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 it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies or of any departments,

Page 3506

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, add to or detract from the functions 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 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 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 3.11. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities 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, terms of office or manner of appointment is prescribed by this charter or by applicable state law. (b) Any vacancy in office of any member of a board, commission or authority of the city shall be filled for the

Page 3507

unexpired term in the manner prescribed herein for original appointment except as otherwise provided by this charter or any applicable state law. (c) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk the oath as follows: I do solemnly swear that I will well and truly perform the duties of (name office) of the City of Edison and that I will support and defend the charter thereof. (d) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the council. (e) Members of boards, commissions or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards, commissions and authorities shall be as prescribed by the mayor and council. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission or authority of city government shall elect one of its members as 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 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 city clerk. 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, so doing,

Page 3508

the council may specifically delegate to 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 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 mayor's court; shall attend the meetings of the council as directed; shall advise the councilmen, 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 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.41. City Tax Collector. The council may appoint a city 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. The city 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 such other positions.

Page 3509

Section 3.50. Position Classification and Pay Plan. The council may prepare a position classification and pay plan which shall be adopted by ordinance. Said plans may apply to all the employees of the City of Edison and employees 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 3.51. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, 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 Edison. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation of Mayor's Court. There is hereby established a court to be known as the Mayor's Court of the City of Edison 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; to punish any person who may counsel, advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent

Page 3510

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. Section 4.11. Judge. (a) The judge shall be appointed by the council. (b) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (c) The judge pro tem. shall serve in the absence or disqualification of the judge, shall be appointed by the council, shall take the same oath as the judge and shall exercise the same powers and duties as the judge when acting in the judge's stead. (d) Before entering on the duties of his office, the judge shall take an oath before the city clerk that he will truly, 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 mayor's court shall try and punish for crimes against the City of Edison and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or ten days in jail. The mayor's court may fix punishment for offenses within its jurisdiction; provided, however, that such punishment shall not exceed a fine of $250.00 or imprisonment for 30 days, or both. As an alternative to fine or imprisonment, the mayor's court may 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 30 days.

Page 3511

(b) The mayor's court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of state law. (c) The mayor's court shall have the 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, personal property 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 shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and 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 Edison 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 mayor'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 mayor'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 mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by state law.

Page 3512

(g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Edison 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 Calhoun 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 probate court; provided, however, 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. 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 mayor's court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure and operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all defendants in mayor's court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections, Time for Holding. The mayor and councilmen serving on the effective date of this Act shall serve out the remainder of their terms of office. On the first Tuesday in December of even-numbered years, there shall be an election for mayor and council posts number one and two. On the first Tuesday in December of odd-numbered years, there shall be an election for council

Page 3513

posts number three and four. The terms of office of members of the council shall begin at the day and hour of taking of oath of office as provided for in Article II, section 2.30 of this charter. Section 5.11. Qualifying, Nomination of Condidates, 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 elections in the City of Edison. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Edison as to primary, special or general elections shall be in accordance with the provisions of the Georgia Municipal Election Code, as now or hereafter 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 balance of the unexpired term of such office; provided, however, that if such vacancy occurs within six months of the expiration of the term of office, 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, to the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933, as now or hereafter amended. Section 5.30. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (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;

Page 3514

(d) wilful 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 three-fourths vote of the entire membership of the council. In the event that 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 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 Calhoun County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed with the Superior Court of Calhoun County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.10. 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 Edison. 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.

Page 3515

Section 6.11. 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 revenue 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 Edison is hereby exempted from the provisions of Georgia Code sections 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. The council shall provide by ordinance for the payment of taxes due to the city in installments or in one lump sum, and when, how and upon what terms such taxes shall be due and payable. The council 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 police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which 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 shall have full power to levy by ordinance such license and specific or occupation taxes upon the residents of the City of Edison, both individual and corporate, and on all those who transact or offer to transact business therein,

Page 3516

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 lawful way; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; 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 Charge. 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 Edison, to provide for the cost and expense of furnishing the collection and disposal of sewage through the sewerage facilities of the 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. Said lien 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, enforce, levy and 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 the City of Edison and 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

Page 3517

taxes. Said lien 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, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall be levied against the owner or owners of property which abuts the improved public appurtenances and shall become delinquent 30 days after their due dates. They 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 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 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, however, 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 accordance 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 6.20. General Obligation Bonds. The council shall have the power to issue bonds for the purpose of raising

Page 3518

revenue to carry out any project, program or venture authorized under this charter or the general laws of this 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 Georgia law as now or hereafter provided. Section 6.22. Short-Term Notes. Pursuant to applicable state law, the city may obtain temporary short-term loans between January 1 and December 31 of each year. 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 and every office, department, institution, agency and activity of the city government unless otherwise provided by state or federal law. Section 6.31. Preparation of Budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program and a capital budget including requirements as to scope, content and form of such budgets and programs. Section 6.40. Contracting Procedures. All contracts exceeding $500.00 shall be made or authorized by the council and no contracts exceeding $500.00 shall bind the city unless reduced to writing and approved by the council. Section 6.41. Centralized Purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Edison. (b) The council may sell and convey any real or personal property owned or held by the City of Edison for governmental

Page 3519

or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) 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 cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees, both elected and appointed, of the City of Edison shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Edison not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or

Page 3520

amended by the council. Existing rules and regulations of departments or agencies of the City of Edison not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Penalties. The violation of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $250.00 or by imprisonment not to exceed 30 days or both such fine and imprisonment. Section 7.13. Specific Repealer. An Act incorporating the City of Edison in the County of Calhoun, approved August 13, 1929 (Ga. L. 1929, p. 1055), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.14. Severability. If any article, section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 7.15. Effective Date. This charter shall become effective on May 1, 1975. Section 7.16. 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 in the 1975 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Edison, Georgia. To provide for all matters relative thereto and for other purposes.

Page 3521

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Irwin who, on oath, deposes and says that he is Representative from the 130th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Courier which is the official organ of Calhoun County, on the following dates: January 2, 9, 16, 1975. /s/ John Irwin Representative, 130th District Sworn to and subscribed before me, this 23rd day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Aug. 18, 1976. (Seal). Approved April 17, 1975. CITY OF COLQUITTNEW CHARTER No. 285 (House Bill No. 576). An Act to provide a new Charter for the City of Colquitt, Georgia, in the County of Miller; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for general provisions; to provide for other matters relative thereto; to provide for specific repeal; 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:

Page 3522

ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of Colquitt, repealing and replacing the charter provided by an Act of the General Assembly approved August 7, 1915 (Ga. L. 1915, p. 534), as amended. The City of Colquitt, Georgia, in the County of Miller and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Colquitt, 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. Corporate Boundaries. (a) The Boundaries of the City of Colquitt 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 Colquitt 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 Colquitt, 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 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 1.12. Specific Powers. The corporate powers of the government of the City of Colquitt, to be exercised by the governing authority, may include the following:

Page 3523

(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; 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 to raise revenue for 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; (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,

Page 3524

gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same; and to fix the manner in which such remedies shall be enforced; (9) to grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or 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 over the bridges of the city 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, 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, of 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 maintenances

Page 3525

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; 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 riots and public disturbances; (16) to regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, the use and sale of firearms, 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 by taxation or otherwise the conduct of peddlers, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever; (18) to license, tax, regulate or prohibit professional fortune telling or palmistry; (19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads 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;

Page 3526

(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; 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 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 and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (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; 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 change the same from time to time, such fees to be levied on the users connecting with the sewerage system;

Page 3527

(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 mayor's court may 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; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the city; 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 offenses against the laws of this State, are 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; to provide for the impoundment of same if in violation of any ordinance or

Page 3528

lawful order; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of 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 to cover the costs of 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 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;

Page 3529

(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; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers are fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the city 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

Page 3530

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, 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. ARTICLE II GOVERNING BODY Section 2.10. Creation. The legislative authority or the government of the City of Colquitt, 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 mayor and the councilmen shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he: (1) has been a resident of the city for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) continues to reside therein during his period of service; (3) is registered and qualified to vote in municipal elections of the City of Colquitt; and (4) meets 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) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner

Page 3531

authorized by this charter or the laws of the State of Georgia. (b) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.13. Compensation and Expenses. The mayor and councilmen shall receive as compensation for their services an amount to be 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) 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) Neither the mayor nor any councilman 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 the City of Colquitt as provided by Article I.

Page 3532

(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 Colquitt. The council may enforce such ordinances by imposing penalties for violation thereof. Section 2.20. Chief Executive Officer. The mayor shall be the chief executive of the City of Colquitt. 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 2.21. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (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; (e) see that all laws and ordinances of the city are faithfully executed; (f) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;

Page 3533

(g) 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; (h) call special meetings of the council as provided for in section 2.31; (i) along with the councilmen, examine and audit all accounts of the city before payment; (j) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (k) perform other duties as may be required by law, this charter or ordinance. Section 2.22. 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 2.30. Organization Meeting. The council shall meet for organization on the 2nd Tuesday in January. The meeting shall be called to order by the city clerk. 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 one year 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 meeting 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.

Page 3534

(b) Special meetings of the council may be held on call of the mayor. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting, and attendance at the 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. 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 journal shall be a public record. Section 2.33. Quorum; Voting. Three councilmen or two councilmen and the mayor shall constitute a quorum and shall be authorized to transact business of the council. The mayor and the councilmen shall each be entitled to vote on all questions except those prohibited by Section 2.14 (b). 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. Three affirmative votes 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 put in writing before 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 Colquitt hereby ordains....

Page 3535

(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, that ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. 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 three affirmative votes 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. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedures and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to section 2.37.

Page 3536

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 that 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. 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 amendments thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Colquitt, Georgia. Copies of this code shall be furnished to all officers, departments and agencies of the city and shall be 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 Colquitt 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 this code. ARTICLE III EXECUTIVE BRANCH Section 3.10. Administrative and Service Departments. (a) The council by ordinance may establish, abolish, merge or consolidate offices, positions of employment, departments

Page 3537

and agencies of the city, as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies or of any departments, offices and agencies hereinafter created or established; 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. 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 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 appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.11. Boards, Commissions, and Authorities. (a) All members of boards, commissions, and authorities 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) Any vacancy in office of any member of a board, commission or authority of the city shall be filled for the

Page 3538

unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by applicable state law. (c) 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 perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (d) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the council. (e) Members of boards, commissions and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards, commissions and authorities shall be as prescribed by the council. (g) 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 chairman and one member as vice chairman for terms of one year and may elect as its secretary an employee of the city. Each board, commission or authority of the city government may establish such bylaws, rules and regulations, as are 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 city clerk. 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. The council may specifically delegate to the city manager any of the mayor's administrative or budgetary duties.

Page 3539

Section 3.30. 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 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 city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such other duties as may be required by law or as the council may direct. Section 3.41. City Tax Collector. The council may appoint a city 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. The city 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. Section 3.50. Position Classification and Pay Plan. The city council may prepare a position classification and pay plan. Said plans may apply to all employees of the City of

Page 3540

Colquitt and to 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 3.51. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, 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 Colquitt. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation. There is hereby established a court to be known as the Mayor's Court of the City of Colquitt 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; to punish 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; and to try all 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 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.

Page 3541

Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (b) The judge pro tem. shall serve in the absence of 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 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 mayor's court shall try and punish for crimes against the City of Colquitt and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence for contempt; provided, however, that such punishment shall not exceed $100.00 or ten days in jail. The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 30 days or both, and as an alternative to fine or imprisonment, may 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 30 days. (b) The mayor's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of state law. (c) The mayor's court shall have authority to establish bail and recognizances to insure the presence of those

Page 3542

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 shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. If cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and 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 Colquitt 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 at lien for city property taxes. (d) The mayor'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 mayor'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 mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Colquitt 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 to appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Miller County from the mayor's court shall lie in the same manner and under the same procedure

Page 3543

as generally prescribed for appeals and appeal bonds from the probate court; provided, however, 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. 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 mayor's 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 mayor's court proceedings at least 48 hours prior to said proceeding. ARTICLE V ELECTIONS Section 5.11. Election Procedures. The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, writein votes, challenge of votes and such other election procedures as may be necessary for the conduct of elections in the City of Colquitt. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Colquitt as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, as now or hereafter amended. Section 5.21. Special Elections; Vacancies. If 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

Page 3544

such office; provided, however, that if such vacancy occurs within 12 months of the expiration of the term of office, 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, as now or hereafter amended. Section 5.30. Grounds for Removal of Elected Officials. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (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) wilful 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 of Elected Officials. Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of three-fifths 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 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 Miller County. Such

Page 3545

appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed in the Superior Court of Miller County as provided by law. Section 5.32. Regular Election. The mayor and councilmen serving on the effective date of this Act shall hold their offices for the terms for which they were elected and until their successors are elected and qualified under the provisions of this Act. On the first Saturday in December, 1975, and on said date every four years thereafter, there shall be an election for the office of mayor. On the same day of the month in 1975, one councilman shall be elected to serve four years in the order of expiration of terms of those now serving as such and on said date annually thereafter, there shall be an election for one councilman. The term of office of members of the council shall begin at the day and hour of taking of oath of office as provided in Article II, section 2.30 of this charter. ARTICLE VI FINANCE AND FISCAL 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 the City of Colquitt. 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 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. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City

Page 3546

of Colquitt is hereby exempted from the provisions of Georgia Code sections 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, in what length of time said taxes may be paid, whether said taxes may be paid in installments or in one lump sum, and when, how, and upon what terms such taxes shall be due and payable. The council 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 police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which 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 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 Colquitt 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 any way which is lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; 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

Page 3547

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 Colquitt to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of said city. If unpaid, said sewer service charge shall constitute a lien against any property served, second in priority only to liens for county and city property taxes. Said lien 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, enforce, levy and 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 and 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 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 said liens shall be enforceable in the same manner and under the same remedies as a lien for the 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, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten

Page 3548

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 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 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, however, 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 6.20. General Obligation Bonds. The council shall have the power to issue bonds to raise revenue for 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. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided.

Page 3549

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. 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 and every office, department, institution, agency and activity of the city government, unless otherwise provided by state or federal law. Section 6.31. Preparation of Budgets. The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs. Section 6.32. 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. Section 6.40. 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 may by ordinance prescribe procedures for a system of centralized purchasing for the City of Colquitt. (b) The council may sell and convey any real or personal property owned or held by the City of Colquitt for governmental or other purposes, at a public or private sale, with or without advertisement, or such consideration as it shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the

Page 3550

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. (d) 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 cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees, both elected and appointed, of the City of Colquitt shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Colquitt 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 Colquitt not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Penalties. The violation of any provisions of this charter for which penalty is not specifically provided

Page 3551

for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment not to exceed 30 days or both such fine and imprisonment. Section 7.13. Specific Repealer. An Act incorporating the City of Colquitt in the County of Miller, approved August 7, 1915 (Ga. L. 1915, p. 534) is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.14. Severability. If any Article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.15. Effective Date. This charter shall become effective upon May 1, 1975. Section 7.16. 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 in the 1975 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Colquitt, Georgia. To provide for all matters relative thereto, and for other purposes. Walter W. Hays, Attorney for the City of Colquitt Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mobley Howell who,

Page 3552

on oath, deposes and says that he is Representative from the 140th 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: December 26, 1974, January 2, 9, 1975. /s/ Mobley Howell Representative, 140th District. Sworn to and subscribed before me, this 17th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. MONROE COUNTY SMALL CLAIMS COURTPROVISIONS FOR SUBSTITUTE JUDGE CHANGED, ETC. No. 286 (House Bill No. 581). An Act to amend an Act creating and establishing a small claims court for Monroe County, Georgia, approved March 25, 1974 (Ga. L. 1974, p. 3392), so as to change the provisions relating to who is to perform the duties of judge of the small claims court when the regular judge shall be unable to discharge his duties; to change the provisions relating to the time for holding certain hearings in said court; to change the amount to be deposited by the plaintiff to cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process of notice to defendants; to change the references to certain affidavits; to provide that when the judgment is to be rendered and the party against whom

Page 3553

it is to be entered requests it, the judge shall inquire into the earnings and financial status of such party and shall have certain discretionary powers; to provide that the judge shall not be obligated to collect certain deferred partial payments on judgments, but may do so at the expense of the plaintiff; to change the provisions relative to drawing jurors and prospective jurors; to correct certain typographical errors; to change the method and procedures for appeals to the superior court; to repeal the provision validating acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Monroe County; to provide for time limitations within which answers to summons of garnishment shall be filed; to change the time limitation for the filing of answers by garnishees; to repeal the provision that certain evidence shall be prima facie evidence of service of a summons on a garnishee; to provide that all forms, docket books, file jackets, filing cabinets and the like shall be furnished by the county commissioners, and they shall also provide a suitable room in the courthouse for the holding of said court; to change the rate of commission on all judicial sales; 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 and establishing a small claims court for Monroe County, Georgia, approved March 25, 1974 (Ga. L. 1974, p. 3392), 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. 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, an attorney actively engaged in the practice of law in Monroe County shall be selected and appointed by the judge of the small claims court to so act in his place and stead with all the powers, duties, obligations, and responsibilities of the judge of the small claims court. Absence.

Page 3554

Section 2. Said Act is further amended by striking from subsection (g) of section 6 the following: five (5), and inserting in lieu thereof the following: ten (10), so that when so amended, subsection (g) of section 6 shall read as follows: (g) Said notice shall provide the day and hour of the hearing, which shall not be less than ten (10), nor more than thirty (30) days from the date of the service of said notice; provided, however, that where service is by registered or certified mail, the date of receipt of the certified or registered mail shall be the date of service. Section 3. Said Act is further amended by striking from subsection (a) of section 8 the following: $7.50, and inserting in lieu thereof the following: $8.00, and by striking from subsection (b) of Section 8 the following: illegal affidavits, and inserting in lieu thereof the following: affidavits of illegality, 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 $8.00, which shall cover all costs of the proceeding up to and including the

Page 3555

rendering of a judgment, except the cost of serving process or notice to defendants; provided, however, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant, shall be $15.00; 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 $10.00 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 $15.00 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 with court costs in said proceeding.

Page 3556

Section 4. Said Act is further amended by adding, following section 10, a new section to be designated section 10A, to read as follows: Section 10A. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Partial payments. Section 5. Said Act is further amended by adding following section 10A, a new section to be designated section 10B, to read as follows: Section 10B. The judge of said small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered, but if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 6. Said Act is further amended by adding following the word twelve in subsection (a) of section 13 the following: or more, so that when so amended, subsection (a) of section 13 shall read as follows: (a) The judge of the small claims court once in every two years shall make out a list of all persons liable to serve as jurors in the superior court, who may reside in Monroe County, and shall write their names on separate pieces of paper and deposit them in a box marked `Number 1'. Said judge of the small claims court along with the clerk of said court, if any, in public on a court day, in conjunction with a constable or bailiff shall draw, after shaking the box well, twelve or more names therefrom which names after being

Page 3557

recorded in a book, shall be deposited in a box marked `Number 2'. After all the names are drawn from box `Number 1' then the drawing shall commence from box `Number 2' and so on alternately. The jurors so drawn shall be summoned by the constable or other lawful officer, at least five days before the small claims court at which they are called upon to serve; and if there should be deficiency of jurors at the trial, from cause or absence, the constable, by direction of the court, or the judge of the small claims court shall complete the jury by talesmen to twelve, from whom the plaintiff and defendant shall have three strikes each. Jurors. Section 7. Said Act is further amended by striking subsection (b) of section 13 in its entirety, and inserting in lieu thereof the following: (b) The following oath shall be administered to the jury, to-wit: `You shall well and truly try the causes pending between the parties, and a true verdict give according to equity and the opinion you entertain of the evidence produced to you, to the best of your skill and knowledge without favor or affection to either of the parties, provided the case or cases submitted shall not be withdrawn from your consideration. So Help You God'. Oath. Section 8. Said Act is further amended by striking section 15 in its entirety, and inserting in lieu thereof a new section 15 to read as follows: Section 15. Appeals may be had from judgments returned in the small claims court to the superior court and the same provisions now provided for by law for appeals from probate courts 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 9. Said Act is further amended by striking section 17, which reads as follows: Section 17. All acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Monroe County are hereby validated.,

Page 3558

in its entirety. Section 10. Said Act is further amended by adding to section 19, following the word time in the first sentence thereof, the following: ,not less than 30 nor more than 45 days,, and by striking from said Section the following: ten, and inserting in lieu thereof the following: thirty, so that when so amended, section 19 shall read as follows: Section 19. 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, not less than 30 nor more than 45 days, when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than thirty days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceedings, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms. Section 11. Said Act is further amended by striking from section 20 the following: ; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said

Page 3559

summons was mailed to the garnishee by registered or certified mail is returned to sender by the 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, so that when so amended, section 20 shall read as follows: Section 20. 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. 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 12. Said Act is further amended by adding, following section 20, a new section to be designated Section 20A, to read as follows: Section 20A. All forms, docket books, file jackets, filing cabinets and the like, required by this Act, shall be furnished by the county commissioners, and they shall also provide a suitable room in the courthouse for the holding of said court. Supplies. Section 13. Said Act is further amended by striking from section 22 the following: $500.00, and inserting in lieu thereof the following: $250.00, so that when so amended, section 22 shall read as follows:

Page 3560

Section 22. The fee of bailiff for the execution of a fi. fa. shall be $7.50, 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 $5.00. Fi. fas. Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to amend an Act creating a small claims court for Monroe County, approved March 25, 1974 (Ga. L. 1974, p. 3392), so as to change the provisions relating to the judge of such court; to change the provisions relating to practice, procedures and costs in such court; to provide for the furnishing of certain books, files, materials, supplies and courtrooms; and for other purposes. This 17th day of January, 1975. Benson Ham Representative, 80th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Benson Ham who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Monroe County Reporter which is the official organ of Monroe County, on the following dates: January 22, 29 February 5, 1975. /s/ Benson Ham Representative, 80th District

Page 3561

Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1975. (Seal). Approved April 17, 1975. JONES COUNTY SMALL CLAIMS COURTJURISDICTION CHANGED, ETC. No. 287 (House Bill No. 582). An Act to amend an Act creating and establishing a small claims court for Jones County, Georgia, approved March 21, 1974 (Ga. L. 1974, p. 2573), so as to change the civil jurisdiction of the Small Claims Court of Jones County; to change the provisions relating to who shall perform the duties of the judge of the small claims court when such judge is unable to discharge his duties; to change the provisions relating to prima facie evidence of service of notice; to change the provisions relating to cost of service; to provide that the date of receipt of the certified or registered mail shall be the date of service of notice, rather than the date of mailing; to specify the time period within which an answer to a summons of garnishment shall be filed; to repeal the provision that certain facts shall constitute prima facie evidence of service of a summons of garnishment; to change the amount which the judge of the small claims court may impose in fines for contempt of 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 creating and establishing a small claims court for Jones County, Georgia, approved March

Page 3562

21, 1974 (Ga. L. 1974, p. 2573), is hereby amended by striking from section 1 the following: $500.00, and inserting in lieu thereof the following: $1,000.00, so that when so amended, section 1 shall read as follows: Section 1. There is hereby created and established a small claims court for Jones County, Georgia, to be known as the Small Claims Court of Jones County, which court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,000.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Section 2. Said Act is further amended by striking from section 3 the following: or any judge of a city court located in said county, 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 the 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. Section 3. Said Act is further amended by striking subsections (b), (d), and (f) of section 6 in their entirety,

Page 3563

and inserting in lieu thereof new subsections (b), (d) and (f) to read as follows: (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, 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. (d) When served as provided, the actual cost of service shall be taxable as costs not to exceed $7.00. 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. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by certified or registered mail, the date of receipt of the certified or registered mail shall be the date of service. Section 4. Said Act is further amended by adding to section 21, following the word time in the first sentence of said section, the following: , not less than thirty nor more than forty-five days,, so that when so amended, section 21 shall read as follows: Section 21. Said small claims court having no designated terms at stated periods, the judge thereof shall in each instance set dates for all hearings and trials in every kind of case, and also designate the times when attachments and executions are returnable, and also designate the time, not less than thirty nor more than forty-five days, when

Page 3564

each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 5. Said Act is further amended by striking from section 22 the following: ; 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 Postal Service employee or United States Mail Carrier to whom refusal was made, so that when so amended, section 22 shall read as follows: Section 22. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a small claims court bailiff, or by the judge of the small claims court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment. 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

Page 3565

separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Summons. Section 6. Said Act is further amended by striking from section 23 the following: ten, and inserting in lieu thereof the following: fifty, so that when so amended, section 23 shall read as follows: Section 23. The judge of the Small Claims Court of Jones County shall have the power to impose fines of not more than fifty dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Contempt. Section 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 1975 session of the General Assembly of Georgia a bill to amend an Act establishing a small claims court for Jones County, approved March 21, 1974 (Ga. L. 1974, p. 2573), so as to change the jurisdiction of said court; to change the provisions relating to the judge; to change certain provisions relating to practice, procedures and costs in said court; and for other purposes. This 17th day of January, 1975. Benson Ham Representative, 80th District

Page 3566

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Benson Ham who, on oath, deposes and says that he is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jones County News which is the official organ of Jones County, on the following dates: January 23, 30 and February 6, 1975. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF COBBTOWNCHARTER AMENDEDTERMS OF OFFICE CHANGED. No. 288 (House Bill No. 584). An Act to amend an Act incorporating the City of Cobbtown, approved August 19, 1919 (Ga. L. 1919, p. 897), as amended, so as to provide for staggered terms of office for the mayor and councilmen; to change the provisions relating to city elections; to provide for initial and regular terms of office for the mayor and councilmen; to provide for practices and procedures in connection with the foregoing;

Page 3567

to provide 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 Cobbtown, approved August 19, 1919 (Ga. L. 1919, p. 897), as amended, is hereby amended by striking section 5 of said Act in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. Beginning with the city election to be in 1976, city elections for the City of Cobbtown shall be held on the Tuesday following the second Monday in December, 1976, and on the same date annually thereafter. There are hereby created five posts on the city council, to be designated as Post No. 1, Post No. 2, Post No. 3, Post No. 4, and Post No. 5 respectively. At the city election to be held in 1976. the mayor and the councilmen from Post No. 1 and Post No. 2 shall be elected to serve for initial terms of office of one year each and until their respective successors are duly elected and qualified, and the councilmen from Post No. 3, Post No. 4 and Post No. 5 shall be elected to serve for initial terms of office of two years each and until their respective successors are duly elected and qualified. Following the initial terms of office provided herein the terms of office of the mayor and councilmen shall be two years each and until their respective successors are duly elected and qualified. Candidates for such offices shall designate, at the time they qualify as candidates, which post they seek. Candidates elected to the offices of mayor or councilman in such city elections shall take office on the first day of January following such election. Said elections shall be held under the law as to the regulation of the same as now provided in the charter of the City of Cobbtown. Terms. Section 2. This Act shall become effective on February 1, 1976. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3568

Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced in the 1975 regular session of the General Assembly of Georgia changing the method and term of the Mayor and City Council of Cobbtown, Georgia, and for other purposes, such as the staggering of Mayor and Councilmen. Eurel Sikes, Mayor, City of Cobbtown, Georgia Ronnie Funderburke, Clerk, City of Cobbtown, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who, on oath, deposes and says that he is Representative from the 107th 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: December 19, 26, 1974 and January 2, 1975. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 22nd day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3569

CITY OF DANIELSVILLECHARTER AMENDEDTERMS CHANGED. No. 289 (House Bill No. 592). An Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, approved February 16, 1949 (Ga. L. 1949, p. 587), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 2370), so as to change the term of office of the mayor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending, consolidating and superseding the several Acts incorporating the City of Danielsville and providing a new charter therefor, approved February 16, 1949 (Ga. L. 1949, p. 587), as amended, particularly by an Act approved March 3, 1964 (Ga. L. 1964, p. 2370), is hereby amended by striking from section 7 the following: The mayor shall serve for a term of office of one (1) year and until his successor is duly elected and qualified., and inserting in lieu thereof the following: Effective with the mayor elected in 1975, the mayor shall serve for a term of office of two (2) years and until his successor is duly elected and qualified., so that when so amended section 7 shall read as follows: Section 7. On the second Tuesday in December, 1964, there shall be held an election for mayor and councilmen. Those two candidates for councilmen who are elected to the council and who receive the highest number of votes cast in such election shall serve for a term of office of two (2) years and until their successors are duly elected and qualified. Those two (2) candidates for councilmen receiving the next highest number of votes shall be elected to the council and shall serve for a term of office of one (1) year

Page 3570

and until their successors are duly elected and qualified. Thereafter, all councilmen elected in subsequent elections shall serve for a term of office of two (2) years and until their successors are duly elected and qualified. Effective with the mayor elected in 1975, the mayor shall serve for a term of office of two (2) years and until his successor is duly elected and qualified. The mayor and councilmen shall take office on the first Monday in January in the year following their election. On the first Monday in January, after said election the newly elected mayor and councilmen-elect shall meet in the city hall or other designated place in said city and then and there severally take, before some officer authorized to administer oaths under the laws of Georgia, the following oath of office, to wit: `I do solemnly swear that I will well and truly demean myself as mayor (or councilman as the case may be) of the City of Danielsville for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God.' Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings, as the business of the city may require, which special or called meetings, shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in the case of vacancies in the council and by the councilmen in the case of a vacancy in the office of mayor, and persons so elected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed twelve months. Terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Legislation. Notice is hereby given that the City of Danielsville, Madison County, Georgia, intends to apply for the passage of

Page 3571

local legislation at the next session of the General Assembly of Georgia, convening in January, 1975, amending the Act creating a charter for the City of Danielsville, Georgia (Ga. L. 1949, p. 587 et seq.), as amended, so as to change the term of the mayor of said city from One year to a term of Two years; and for other purposes. This January 7, 1975. Landys McClellan, Clerk, City of Danielsville Georgia, Madison County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared Jere C. Ayers, who, being duly sworn, on oath deposes and says that he is the publisher of The Danielsville Monitor, the newspaper in which sheriff's advertisements are published in Madison County, Georgia, and that the foregoing notice of intent to apply for local legislation was published in The Danielsville Monitor on January 10, 17 24, 1975. /s/ Jere C. Ayers Sworn to and subscribed before me, this 24th day of January, 1975. /s/ Felix P. Graham Notary Public, Georgia State at Large. My Commission Expires October 4, 1975. (Seal). Approved April 17, 1975. CITY OF HELENCHARTER AMENDEDTAX OF ALCOHOLIC BEVERAGES AUTHORIZED, ETC. No. 290 (House Bill No. 594). An Act to amend an Act providing a new charter for the City of Helen, approved April 28, 1969 (Ga. L. 1969, p.

Page 3572

3978), as amended, so as to authorize the governing authority to exercise the power of eminent domain; to change the provisions relating to the city clerk; to authorize the governing authority to regulate and tax the sale of alcoholic beverages; 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 Helen, approved April 28, 1969 (Ga. L. 1969, p. 3978), as amended, is hereby amended by striking the last sentence of the first paragraph of section 2.08 and inserting in lieu thereof a new sentence to read as follows: In all instances, the clerk and treasurer must be a resident and citizen of White County. Section 2. Said Act is further amended by adding between sections 4.03 and 4.04 a new Section, to be designated section 4.03.1, to read as follows: Section 4.03.1. 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, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Code Chapter 36-202 subject to such amendments as shall be enacted, or any other applicable Georgia law. Section 3. Said Act is further amended by adding between sections 5.01 and 5.02 a new section, to be designated section 5.01.1, to read as follows: Section 5.01.1. Regulation of Alcoholic Beverages. The council is hereby authorized to levy taxes on, to provide license fees for and to regulate the sale of malt beverages,

Page 3573

wine and other alcoholic beverages as permitted by the general laws of this 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 local legislation will introduce in the 1975 regular session of the General Assembly of Georgia, The City of Helen, Georgia, to amend the City Charter and conflicting laws and for all other purposes. This 9th day of December, 1974. Robert L. Fowler Mayor, City of Helen 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 Cleveland Courier which is the official organ of White County, on the following dates: December 20, 24, 1974 and January 3, 1975. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 11th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3574

HALL COUNTYBOARD OF COMMISSIONERSTERMS CHANGEDREFERENDUM. No. 291 (House Bill No. 608). An Act to amend an Act creating a board of commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 7, 1966 (Ga. L. 1966, p. 3305), so as to stagger the terms of the members of the board; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved March 7, 1966 (Ga. L. 1966, p. 3305), is hereby amended by striking from section 3 that paragraph which reads as follows: The five members of the board shall be elected at the general election in 1968 and shall take office January 1, 1969, for a term of four years and until their successors are elected and qualified. Successors shall be elected at the general election each four years thereafter and shall likewise 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., and substituting in lieu thereof the following: The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election. Those candidates who are elected to represent Commissioner Districts 1 and 3 in the 1976 general election shall serve for terms of office of two years and until their successors are duly elected and qualified. Thereafter their successors shall be elected to terms of office of four years and until their successors are duly

Page 3575

elected and qualified. Otherwise, the terms of office of the members of the board shall be for four years and until their successors are duly elected and qualified. Terms. Section 2. It shall be the duty of the election superintendent of Hall County to issue the call for an election for the purpose of submitting this Act to the electors of Hall County for approval or rejection. The superintendent shall set the date of such election for that date upon which the general primary shall be conducted within Hall County in 1976. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Hall County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for staggered terms for members of the board of commissioners of Hall County be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Hall County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February, 1975 Session of the General Assembly of Georgia, a bill to provide for staggered terms of

Page 3576

the members of the Board of Commissioners of Hall County; and for other purposes. This 9th day of January, 1975. Howard T. Overby, Senator Joe T. Wood, Representative Doug Whitmire, Representative Jerry Jackson, Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times which is the official organ of Hall County, on the following dates: January 10, 17, 24, 1975. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 29th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3577

NEWTON COUNTY BOARD OF EDUCATIONRECONSTITUTED, ETC.REFERENDUM. No. 292 (House Hill No. 625). An Act reconstituting the County Board of Education of Newton County as a five-member board appointed as provided in the Constitution and general laws of this State; to provide for the initial appointments and subsequent appointments to the board; to provide for the election of the County School Superintendent of Newton County as provided in the Constitution and general laws of this State; to provide for the election and term of the initial county school superintendent elected under this Act; to provide for a special election; to provide for subsequent elections and terms of office; to repeal a specific Act; to provide for the law applicable to the County Board of Education and County School Superintendent of Newton County; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. On January 1, 1977, the County Board of Education of Newton County shall be reconstituted as a fivemember board, appointed as provided in Article VIII, Section V, Paragraph I of the Constitution and the general laws of this State. The regularly scheduled grand jury which shall convene prior to January 1, 1977, shall appoint the initial members of the reconstituted county board of education to terms that will provide for the expiration of the term of one member of the board each year. Thereafter, appointments shall be made as provided in Article VIII, Section V, Paragraph I of the Constitution and the general laws of this State. Section 2. On January 1, 1977, a County School Superintendent of Newton County, elected as provided in Article VIII, Section VI, Paragraph I of the Constitution and the general laws of this State, shall take office. The county school superintendent taking office on January 1, 1977,

Page 3578

shall be elected at a special election to be called by the county election superintendent and held on a date prior to January 1, 1977, which will allow the elected county school superintendent to take office on January 1, 1977. The county school superintendent so elected shall serve a term ending on December 31, 1980. At the general election in 1980, and every four years thereafter, a county school superintendent shall be elected to a term of four years beginning on January 1 of the year following the election as provided in Article VIII, Section VI, Paragraph I of the Constitution and the general laws of this State. Superintendent. Section 3. An Act creating a new Board of Education of Newton County, approved March 13, 1967 (Ga. L. 1967, p. 2405), as amended by an Act approved April 1, 1971 (Ga. L. 1971, p. 2881), is hereby repealed in its entirety. The County Board of Education and the County School Superintendent of Newton County shall be subject to the provisions of and function in accordance with the provisions of Article VIII, Section V, Paragraph I, and Article VIII, Section VI, Paragraph I of the Constitution and the general laws of this State. Section 4. Subject to the approval of this Act as provided in section 5, section 3 of this Act shall become effective on January 1, 1977. The current County Board of Education of Newton County and the County School Superintendent of Newton County shall continue in office until January 1, 1977. Sections 1, 2 and 4 of this Act shall become effective upon approval of this Act as provided in Section 5. The members of the reconstituted County Board of Education of Newton County and County School Superintendent of Newton County shall take office on January 1, 1977. Section 5 of this Act shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law without his approval. Effective date. Section 5. 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 election superintendent of Newton County to issue the call for an election for the purpose of submitting this Act to the electors

Page 3579

of Newton County for approval or rejection. The superintendent shall set the date of such election for September 10, 1975. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Newton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the appointment of a five-member County Board of Education of Newton County, providing for the election of the County School Superintendent of Newton County, and repealing the existing local law relative to the County Board of Education and the County School Superintendent of Newton County be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in section 4, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Newton County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a bill to amend an Act providing for a new board of education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, so as to provide for the election of the county school superintendent; to provide the compensation of the school superintendent, to provide the

Page 3580

duties of the school superintendent; to provide for other matters related to the foregoing; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. This 9th day of Jan., 1975. Bobby Sigman Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Sigman who, on oath, deposes and says that he is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following dates: January 9, 16, 23, 1975. /s/ Bobby Sigman Representative, 74th District Sworn to and subscribed before me, this 28th day of January, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF WARWICKNEW CHARTER. No. 293 (House Bill No. 627). An Act to provide a new Charter for the City of Warwick, Georgia, in the County of Worth; to provide for the incorporation

Page 3581

and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for general provisions; to provide for other matters relative thereto; to provide for specific repeal; 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: ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of Warwick, repealing and replacing the charter provided by an Act of the General Assembly approved August 8, 1922 (Ga. L. 1922, p. 1065), as amended. The City of Warwick, Georgia, in the County of Worth and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Warwick, 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. Corporate Boundaries. (a) The corporate boundaries of the City of Warwick 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 Warwick, at all times, shall be shown on a map to be retained permanently in the city hall and to be designated: Warwick, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the mayor. Photographic or other copies of such may certified by the mayor shall be admitted

Page 3582

in evidence in all courts and shall have the same force and effect as with the original map. (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 1.12. Specific Powers. The corporate powers of the government of the City of Warwick, 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; 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 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

Page 3583

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 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, penalties and withdrawal of service for refusal or failure to pay same; and to fix 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 30 years; and to prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations of the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or 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, public buildings, recreational facilities, cemeteries, markets and market houses, libraries, sewers, drains,

Page 3584

sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the 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 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 housing, plumbing, electrical, gas and heating and air-conditioning codes; 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 riots and public disturbances; (16) to regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors, the use and sale of firearms, 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, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise; (18) to license, tax, regulate or prohibit professional fortune telling or palmistry;

Page 3585

(19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shurbs, 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; to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum. card-board, paper and other recyclable materials and 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 in the city and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges, taxes or fees;

Page 3586

(26) to levy a fee or charge a sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system; 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 change 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, conduct, practice 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 municipal court may work out such sentence in any public works or on the streets, roads, drains and squares in the city or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;

Page 3587

(33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the City of Warwick which, while not constituting offenses against the laws of this State, are deemed by the governing authority of the city 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 fowls; to provide for the impoundment of same if in violation of any ordinance; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (35) to regulate the operation of motor vehicles; and to 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 to provide for the collection of special assessments to cover the costs of 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;

Page 3588

(40) to create, alter or abolish departments, boards, offices, commissions and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) to make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof and for preserving the health, 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; 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.

Page 3589

Section 1.13. General Powers. In addition to all other powers herein granted, the City of Warwick 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, 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. ARTICLE II GOVERNING BODY Section 2.10. Creation, Composition, Number, Election. The legislative authority of the government of the City of Warwick, 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 Qualifications of Office. The members of the council shall serve for two years and until

Page 3590

their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he: (1) has been a resident of the city for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) continues to reside within the city during his period of service; (3) is registered and qualified to vote in municipal elections of the City of Warwick; and (4) meets 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) The 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) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) 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 shall receive as compensation for his services the amount of $100.00 a year. The mayor pro tem. shall receive as compensation for his services the amount of $75.00 per year. The councilmen shall receive as compensation for their services the amount of $50.00 a year. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions. (a) 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.

Page 3591

(b) Neither the mayor nor any councilman 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 this charter, the council shall be vested with all the powers of government of the City of Warwick 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 Warwick and may enforce such ordinances by imposing penalties for violation thereof. Section 2.20. Chief Executive Officer. The mayor shall be the chief executive officer of the City of Warwick. He shall possess, have and exercise all of the executive and administrative powers granted to the city under the Constitution, the laws of the State of Georgia and all the executive and administrative powers contained in this charter. Section 2.21. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (b) be the official head of the city for the service of process and for ceremonial purposes;

Page 3592

(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 sign all other contracts and instruments executed by the city which by law are required to be in writing; (e) see that all laws and ordinances of the city are faithfully executed; (f) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (g) 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; (h) 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; (i) call special meetings of the council as provided for in section 2.31 (b) of this charter; (j) examine and audit all accounts of the city before payment; (k) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (l) vote only in case of a tie vote among the councilmen; (m) perform other duties as may be required by law, this charter or ordinance. Section 2.22. 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

Page 3593

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 2.30. Organization Meeting. (a) The council shall meet for organization on the first Tuesday in January. 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 that I will well and truly perform the duties of (mayor or councilman as the case may be) of the City of Warwick 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) Following the induction of new 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 one year 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 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 residences 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 meeting and attendance at the meeting shall also constitute waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting

Page 3594

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. 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 the keeping of a journal of its proceedings, which journal shall be a public record. Section 2.33. Quorum, Voting. Three councilmen or the mayor and two 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. Any member of the council shall have the right to request a roll call vote. The affirmative vote of three 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 Warwick 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, that ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. Section 2.35. Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace,

Page 3595

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 ordinance generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three 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 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 may be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.37. Signing, Authenticating, Recording; Codification; Printing. (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption.

Page 3596

(b) The council shall provide for the preparation of a general codification of all of the ordinances of the city. The general codification shall be adopted by the council by ordinance and shall be published promptly with all amendments thereto, 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 Warwick, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and shall be 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 following its adoption. Following publication of the first Code of the City of Warwick 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 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 it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment and may transfer, change, add to or detract from the functions or duties of office, positions of employment, departments and agencies of the city.

Page 3597

(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 for 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 councilmen. (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 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 appointed officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. Section 3.11. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities shall be appointed by the council for such terms of office and in such manner of appointment as provided by ordinance except where other appointing authority, terms of office or manner of appointment is prescribed by this charter or by state law. (b) 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. (c) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk an oath of office as follows:

Page 3598

I do solemnly swear that I will faithfully and impartially perform the duties of (name office) and that I will support and defend the Charter of the City of Warwick. The oath shall be administered by the mayor. (d) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the council. (e) Members of boards, commissions and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards, commissions and authorities shall be as prescribed by the mayor and council. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission or authority of city government shall elect one of its members as 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 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 said bylaws, rules and regulations shall be filed with the city clerk. 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 to the city manager any of the administrative or budgetary duties of the mayor. Section 3.30. City Attorney. The council may appoint a city attorney together with such assistant city attorneys as may be authorized by ordinance. The council shall provide for the payment of such attorney or attorneys for services

Page 3599

rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the councilmen, 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 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.41. City Tax Collector. The council may appoint a city 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. 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 and may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.50. Position Classification and Pay Plan. The council may prepare a position classification and pay plan. Said plans may apply to all employees of the City of Warwick and to 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.

Page 3600

Section 3.51. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, 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 Warwick. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation of Municipal Court. There is hereby established a court to be known as the Municipal Court of the City of Warwick 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; to punish also any person who may counsel, advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases 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 judge of said court. Section 4.11. Judge. (a) The judge shall be appointed by the council. (b) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The

Page 3601

judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (c) The judge pro tem. shall serve in the absence or disqualification of the judge, shall be appointed by the council, shall take the same oath as the judge and shall exercise the same powers and duties as the judge when acting in the judge's stead. (d) Before entering on the duties of his office, the judge shall take an oath before the mayor 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 Warwick 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 $100.00 or 10 days in jail, or both. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 30 days, or both. As an alternative to fine or imprisonment, the court may sentence any offender to labor in a city work gang or on the streets, sidewalks, squares or other public works for a period not exceeding 60 days. (b) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of state law. (c) The municipal court shall have the 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, personal property

Page 3602

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 shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, forfeited to the City of Warwick 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, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Warwick 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 Worth 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 probate court; provided, however, that any person who

Page 3603

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. 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 and operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, and shall be available for public inspection. 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 Section 5.10. Regular Elections; Time for Holding. The mayor and councilmen serving on the effective date of this Act shall hold their offices for the terms for which they were elected and until their successors are elected and qualified under the provisions of this Act. On the first Wednesday in December of even-numbered years, an election shall be held for city council posts one and two which expire in said year. On the first Wednesday in December of odd-numbered years, an election shall be held for mayor and for city council posts three and four which expire in said year. 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 Article II, 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

Page 3604

votes and such other rules and regulations as may be necessary for the conduct of elections in the City of Warwick. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Warwick as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, as now or hereafter 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 balance of the unexpired term of such office; provided, however, that if such vacancy occurs within six months of the expiration of the term of office, said vacancy 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, as now or hereafter amended. Section 5.30. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (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) wilful 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.

Page 3605

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 three-fourths vote of the entire membership of the council. In the event an elected officer is sought to be removed by action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Worth County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed with the Superior Court of Worth County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.10. 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 Warwick. 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 real and personal property within the corporate limits of the city for the purpose of raising revenue to defray the costs of operating the city government, providing governmental services and for any other public purpose as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Warwick is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104 inclusive.

Page 3606

Section 6.12. Tax Due Dates and Tax Bills. The council shall provide by ordinance when the taxes of the city shall fall due, in what length of time said taxes may be paid, that they may be paid in installments or in one lump sum, and when, how and upon what terms such taxes shall be due and payable. The council may also 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 police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which 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 shall have full power to levy by ordinance such license and specific or occupation taxes upon the residents of Warwick, both individual and corporate, and on all those who transact or offer to transact any 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 manner; 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.

Page 3607

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 Warwick to provide for the cost and expense of furnishing the collection and disposal of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served. Said lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.16. Sanitary and Health Services Charge. The council shall have the authority by ordinance to provide for, enforce, levy and 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 the City of Warwick and 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. Said lien 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 30 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

Page 3608

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. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes as provided for in this Article. 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 governing 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 regarding sales and transfers of tax fi. fas.; provided, however, 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 accordance 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 6.20. General Obligation Bonds . The council shall have the power to issue bonds to raise revenue for any project, program or venture authorized under this charter or the general laws of this 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 Georgia law as now or hereafter amended.

Page 3609

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. 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 and every office, department, institution, agency and activity of the city government unless otherwise provided by state or federal law. Section 6.31. Preparation of Budgets . The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program and a capital budget including requirements as to scope, content and form of such budgets and programs. Section 6.32. Property Tax Levies . The council shall levy by ordinance an annual tax on all real and personal property within the City of Warwick. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levies 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 any annual operating budget which the council may adopt. Section 6.33. 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. Section 6.40. Contracting Procedures . All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced in writing and approved by the council. Section 6.41. Centralized Purchasing . (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Warwick.

Page 3610

(b) The council may sell and convey any real or personal property owned or held by the City of Warwick for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption by the council 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. (d) 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 GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees, both elected and appointed, of the City of Warwick shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Warwick not inconsistent with the provisions of this charter shall

Page 3611

continue in effect until they have been repealed, modified or amended by the city council. Existing rules and regulations of departments or agencies of the City of Warwick not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Penalties. The violations of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and punishable by a fine of not more than $500.00 or by imprisonment not to exceed 30 days, or both. Section 7.13. Specific Repealer. An Act incorporating the City of Warwick in the County of Worth, approved August 8, 1922 (Ga. L. 1922, p. 1065), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.14. Severability. If any article, section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 7.15. Effective Date. This charter shall become effective on May 1, 1975. Section 7.16. 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 in the 1975 Regular Session of the General Assembly of Georgia a bill to provide a new charter for the City of Warwick,

Page 3612

Georgia. To provide for all matters relative thereto and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore who, on oath, deposes and says that she is Representative from the 136th 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: December 26, 1974 and January 2, 9, 1975. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 12th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. JEFFERSONSUPERIOR COURT CLERK PLACED ON SALARY. No. 294 (House Bill No. 631). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Jefferson 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

Page 3613

for the payment of the operating expenses of said office; to provide for the employment of certain 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 Jefferson 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 of Jefferson County shall receive an annual salary of not less than $12,200.00 nor more than $15,000.00, such amount to be determined within the discretion of the governing authority of Jefferson County and to be payable in equal monthly installments from county funds. The salary provided for in this Section shall be the total salary for all duties performed by the clerk as required by law. 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 perquisities 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 payments into the county treasury, the Clerk of the Superior Court of Jefferson County 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 Clerk of the Superior Court of Jefferson County shall have the authority to appoint a Deputy Clerk

Page 3614

who shall receive an annual salary of not less than $5,500.00 nor more than $7,500.00. The Clerk may also appoint a parttime assistant as he shall deem necessary. The Clerk shall, from time to time, recommend to the governing authority of the court the 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 of Jefferson County, during his term of office, to designate and name the person or persons who shall be employed as such deputy or assistant, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Personnel. Section 5. The necessary operating expenses of the Clerk of the Superior Court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities uniforms, vehicles and equipment, and the repair, replacement 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 Jefferson County. Expenses. Section 6. This Act shall become effective on January 1, 1977. 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 a bill, or bills, will be introduced in the General Assembly of Georgia at the 1975 Regular Session thereof to place on salary the Clerk of Superior Court of Jefferson County. To require that all fees collected by such Clerk be paid into the County Treasury to provide

Page 3615

for employment and compensation of personnel in the office of such Clerk, and for other purposes. This 20th day of January, 1975. E. E. Bargeron Representative District 83 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: January 23, 30, and February 6, 1975. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. JEFFERSON COUNTY STATE COURTSALARY OF JUDGE CHANGED, ETC. No. 295 (House Bill No. 632). An Act to amend an Act creating the State Court of Jefferson County (formerly known as the City Court of Louisville),

Page 3616

approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, particularly by an Act approved March 16, 1973 (Ga. L. 1973, p. 2292), 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, particularly by an Act approved March 16, 1973 (Ga. L. 1973, p. 2292), 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 $5,000.00 nor more than $6,000.00 per annum to be paid in equal monthly installments, and the solicitor of said court shall be compensated in an amount not less than $4,000.00 nor more than $5,000.00 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 a bill, or bills, will be introduced in the General Assembly of Georgia at the 1975 Regular Session thereof to amend the act creating the State Court of Jefferson County as previously amended. To change the provisions of law as to compensation of the Judge and

Page 3617

the Solicitor of the State Court of Jefferson County, and for other purposes. This 20th day of January, 1975. E. E. Bargeron Representative, District 83 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron who, on oath, deposes and says that he is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News and Farmer and Wadley Herald which is the official organ of Jefferson County, on the following dates: January 23, 30 and February 6, 1975. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF CUSSETANEW CHARTER. No. 296 (House Bill No. 635). An Act to provide a new charter for the City of Cusseta, Georgia; to provide that this Act shall repeal and replace

Page 3618

the charter provided by an Act approved August 16, 1920 (Ga. L. 1920, p. 884), as amended; 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 City of Cusseta 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 for 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 procedures, requirements 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:

Page 3619

ARTICLE I CHARTER, DEFINITIONS, CORPORATE LIMITS AND CORPORATE POWERS Section 1.01. Charter. This Act shall constitute the whole charter of the City of Cusseta, Georgia, repealing and replacing the charter provided by an Act approved August 16, 1920 (Ga. L. 1920, p. 884), as amended. The City of Cusseta, Georgia, in the County of Chattahoochee, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of Cusseta, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02. Definitions. As used in this Act the following words and terms shall have the following meanings: (a) City shall mean the City of Cusseta, Georgia. (b) Councilman shall mean a person elected to the city council as provided in this Act. Member of the council shall mean the mayor and each councilman. (c) Nonpartisan shall mean without any designation of candidates and members or candidates of any State or national political party or organization. (d) At large shall mean the entire city, as destinguished from representation by wards or other districts. (e) Public way shall mean any land used by the public as a passage way, including but not limited to streets, roads, highways, expressways, freeways, boulevards, avenues, parkways, alleys, lanes, sidewalks, walks, bridges, viaducts, subways, underpasses, tunnels, and other thoroughfares, and including the rights-of-way of such public ways.

Page 3620

(f) 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. (g) 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. (h) Elector shall mean a person residing within the city who is qualified to vote therein. (i) The masculine shall include the feminine and the singular shall include the plural and vice versa. (j) The word shall is mandatory; may is permissive. Section 1.03. Corporate limits. The corporate limits of the City of Cussea shall be the same as those existing on January 1, 1975. 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. (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.

Page 3621

(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 thirty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor. (i) To regulate the rates and services of public utilities insofar as not in conflict with such regulation by the State Public Service Commission or other similar State or Federal agency having jurisdiction in such matters. (j) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements, inside or outside the city, and to regulate the use thereof, 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

Page 3622

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

Page 3623

(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. 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 said city, not inconsistent with this Act, or hereby declared valid and of force until amended or repealed by said mayor and councilmen of said city.

Page 3624

ARTICLE II CITY COUNCIL Section 2.01. Election of mayor and councilmen. On the first Saturday in December 1975, a nonpartisan election shall be conducted by the city election managers, at the same hours and places for holding general elections and under the general election laws of the State, to elect a mayor and four councilmen from the city at large. Any elector may be qualified as a candidate by submitting to the mayor or other chief executive officer of the municipality, at least fifteen days in advance of the regular election, a petition nominating him. Each elector shall be entitled to vote for one candidate for mayor in the first election and in each election held at three-year intervals thereafter. Each elector shall be entitled to vote for four candidates for councilman in the first election, and for two candidates for councilman in subsequent annual elections. In the first election the two candidates for councilman receiving the highest number of votes and the mayor shall be elected for terms of three years, and the two candidates for councilman receiving the next highest number of votes shall be elected for terms of two years. Thereafter, annual elections shall be held on the first Saturday in December in each year to elect in the same manner the prescribed number of councilmen for three-year terms. The terms of office of the mayor and councilmen shall begin at 12:01 a.m. on the first Monday in January next following their election, and they shall serve until their successors have been elected and qualified. The terms of office of all present councilmen of the city shall terminate and end at 12:01 a.m. on the first Monday in January 1976. No informality shall invalidate such an election, provided it is conducted fairly and in substantial conformity with the requirements of this Act and the general election laws of the State. 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

Page 3625

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 four councilmen shall compose the city council, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this Act. The council shall be the final judge of the election and qualifications of its members. The city council shall be authorized to fix the compensation and allowances of the mayor and councilmen, 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. The council may subpoena and examine witnesses, to order the production of books and papers, and to have the same powers as a circuit court to punish for refusal to obey such an order or subpoena or for disorderly or contemptuous behavior in the presence of the council. Section 2.04. Mayor as presiding officer. The mayor shall preside at all meetings of the city council and shall have veto

Page 3626

power and may veto any ordinance or resolution of the city council in which event the same shall not become a law or enforceable unless subsequently passed over his veto by a vote of at least three councilmen on a yea or nay vote, duly recorded in the minutes of said council. The mayor shall reduce his veto to writing and file the same with the clerk within four days after the passage of the measure vetoed. 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 this Act or a violation of the election laws of the State. The council shall appoint a qualified person to fill such a vacancy for the remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for fifteen days, the mayor or vice mayor in case of a vacancy in the office of mayor, shall appoint a qualified person to fill the vacancy. At no time shall there be more than two members so appointed holding office, and if a vacancy occurs with two members so appointed on the council, a special election shall be held by the city

Page 3627

election managers on the eighth Saturday 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; provited 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.

Page 3628

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 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 a 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, positions of employment, departments, and agencies of the city, subject to the following exceptions:

Page 3629

(a) the number of members and authority of the council, as provided in this Act, shall not be changed; (b) all officers and employees of the city, except as otherwise specifically provided in this Act, shall be appointed and removed by and shall be under the direction and control of the mayor; 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 atttorney, 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,

Page 3630

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 mayor shall serve as city judge. 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, forefeitures, 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 of Chattahoochee County. 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, may be the prosecuting officer of the court. Section 3.05. City court clerk. The council may authorize a city court clerk and other personnel, to assist and to be appointed and removed by the city judge, to perform such duties as may be prescribed by ordinance or by the city judge. Section 3.06. Other officers and employees. 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 2.12 of this Act, but in any event, the mayor may require officers and employees of the city, except those appointed by and accountable to the council,

Page 3631

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. 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 ordinance of the City of

Page 3632

Cusseta, 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 party or political purpose from any officer or employee of the city. An officer or employee of the city, other than the mayor and councilmen, shall not make any contribution to the campaign funds of any candidate in any city election, and shall not take any part in the management, affairs or political campaign of any city election, other than in the exercise of his rights as a citizen to express his opinions and to cast his vote. Any person who by himself or with others willfully or corruptly violates any provision of this section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not more than

Page 3633

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 or 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 calendar year of the city government shall begin on the first day of January and shall end on the thirty-first day of December of such 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 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

Page 3634

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, 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

Page 3635

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. The council by ordinance may elect to use the county assessment or may provide for an independent city assessment, as provided by Georgia law. If an independent city assessment is made, a board of equalization, consisting of three persons appointed by the council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the city assessor has sent a notice by ordinary mail of a new or increased assessment; provided that such notice shall not be required nor may appeals be taken in the case of initial city assessments that are the same as county assessments. Except as otherwise provided in this Section, appeals involving city property assesssments may be taken as provided by general law. The board of equalization may increase or decrease the assessment of all property of the same class by a uniform percentage, in which case individual notices shall not be mailed but a notice of such action shall be published once in the official city newspaper; such a blanket increase or decrease shall not be subject to appeal. The authority and duties of such city assessing personnel shall be the same as those provided by general law for county assessing personnel. The city assesssor shall meet with and assist the board of equalization. The board of equalization, upon completion of its work, shall submit a written report to the council, including total increases and decreases made by it and the final total assessment of each class of property. Section 4.08. 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 rate

Page 3636

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 semiannual installments. The city shall send tax bills to taxpayers, showing the assessed valuations, amounts of taxes due, tax due dates, and information as to delinquency dates and penalties. Failure to send tax bills shall not, however, invalidate any tax. Property taxes shall become delinquent thirty days after a due date, at which time a penalty of five percent (5%) shall be added and thereafter such taxes shall be subject to interest at the rate of one-half of one percent ( of 1%) for each month or fraction thereof until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Section 4.10. Collection of delinquent taxes . The council may provide by ordinance for the collection of delinquent taxes by distress warrants isssued 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 both, 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

Page 3637

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. Disbursements by checks . All disbursements shall be made by checks signed in such manner as provided by ordinance. 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 filing a claim shall be one hundred and twenty days. No officer or employee of the city may waive this requirement. Section 5.02. General laws may be used . The council in its discretion may elect to use the provisions of any general

Page 3638

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 thousand dollars ($1,000.00), or by imprisonment not to exceed one year, or by both such fine and imprisonment. Section 5.04. Severability. If any article, section, subsection, paragraph, sentence, or part thereof, of this Act shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Act unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Act that each article, section, subsection, paragraph, sentence, or part thereof, be enacted separately and independently of each other. Section 5.05. Effective date. This Act shall be effective on and after July 1, 1975. Section 5.06. Notwithstanding any other provisions herein contained, this Act is not intended to and shall not be applicable to regulation of or over the property, activity, rates, services or operations of any electric supplier (as defined in the Georgia Territorial Electric Service Act, Ga. L. 1973, p. 200.) Section 5.07. 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 1975 Session of the General Assembly of Georgia, a bill to provide a new charter for the City of Cusseta,

Page 3639

Georgia; to provide for all matters relative thereto; and for other purposes. This 8th day of January, 1975. J. E. Smith, III Mayor Cusseta, Georgia 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 111th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer which is the official organ of Chattahoochee County, on the following dates; January 16, 23, 30, 1975. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 12th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF WALTHOURVILLECHARTER AMENDEDELECTION PROVISIONS CHANGED. No. 297 (House Bill No. 648). An Act to amend an Act incorporating the City of Walthourville, approved March 22, 1974 (Ga. L. 1974, p. 2705),

Page 3640

so as to change certain provisions relating to City elections; 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 Walthourville, approved March 22, 1974 (Ga. L. 1974, p. 2705), is hereby amended by striking from section 5-1 the following: of each even-numbered year, and inserting in lieu thereof the following: ,1974, and every four years thereafter, so that when so amended, section 5-1 shall read as follows: Section 5-1. Time for Holding Elections. The regular elections for mayor and councilmen shall be held on the first Wednesday in December, 1974, and every four years thereafter. 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 1975 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Walthourville, approved March 22, 1974 (Ga. L. 1974, p. 2704), so as the change certain provisions relating to city elections; and for other purposes. This 13th day of December 1974. Donald H. Fraser Representative, 139th District

Page 3641

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 139th 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 16, 23, 30, 1975. /s/ Donald H. Fraser Representative, 139th District Sworn to and subscribed before me, this 12th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TOWN OF ALLENHURSTCHARTER AMENDEDELECTION PROVISIONS CHANGED, ETC. No. 298 (House Bill No. 649). An Act to amend an Act incorporating the Town of Allenhurst, approved April 8, 1965 (Ga. L. 1965, p. 3342), so as to change the terms of office of the mayor and councilmen, and the provisions relating to town elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Allenhurst, approved April 8, 1965 (Ga. L. 1965, p. 3342), is hereby

Page 3642

amended by striking section 8 in its entirety, and inserting in lieu thereof a new section 8, to read as follows: Section 8. On the first Tuesday in December, 1975, and on the first Tuesday in December each four years thereafter, there shall be elected a mayor and three councilmen for said town by the qualified registered voters therein. Each of said officers shall be elected to serve a term of four years from January 2 of the year following such election or until their successors are elected and qualified. Any candidate for the post of mayor or councilman shall announce which position he shall stand for and the candidate receiving the most votes for each position shall be declared the winner of that particular position. Such official shall be elected by a plurality of the vote cast for such position in the election held for such purpose. The persons so appointed, as above provided, and thereafter elected as herein provided as mayor and councilmen of said town 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 truly perform the duties of mayor (or councilman, 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 the Town of Allenhurst and the common interest thereof. So help me God.' Such oath shall be filed with the town clerk, who shall spread the same upon the minutes of the meetings of the town council, next following such filing, unless such oath is filed during a regular meeting of the said town council, in which latter case such oath shall be spread upon the minutes of the meeting then in session. Election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Allenhurst,

Page 3643

approved April 8, 1965 (Ga. L. 1965, p. 3342), so as to change the terms of office of the mayor and councilmen and the provisions relating to town elections; and for other purposes. This 9th day of January 1975. Donald Fraser Representative, 139th District 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 139th 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 16, 23, 30, 1975. /s/ Donald H. Fraser Representative, 139th District Sworn to and subscribed before me, this 12th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3644

McINTOSH COUNTYSALARIES OF DEPUTY SHERIFFS CHANGED. No. 299 (House Bill No. 650). An Act to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of McIntosh County upon an annual salary, approved April 5, 1965 (Ga. L. 1965, p. 3239), as amended, so as to change the provisions relating to the compensation of deputy sheriffs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of McIntosh County upon an annual salary, approved April 5, 1965 (Ga. L. 1965, p. 3239), as amended, is hereby amended by striking from section 7 the following: not to exceed $8,000.00 per annum, with the approval of, and inserting in lieu thereof the following: an amount to be agreed upon by, so that when so amended, section 7 shall read as follows: Section 7. The sheriff shall be authorized to employ three full time deputies and to fix their compensation at an amount to be agreed upon by the governing authority of McIntosh County, payable in equal monthly installments from the funds of McIntosh County for each such deputy. The sheriff shall also be authorized to employ two part time deputies when, in his discretion, he deems such part time deputies necessary to carry out the official duties of his office. The governing authority of McIntosh County may fix the compensation of such part time deputies at not to exceed $2,400.00 per annum, payable monthly from the funds of McIntosh County for each such deputy. The funds

Page 3645

authorized by this Section shall be available and shall be used only for the purposes herein provided. Such full time deputies and part time deputies shall serve at the pleasure of the sheriff. 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 1975 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of McIntosh County on an annual salary, approved March 5, 1965, (Ga. L. 1965, p. 239), as amended, so as to change the provisions relating to the compensation of deputy sheriffs; and for other purposes. This 3rd day of January, 1975. Donald H. Fraser Representative, 139th District 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 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of McIntosh County, on the following dates: January 16, 23, 30, 1975. /s/ Donald H. Fraser Representative, 139th District Sworn to and subscribed before me, this 12th day of February, 1975.

Page 3646

/s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF CHATSWORTHCHARTER AMENDEDSALE OF CERTAIN CITY PROPERTY AUTHORIZED, ETC. No. 300 (House Bill No. 655). An Act to amend an Act creating a new charter for the City of Chatsworth, approved August 18, 1923 (Ga. L. 1923, p. 529), as amended, so as to authorize the sale or lease of a certain tract of city-owned property; to confirm certain sales of city-owned property; 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 creating a new charter for the City of Chatsworth, approved August 18, 1923 (Ga. L. 1923, p. 529), as amended, is hereby amended by inserting following section 44 a new section, to be known as Section 44A, to read as follows: Section 44A. The mayor and aldermen of the City of Chatsworth, Georgia, shall be authorized and empowered to sell or lease, for a consideration to be agreed upon by the mayor and aldermen and the purchaser or lessee, the entire block of DeSoto Park lying and being between Fort Street and Market Street, as shown on the official map of the Chatsworth Land Company, which is of record in the office of the clerk of the superior court of Murray County, Georgia, in deed book no. 4, page 44. The entire proceeds from such sale or under such lease shall be placed by the city in a special fund, to be disbursed only for the operation, maintenance,

Page 3647

expansion or improvement of youth or recreational facilities of the City of Chatsworth, Georgia. In the event said city does not so specially allocate and disburse such proceeds, the interest of any purchaser or lessee, or of any successor in interest of either, of said land shall not be affected. Section 2 . The sale or lease of that portion of DeSoto Park, provided for in section 1 of this Act, is hereby confirmed. Any prior disposition of said property in accordance with the terms of the provisions of section 1 of this Act shall be a valid disposition of said property, in the same manner as if this Act had been in effect upon the date of such disposition. It is the purpose and intent of this Act to confirm any sale of any property by the City of Chatsworth as authorized by an Act of the General Assembly, approved March 1, 1965 (Ga. L. 1965, p. 2110). 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 in accordance with request of the City Council there will be introduced at the January, 1975 Session of the General Assembly of Georgia, a Bill to amend an Act creating a new charter for the City of Chatsworth, approved August 18, 1923 (Ga. L. 1923, p. 529), as amended, so as to confirm the sale of that portion of DeSoto Park lying between Fort Street and Market Street; to repeal conflicting laws; and for other purposes. This 14th day of January, 1975. Gerald H. Leonard Representative, 3rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald H. Leonard who,

Page 3648

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 16, 23, 30, 1975. /s/ Gerald H. Leonard Representative, 3rd District Sworn to and subscribed before me, this 12th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TALIAFERRO COUNTYSMALL CLAIMS COURT CREATED. No. 301 (House Bill No. 661). An Act to create and establish a Small Claims Court in and for Taliaferro 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;

Page 3649

to provide for the filing of claims and pleas of illegality; to prescribe that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the furnishing of certain law books to said court; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in and for Taliaferro County a Small Claims Court which shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment, and said court shall have, in addition to the jurisdiction specifically set forth above, all of the jurisdiction and powers now possessed and exercised by the Justice of Peace Courts of the State of Georgia, in both civil and criminal matters, including but not limited to, the issuing of warrants for arrest, search warrants, warrants to keep the peace, and shall act as a court of inquiry with power to bind over or release persons charged with criminal offenses, to set bonds and to do and perform all things necessary and proper in performing duties of a court of inquiry in the same manner and as fully as is allowed by law to the justice of peace courts under the laws of the State of Georgia. The judge of said court shall have the power and authority to do and perform all the acts now allowed to the justices of the peace and his authority and the jurisdiction of said court shall be countywide. Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Taliaferro County, at least twenty-two years of age, and must be a person of outstanding character and integrity. Judge.

Page 3650

All other officers appointed to or employed by said court now or hereafter provided 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 Taliaferro County or any judge of a city court located in said county, on application of said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Absence. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Fees. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The 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. 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 in the county by any official or person authorized by law to serve process in the superior court or by a duly qualified bailiff of the

Page 3651

Small Claims Court; or by registered mail or certified with receipt; or by any person not a party to or otherwise interested in the suit, specially appointed by the judge of said court for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by United States postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States post office employee or United States mail carrier to whom refusal was made, then the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs not to exceed five dollars. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than ten nor more than thirty days from the date of the services of said notice; provided, however, that where service is made by registered mail, the date of mailing shall be the date of service.

Page 3652

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 ten dollars 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 ten dollars. 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 ten dollars 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 9. (a) On the day set for the hearing, or such later time as the judge may act, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. (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.

Page 3653

(c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Setoff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Partial payments. Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The Judge of the Superior Court of Taliaferro County may from time to time make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules.

Page 3654

Section 14. The judge of said court shall have the power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county, such bailiffs to serve at the pleasure of the judge and under his direction, and a person so appointed shall be known and designated as Small Claims Court Bailiff and have the powers and authority, and be subject to the penalties, of all lawful constables of the State of Georgia, including the power to serve any and all summonses and writs issued from or by said Small Claims Court; with power also to make levies and conduct judicial sales, and account therefor, in the manner of lawful constables. All such bailiffs shall, within five days from their appointment as such, take and subscribe the oath of office as prescribed in Code section 24-804 and give the bond prescribed in Code section 24-811 of the Code of Georgia and such bailiffs shall be subject to be ruled for failure of duty 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. 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 16. Appeals may be had from judgments returned in the Small Claims Court to the superior court and the same provisions now provided for by general law for appeals contained in Code Chapter 6-1 to the superior court, shall be applicable to appeals from the Small Claims Court to the superior court, the same to be a de novo appeal. Appeals. Section 17. Until otherwise provided by the rules of the court, the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of

Page 3655

any forms now employed and of any form of summons now provided by law: Forms. Small Claims Court

Page 3656

Page 3657

Section 18. On or before July 1, 1975, it shall be the duty of the Governor to appoint a duly qualified person to be the judge of the Small Claims Court to take office on said date and to serve until December 31, 1978. During the month of December, 1978, and each four years thereafter, it shall be the duty of the Governor to appoint a successor who shall take office on the first day of January following his appointment to serve for four years and until his successor is appointed and qualified. The appointments made by the Governor pursuant to this Section shall be with the advice and consent of the members of the General Assembly of Georgia whose Senatorial or Representative Districts include Taliaferro County or any portion thereof. The judge of the Small Claims Court shall be exempt from jury duty in any other court in the county. Section 19. All forms, docket books, file jackets, filing cabinets and the like, required by this Act, shall be furnished by the governing authority of Taliaferro County, and they shall also provide a suitable room in the courthouse for the holding of said court. Supplies. Section 20. The State Librarian is hereby authorized and directed to furnish the Small Claims Court, without cost to the court or the county, all volumes of Georgia Laws, beginning with the laws of 1975. Ga. Laws. Section 21. Said Small Claims Court having no designated terms at stated periods, the judge thereof shall in each instance, set dates for all hearings and trials in every kind of case, and also designate the times when attachments and executions are returnable, and, also designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the

Page 3658

original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Section 22. A summons of garnishment may be served by the sheriff or his deputies, or by a lawful constable, or by a Small Claims Court Bailiff, or by the judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by the United States postal authorities marked refused, giving the date of refusal and be signed or initialed by a United States post office employee or United States mail carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Garnishment. Section 23. The judge of said court shall have the power to impose fines of not more than ten dollars or imprison, for not longer than twenty-four hours, any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Contempt. Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be five dollars, plus a reasonable amount for drayage to be determined by the Small Claims Court Judge. The rate of commission on all judicial sales shall be ten percent of the first $250.00 and five percent on all sums over that amount, with a minimum of five dollars. Fi. fas.

Page 3659

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. The provisions of this Act shall become effective on July 1, 1975. Effective date. 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 1975 session of the General Assembly of Georgia, a bill to create and establish a Small Claims Court in and for Taliaferro County; to provide for all matters relative thereto; and for other purposes. This 17th day of January, 1975. Ben Barron Ross Representative, 76th District S. P. McGill Senator, 24th District Bill Watson Chairman Henry S. Moore, Jr. Member, Post I George Fambrough Member, Post II

Page 3660

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 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Advocate-Democrat which is the official organ of Taliaferro County, on the following dates: January 24, 31 and February 7, 1975. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 12th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. RECORDER'S COURT OF DEKALB COUNTYMARSHAL APPOINTMENT PROVISIONS CHANGED. No. 302 (House Bill No. 662). An Act to amend an Act creating the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2545), so as to change the provisions relative to the appointment of marshals of the recorder's court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3661

Section 1. An Act creating the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved March 10, 1964 (Ga. L. 1964, p. 2545), is hereby amended by striking the quoted language of section 4 of said amendatory Act approved March 10, 1964 (Ga. L. 1964, p. 2545) in its entirety and substituting in lieu thereof the following: The Chief Recorder of DeKalb County shall appoint one or more individuals to serve as marshals of the recorder's court. It shall be the duties of said marshals to attend said court, maintain order, to transport prisoners to and from said court when necessary and retain custody of prisoners in attendance at said court and to perform such other duties as may be assigned them by the judges and clerks of said court necessary and incidental to the function of said court. All such marshals shall be under the DeKalb County Merit System. 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, 1975 Session of the General Assembly of the State of Georgia, a Bill to amend an Act creating a Recorder's Court of DeKalb County, Georgia, approved March 17, 1959 (Ga. L. 1959, p. 3093), so as to change the provisions relative to the appointment of Marshals of the Recorder's Court; to repeal conflicting laws; and for other purposes. This 3rd day of January, 1975. DeKalb County, Georgia By: Carl V. Kirsch Assistant County Attorney DeKalb County, Georgia. Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W.

Page 3662

Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Intention to Introduce Local Legislation, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 9, 16 23 day of Jan., 1975. Gerald W. Crane, Publisher. (by) Betty M. Branch, Agent. Sworn to and subscribed before me, this 23rd day of Jan., 1975. /s/ Betty M. Branch Notary Public. My commission expires Oct. 18th, 1977. (Seal). Approved April 17, 1975. ECHOLS COUNTYBOARD OF COMMISSIONERSMEMBERS SALARIES CHANGED. No. 303 (House Bill No. 684). An Act to amend an Act amending, revising, superseding and consolidating the laws creating and governing the Board of Commissioners of Echols County, approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2054), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3677), so as to change the compensation of the members of the Board of County Commissioners of Echols 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 amending, revising, superseding and consolidating the laws creating and governing the Board of Commissioners of Echols County, approved February 3,

Page 3663

1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2054), as amended, particularly by an Act approved April 28, 1969 (Ga. L. 1969, p. 3677), is hereby amended by striking from section 5 the following: seventy-five ($75.00) dollars, and inserting in lieu thereof the following: one hundred and fifty dollars ($150.00), so that when so amended, section 5 shall read as follows: Section 5. Said commissioners shall pay themselves the sum of one hundred and fifty dollars ($150.00) per month each, which shall be in lieu of all salary or other compensation for their respective services. They shall pay to themselves their actual expenses incurred in performing their duties that require their presence outside the County of Echols, but not otherwise. 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 Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1975 Session of the General Assembly of Georgia local legislation to amend an Act creating and governing the Board of Commissioners of Echols County, as amended, to provide that said Commissioners be compensated at the rate of $150.00 per month each in lieu of $75.00, in lieu of all other salary or other compensation, and to repeal conflicting laws, and provide an effective date therefore, and for other purposes. This 9th day of January, 1975. Donald Dukes Chairman, County Commissioners Echols County, Georgia.

Page 3664

Georgia, Echols 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 compensation of the Board of Commissioners of Echols County, as amended, to repeal conflicting laws, and provide an affective date therefor, and for other purposes; said advertisement having appeared in said Valdosta Daily Times on the following dates: January 11, 1975, January 18, 1975, and January 25, 1975, and said advertisement being as follows: /s/ Tenney S. Griffin. Sworn to and subscribed before me, this 1st day of February, 1975. /s/ Edith D. Smith Notary Public, State of Georgia. My commission expires: May 1, 1976. (Seal). Approved April 17, 1975. ECHOLS COUNTYSALARY OF SHERIFF CHANGED. No. 304 (House Bill No. 685). An Act to amend an Act placing the Sheriff of Echols County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2918), as amended by an Act approved February 27, 1970 (Ga. L. 1970, p. 2209), so as to change the maximum amount which the sheriff may receive as salary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3665

Section 1. An Act placing the Sheriff of Echols County on an annual salary in lieu of the fee system of compensation, approved March 30, 1965 (Ga. L. 1965, p. 2918), as amended by an Act approved February 27, 1970 (Ga. L. 1970, p. 2209), is hereby amended by striking from section 2 the following: $6,000.00, 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 which shall be fixed by the governing authority of Echols County at not less than $3,600.00 nor more than $9,000.00, payable in equal monthly installments from the funds of Echols 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. Georgia, Lowndes County. Before me, the undersigned Notary Public duly authorized by law to administer oaths, this day personally appeared Tenney S. Griffin, Publisher of Valdosta, Daily Times, who, after first being by me duly sworn, states on oath that notice of intention to apply for local legislation regarding the Placing of the Sheriff of Echols County on an annual salary, and to amend said act, and to provide for a salary of said Sheriff, and to repeal conflicting laws, provide an effective date, and for other purposes; said advertisement having appeared in said Valdosta Daily Times on the following dates: January 11, 1975; January 18, 1975; and January 25, 1975. Said advertisement being as follows:

Page 3666

Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced at the 1975 Session of the General Assembly of Georgia local legislation to amend an Act Placing the Sheriff of Echols County on an annual salary, as amended, to provide that said salary shall be not less than $3,600.00 nor more than $9,000.00, and to repeal conflicting laws, provide an effective date, and for other purposes. This 9th day of January, 1975. Donald Dukes Chairman, County Commissioners, Echols County, Georgia. /s/ Tenney S. Griffin Sworn to and subscribed before me, this 1st day of February, 1975. /s/ Edith D. Smith Notary Public, State of Georgia. My commission expires: May 1, 1976. (Seal). Approved April 17, 1975. CITY OF THOMASTONCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 305 (House Bill No. 693). An Act to amend an Act creating a new Charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended, so as to change and extend the present corporate limits of said city and to describe the new territory to become a part of the said City of Thomaston; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 3667

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new Charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070), as amended, is hereby amended by adding to section 4, 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 or parcel of land situate, lying and being in Land Lots No. 230 and 231 of the Tenth Land District of Upson County, Georgia, which is contiguous to the present existing municipal corporate limit lines of the City of Thomaston, Georgia, and which is more particularly described as follows, to wit: To arrive at the REAL POINT OF BEGINNING, begin at the southwest corner of Lot No. 1, Block `D' of Northside Subdivision (which lot is shown on a plat of Northside Subdivision, a copy of which is of record in Plat Book 1, page 146, in the Office of the Clerk of the Superior Court of Upson County, Georgia, reference to which is here made in aid of this description) and run thence due south across County Road to a point on the north line of that certain tract of land shown on that certain plat of record in Plat Book 6, page 74, said Clerk's Office, which plat is, by this reference, incorporated herein in aid of this description, which point is the REAL POINT OF BEGINNING; run thence from the REAL POINT OF BEGINNING due north, across County Road, to the southwest corner of said Lot No. 1, Block `D', of Northside Subdivision, and continuing thence north, a distance of 407.9 feet, along the western boundary of Lots No. 1, 2, 3 and 4, of Block `D' of said Northside Subdivision to the northwest corner of said Lot No. 4; thence east 209.78 feet along the northern boundary of said Lot No. 4 to the northeast corner thereof; thence northeasterly, in a straight line, across the right-of-way of U.S. Highway 19 to the northwest corner of Lot No. 11, Block `A' of Cherokee Acres Subdivision (a copy of the plat of the said Block `A' of the said Cherokee Acres Subdivision being of record in Plat Book 3, page 46, said Clerk's Office, which said plat, is incorporated herein by this reference) and run thence easterly along the northern boundary line of said Lot No. 11 a distance of 200 feet to

Page 3668

the northeast corner thereof; run thence southerly along the eastern boundary of Lots No. 11, 12, 13, 14 and 15, of Block `A' of Cherokee Acres Subdivision, a distance of 560.74 feet to the southeast corner of said Lot No. 15; run thence due south, in a straight line, across County Road to a point on the north line of that certain tract of land shown and delineated on plat thereof of record in Plat Book 6, page 149, said Clerk's Office, which plat is incorporated herein by this reference; thence north 89 degrees 01 minutes 16 seconds west to the northwest corner of the tract of land shown on said plat of record in Plat Book 6, page 149, said Clerk's Office; thence north 86 degrees 48 minutes 30 seconds west 30.0 feet; thence north 85 degrees 51 minutes 30 seconds west 50.0 feet; thence north 81 degrees 31 minutes west 100.0 feet to the northwest corner of Tract `A', shown on that certain plat of record in Plat Book 5, page 212, said Clerk's Office, which plat is incorporated herein by this reference; thence westerly, in a straight line, across the right-of-way of U.S. Highway 19 to the northeast corner of the tract of land shown and delineated on that certain plat, hereinabove referred to, which is of record in Plat Book 6, page 74, said Clerk's Office; and thence westerly, along the northern boundary line of the tract of land shown on said plat of record in Plat Book 6, page 74, to a point thereon located due south of the southwest corner of Lot 1, Block `D' of Northside Subdivision, hereinabove referred to, which point is the REAL POINT OF BEGINNING. 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. 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.

Page 3669

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 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 7th day of January, 1975. Marvin Adams Representative in the General Assembly for the 79th House District of Georgia. Peter L. Banks Senator Elect 17th Senatorial District of Georgia. Georgia, Upson County. Before me, the undersigned officer authorized to administer oaths, personally appeared S. J. Carswell, who, on oath says that he is the publisher of The Thomaston Times, a newspaper published in the City of Thomaston, Upson County, Georgia, being of general circulation and being the newspaper in which Sheriff's advertisements for Upson County, Georgia, are published, who certifies that legal notice, a true copy of which is hereto attached, being a notice of intention to apply for local legislation, was duly published in THE THOMASTON TIMES once a week for three (3) weeks as required by law, said dates of publication being January 9, 1975, January 16, 1975, and January 23, 1975. /s/ S. J. Carswell

Page 3670

Sworn to and subscribed before me, this 29th day of January, 1975: /s/ Brenda Sollenberger Notary Public, Upson County, Georgia. My Commission Expires: Sept. 25, 1976. (Seal). Approved April 17, 1975. GLYNN COUNTYTAX COMMISSIONER'S DEPUTYSALARY CHANGED, ETC. No. 306 (House Bill No. 698). An Act to amend an Act placing the Tax Commissioner of Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3203), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3336), so as to change certain provisions relating to the compensation of the deputy; to change the number of authorized additional clerks; 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 Glynn County on an annual salary, approved March 27, 1972 (Ga. L. 1972, p. 3203), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3336), is hereby amended by striking section 5, thereof, in its entirety, and substituting in lieu thereof a new section 5 to read as follows: Section 5. (a) The tax commissioner shall be authorized to employ one deputy and a maximum of ten clerical assistants. The deputy shall receive an annual salary of not less than $6,600 nor more than $10,200; provided that, beginning July 1, 1975, the salary of the deputy may be increased to not more than $11,200; and, provided further,

Page 3671

that, beginning July 1, 1976, the salary of the deputy may be increased to not more than $12,200. Any provision of this section to the contrary notwithstanding, the maximum amount of salary for the deputy may be increased, beginning July 1, 1977 and on such date in each year thereafter, by 3% for each year of service the deputy has completed after June 30, 1976. The other clerical assistants shall receive an annual salary of not less than $4,200 nor more than $8,400. The salaries of said deputy and clerical assistants shall be paid in equal monthly installments from the funds of Glynn County. Salary. (b) The tax commissioner shall be authorized to hire a maximum of five additional clerks during the period of each year beginning with the last two weeks of December and ending on the first day of April. Such additional clerks shall be paid a salary of not less than $300 per month and not more than $400 per month. Clerks. (c) It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed as such deputy, assistants or other employees, to set their salaries within the limits of this Act, 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 1975 Session of the General Assembly of Georgia, a bill to amend an act placing the Tax Commissioner of Glynn County upon an annual salary, (Ga. L. 1972, p. 3203), as amended, so as to provide for additional personnel within the Tax Commissioners Office; to change the compensation of certain personnel within the Tax Commissioners Office;

Page 3672

to provide an effective date, to repeal conflicting laws and for other purposes. Robert G. Boone, Tax Commissioner Glynn County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gene Leggett who, on oath, deposes and says that he is Representative from the 153rd 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 11, 18, 25, 1975. /s/ Lowell E. Leggett Representative, 153rd District Sworn to and subscribed before me, this 12th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF SOCIAL CIRCLECHARTER AMENDEDTERMS OF OFFICERS CHANGED, ETC. No. 307 (House Bill No. 704). An Act to amend an Act incorporating the City of Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), as amended, so as to change the terms of office of the mayor and councilmen; to change certain provisions relating to the election of the mayor and councilmen; to provide for

Page 3673

initial and regular terms of office; to provide that no political party or body shall conduct a primary election nor shall the City of Social Circle conduct a nonpartisan primary election for the purpose of nominating candidates for the office of mayor or councilman of Social Circle; to change the maximum penalties in the recorder's court; to change the title of the mayor pro tem to the vice-mayor; 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 Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), as amended, is hereby amended by striking from section 9 the following: Be it further enacted by the authority aforesaid, That the term of office of mayor and councilmen shall be two years from Monday after the first Wednesday in January, after their election. Section 2. Said Act is further amended by adding after section 2, two new Sections, to be known as section 2A and section 2B, to read as follows: Section 2A. Any other provision of this Act to the contrary notwithstanding, at the City election to be held in 1976, for the election of the mayor and councilmen, the person elected as mayor shall serve for a term of office of 4 years and until his successor is duly elected and qualified. The two persons receiving the highest or second highest number of votes for councilman shall serve for terms of office of 4 years each and until their respective successors are duly elected and qualified. The two persons receiving the third and fourth highest number of votes for councilman shall serve for terms of office of 2 years each and until their respective successors are duly elected and qualified. Thereafter all persons elected as mayor or councilmen shall serve for terms of office of 4 years each and until their respective successors are duly elected and qualified. In the election to be held in 1978, and every 4 years thereafter, two councilmen

Page 3674

shall be elected. In the election to be held in 1980, and every 4 years thereafter, a mayor and two councilmen shall be elected. In such elections for councilmen the two candidates receiving the highest number of votes cast shall be elected as councilmen. The mayor and councilmen so elected shall take office on the Monday after the first Wednesday in January following their election. Terms. Section 2B. Any other provision of this Act to the contrary notwithstanding, effective January 1, 1976, no political party or body shall conduct a primary election nor shall the City of Social Circle conduct a nonpartisan primary election for the purpose of nominating candidates for the office of mayor or councilman of Social Circle. Section 3. Said Act is further amended by striking subsection (c) of section 29, which reads as follows: (c) Upon conviction of any person for violation of any ordinance or laws of said city, said recorder may punish such persons by a fine not to exceed one hundred ($100.00) dollars, imprisonment not to exceed sixty days, by work on streets of said city not to exceed sixty days, and any one or more of said punishments may be ordered at the discretion of said recorder. Said recorder may fine for contempt not exceeding twenty-five ($25.00) dollars or twenty-five days imprisonment, or twenty-five days at work on streets of said city., in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) Upon conviction of any person for violation of any ordinance or laws of said city, said recorder may punish such persons by a fine not to exceed five hundred dollars ($500.00), imprisonment not to exceed 120 days, by work on streets of said city not to exceed 120 days, and any one or more of said punishments may be ordered at the discretion of said recorder. Said recorder may fine for contempt not exceeding twenty-five dollars ($25.00) or twenty-five days imprisonment, or twenty-five days at work on streets of said city. Recorder.

Page 3675

Section 4. Said Act is further amended by striking wherever the same shall appear, the following: mayor pro tem, and inserting in lieu thereof the following: vice-mayor, wherever the same shall appear in said Act. 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 1975 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Social Circle, approved August 4, 1904 (Ga. L. 1904, p. 626), as amended, so as to change the provisions relating to the election of the mayor and councilmen and their terms of office; to prohibit primary elections for the nomination of candidates for mayor and councilman; and for other purposes. This 14th day of January, 1975. Bobby Carrell Representative 75th District 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 75th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3676

Walton Tribune which is the official organ of Walton County, on the following dates: January 14, 21, 28, 1975. /s/ Bobby Carrell Representative, 75th District Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF MONROECHARTER AMENDEDCERTAIN COMMUNITY ANTENNA TELEVISION SERVICES AUTHORIZED. No. 308 (House Bill No. 705). An Act to amend an Act reincorporating the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), so as to authorize the City of Monroe to provide community antenna television services beyond its corporate limits; 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 Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), is hereby amended by striking paragraph (X) of section 1.03 of said Act in its entirety, and inserting in lieu thereof a new paragraph (X) of section 1.03, to read as follows: (X) To acquire, construct, operate, distribute, sell and

Page 3677

dispose of a community antenna television service, both within and outside the corporate limits. 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 1975 session of the General Assembly of Georgia, a bill to amend the charter of the City of Monroe, Georgia, to authorize said city to acquire, construct, operate and maintain community antenna service beyond its corporate limits. This 8th day of January, 1975. Bobby Carrell Representative 75th District 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 75th 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 14, 21, 28, 1975. /s/ Bobby Carrell Representative, 75th District Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3678

CITY OF BAXLEYCHARTER AMENDEDCORPORATE LIMITS CHANGEDREFERENDUM. No. 309 (House Bill No. 706). 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 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 one mile 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, 283, 284, 292, 293, 294, 331, 332, 333, 340, and 341 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. Laws 1905, p. 638); and (c) All of the following described territory which is owned by the City of Baxley, to wit:

Page 3679

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[UNK] East for a distance of 988.12 feet along the southern boundary line of lands of Carson Courson and Monroe Courson to the western edge of a fish pond dam; thence South 29 20[UNK] West for a distance of 303.1 feet; thence South 15 39[UNK] West for a distance of 543.05 feet to a point near the southern edge of a private road; thence South 89 02[UNK] West for a distance of 365.43 feet; thence North 10 03[UNK] 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[UNK] West for a distance of 530.55 feet along the eastern edge of said cemetery property; thence North 63 12[UNK] 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

Page 3680

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 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 election superintendent of the City of Baxley to issue the call for an election for the purpose of submitting this Act to the electors of the City of Baxley and the electors of Appling County residing in the area proposed to be annexed by this Act for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of 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 for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3681

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 regular session of the General Assembly of Georgia: a bill to change the corporate limits of the City of Baxley, and for other purposes. R. Bayne Stone Representative, 138th District S. W. Dunn City Manager Jack Frost Mayor Jim D. Branch Mayor Pro Tem Roy E. Bass Councilman Jim W. Bland Councilman Elect W. M. Cromer Councilman Betty Livingston Madam Councilman E. B. Sale Councilman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Bayne Stone who, on oath, deposes and says that he is Representative from the 138th 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

Page 3682

Appling County, on the following dates: January 2, 9, 16, 1975. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CLAYTON COUNTY WATER AUTHORITY ACT AMENDEDPENSION CHANGES. No. 310 (House Bill No. 720). An Act to amend an Act creating a system of pensions and retirement pay for officers, deputies and employees of Clayton County and the Clayton County Water Authority, approved April 5, 1971 (Ga. L. 1971, p. 2917), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 3366), so as to provide death benefits before retirement in the event a participant is not killed in the performance of his duty; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a system of pensions and retirement pay for officers, deputies and employees of Clayton County and the Clayton County Water Authority, approved April 5, 1971 (Ga. L. 1971, p. 2917), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 3366), is hereby amended by striking subsection (f-1) of section 6 in its

Page 3683

entirety and inserting in lieu thereof a new subsection (f-1), to read as follows: (f-1) Death Benefits Prior to Retirement. In the event a participant is killed in the performance of his duty, or in the event a participant dies after attaining age 50 and completing fifteen (15) years of credited service, whether or not he is killed in the performance of his duty, his spouse shall be entitled to a monthly income for life or until remarriage equal to 50 percent of the benefit which the participant would have received at his otherwise normal retirement age based upon his annual compensation in the calendar year preceding his death. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Clayton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News/Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: Jan. 28, Feb. 4, 11, 1975. Notice to introduce local legislations-Pensions. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly a Bill to amend an Act creating a system of pensions and retirement pay for officers, deputies, and employees in Clayton County and the Clayton County Water authority approved April 5, 1971 (Ga. L. 1971, p. 2917), as amended by Ga. L. 1972, p. 3366, so as to provide for death benefits before retirement in the event that a participant is not killed in the performance of his duty, under certain circumstances; to provide the deceased surviving spouse may be eligible for death

Page 3684

benefits, to repeal conflicting laws; to provide for an effective date, and for other purposes. Terrell A. Starr Senator, 44th District William J. Lee Representative, 68th District Frank Bailey Representative, 68th District Rudolph Johnson Representative, 68th District Jim West Representative, 68th District /s/ Jim Wood Publisher Sworn to and subscribed before me, this 11th day of Feb., 1975. /s/ Carol Reynolds Notary Public, Georgia, State at Large. My Commission Expires Aug. 28, 1977. (Seal). Approved April 17, 1975. TATTNALL COUNTY SMALL CLAIMS COURT CREATED. No. 311 (House Bill No. 728). An Act creating and establishing a Small Claims Court for Tattnall County, Georgia, to be known as the Small Claims Court of Tattnall 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 Tattnall County; to provide for clerks of and for said court and for their duties and compensation; to provide for one or

Page 3685

more bailiffs of and for said court and for their duties and compensation; to provide for a jury and the number of jurors; to provide for the service of process of said court; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide for the costs of court; to provide for contempt of said court and the penalty therefor; to provide for the validity of the acts of said court and the proceedings therein; to provide for all procedures, requirements and other matters connected with the foregoing; to provide for 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 Tattnall County, Georgia, to be known as the Small Claims Court of Tattnall County, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $1,500.00; said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Creation. Section 2. (a) Any person appointed as a judge of the Small Claims Court created by this Act must, at the time of his appointment, be a resident of Tattnall 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 Tattnall County. Judge. (b) All other officers appointed to or employed by said court, as now or hereafter provided, must be at least twentyone years of age and must be residents of Tattnall County.

Page 3686

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 Tattnall 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 manner aforesaid, of the judge unable to act. Absence. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk for 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 from 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 require to be filed in an action. Pleadings. (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.

Page 3687

(c) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, the clerk or judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. If the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to the sender by United States Postal Authorities for any reason, service may be perfected on such defendant by any other method as herein this Act prescribed or by any method as now or hereafter prescribed by the pertinent laws of Georgia providing for service of pleadings on defendants in the superior courts of Georgia. (d) When served by a private individual, as hereinbefore provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (e) When served as provided, the actual costs of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. When the amount is unliquidated, plaintiff shall be required to present proof of his claim. (g) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than 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.

Page 3688

Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of $7.50, which shall cover all costs of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; provided, however, the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty and replevin by possessory warrant shall be $10.00; and provided further, that in any other matters, not mentioned specifically or provided for herein, the costs shall be the same as now or hereafter provided by the laws of Georgia for justices of the peace; and provided further, in claim cases and illegalities, instituted by a third party after levy, the costs shall be $7.50, to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. (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.

Page 3689

Section 9. (a) On the day set for the hearing, or such later time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. 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 judgement is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Partial payments.

Page 3690

Section 12. The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The judge of the superior court presiding in Tattnall 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 the 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

Page 3691

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 trial. 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. Lien. 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: SMALL CALIMS COURT OF TATTNALL COUNTY Reidsville, Georgia

Page 3692

Page 3693

Section 19. All acts performed by the judge or clerk and all proceedings had before the Small Claims Court of Tattnall County are hereby validated. Section 20. Within thirty days after this Act becomes of full force and effect, the senior judge of the Superior Court of Tattnall County, Georgia, shall appoint a duly qualified person to be judge of the Small Claims Court or Tattnall County, to serve from the date of such appointment to the first day of November following such appointment. Thereafter, the judge of the Small Claims Court of Tattnall County shall be appointed by the senior judge of the Superior Court of Tattnall County from a list of three persons recommended by the grand jury which convenes immediately prior to the expiration of the term of the judge of said court to serve for a term of office of four years. Thereafter, successors to the judge of the Tattnall County Small Claims Court shall be nominated and appointed, each four years in the same manner as hereinbefore set out, for a four-year term beginning on November 1 immediately following their appointment. Any vacancy in such office for any unexpired term shall be filled without undue delay by the appointment of a qualified person by the senior judge of the Superior Court of Tattnall 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

Page 3694

from office by the senior judge of the Superior Court of Tattnall County upon a recommendation being made by the grand jury of Tattnall 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 vacanicies are filled. Section 21. All forms, docket books, file jackets, filing cabinets and the like required by this Act shall be furnished by the governing authority of Tattnall County. Supplies. Section 22. Said Small Claims Court having no designated terms at stated periods, the judge thereof shall, in each instance, set dates for all hearings and trials in every kind of case, and also designate the times when attachments and executions are returnable, and also designate the time when each answer to a summons of garnishment shall be filed, but no garnishee may be required to file his answer sooner than ten days after he is served with summons. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court in its discretion extends the time for filing, the judge may forthwith render judgment immediately and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. 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

Page 3695

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. Contempt. Section 25. The fee of bailiff for the execution of a fi. fa. shall be $4.00, plus a reasonable amont 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. Fi. fas. Section 26. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional 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.

Page 3696

Notice of Local Legislation. To comply with resolutions from the Tattnall County Chamber of Commerce and Mayor and Councilmen of the City of Reidsville and Glennville, we introduce legislation at the 1975 Session of the General Assembly of Georgia Legislation to establish a Small Claims Court for Tattnall County and for other purposes. Dewey Rush Representative, 121st District A. D. Clifton Representative Joe Kennedy Senator 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 121st 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 30, February 6, 13, 1975. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 14th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3697

PICKENS COUNTYSUPERIOR COURT CLERK PLACED ON SALARY. No. 312 (House Bill No. 730). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Pickens County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees, costs, and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the Clerk of the Superior Court of Pickens 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 of Pickens County shall receive an annual salary of $11,000.00, payable in equal monthly installments from county funds, as total compensation for all services rendered by the said clerk. Salary. Section 3. After the effective date of this Act, said officer shall deligently and faithfully undertake to collect all fees, fines, forfeitures, commissions costs, allowances, pentlties, 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 payments into the county treasury, the Clerk of the Superior

Page 3698

Court of Pickens County 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. Effective date. Section 4. The Clerk of the Superior Court of Pickens County shall have the authority to appoint two clerks, as he shall deem necessary to efficiently and effectively discharge the official duties of his office, such clerks to be paid an annual salary of $6,500.00 and $4,160.00, respectively. It shall be within the sole power and authority of the Clerk of the Superior Court of Pickens County, during his term of office, to designate and name the person or persons who shall be employed as such clerks and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Clerks. Section 5. The necessary operating expenses of the Clerk of the Superior Court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair, replacement 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 Pickens County. Expenses. Section 6. This Act shall become effective on the first day of January, 1977. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a

Page 3699

bill to place the Clerk of the Superior Court of Pickens County on an annual salary; and for other purposes. This 4th day of January, 1975. Boyd Thomason Representative, 8th District Joe Frank Harris Representative, 8th District Roger Johnson Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Boyd Thomason 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 Pickens County Progress which is the official organ of Pickens County, on the following dates: January 23, 30, and February 6, 1975. /s/ Boyd Thomason Representative, 8th District Sworn to and subscribed before me, this 14th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3700

IRWIN COUNTYBOARD OF COMMISSIONERSPERSONNEL CHANGES, ETC. No. 313 (House Bill No. 744). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, 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), an Act approved March 12, 1970 (Ga. L. 1970, p. 2534), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3492), so as to change the salary of the clerk; to provide for the employment of secretarial, clerical office employees; to provide for duties, compensation, and bonds for such 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 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), an Act approved March 12, 1970 (Ga. L. 1970, p. 2534), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3492), is hereby amended by striking in section 6A, the following: $350.00, and inserting in lieu thereof the following: $550.00, so that when so amended, section 6A shall read as follows:

Page 3701

Section 6A. 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. Clerk. The salary of said clerk shall not exceed the sum of $550.00 per month, which salary shall be paid by warrant issued by said board as other warrants for county costs and expenses 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. Section 2. Said Act is further amended by adding after section 6A a new section to be designated section 6B, to read as follows: Section 6B. The board of commissioners may employ additional secretarial, clerical office employees who shall serve and work in said office and shall have such duties as are specified by the board, and shall hold office under the control and direction of the board and shall serve at its pleasure and may be dismissed at any time by the board with or without cause. The salary for said office employees shall be commensurate with other similar salaries of employees within the community and the board may set said salary and pay same in whatever manner they deem best in their discretion. Said additional office employees may or may not be required to give bond, and in the amount, if required, as fixed by the board, the premiums on such bonds shall be paid out of county funds as other expenses of the county are paid. 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.

Page 3702

Notice of Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia a bill to amend an act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, approved February 16, 1933, Ga. L. 1933, p. 571, as amended so as to change the compensation of the Clerk of said Board and to provide an effective date thereof. This January 4th, 1975. 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 says; 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 January 9th, January 16th, and January 23rd, 1975. /s/ W. S. Bradford, Jr. Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Ann R. Thomas Notary Public, Irwin County, Ga. My Commission Expires May 20, 1977. (Seal). Approved April 17, 1975.

Page 3703

IRWIN COUNTYSALARY OF DEPUTY SHERIFF CHANGED, ETC. No. 314 (House Bill No. 745). An Act to amend an Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2241), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3123), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3473), so as to change the maximum compensation of the sheriff's deputy; to change the maximum compensation of the sheriff's secretary; to change the manner for feeding prisoners confined in the county jail; to provide for the appointment of special part-time deputy sheriffs and the compensation of same; to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Irwin County on a salary system of compensation in lieu of the fee system, approved February 28, 1966 (Ga. L. 1966, p. 2241), as amended by an Act approved April 5, 1971 (Ga. L. 1971, p. 3123), and an Act approved April 3, 1972 (Ga. L. 1972, p. 3473), is hereby amended by striking from section 6, the following: $400.00 per month, and inserting in lieu thereof, the following: $750.00 per month, so that when so amended, section 6 shall read as follows: Section 6. The Sheriff of Irwin County shall appoint one deputy who shall have the same qualifications as the sheriff. The deputy shall be compensated in an amount not less than $300.00 per month and not more than $750.00 per month, the exact amount of his salary to be recommended

Page 3704

by the sheriff and determined by the governing authority of Irwin County. The deputy shall be paid in equal monthly installments from the funds of Irwin County. It shall be within the power and authority of the sheriff, during his term of office, to designate and name the person who shall be employed as such deputy and to prescribe his duties and assignments. The sheriff or the governing authority of Irwin County may remove such deputy at any time with or without cause. Deputy. Section 2. Said Act is further amended by striking from section 7, the following: $50.00, and inserting in lieu thereof, the following: $75.00, so that when so amended, section 7 shall read as follows: Section 7. The governing authority of Irwin County is hereby empowered to authorize the sheriff to employ one secretary of his own choice at a salary of not less than $30.00 per week and not more than $75.00 per week. The exact amount of the salary of the secretary shall be recommended by the sheriff and determined by the governing authority. The secretary shall be paid in equal weekly installments from the funds of Irwin County. The sheriff may discharge such secretary at any time with or without cause. Secretary. Section 3. Said Act is further amended by striking section 10 in its entirety and inserting in lieu thereof a new section 10, to read as follows: Section 10. The governing authority of Irwin County is hereby empowered to contract all meals for prisoners in jail from independent outside sources at the lowest and best cost for the county in whatever manner and discretion they may deem necessary. Prisoners. Section 4. Said Act is further amended by adding after

Page 3705

section 14 a new section to be designated section 15, to read as follows: Section 15. The Sheriff of Irwin County may appoint two special deputies, who shall be qualified under the Georgia law. The special deputies shall be compensated in an amount of not less than $120.00 per month or at a minimum wage as provided by the United States of America, whichever is greater. The special deputies shall be paid in equal monthly installments from the funds of Irwin County. It shall be within the power of the sheriff during his term of office to designate and maintain the persons who shall be so employed as such special duties, and to prescribe their duties and assignments. The sheriff or the governing authorities may remove such special deputies at any time with or without cause. Special deputies. 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 Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia a bill to amend an act setting forth the salary schedule for the Sheriff's Office of Irwin County, Georgia, approved February 28, 1966, Ga. L. 1966, p. 2241 as amended, so as to change the compensation of the Deputy Sheriff of Irwin County, and the compensation of the Sheriff's Secretary of Irwin County, and to provide an effective date thereof. This January 4th, 1975. E. T. Hudson State Representative, Post No. 2, House District 48

Page 3706

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 says; 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 January 9th, January 16th, and January 23rd, 1975. /s/ W. S. Bradford, Jr. Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Ann R. Thomas Notary Public, Irwin County, Ga. My Commission Expires May 20, 1977. Approved April 17, 1975. LIBERTY COUNTY SMALL CLAIMS COURT CREATED. No. 315 (House Bill No. 747). An Act to create and establish a Small Claims Court in and for Liberty 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

Page 3707

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 Liberty 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. Section 2 . Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Liberty 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. 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,

Page 3708

the judge of the Superior Court of Liberty 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. 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. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope

Page 3709

addressed to the defendant at his last known address, prepay the postage from monies collected or 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 or said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service. Section 7 . A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated.

Page 3710

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 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

Page 3711

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. Partial payments. Section 12 . The judge of said Small Claims Court shall not be obligated to collect such deferred partial payments on judgments so rendered, but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13 . The judge of the Superior Court of Liberty county may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 14 . The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the

Page 3712

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. 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 lieu of any forms now employed and of any form of summons now provided by law: Forms.

Page 3713

Small Claims Court of Liberty County

Page 3714

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. Successors to the initial judge shall be appointed by the Governor for terms of office of four years and until their respective successors are duly appointed and qualified. In the event of a vacancy for any reason the Governor shall appoint a person to serve as judge 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

Page 3715

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. Supplies. 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 adjusted to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms. Section 22 . A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or to the writ of attachmen. 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

Page 3716

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 to service either on the back of the original garnishment affidavit or the attachement 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. 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 five dollars. Fi. fas. 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.

Page 3717

Notice of Intention to Introduce Local Legislation. Notice is hereby given that here will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to create a small claims court for Liberty County; and for other purposes. This 27th day of January, 1975. Donald Fraser Representative, 139th District 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 139th 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 30, February 6, 13, 1975. /s/ Donald H. Fraser Representative, 139th District Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3718

LIBERTY COUNTY BOARD OF COMMISSIONERSSALARY CHANGED. No. 316 (House Bill No. 748). An Act to amend an Act creating the Board of Commissioners of Liberty County approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, so as to change the compensation of the chairman and members of the board of county commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the Board of Commissioners of Liberty County approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, is hereby amended by striking from section 14 the following: $75.00, and inserting in lieu thereof the following: $150.00, and by striking from said section the following: $100.00, and inserting in lieu thereof the following: $200.00, so that when so amended section 14 shall read as follows: Section 14. Be it enacted by the authority aforesaid, that members of the board of commissioners herein created shall receive as their compensation $150.00 per month for the members, except the chairman, who (chairman) shall receive a salary of $200.00 per month. The said commissioners shall elect a clerk of the board, whose duty it shall be to keep a record of the actions and doings of the board,

Page 3719

at the courthouse in said county; said records to be open for inspection of any citizen of said county and at all times, if the same does not conflict with the meetings of the board, and he shall perform such other duties as may be assigned by said board, and he shall keep all the books and records in a neat, first-class, businesslike condition at all times. He shall receive such compensation as the board of commissioners shall fix and designate as a salary. Said clerk shall not be a member of the board of commissioners. The said commissioners shall at their first meeting elect a chairman of said board from their own membership who shall act as such chairman during the entire term of said board. Said commissioners before entering upon their duties as such shall take an oath before the Judge of the Probate Court for the faithful performance of their duties. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, so as to change the compensation of the members and Chairman of the Board of Commissioners of Liberty County; and for other purposes. This 27th day of January, 1975. Donald Fraser Representative, 139th District

Page 3720

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 139th 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 30, February 6, 13, 1975. /s/ Donald H. Fraser Representative, 139th District Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF BARNESVILLECHARTER AMENDEDCITY WARD BOUNDARIES CHANGED. No. 317 (House Bill No. 749). 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 change and update existing city ward boundaries; 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,

Page 3721

Jan.-Feb. Sess., p. 2006), as amended, is hereby amended by striking section 3 of Article I in its entirety and inserting in lieu thereof a new section 3 to read as follows: Section 3. The City of Barnesville is hereby divided into four wards, to be numbered one to four, having such metes, boundaries and limits as follows: WARD NO. 1Ward One shall include all territory within the following described bounds: Beginning at a certain point where the middle of Thomaston Street interects the incorporated limits of the City of Barnesville and proceeding then along the middle of Thomaston Street in a northerly direction to Main Street, then along the middle of Main Street in a northerly direction to Zebulon Street, then along the middle of Zebulon Street in a westerly direction to Atlanta Street, then along the middle of Atlanta Street in a northerly direction to a point where the center of Atlanta Street intersects the one mile radius city limits and then following the incorporated limits of the City its full length in a generally westerly and southerly direction to the point of beginning and embracing any area annexed by ordinance or charter amendment to the one mile radius city limits and which is within the described boundaries of this ward. WARD NO. 2Ward Two shall include all territory within the following described bounds; Beginning at a certain point where the middle of Atlanta Street intersects the incorporated limits of the City of Barnesville and proceeding then along the middle of Atlanta Street in a southerly direction to Zebulon Street, then along the middle of Zebulon Street in an easterly direction to Main Street, then along the middle of Main Street in a northerly direction to Plaza Way, then along the middle of Plaza Way in an easterly direction to South Jackson Street, then along the middle of South Jackson Street in a northerly direction to the corner of South Jackson Street and Carleeta Street, then along the middle of Carleeta Street in an easterly direction to Sims Street, then along the middle of Sims Street in a southerly direction to Forsyth Street, then along the middle

Page 3722

of Forsyth Street in an easterly direction to the intersection of the one mile radius city limits of the City of Barnesville and then following the incorporated limits of the City its full length in a generally northerly and westerly direction to the point of beginning and embracing any area annexed by ordinances or charter amendment to the one mile radius city limits and which is within the described boundaries of this ward. WARD NO. 3Ward Three shall include all territory within the following described bounds: Beginning at a certain point where the middle of Forsyth Street intersects the one mile radius city limits of the City of Barnesville, then along the middle of Forsyth Street in a westerly direction to Sims Street, then along the middle of Sims Street in a northerly direction to Carleeta Street, then along the middle of Carleeta Street in a westerly direction to the corner of Carleeta Street and South Jackson Street, then along the middle of South Jackson Street in a southerly direction to Plaza Way, then along the middle of Plaza Way in a westerly direction to Main Street, then along the middle of Main Street in a southerly direction to Forsyth Street, then along the middle of Forsyth Street in an easterly direction to College Drive, then along the middle of College Drive in a southerly direction to Gordon Road, then along the middle of Gordon Road in an easterly direction to the intersection of the incorporated limits of the City of Barnesville and then following the incorporated limits of the city its full length in a generally northerly direction to the point of beginning and embracing any area annexed by ordinance or charter amendment to the one mile radius city limits and which is within the described boundaries of this ward. WARD NO. 4Ward Four shall include all territory within the following described bounds: Beginning at a certain point where the middle of Gordon Road intersects the incorporated limits of the City of Barnesville then along the middle of Gordon Road in a westerly direction to College Drive, then along the middle of College Drive in a northerly direction to Forsyth Street, then along the middle of Forsyth Street in a westerly direction to Main Street, then along

Page 3723

the middle of Main Street in a southerly direction to Thomaston Street, then along the middle of Thomaston Street in a southerly direction to the intersection of the one mile radius city limits of the City of Barnesville and then following the incorporated limits of the City its full length in a generally easterly and northerly direction to the point of beginning and embracing any area annexed by ordinance or charter amendment to the one mile radius city limits and which is within the described boundaries of this ward. 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 1975 session of the General Assembly of Georgia, a bill 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 update and redefine the boundaries of the four wards within the City of Barnesville; and for other purposes. This 20th day of January, 1975. J. R. Smith Representative, 78th 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 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Gazette which is the official organ of Lamar

Page 3724

County, on the following dates: January 30, February 6, 13, 1975. /s/ J. R. Smith Representative, 78th District Sworn to and subscribed before me, this 17th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF ZEBULONCHARTER AMENDEDELECTION DATE CHANGED. No. 318 (House Bill No. 751). An Act to amend an Act creating a new Charter for the City of Zebulon, approved March 28, 1961 (Ga. L. 1961, p. 2704), as amended, so as to change the date of the regular city election for 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 Zebulon, approved March 28, 1961 (Ga. L. 1961, p. 2704), as amended, is hereby amended by striking section 7.1 of Article III in its entirety and inserting in lieu thereof a new section 7.1 to read as follows: Section 7.1. Regular Elections, Time for Holding The regular election for mayor and councilmen, or councilmen, shall be held on Tuesday after the first Monday in November of each year. Officials elected at any regular election

Page 3725

shall take office on the first of January next following such election. Section 2. The provisions of this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval, and said provisions shall apply to all regular elections held after such effective date. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to amend an Act creating a new Charter for the City of Zebulon, approved March 28, 1961 (Ga. L. 1961, p. 2704), as amended, so as to change the date of the city elections; and for other purposes. This 20th day of January, 1975. J. R. Smith Representative, 78th 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 78th 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 30, February 6, 13, 1975. /s/ J. R. Smith Representative, 78th District

Page 3726

Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1975. (Seal). Approved April 17, 1975. GLYNN COUNTYSHERIFF'S OFFICEPERSONNEL PROVISIONS CHANGED. No. 319 (House Bill No. 755). An Act to amend an Act placing the Sheriff of Glynn County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3434), so as to change the provisions relating to personnel within the sheriff's office; to change the compensation of certain personnel within the sheriff's office; to provide for increases in certain salaries based on length of service; to change the provisions relating to car and clothing allowances; to change the provisions relating to the furnishing of uniforms by 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 placing the Sheriff of Glynn County upon an annual salary, approved March 17, 1960 (Ga. L. 1960, p. 2806), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3434), is hereby amended by striking in its entirety Section 2 and substituting in lieu thereof a new Section 2, to read as follows:

Page 3727

Section 2. The sheriff shall be authorized to appoint the following deputies and other personnel to assist him: 1 chief deputy 1 1st senior deputy 1 2nd senior deputy 6 additional deputies 1 office deputy 1 clerk-typist 1 chief jailer and 7 additional jailers 2 matrons 1 cook 2 custodians. Section 2. Said Act is further amended by striking section 2A in its entirety and substituting in lieu thereof a new section 2A, to read as follows; Section 2A. The base salary of the sheriff and of persons employed in the jobs provided in Sections 2 shall be as follows: sheriff $ 18,000 chief deputy $ 12,000 1st senior deputy $ 9,600 2nd senior deputy $ 8,900 2 deputies $ 8,400 5 deputies, including the office deputy $ 7,500 chief jailer $ 7,500 7 additional jailers $ 7,200 2 matrons $ 5,400 clerk-typist $ 5,400 2 custodians $ 4,800 cook $ 3,600. Section 3. Said Act is further amended by striking section 2B in its entirety and substituting in lieu thereof a new section 2B, to read as follows: Section 2B. The base salaries provided in Section 2A shall be increased by 3 percent for each year of service completed after January 1, 1974, except for the base salaries

Page 3728

of the chief jailer, 7 additional jailers, and the clerk-typist which shall be increased by 3 percent for each year of service completed after January 1, 1975. Section 4 . Said Act is further amended by striking section 2C in its entirety and substituting in lieu thereof a new section 2C, to read as follows: Section 2C. The sheriff and each of his deputies, except the office deputy, shall each receive from county funds the sum of $2,100 per annum as a car allowance. Said sum shall be paid in monthly installments from the funds of Glynn County. On all official trips out of Glynn County or the State of Georgia, the sheriff or deputies shall be paid 12- per mile per round trip. The governing authority of Glynn County may provide automobiles to the sheriff and the deputies who are entitled to a car allowance, and all expenses connected with such automobiles shall be paid from county funds. In the event automobiles are provided by the county, neither car allowance nor mileage shall be paid to the sheriff or deputies who are provided with such cars. The sheriff and deputies shall be furnished necessary guards for safety when transporting prisoners and mental patients and the guards shall be paid at the rate of bailiff's per diem. All necessary expenses including room and meals shall be paid by the county governing authority out of the funds of Glynn County. Section 5 . Said Act is further amended by striking section 2D in its entirety and substituting in lieu thereof a new section 2D, to read as follows: Section 2D. In addition to any other compensation, the sheriff, chief deputy, 1st senior deputy, 2nd senior deputy, the office deputy, and each deputy shall receive a clothing allowance of $200 per annum. Such allowance shall be paid in a lump sum on January 1, of each year out of county funds. If the sheriff or a deputy has not served as sheriff or deputy for the 12 months preceding January 1 of any year, the clothing allowance shall be reduced by 1/12 for each month the sheriff or deputy did not serve. The chief jailer, the 7

Page 3729

additional jailers, and the matrons shall be issued uniforms by the county, purchased with county funds. Section 6 . This Act shall become effective on July 1, 1975. Effective date. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of General Assembly of Georgia a bill to amend an Act placing the Sheriff of Glynn County upon salary, approved March 17, 1960, (Ga. L. 1960, p. 2806, as amended. To repeal conflicting laws and for other purposes. This 10th day of January, 1975. Harry W. Owens Sheriff, Glynn County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eston A. Harden who, on oath, deposes and says that he is Representative from the 154th 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 15, 22, 29, 1975. /s/ Eston A. Harden Representative, 154th District

Page 3730

Sworn to and subscribed before me, this 17th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF JAKINNEW CHARTER. No. 320 (House Bill No. 756). An Act to provide a new Charter for the City of Jakin, Georgia, in the County of Early; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for general provisions; to provide for other matters relative thereto; provide for specific repeal; 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: ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation . This Act shall constitute the whole Charter of the City of Jakin, repealing and replacing the charter provided by an Act of the General Assembly approved December 16, 1895 (Ga. L. 1895, p. 236), as amended. The City of Jakin, Georgia, in the County of Early and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Jakin, Georgia, and by that name shall have perpetual

Page 3731

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. Corporate Boundaries . (a) The boundaries of the City of Jakin 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 Jakin, at all times, shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of city hall and to be designated as the case may be: Map (or Description) of the Corporate Limits of the City of Jakin, 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. (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 1.12. Specific Powers . The corporate powers of the government of the City of Jakin, 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; 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;

Page 3732

(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 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; (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, fees, fares, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same; and to fix the manner in which such remedies shall be enforced; (9) to grant franchises or make contracts for public utilities and public services, and to prescribe the rates, fares,

Page 3733

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 of the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or 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, public buildings, recreational facilities, cemeteries, markets and market houses, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the 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 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 housing, building, plumbing, electrical, gas and heating and air-conditioning codes; 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;

Page 3734

(15) to provide for the prevention and punishment of drunkenness, riots and public disturbances; (16) to regulate or prohibit junk dealers, 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, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise; (18) to license, tax, regulate or prohibit professional fortune telling or palmistry; (19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads 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;

Page 3735

(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; to regulate the collection and disposal of garbage, rubbish and refuse; to regulate the collection and disposal of garbage, rubbish and refuse by others; 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 and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (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; 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 change 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, conduct, practice 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;

Page 3736

(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 mayor's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the city or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the City of Jakin; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting offenses against the laws of this State, are deemed by the governing authority to be detrimental and offensive to the peace and good order of the City of Jakin 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; 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; and to provide punishment for violation of ordinances enacted hereunder;

Page 3737

(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 of 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 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, orinances, 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

Page 3738

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 now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the city 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,

Page 3739

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. ARTICLE II GOVERNING BODY Section 2.10. Creation, Composition, Number, Election. The legislative authority of the government of the City of Jakin, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualifications of Office. The members of the council shall serve for terms of one year 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 90 days 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 Jakin, 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) The 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) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any

Page 3740

qualifications of the office as prescribed 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) 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. 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) 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) 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 charter, the council shall be vested with all the powers of government of the City of Jakin 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

Page 3741

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 Jakin and may enforce such ordinances by imposing penalties for violation thereof. (c) The council may be ordinance create, change, alter, abolish or consolidate officers, 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 Jakin. He shall posses, 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; Qualifications. The mayor shall be elected for a term of one year and until his successor is elected and qualified. He shall be a qualified elector of the City of Jakin, 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 Jakin for a period of 90 days immediately preceding his election. He shall continue to reside in the City of Jakin during the period of his service. Section 2.22. Powers and Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (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

Page 3742

executed by the city which by law are required to be in writing; (e) see that all laws and ordinances of the city are faithfully executed; (f) appoint and remove all officers, department heads and employees of the city except as otherwise provided in this charter; (g) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (h) 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; (i) call special meetings of the council as provided for in section 2.31; (j) examine and audit all accounts of the city before payment; (k) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (l) 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. Section 2.30. Organization Meeting. The council shall meet for organization on the first Monday in February. The

Page 3743

meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilman as the case may be) of the City of Jakin 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 one year 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 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 residences 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 meeting and attendance at the meeting shall also constitute 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.

Page 3744

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 the keeping of a journal of its proceedings, which journal shall be a public record. 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 Jakin 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. 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 2.37 for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to section 2.37. (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 2.37. Signing, Authenticating, Recording; Codification; Printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept

Page 3745

for that 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 Jakin, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and shall be 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 Jakin 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 Section 3.12. Administrative and Service Departments. (a) The council by ordinance may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city as it shall deem necessary for the

Page 3746

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 functions 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 shall receive such compensation as prescribed by ordinance of the city council. Section 3.13. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities 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, terms of office or manner of appointment are prescribed by this charter or by applicable state law.

Page 3747

(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 city clerk an oath obligating himself to perform faithfully and impartially 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 or 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 or 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 city government shall elect one of its members as 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 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 city clerk.

Page 3748

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 to the city manager any of the administrative or budgetary duties of the mayor. Section 3.30. City Attorney. The council may 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 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 city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the procedurings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.41. City Tax Collector. The council may appoint a city 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. The city 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

Page 3749

positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation. There is hereby established a court to be known as the Mayor's Court of the City of Jakin 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; to punish any person who may counsel, advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases 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 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. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (b) The judge pro tem. shall serve in the absence of the judge, shall be appointed by the council and shall take the same oath as the judge. (c) Before entering on the duties of his office, the judge shall take an oath before an officer duly authorized to

Page 3750

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 mayor's court shall try and punish for crimes against the City of Jakin and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or 30 days in jail. The mayor's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $100.00 or imprisonment for 30 days, or both, and as an alternative to fine or imprisonment, the court may 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 30 days. (b) The mayor's court shall have the authority to establis 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 mayor's court shall have the 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, personal property 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 shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and such defendant

Page 3751

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 Jakin, 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 mayor'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 been violated. (e) The mayor'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 mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Jakin 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 Early 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 probate court; provided, however, 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. 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

Page 3752

mayor's court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedures of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in mayor's court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections; Time for Holding. On the last Saturday in January, 1976, and on said date annually thereafter, there will be an election for the office of mayor. On the same day and month in 1976, five councilmen shall be elected to serve one year in the order of expiration of terms of those now serving as such; and on said date annually thereafter, there shall be an election for five councilmen. 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 Article II, 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 the election in the City of Jakin. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Jakin as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, as now or hereafter 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

Page 3753

shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within six 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, as now or hereafter amended. Section 5.30. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (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) wilful 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. If 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 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall

Page 3754

have the right of appeal from the decision of the council to the Superior Court of Early County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed with the Superior Court of Early County as provided by law. ARTICLE VI FINANCE AND FISCAL 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 the City of Jakin. 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 real and personal property within the corporate limits of the city for the purpose of raising revenue to defray the costs of operating the city government, providing governmental services and for any other public purpose as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Jakin is hereby exempted from the provisions of Georgia Code sections 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, 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

Page 3755

may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which 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 shall have full power to levy by ordinance such license and specific or occupation taxes upon the residents of the City of Jakin, 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 any lawful way; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; 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 Charge. 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 Jakin 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 served, second in priority only to liens for county and city property taxes.

Page 3756

Said lien 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, enforce, levy and 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 and 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. Said lien 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, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 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 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 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

Page 3757

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, however, 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 accordance 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 6.20. 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 this 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 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. Section 6.30. Fiscal Year. The council may 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, institution, agency and activity of the city government unless otherwise provided by state or federal law. Section 6.31. Preparation of Budgets. The council may

Page 3758

provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program and a capital budget including requirements as to scope, content and form of any such budgets and programs. Section 6.40. 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 of 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 6.41. Centralized Purchasing. (a) The council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Jakin. (b) The council may sell and convey any real or personal property owned or held by the City of Jakin for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) 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

Page 3759

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. Section 6.42. 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 the City of Jakin. 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 6.43. 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 the City of Jakin. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees, both elected and appointed, of the City of Jakin shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Jakin not inconsistent with the provisions of this charter shall continue

Page 3760

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 Jakin not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Penalties. The violations of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and punishable by a fine of not more than $100.00 or by imprisonment not to exceed 30 days or both such fine and imprisonment. Section 7.13. Specific Repealer. An Act incorporating the City of Jakin in the County of Early, approved December 16, 1895 (Ga. Laws 1895, p. 236), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.14. Severability. If any article, section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 7.15. Effective Date. This charter shall become effective on May 1, 1975. Section 7.16. 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 in the 1975 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Jakin, Georgia. To provide for all matters thereto and for other purposes.

Page 3761

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 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: January 30, February 6, 13, 1975. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me, this 17th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18. 1976. (Seal). Approved April 17, 1975. FULTON COUNTY CIVIL COURTAPPEAL PROVISIONS CHANGED. No. 321 (House Bill No. 759). An Act to amend an Act establishing the Civil Court of Fulton County (formerly the Municipal Court of Atlanta), approved August 30, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved March 10, 1933 (Ga. L. 1933, p. 290), so as to change the provisions relating to appeals to the Appellate Division of said court and to the Court of Appeals and Supreme Court of Georgia in certain cases; to provide for practices and procedures

Page 3762

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 Civil Court of Fulton County (formerly the Municipal Court of Atlanta), approved August 30, 1913 (Ga. L. 1913, p. 145), as amended, particularly by an Act approved March 10, 1933 (Ga. L. 1933, p. 290), is hereby amended by striking subsection (c) of section 42, which reads as follows: (c) In all cases wherein the amount involved, exclusive of interest, attorneys' fees, and cost, is less than three hundred dollars, an appeal shall lie from the order overruling or refusing the motion for new trial or the final order or judgment of the trial judge, as the case may be, to the Appellate Division of said court; provided, however, that no appeal shall lie to the Appellate Division upon the first grant of a new trial by the trial judge. and inserting in lieu thereof a new subsection (c) to read as follows: (c) In all cases in said court an appeal shall lie from the order overruling or refusing the motion for new trial or the final order or judgment of the trial judge, as the case may be, to the Appellate Division of said court or to the Court of Appeals or Supreme Court of Georgia at the election of any party to the case, regardless of the amount involved in the suit or proceeding; provided, however, that no appeal shall lie to the Appellate Division upon the first grant of a new trial by the trial judge. Such appeals shall be taken to the Court of Appeals or the Supreme Court in the same manner judgments and orders of the Superior Court are now reviewed, and in such cases, the trial judge shall have the same powers and duties respecting supersedeas as the judges of the Superior Courts now have. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3763

Notice of Intention to Apply for Local Legislation. Notice is hereby given that I will introduce in the 1975 session of the Georgia General Assembly legislation which will amend an Act establishing the Civil Court of Fulton County, as amended, so as to change the provisions relating to appeals to the Appellate Division of said Court and to the Court of Appeals and Supreme Court of Georgia in certain cases; to provide for practices and procedures in connection with the foregoing; to repeal conflicting laws; and for other purposes. This 27 day of January, 1975. William H. Alexander State Representative, 38th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William H. Alexander who, on oath, deposes and says that he is Representative from the 38th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 28, February 4, 11, 1975. /s/ William H. Alexander Representative, 38th District Sworn to and subscribed before me, this 11th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18. 1976. (Seal). Approved April 17, 1975.

Page 3764

JOHNSON COUNTYSALARY OF TAX COLLECTOR CHANGED. No. 322 (House Bill No. 775). An Act to amend an Act placing the Tax Collector of Johnson County on an annual salary in lieu of the fee system of compensation, approved March 30, 1971 (Ga. L. 1971, p. 2610), so as to change the annual salary of the tax collector; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Tax Collector of Johnson County on an annual salary in lieu of the fee system of compensation, approved March 30, 1971 (Ga. L. 1971, p. 2610), 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 tax collector shall receive an annual salary of $9,000,000, 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 1975 session of the General Assembly of Georgia, a bill to increase the travel expenses of the three members of the Board of Commission of Roads and Revenues of Johnson County, Georgia and to increase the salary of the chief deputy sheriff of Johnson County, Georgia and to increase the salary of Tax Collector of Johnson County, Georgia and for other purposes. This 3rd day of January, 1975. Tom C. Carr Representative, 90th District

Page 3765

Georgia, Johnson County. I, Charles T. McMichael, editor and publisher of The Wrightsville Headlight, the official gazette for Johnson County, Georgia, do hereby certify that the following legal notice appeared in The Wrightsville Headlight on January 9th, January 16th, January 23rd, 1975. This 4th day of February, 1975. /s/ Charles T. McMichael Editor and Publisher /s/ Hodges Rowland Notary Public. (Seal). Approved April 17, 1975. JOHNSON COUNTYDEPUTY SHERIFFSALARY CHANGED. No. 323 (House Bill No. 776). An Act to amend an Act placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2579), as amended, particularly by an Act approved April 30, 1971 (Ga. L. 1971, p. 2627), so as to change 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 placing the Sheriff of Johnson County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2579), as amended, particularly by an Act approved April 30, 1971 (Ga. L. 1971, p. 2627), is hereby amended by striking section

Page 3766

4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The sheriff shall have the authority to appoint one deputy, who shall be compensated in the sum of $700.00 per month from county funds. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person or persons who shall be employed as his deputy, and to prescribe his duties and assignments, and to remove or replace said deputy at will and within his sole discretion. Section 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 1975 session of the General Assembly of Georgia, a bill to increase the travel expenses of the three members of the Board of Commission of Roads and Revenues of Johnson County, Georgia and to increase the salary of the chief deputy sheriff of Johnson County, Georgia and to increase the salary of Tax Collector of Johnson County, Georgia and for other purposes. This 3rd day of January, 1975. 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 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3767

Wrightsville Headlight which is the official organ of Johnson County, on the following dates: January 9, 16, 23, 1975. /s/ Tom C. Carr Representative, 90th District Sworn to and subscribed before me, this 17th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18. 1976. (Seal). Approved April 17, 1975. FORSYTH COUNTY WATER AND SEWERAGE AUTHORITY ACT. No. 324 (House Bill No. 788). An Act to create the Forsyth 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 and to impose duties on the Authority; to provide for the 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

Page 3768

undertakings or projects; to authorize the issuance of revenue bonds or obligations 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 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 trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Forsyth County or the City of Cumming shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or 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 or obligations; 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. 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), as amended; to provide for the separate enactment of each provision of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This may be cited as the Forsyth County Water and Sewerage Authority Act. Section 2. Forsyth County Water and Sewerage Authority. (a) There is hereby created a body corporate and politic to be known as the Forsyth County Water and Sewerage Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The Authority

Page 3769

is hereby granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the Authority as provided under the provisions of this Act. (b) The Authority shall consist of eight (8) members, all of whom shall be residents of Forsyth County, Georgia. Five (5) members of the Authority shall be appointed by the governing body of Forsyth County, and three (3) members of the Authority shall be appointed by the governing body of the City of Cumming. The members of the Authority shall be appointed to serve for a term of four (4) years from the date of such appointment and until their successors shall have been selected and appointed. (c) 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 (1) of its members as chairman and another member as vice chairman and it shall also elect a secretary and treasurer, who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights. Five (5) 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 Forsyth County; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Definitions. As used in this Act the following words and terms shall have the following meanings:

Page 3770

(a) The word Authority shall mean the Forsyth County Water and Sewerage Authority created in 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 Forsyth 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 every type, including, but not limited to, the acquisition and construction of treatment plants, ponds and lagoons, within and without the territorial boundaries of Forsyth 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 most 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, 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 expenses, 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

Page 3771

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. 1957, p. 36), as amended, 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 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 earnings 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 powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights 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

Page 3772

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 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 of Georgia for the credit of the general fund of the State of the reasonable value of such land in accordance with the applicable laws of the State of Georgia; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in Forsyth County or in any municipality incorporated in said County, the governing authority or body of said County or of any of said municipalities, is hereby authorized to convey title to such lands to the Authority upon payment for the credit of the general funds of said County or municipalities the reasonable value of such lands, such value to be determined by three (3) appraisers to be agreed upon by the governing authority or body of said County or municipality and the Chairman of the Authority; (d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations. (e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with

Page 3773

respect to the use of projects which it causes to be constructed or acquired, and any and all persons, firms and corporations, the State 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, 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 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 or from the State of Georgia or any agency or instrumentality thereto; (g) To accept loans and 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; (h) To accept loans and grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable

Page 3774

solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (k) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto, interest shall be payable semiannually, principal shall mature at such time or times not exceeding forty (40) years from such date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), 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.

Page 3775

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 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 be signed by the Chairman of the Authority and attested by the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary 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 person 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 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 laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Section 9. Same; Sale; Proceeds. The Authority may sell such bonds in such manner and for such price as it may

Page 3776

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 bond or any 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 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 Forsyth County or the City of Cumming, nor a pledge of the faith and credit of 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 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.

Page 3777

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 outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including convenants 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 may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 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

Page 3778

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 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, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (a) the interest upon such revenue bonds as such interest shall fall due, (b) the principal of the bonds as the same shall fall due, (c) any premium upon bonds acquired by redemption, payment or otherwise, (d) the necessary charges of the paying agent or agents for paying principal and interest, and (e) any investment fees or charges. 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 be reissued, printed and delivered. Section 17. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or

Page 3779

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 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 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. 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 Forsyth 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 20. 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,

Page 3780

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, 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 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, the State and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Forsyth County Water and Sewerage Authority. Section 21. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, 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.

Page 3781

Section 23. Tort Immunity. The Authority shall have the same immunity and exemption from liability for torts and negligence as Forsyth 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 Forsyth County when in performance of their public duties or work of the County. Section 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and revise, from time to time, rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, and in anticipation of the collection of the revenues and income of such undertakings or projects, 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 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 and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made. Section 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities, sewerage service and facilities, or both, shall be furnished. 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 Forsyth County or any municipality located therein or any adjoining county the authority to own, operate and

Page 3782

maintain a water system, a sewerage system or a combined water and sewerage system, or to issue revenue bonds 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 of Georgia and their inhabitants, shall be liberally construed to effect the purposes hereof. Section 28. Effect of Partial Invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof. Section 29. 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 January 1975 session of the General Assembly of Georgia, a bill creating the Forsyth County Water and Sewerage Authority, conferring powers and imposing duties on said Authority and for other purposes. This 7th day of January, 1975. Lipscomb Manton and Johnson Emory Lipscomb County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood who, on

Page 3783

oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following dates: January 15, 22, 29, 1975. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 17th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TOWN OF NORWOODCHARTER AMENDEDSALARY OF MAYOR, ETC., CHANGED. No. 325 (House Bill No. 790). An Act to amend an Act revising, consolidating and superseding the Acts incorporating the Town of Norwood in the County of Warren and providing a new charter for said town, approved August 10, 1916 (Ga. L. 1916, p. 838), as amended by an Act approved February 12, 1945 (Ga. L. 1945, p. 588), so as to change the provisions relative to 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 revising, consolidating and superseding the Acts incorporating the Town of Norwood in the County of Warren and providing a new charter for said

Page 3784

town, approved August 10, 1916 (Ga. L. 1916, p. 838), as amended by an Act approved February 12, 1945 (Ga. L. 1945, p. 588), is hereby amended by striking section 10 in its entirety and substituting in lieu thereof a new section 10 to read as follows: Section 10. The salary of the Mayor of the Town of Norwood shall be Two Hundred ($200.00) Dollars per year and the salary of each Councilman shall be Ten ($10.00) Dollars per month and in addition each Councilman shall be paid Fifteen ($15.00) Dollars for each separately called meeting of the Council. Salary. Section 2. This Act shall become effective on July 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce a Local Bill. Notice is hereby given that it is the intention of the undersigned to introduce for passage at the 1975 session of the Georgia Legislature a local Bill entitled as follows: An Act to Amend an Act entitled An Act to amend, revise, consolidate and supersede the Acts incorporating the Town of Norwood, in the County of Warren; to confer additional powers upon the corporate authorities thereof, and otherwise amend the charter of said town, and to provide a new charter for the same, by striking Sec. 10 of said Act in its entirety and substituting a new Sec. 10 to read as follows: Section 10. The salary of the Mayor of the Town of Norwood shall be Two Hundred ($200.00) Dollars, per annum, and the salary of each councilman shall be Ten ($10.00) Dollars per month, and in addition each Councilman shall

Page 3785

be paid the sum of Fifteen ($15.00) Dollars for each separately called meeting of the Council. This 23rd day of December, 1974. Ben Barron Ross Representative Elect 76th District John J. Bryan Mayor Leamon Cooper Councilman John Edward Carrell Councilman L. A. Whaley Councilman Harvey Drake Councilman Georgia, Warren County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the: The Warrenton Clipper legal organ for Warren County, the following dates, to-wit: December 27, 1974, January 3, 1975, January 10, 1975. Sworn to on the 25th day of January, 1975. /s/ Alva L. Haywood Publisher Sworn to and subscribed to before me, on the 25th day of January 1975. /s/ Julia N. Haywood Notary Public, Warren County Georgia. My Commission Expires April 12, 1977. (Seal). Approved April 17, 1975.

Page 3786

LIBERTY COUNTYSTATE COURTSALARY OF JUDGE CHANGED, ETC. No. 327 (House Bill No. 792). An Act to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, so as to change the compensation of the judge and solicitor of said court; to provide an effective date; 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 Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, is hereby amended by striking from section 4A the following: five thousand ($5,000.00) dollars, and inserting in lieu thereof the following: seven thousand four hundred dollars ($7,400.00), so that when so amended, section 4A shall read as follows: Section 4A. The judge of the State Court of Liberty County shall receive a salary of seven thousand four hundred dollars ($7,400.00) per annum, and the same shall be paid monthly out of the public funds of Liberty County and out of any fund set aside for paying current expenses of said county. The judge of said court shall receive no other compensation for his service. He shall not be permitted to practice law in his own court, but may practice in other courts. Judge. Section 2. Said Act is further amended by striking from section 5A of said Act the following: $4,000.00,

Page 3787

and inserting in lieu thereof the following: $5,200.00, so that when so amended, section 5A shall read as follows: Section 5A. The solicitor of the State Court of Liberty County shall be compensated in the amount of $5,200.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. Such compensation shall be in lieu of all fees which he has heretofore received except those provided in section 6. In the absence or disqualification of the solicitor, the judge of the city court shall appoint a solicitor pro tem, who shall be paid the amount on a pro rata basis which the solicitor would have received had he been serving. 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 1975 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Liberty County (formerly known as the City Court of Hinesville), approved August 9, 1916, (Ga. L. 1916, p. 232), as amended, so as to change the compensation of the Judge and Solicitor of said court; and for other purposes. This 20th day of January, 1975. Donald Fraser Representative, 139th District

Page 3788

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 139th 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 30, February 6, 13, 1975. /s/ Donald H. Fraser Representative, 139th District Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. PAYNE CITYCHARTER AMENDEDSALARY OF MAYOR, ETC., PROVIDED. No. 328 (House Bill No. 802). An Act to provide for the compensation of the Mayor, Councilmen and Recorder of the municipality of Payne City; to provide for the method of paying such compensation to the Mayor, Councilmen and Recorder; to provide a qualifying fee for the Mayor, Councilmen and Recorder as a condition to qualifying for elections; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3789

Section 1. Beginning with the first day of the month following the month in which this Act shall become effective, the Mayor of the municipality of Payne City shall receive an annual salary of $500; each Councilman shall receive an annual salary of $100; and the Recorder shall receive an annual salary of $200, each such salary payable in equal monthly installments from the funds of the municipality of Payne City. Salaries. Section 2. Beginning with the 1975 Payne City elections, each candidate for the position of City Councilman shall be required to pay a $10 qualifying fee to the Clerk of the municipality of Payne City as a condition precedent to running for said office. Each candidate for the office of Mayor of the municipality of Payne City shall be required to pay to the Clerk of said municipality a $25 qualifying fee as a condition precedent to running for said office. Each candidate for the office of Recorder shall be required to pay to the Clerk of said municipality a $15 qualifying fee as a condition precedent to running for said office. Provided, that should any candidate for the office of Mayor, Councilman or Recorder be unable to pay the respective fee, upon his making a properly sworn pauper's affidavit to such effect and filing same with the Clerk, no such qualifying fee shall be exacted. Qualifying fee. Section 3. This Act shall become effective immediately 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 Local Legislation. Notice is hereby given that application will be made at the 1975 session of the General Assembly of Georgia for the passage of legislation affecting the municipality of Payne City, setting the salaries for the office of mayor, councilman and recorder, setting a qualifying fee to be paid by each such

Page 3790

candidate for his respective office and changing the frequency and time of elections. Billy L. Evans Representative, 99th District House of Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy L. Evans who, on oath, deposes and says that he is Representative from the 99th District, and that the attached copy of Notice of Inention to Introduce Local Legislation was published in the Macon News which is the official organ of Bibb County, on the following dates: January 17, 24 and 31, 1975. /s/ Billy L. Evans Representative, 99th District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. PAYNE CITYCHARTER AMENDEDELECTION CHANGES. No. 329 (House Bill No. 803). An Act to change the frequency and date of elections for the offices of Mayor, Councilmen and Recorder of the municipality of Payne City; to provide for other matters

Page 3791

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. The governing body of the municipality of Payne City shall consist of a Mayor, five Councilmen and a Recorder who shall be elected as hereinafter provided. The election for Mayor, Councilmen and Recorder shall be held on the first Thursday in February and the persons elected to each office shall take office immediately after said election results are finalized. The Mayor, each Councilman and the Recorder shall serve a term of two years beginning with the election held in 1976. All candidates for the office of Mayor, Councilmen and Recorder shall be elected by a plurality of votes cast by qualified electors of the municipality of Payne City. Election. Section 2. This Act shall become effective for the purpose of electing the Mayor, Councilmen and Recorder of the municipality of Payne City upon the approval of this Act by the Governor or upon its otherwise 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 Apply for Local Legislation. Notice is hereby given that application will be made at the 1975 session of the General Assembly of Georgia for the passage of legislation affecting the municipality of Payne City, setting the salaries for the office of mayor, councilman and recorder, setting a qualifying fee to be paid by each such candidate for his respective office and changing the frequency and time of elections. Billy L. Evans Representative, 99th District House of Representative

Page 3792

Georgia, Bibb County. Personally appeared before me, a notary public within and for above state and county, Sandy Cochran, who deposes and says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit and that advertisement as per attached clipping has been published in the Macon News on the following dates: January 17, 24 and 31, 1975. /s/ Sandy Cochran Sworn to and subscribed before me, this 31st day of January, 1975. /s/ Peter S. Bikus Notary Public, Bibb County, Georgia. My Commission Expires March 22, 1975. (Seal). Approved April 17, 1975. CITY OF COLLINSNEW CHARTER. No. 330 (House Bill No. 808). An Act to re-create and reincorporate the City of Collins; to provide for corporate boundaries; to enumerate corporate powers; to provide for the exercise of powers; to create a city council; to provide terms and qualifications for office; to provide for the filling of vacancies; to enumerate certain prohibitions; to authorize inquiries and investigations; to provide for administrative and service departments; to establish a municipal court; to provide for finance and fiscal administration; to provide for municipal services and regulatory functions; to provide for all other matters relative to the foregoing; to repeal an Act to incorporate the City of Collins, in the County of Tattnall, State of Georgia, approved March 3, 1943 (Ga. L. 1943, p. 1356), as amended by an Act approved March

Page 3793

18, 1959 (Ga. L. 1959, p. 3206); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I CREATION, INCORPORATION AND POWERS Section 1.1. Incorporation. The City of Collins, Georgia, in the County of Tattnall and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of Collins, 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 all actions whatsoever, shall continue to be vested with all of the property and rights of property which now belong to the corporation, may contract and be contracted with, may acquire and hold property, both 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 1.2. Corporate Boundaries . The boundaries of the City of Collins 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 Collins, at all times, shall be shown on a map, a written description or in any combination thereof to be retained permanently in the city office and to be designated, as the case may be: Map and description of the corporate limits of the City of Collins, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map and description. Such entries or additions shall be made by and under the direction of the mayor and council. Photographic, typed, or other copies of such map and description

Page 3794

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 and description. The city council may provide for the redrawing of any such map and description. A redrawn map shall supercede for all purposes the earlier map and description which it is designated to replace. Section 1.3. Powers. The corporate powers of the government of the City of Collins, 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

Page 3795

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 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 ninety 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, and through air and water for the use of public utilities; (12) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and

Page 3796

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, 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, 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; 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;

Page 3797

(18) To license, tax, regulate, or prohibit professional fortune telling or palmistry; (19) To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads 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; to prevent pollution in any form whether solid, liquid, gaseous or noise; (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 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

Page 3798

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 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 s 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 eqiupment, 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 municipal court shall work out such sentence in any public

Page 3799

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; (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 ordinances enacted hereunder; (35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (36) To regulate and license vehicles operated for hire in the city; 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;

Page 3800

(39) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (40) To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof, and for preserving the health, 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

Page 3801

enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.3A. 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 1.3B. Construction . The powers of the City of Collins 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, both now and in the future. Section 1.3C. Exercise of Powers . All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried in the execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried in the execution as provided by ordinances of the governing authority and as provided by pertinent laws of the State of Georgia. Section 1.3D. 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.

Page 3802

ARTICLE II GOVERNING BODY Section 2.1. Creation; Composition; Number; Election. The legislative authority of the government of the City of Collins, except as otherwise specifically provided for in this charter, shall be vested in a city council to be composed of a mayor and five councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2.2. 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 Collins, 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 2.3. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) Vacancies. The 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 Office. The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude.

Page 3803

(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 2.4. Compensation and Expenses. The mayor shall receive as compensation for his services the amount of $25.00 per month. Councilmen shall receive $20.00 per month. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office, upon proper proof thereof. Section 2.5. 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 has or is about to acquire a personal interest. Section 2.6. 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 for by proper ordinance. Section 2.7. 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 Collins, Georgia, as provided for by Article I of this charter. (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

Page 3804

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 Collins and may enforce such ordinance or 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. Section 2.8. Election of Mayor; Term of Office; Vacancy. The mayor shall be elected by a majority vote of the registered voters of the city and his term of office shall be for a period of two years. In the case of a vacancy in the office of mayor, the remaining members of the city council shall elect from their members his successor for the unexpired term. Section 2.9. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (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; and (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 are by law required to be in writing. Section 2.10. Limitation on Terms of Service. No mayor elected and qualified for two successive terms shall be eligible for the succeeding term of office.

Page 3805

Section 2.11. 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 2.12. Organization Meeting. The council shall meet for organization on January 1 of each year. 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 2.13. 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 as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or three 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 residences at least 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

Page 3806

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. Section 2.14. 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 public record. Section 2.15. Quorum; Voting. Four councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinance 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 three councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter. Section 2.16. 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 Collins 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

Page 3807

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. Section 2.17. 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 2.18. 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 this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance,

Page 3808

shall be authenicated and recorded by the clerk pursuant to section 2.19. (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 2.19. 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 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 Collins, 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 Collins 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.

Page 3809

ARTICLE III EXECUTIVE BRANCH Section 3.1. 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 shall receive such compensation as prescribed by ordinance of the city council.

Page 3810

Section 3.2. 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 chairman and one member as vice chairman for terms of one year and may elect as its secretary one of its own members

Page 3811

or may appoint as secretary an employee of the city. Each board, commission or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the city. Section 3.3. 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 to the city manager any of the administrative or budgetary duties of the mayor. Section 3.4. City Attorney. The council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance or required, 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 municipal 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 3.5. 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 3.6. 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

Page 3812

laws of Georgia relating to the collection, sale or foreclosure of taxes by municipalities. Section 3.7. City Accountant. The council may appoint a city accountant to perform the duties of an accountant for the city. Section 3.8. Consolidation of Functions. The council may consolidate any two or more positions of city clerk, city tax collector and city accountant or any other positions or may assign the function of any one or more of such positions to the holder or holders of any other positions. The city manager may also, in the event a city manager has been selected 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. Section 3.9. Position Classification and Pay Plans. The mayor and council shall be responsible for the preparation of a position classification and pay plan for the employees of the City of Collins which shall be submitted to the council for approval. Said plans may apply to all employees of the City of Collins 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 3.10. 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 with 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 Collins.

Page 3813

ARTICLE IV JUDICIAL BRANCH Section 4.1. Creation. There is hereby established a court to be known as the Municipal Count of the City of Collins, Georgia, 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 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 4.2. 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 appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (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.

Page 3814

(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 4.3. 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 4.4 Jurisdiction; Powers. (a) The municipal court shall try and punish for crimes against the City of Collins, Georgia, 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 $100.00 or ten days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1000.00 or imprisonment for 365 days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a work gang or on the streets, sidewalks, squares or other public works for a period not exceeding 90 days. (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, at least two days before a hearing on the rule nisi. In the event that cash or

Page 3815

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 Collins, Georgia, 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, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Collins, Georgia, 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 4.5. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Tattnall 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 judge of the probate court; 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.

Page 3816

Section 4.6. 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 Section 5.1. Regular Election; Time for Holding. On the third Monday in December, and on said date biennially thereafter, there shall be an election for the office of mayor. On the same day and month in 1975, five councilmen shall be elected to serve two years in the order of expiration of terms of those now serving as such and on said date biennially thereafter, there shall be an election for five councilmen. 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 Article II, section 2.12 of this charter. Section 5.2. 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 elections in the City of Collins. Section 5.3. Applicability of General Laws. The procedures and requirements for elections of all elected officials of the City of Collins 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.

Page 3817

Section 5.4. 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 twelve 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. Section 5.5. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (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 law; (d) wilful 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 5.6. 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

Page 3818

be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Tattnall County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed in the Superior Court of Tattnall County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.1. 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 Collins, Georgia. 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 6.2. 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 Collins, Georgia, is hereby exempted from the provisions of Georgia Code section 92-4101 through 92-4104, inclusive. Section 6.3. 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

Page 3819

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 6.4. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk, tax collector or finance officer, as appropriate, and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which 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 6.5. 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 Collins, 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 of 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 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.

Page 3820

Section 6.6. 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 Collins; to provide for the cost of sewage treatment 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 liens for city property taxes. Section 6.7. Sanitary and Health Services Charge. The council shall have the authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations residing in or doing business in said city benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such 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 and under the same remedies as a lien for city property taxes. Section 6.8. 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 30 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

Page 3821

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 6.9. 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 rights, 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 6.10. 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 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 6.11. 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 6.12. Short-Term Notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year.

Page 3822

Section 6.13. 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 6.14. Preparation of Budgets. The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvements program and a capital budget including requirements as to the scope, content and form of such budgets and programs. Section 6.15. Submission of Operating Budget to City Council. On or before a date fixed by the council but not later than 30 days prior to the beginning of each fiscal year, the mayor or city manager, as appropriate, shall submit to the council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor or city manager, as appropriate, containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.16. Action by Council on Budget. (a) The council may amend the operating budget proposed by the mayor or city manager, as appropriate; except, that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund.

Page 3823

(b) The council shall adopt the final operating budget for the ensuing fiscal year not later than the first day of January of each year. 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. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable. Section 6.17. 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 the City of Collins, Georgia. 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 the City of Collins, Georgia. Section 6.18. 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. Section 6.19. Capital Improvements Budget. (a) On or before the date fixed by the city council but not later than

Page 3824

30 days prior to the beginning of each fiscal year, the mayor or city manager, as appropriate, shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments, or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants when passed by two-thirds vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the first day of the first month of each year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the mayor or city manager, as appropriate, may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council. Section 6.20. 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 6.21. Centralized Purchasing. (a) The council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Collins, Georgia. (b) The council may sell and convey any real or personal property owned or held by the City of Collins, Georgia, for

Page 3825

the 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. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor or city manager, as appropriate, 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. (d) 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 or city manager, as appropriate, 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 Section 7.1. 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 the City of Collins, Georgia. 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.

Page 3826

Section 7.2. 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 the City of Collins, Georgia. Section 7.3. 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 onto 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 7.4. Right-of-Way. The City of Collins 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 Tattnall 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.

Page 3827

Section 7.5. 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, airports, hospitals and charitable, educational, penal and medical instutions, 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 Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other applicable Georgia law. Section 7.6. 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 Collins regardless of whether or not the subject has an office or establishment with 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 7.7. Franchises. The council shall have authority to exercise control over the use of streets of the City of Collins. The power is hereby conferred upon the council to grant franchises for the use of said city's streets and alleys, for the purpose 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,

Page 3828

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 nonexclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of 99 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 7.8. 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 for 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. ARTICLE VIII SPECIFIC REPEALER Section 8.1. An Act to incorporate the City of Collins in the County of Tattnall, State of Georgia, approved March 3, 1943 (Ga. L. 1943, p. 1356), as amended by an Act approved March 18, 1959 (Ga. L. 1959, p. 3206), is hereby repealed in its entirety.

Page 3829

ARTICLE IX REPEALER Section 9.1. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1975 regular session of the Georgia Assembly of the State of Georgia repealing in its entirety the Municipal Charter for the City of Collins, Georgia, and substituting in lieu thereof a new charter for said city. The purpose of said legislation is to provide an up-to-date charter for the city. The purposed charter contains seven articles governing the powers, duties, functions and form of government for said city. The purposed charter has been adopted by the mayor and council and is available at the city offices for public inspection. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal which is the official organ of Tattnall County, on the following dates: January 9, 16, 23, 1975. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3830

CANDLER COUNTYTAX COMMISSIONERPERSONNEL SALARY CHANGES, ETC. No. 331 (House Bill No. 809). An Act to amend an Act creating the office of Tax Commissioner of Candler County, approved August 20, 1925 (Ga. L. 1925, p. 584), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 2738), so as to change the provisions relating to clerical and other personnel of the Tax Commissioner 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 creating the office of Tax Commissioner of Candler County, approved August 20, 1925 (Ga. L. 1925, p. 584), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 2738), is hereby amended by striking subsection (c) of section 4 in its entirety and inserting in lieu thereof a new subsection (c) of section 4 to read as follows: (c) The Tax Commissioner is hereby authorized to employ clerical and other personnel to assist him in the performance of his duties. The governing authority of Candler County shall fix the compensation for such personnel, and, when so fixed, such compensation shall be paid in equal monthly installments from the funds of Candler 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.

Page 3831

Notice of Intention to Introduce Local Legislation. Upon recommendation of the Commissioners of Candler County notice is hereby given that legislation will be introduced in the 1975 regular session of General Assembly of the State of Georgia to authorize an increase in salary of the secretary in the Tax Collectors office and the secretary in the Clerks office. A. D. Clifton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of In-Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 9, 16, 23, 1975. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CANDLER COUNTY STATE COURTSALARY OF JUDGE CHANGED, ETC. No. 332 (House Bill No. 810). An Act to amend an Act establishing the State Court of Candler County (formerly the City Court of Metter), approved

Page 3832

July 29, 1920 (Ga. L. 1920, p. 364), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3161), 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 State Court of Candler County (formerly the City Court of Metter), approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3161), is hereby amended by striking from section 5 of said Act the following: The judge of said court shall receive a salary of $4,250.00 per year, and inserting in lieu thereof the following: The judge of said court shall receive a salary to be fixed by the governing authority of Candler County at not less than $4,250.00 and not more than $5,000.00 per year, 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 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

Page 3833

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 to be fixed by the governing authority of Candler County at not less than $4,250.00 and not more than $5,000.00 per year, which shall be paid monthly out of the treasury or depository of Candler County, as other current expenses are paid, by the Board of Commissioners of Candler County, and such county authority shall annually make provision by levying taxes for this purpose. Judge. Salary. Section 2. Said Act is further amended by striking from section 6 the following: The said solicitor shall receive a salary of $3,750.00 per year, and inserting in lieu thereof the following: The said solicitor shall receive a salary to be fixed by the governing authority of Candler County at not less than $3,750.00 and not more than $4,500.00 per year, so that when so amended section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that 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 to be fixed by the governing authority of Candler County at not less than $3,750.00 and not more than $4,500.00 per year, which shall be paid in the same manner as the judge's salary is paid. In the absence or disqualification of the solicitor of

Page 3834

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. Salary. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon recommendation of the Commissioners of Candler County notice is given that legislation will be introduced in the 1975 regular session of the General Assembly of Georgia to change compensation for the Judge and Solicitor of the State Court of Candler County; the members of the Board of County Commissioners; the Judge of the Probate Court; the Clerk of the Board of Commissioners, and to provide for compensation for an assistant Clerk of the Board of Commissioners. A. D. Clifton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who,

Page 3835

on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 16, 23, 30, 1975. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CANDLER COUNTY BOARD OF COMMISSIONERSSALARY CHANGES. No. 333 (House Bill No. 811). An Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March 19, 1969 (Ga. L. 1969, p. 2233), and by an Act approved April 13, 1973 (Ga. L. 1973, p. 2627), as amended, so as to change the provisions relating to the compensation of the Chairman, Members of the Board, and Clerk of the Board of Commissioners of Candler 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 Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved March

Page 3836

19, 1969 (Ga. L. 1969, p. 2233), and by an Act approved April 13, 1973 (Ga. L. 1973, p. 2627), 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. The compensation of the members of said Board of Commissioners, other than the chairman, shall be fixed by a resolution adopted by the Board of Commissioners and shall be fixed at not less than $1,200.00 and not more than $2,400 per annum, payable in equal monthly installments from the funds of the county. Members. Section 2. Said Act is further amended by striking from section 7 the following: ,but not to be less than $150.00 nor more than $300.00 per month, so that when so amended section 7 shall read as follows: Section 7. Be it further enacted by the authority aforesaid that said Board of Commissioners shall be authorized to elect a clerk of said board, whose duty it shall be to keep in permanent form a complete record of the official acts of said board, including the receipt and disbursement of all county funds, to perform generally the duties of a secretary to said board and to perform such other duties as may be required of him by said board. Said clerk shall receive for his services such compensation as may be fixed by said board, and shall give such bond with good security for the faithful performance of his duties as such clerk as may be required by said board. The compensation as set out in this section shall be fixed each year by the members of said board. Clerk. Section 3. 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:

Page 3837

Section 13. The Chairman of the Board of Commissioners of Candler County shall be compensated in an amount to be fixed by a resolution adopted by the Board of Commissioners and shall be compensated in an amount not less than $3,600.00 and not more than $6,000.00 per annum, payable in equal monthly installments from the funds of Candler County. Chairman. 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. Upon recommendation of the Commissioners of Candler County notice is given that legislation will be introduced in the 1975 regular session of the General Assembly of Georgia to change compensation for the Judge and Solicitor of the State Court of Candler County; the members of the Board of County Commissioners; the Judge of the Probate Court; the Clerk of the Board of Commissioners, and to provide for compensation for an assistant Clerk of the Board of Commissioners. A. D. Clifton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 16, 23, 30, 1975. /s/ A. D. Clifton Representative, 107th District

Page 3838

Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Upon recommendation of the Commissioners of Candler County notice is hereby given that legislation will be introduced in the 1975 regular session of General Assembly of the State of Georgia to authorize an increase in salary of the secretary in the Tax Collectors office and the secretary in the Clerks office. A. D. Clifton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 9, 16, 23, 1975. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3839

CANDLER COUNTYSUPERIOR COURT CLERK'S PERSONNELSALARY CHANGES No. 334 (House Bill No. 812). An Act to amend an Act placing the Clerk of the Superior Court of Candler County on an annual salary in lieu of the fee system of compensation, approved March 22, 1974 (Ga. L. 1974, p. 2736), so as to change the provisions relating to clerical and other personnel of the clerk of the superior court and 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 Clerk of the Superior Court of Candler County on an annual salary in lieu of the fee system of compensation, approved March 22, 1974 (Ga. L. 1974, p. 2736), 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 clerk is hereby authorized to employ clerical and other personnel to assist him in the performance of his duties. The governing authority of Candler County shall fix the compensation for such personnel, and, when so fixed, such compensation shall be paid in equal monthly installments from the funds of Candler County. Clerk. Section 2. This Act shall become effective on the first day of the month following the month is 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. Upon recommendation of the Commissioners of Candler County notice is given that legislation will be introduced in

Page 3840

the 1975 regular session of the General Assembly of Georgia to change compensation for the Judge and Solicitor of the State Court of Candler County; the members of the Board of County Commissioners; the Judge of the Probate Court; the Clerk of the Board of Commissioners, and to provide for compensation for an assistant Clerk of the Board of Commissioners. A. D. Clifton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 16, 23, 30, 1975. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commssion Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Legislation. Upon recommendation of the Commissioners of Candler County notice is hereby given that legislation will be introduced in the 1975 regular session of General Assembly of the State of Georgia to authorize an increase in salary of the secretary in the Tax Collectors office and the secretary in the Clerks office. A. D. Clifton

Page 3841

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 9, 16, 23, 1975. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commssion Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CANDLER COUNTY PROBATE COURTJUDGE'S SALARY CHANGED. No. 335 (House Bill No. 813). An Act to amend an Act placing the Judge of the Probate Court of Candler County on an annual salary in lieu of the fee system of compensation, approved March 25, 1974 (Ga. L. 1974, p. 3347), so as to change the compensation of the judge of the probate court; to change the provisions relating to the compensation of personnel of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3842

Section 1. An Act placing the Judge of the Probate Court of Candler County on an annual salary in lieu of the fee system of compensation, approved March 25, 1974 (Ga. L. 1974, p. 3347), is hereby amended by strking section 2 in its entirety and inserting in lieu thereof a new section 2 to read as follows: Section 2. The judge of the probate court shall receive an annual salary of $12,600.00, payable in equal monthly installments from county funds. Said salary shall include compensation for the performance of the duties of the judge in holding elections, and such judge shall not receive any additional compensation for holding or conducting elections. 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 judge of the probate court is hereby authorized to employ clerical and other personnel to assist him in the performance of his duties. The governing authority of Candler County shall fix the compensation for such personnel, and, when so fixed such compensation shall be paid in equal monthly installments from the funds of Candler County. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon recommendation of the Commissioners of Candler County notice is given that legislation will be introduced in the 1975 regular session of the General Assembly of Georgia to change compensation for the Judge and Solicitor of the State Court of Candler County; the members of the

Page 3843

Board of County Commissioners; the Judge of the Probate Court; the Clerk of the Board of Commissioners, and to provide for compensation for an assistant Clerk of the Board of Commissioners. A. D. Clifton Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. D. Clifton who, on oath, deposes and says that he is Representative from the 107th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser which is the official organ of Candler County, on the following dates: January 16, 23, 30, 1975. /s/ A. D. Clifton Representative, 107th District Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. EMANUEL COUNTY BOARD OF COMMISSIONERSEXPENSE PROVISIONS CHANGED. No. 336 (House Bill No. 824). An Act to amend an Act creating the Board of Commissioners of Emanuel County, approved August 18, 1919 (Ga. L. 1919, p. 646), as amended, so as to change the provisions

Page 3844

relating to expenses; 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 Emanuel County, approved August 18, 1919 (Ga. L. 1919, p. 646), as amended, is hereby amended by striking from section 14 of said Act the following: outside Emanuel County, so that when so amended, section 14 shall read as follows: Section 14. Be it further enacted that each member of the board shall be compensated in the amount of twenty four hundred dollars ($2,400) per annum to be paid in equal monthly installments. Each member shall be reimbursed for actual expenses incurred while on official business of the board. All beforesaid amounts shall be paid by the treasurer of the County on an order of the board signed by the chairman and the clerk. The commissioners shall be exempt from road, jury and military duty and shall be subject to prosecution for malpractice in office in the same manner as justices of the peace. Expenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Legislation will be introduced at the coming session of the General Assembly to allow the County Commissioners of Emanuel County to be reimbursed for actual expenses incurred while conducting official business; and for other purposes. Elmo Blackburn, Clerk Clerk County Board of Commissioners Emanuel County, Georgia

Page 3845

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randolph C. Karrh who, on oath, deposes and says that he is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Swainsboro Forest Blade which is the official organ of Emanuel County, on the following dates: January 15, 22, 29, 1975. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. PAULDING COUNTY WATER AUTHORITYQUORUM PROVISIONS CHANGED. No. 337 (House Bill No. 826). An Act to amend an Act creating the Paulding County Water Authority, approved April 5, 1961 (Ga. L. 1961, p. 2837), as amended by an Act approved April 21, 1967 (Ga. L. 1967, p. 3478), by an Act approved March 21, 1968 (Ga. L. 1968, p. 2678) and by an Act approved February 21, 1969 (Ga. L. 1969, p. 2038), so as to change the provisions relative to a quorum of the authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3846

Section 1. An Act creating the Paulding County Water Authority, approved April 5, 1961 (Ga. L. 1961, p. 2837), as amended by an Act approved April 21, 1967 (Ga. L. 1967, p. 3478), by an Act approved March 21, 1968 (Ga. L. 1968, p. 2678) and by an Act approved February 21, 1969 (Ga. L. 1969, p. 2038), is hereby amended by striking from section 2 that sentence which reads as follows: Five (5) members of the authority shall constitute a quorum., and inserting in lieu thereof the following sentence: Four members of the authority shall constitute a quorum. Quorum. 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 1975 Session of the General Assembly of Georgia, a bill to amend an Act creating the Paulding County Water Authority, approved April 5, 1961 (Ga. L. 1961, p. 2837) as amended so as to change the number of members of the authority; and for other purposes. This 27th day of December, 1974. George H. Kreeger, A. L. Burruss, Joe Mack Wilson, G. Robert Howard, Bill Cooper, Representatives Haskew Brantley, Senator

Page 3847

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 Dallas New Era which is the official organ of Paulding County, on the following dates: January 23, 30, and February 6, 1975. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. WALTON COUNTY SHERIFFPERSONNEL PROVIDED. No. 338 (House Bill No. 828). An Act to amend an Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2172), as amended by an Act approved February 14, 1969 (Ga. L. 1969, p. 2027), and by Act approved April 5, 1971 (Ga. L. 1971, p. 3087), so as to provide for personnel within the sheriff's office; to provide for the duties and compensation of such personnel; to provide for the expenses of the sheriff's department; to provide for an

Page 3848

annual budget; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Walton County on a salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. L. 1964, Ex. Sess., p. 2172), as amended by an Act approved February 14, 1969 (Ga. L. 1969, p. 2027), and by an Act approved April 5, 1971 (Ga. L. 1971, p. 3087), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. (a) The sheriff shall have the authority to appoint not more than 20 deputies, with approval of the board of commissioners, and such other personnel as he shall deem necessary to effectively discharge the official duties of his office: Provided, however, that said personnel shall be defined as follows: Chief Deputy Sheriff, Regular Deputy Sheriff(s), Radio Operator(s), Bookkeeper(s), and Jailer(s). Personnel. There shall be one chief deputy sheriff who shall be designated by the sheriff. Said chief deputy sheriff shall receive an annual salary of not less than $10,000.00, payable in equal monthly installments from the funds of said county. Provided, however, the sheriff shall have authority to raise the salary of the chief deputy sheriff as he shall deem proper each year prior to the time of submission of the budget. (b) The sheriff shall submit in writing to the governing authority of said county the number of regular deputy sheriffs he deems necessary to effectively discharge the official duties of his office, including general law enforcement, service of all civil processes and care of the jail facility, and state therein the starting salary of each. The salary of each regular deputy sheriff shall be not less than $500.00 per month and shall be payable from the funds of said county as designated by the sheriff. The sheriff shall have the authority to increase the compensation of said deputy sheriffs to the amount he shall deem to be fair and just

Page 3849

compensation each year prior to the time of submission of the budget. The sheriff shall have the authority to name as many deputy sheriffs as he deems necessary to effectively discharge the official duties of his office, except as provided in subsection (a). On notice to the Board of Commissioners of Walton County by the sheriff of an increase in the compensation of any such deputy sheriff, each year prior to the time of submission of the budget, and with approval of the board of commissioners, said increase shall be an obligation of Walton County and shall be paid from the funds of Walton County. (c) The sheriff shall have the authority to designate to the governing authority person(s) who shall be employed in the sheriff's office as a radio operator or employed as a bookkeeper. The position of radio operator and bookkeeper, at the designation of the sheriff, may be filled by the same person or there shall be one or more individuals as the sheriff deems it necessary to effectively discharge the official duties of his office. The salary of the radio operator and the salary of the bookkeeper shall be not less than $400.00 per month and shall be payable from the funds of said county as designated by the sheriff. The sheriff shall have the authority to increase the compensation of the radio operator and the bookkeeper to the amount he shall deem to be fair and just compensation each year prior to the time of submission of the budget. On notice to the Board of Commissioners of Walton County by the sheriff of an increase in the compensation of such radio operator and bookkeeper, and with approval of the board of commissioners, said increase shall be an obligation of Walton County and shall be paid from the funds of Walton County. Provided, however, if one person holds the position of both radio operator and bookkeeper, that person shall be entitled to only one salary with the increases designated by the sheriff. (d) The sheriff shall have the authority to employ any number of part-time deputy sheriffs which he deems necessary for the proper functions of his office and shall designate in writing to the Board of Commissioners the name of each part-time deputy sheriff and the compensation each

Page 3850

part-time deputy sheriff is to receive. The compensation of each part-time deputy sheriff shall be an obligation of Walton County and shall be payable monthly from the funds of Walton County. (e) The sheriff shall have the authority to employ jailers for the purpose of caring for the jail and the confinement of the prisoners therein, together with any other duties pertinent thereto. The sheriff shall have the authority to appoint the number of jailers necessary to effectively care for the jail and provide necessary and adequate supervision, care and control of the prisoners located therein. The salary of the jailer shall not be less than $500.00 per month and shall be payable from the funds of Walton County as designated by the sheriff. The sheriff shall have the authority to increase the compensation of said jailer(s) to the amount he shall deem to be a fair and just compensation each year prior to the time of submission of the budget. On notice to the Board of Commissioners of Walton County by the sheriff of an increase in the compensation of such jailer(s), and with approval of the board of commissioners, said increase shall be an obligation of Walton County and shall be paid from the funds of Walton County. In the event the sheriff deems it necessary to the proper discharge of his office to have more than one jailer, he shall have the right to designate one of the jailers as chief jailer, naming his particular duties as opposed to the duties of the other jailers. Section 2. The sheriff shall have the right to submit in writing a list of the equipment and automobiles, together with the expenses, necessary to effectively discharge the official duties of his office. Upon such notice to the Board of Commissioners of Walton County the sheriff shall be provided with such equipment and automobiles and the cost thereof shall be paid from the funds of Walton County. Equipment. Section 3. Upon notice in writing to the Board of Commissioners of Walton County, the Commissioners shall pay the dues for all employees of the sheriff's department in the Peace Officers Annuity and Benefit Fund and shall further pay all hospitalization insurance premiums on the employees

Page 3851

of the sheriff's department, including those of the Sheriff of Walton County. Section 4. The sheriff shall annually submit to the Board of Commissioners of Walton County a budget thirty (30) days prior to the end of each fiscal year showing therein all expenditures anticipated for the next fiscal year, and such budget shall constitute notice to the Commissioners of Walton County as required herein. Budget. Section 5. This Act shall become effective on July 1, 1975. 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 1975 Session of the General Assembly of Georgia a bill to provide for Personnel within the sheriff's office to provide for the compensation of such personnel to provide an effective date; to repeal conflicting laws; and for other purposes. This 31st day of Dec., 1974. Bobby Carrell Representative, 75th District 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 75th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 3852

the Walton Tribune which is the official organ of Walton County, on the following dates: January 9, 16, 23, 1975. /s/ Bobby Carrell Representative, 75th District Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. JEFF DAVIS BOARD OF COMMISSIONERSAUDITING PROVISIONS CHANGED FOR SCHOOL SUPERINTENDENT. No. 339 (House Bill No. 848). An Act to amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, so as to change the provisions relative to the auditing of the books and accounts of the county school superintendent; 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 Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), 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 board of commissioners shall have the books and accounts of its office, the tax commissioner,

Page 3853

custodian of all county funds, sheriff and such other officers as may be necessary audited by a certified public accountant of this State immediately after it takes charge of the affairs of said county to cover such period as it deems advisable and every year thereafter. Said audit shall be filed in the office of said board of commissioners of said county and shall at all times be subject to inspection by any citizen or taxpayer of said county. A summary of said audit shall be published in the official organ of Jeff Davis County within 30 days after it shall have been completed. The county school superintendent shall be required to forward to the board of commissioners a copy of the audit of the books and accounts of his office as audited by the State. The board of commissioners, in its discretion, shall be authorized to have a separate audit of such office by a certified public accountant of this State covering such period as it deems advisable. Such audits by the State or board of commissioners shall at all times be subject to inspection by any citizen or taxpayer of said county. Book. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice of intention to introduce local Legislation. Notice is hereby given that there will be introduced in the regular 1975 Session of the General Assembly of Georgia, a bill for the purpose of removing the requirement that the Board of Commissioners of Jeff Davis County Georgia have the books and accounts of the County Superintendent of Schools audited, (See Ga. L. 1958 p. 3288, section 10, on p. 3293) as these are audited by the State Department of Audits and Accounts. By so doing said county will save an unecessary expense. This 13th day of January, 1975. R. Bayne Stone Representative, District 138, Post I

Page 3854

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Bayne Stone who, on oath, deposes and says that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jeff Davis County Ledger which is the official organ of Jeff Davis County, on the following dates: January 15, 22, 29, 1975. /s/ R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. COLUMBUSCHARTER AMENDEDAUTHORIZATION FOR TRANSFER OF POWERS FROM MEDICIAL CENTER BOARD OF COMMISSIONERS GRANTED, ETC. No. 340 (House Bill No. 852). An Act to amend the Charter of Columbus, Georgia as amended, so as to authorize the Council of Columbus, Georgia, in the even that it exercises its power to abolish the Medical Center Board of Commissioners, as authorized in section 4-622 of said Charter, to transfer all the powers and functions of said Medical Center Board of Commissioners to an Authority created by the Georgia Hospital Authorities Law, such authority to be in addition

Page 3855

to said Council's current power to transfer such powers and functions to a department or instrumentality of the Consolidated Government of Columbus, Georgia; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Section 4-622 of the Charter of Columbus, Georgia, as amended, is hereby amended by adding at the end thereof a new sentence to read as follows: In addition to the above powers, the Council of Columbus, Georgia is also authorized in its discretion to abolish the Medical Center Board of Commissioners and transfer all the powers and functions of said Medical Center Board of Commissioners to an Authority created by the Georgia Hospital Authorities Law, and such Authority shall be governed solely by said Hospital Authorities Law and shall not be restricted or required to operate under the provisions of the Act creating said Medical Center Board of Commissioners, approved April 4, 1963, (1963 Ga. L., p. 2916) as amended. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. 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 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 General Manager of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for the three weeks during a period of sixty days immediately preceding the introduction of the Act.

Page 3856

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, 1975, for the passage of a bill amending the charter of the Consolidated Government of Columbus, Georgia, so as to authorize the Council of Columbus, Georgia, in the event that it exercises its power to abolish the Medical Center Board of Commissioners, as authorized in section 4-622 of said Charter, to transfer all the powers and functions of said Medical Center Board of Commissioners to an authority created by and operating under the Georgia Hospital Authorities Law, such authority to be in addition to said Council's current power to transfer such powers and functions to a department or instrumentality of the Consolidated Government of Columbus, Georgia; and for other purposes. Lennie F. Davis City Attorney Columbus, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III 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 Columbus Ledger which is the official organ of Muscogee County, on the following dates: February 1, 8, 15, 1975. /s/ Thomas B. Buck, III Representative, 95th District

Page 3857

Sworn to and subscribed before me, this 19th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. RICHMOND COUNTY BOARD OF COMMISSIONERS FOR ROADS AND REVENUESCONTROL OF UTILITY EXCAVATIONS AUTHORIZED, ETC. No. 341 (House Bill No. 863). An Act to amend an Act entitled An Act to create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes., approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), so as to authorize the board to regulate and control access points and utility excavations on county roads; to provide 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 create a Board of Commissioners for Roads and Revenues for the County of Richmond; to define their powers and duties; and for other purposes., approved August 19, 1907 (Ga. L. 1907, p. 324), as amended, particularly by an Act approved August 14, 1931 (Ga. L. 1931, p. 555), is hereby amended by adding immediately before section 4 a new section, to be known as section 3D, to read as follows: Section 3D. The Board of Commissioners of Richmond County shall establish a program to regulate and control access points and utility excavations on all county roads,

Page 3858

and said board shall have the authority to adopt reasonable regulations in relation to the subject matter of this section in order to carry out the powers, duties and responsibilities imposed upon them by the provisions of this section. 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 there will be introduced at the regular 1975 Session of the General Assembly of Georgia an Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Richmond, to define their powers and duties and for other purposes, approved August 19, 1907 (Acts of 1907, p. 324), as amended, so as to provide for general powers; vacancies on Commission; vacancies in County offices; meeting of the Board; records; vouchers; reports; Clerk; attorney for Board; authority to regulate and control access points and utility excavations on County roads; and for other purposes. This 16th day of December, 1974. Robert C. Daniel, Jr. County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell who, on oath, deposes and says that he is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

Page 3859

Augusta Herald which is the official organ of Richmond County, on the following dates: January 11, 18, 25, 1975. /s/ Jack Connell Representative, 87th District Sworn to and subscribed before me, this 19th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TROUPE COUNTY SHERIFF, ETC.SALARIES CHANGED. No. 342 (House Bill No. 865). An Act to amend an Act entitled An Act to repeal an Act relative to the salaries of officials in certain counties approved February 2, 1955 (Ga. L. 1955, p. 2006) to enact provisions to provide for the compensation of the sheriff, the clerk of superior court, the ordinary and the tax commissioner of Troup County; to provide for deputies and assistants to such officers and their method of compensation; to provide for the disposition of fees, commissions, percentages and costs; to provide for a stipulated amount of compensation; to provide for payment of the same; to provide an effective date to repeal conflicting laws; and for other purposes., approved February 13, 1962 (Ga. L. 1962, p. 2093), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2689), so as to change the compensation of the Sheriff and the Tax Commissioner of Troup County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3860

Section 1 . An Act entitled An Act to repeal an Act relative to the salaries of officials in certain counties approved February 2, 1955 (Ga. L. 1955, p. 2006) to enact provisions to provide for the compensation of the sheriff, the clerk of superior court, the ordinary and the tax commissioner of Troup County; to provide for deputies and assistants to such officers and their method of compensation; to provide for the disposition of fees, commissions, percentages and costs; to provide for a stipulated amount of compensation; to provide for payment of the same; to provide an effective date to repeal conflicting laws; and for other purposes., approved February 13, 1962 (Ga. L. 1962, p. 2093), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2689), 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 Sheriff of Troup shall be compensated in the amount of fifteen thousand dollars ($15,000.00) per annum, to be paid in equal monthly installments from the funds of Troup County. Such compensation shall be all-inclusive, and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court. 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. The Tax Commissioner Troup County shall be compensated in the amount of fourteen thousand two hundred dollars ($14,200.00) per annum, to be paid in equal monthly installments from the funds of Troup County. Said compensation shall be in full payment for all services for receiving and collecting taxes due the State, county or any other subdivision and for discharging any and all duties imposed by law, and the said tax commissioner shall receive no other remuneration from fees or from any other source. Tax Commissioner. 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 3861

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 1975 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court and the Tax Commissioner of Troup County, approved February 13, 1962 (Ga. L. 1962, p. 2093), as amended, so as to change the compensation of the sheriff and tax commissioner; to repeal conflicting laws; and for other purposes. This 7th day of January, 1975. Troup County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware who, on oath, deposes and says that he is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LeGrange Daily News which is the official organ of Troup County, on the following dates: January 17, 24, 31, 1975. /s/ J. Crawford Ware Representative, 68th District. Sworn to and subscribed before me, this 19th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3862

LIBERTY COUNTYSALARY OF TAX COMMISSIONER CHANGED. No. 343 (House Bill No. 873). An Act to amend an Act creating the office of Tax Commissioner of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2327), as amended, so as to change the compensation of the Tax Commissioner and the full-time 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 Liberty County, approved February 16, 1955, (Ga. L. 1955, p. 2327), as amended, is hereby amended by striking section 4 in its entirety, and inserting in lieu thereof a new section 4, to read as follows: Section 4. The tax commissioner shall be compensated in an amount of seven thousand five hundred dollars ($7,500.00) per annum, to be paid in equal monthly installments from the funds of Liberty County. He is hereby authorized to employ a full-time deputy tax commissioner to assist him in the performance of the duties of his office, and such deputy shall be compensated in an amount not to exceed four hundred dollars ($400.00) per month, which shall be fixed by the tax commissioner and paid from the funds of Liberty County. Such deputy shall serve at the pleasure of the tax commissioner. All fees, commissions, costs or any other perquisites collected by the tax commissioner, except 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, shall be the property of Liberty County and shall be turned over to the fiscal authority of Liberty County with a detailed, itemized statement of the services for which such fees were collected.

Page 3863

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 1975 session of the General Assembly of Georgia a bill to amend an Act creating the office of Tax Commissioner of Liberty County, approved February 16, 1955 (Ga. L. 1955, p. 2327), as amended, so as to change the compensation of the Tax Commissioner and Deputy Tax Commissioner; and for other purposes. Donald Fraser Representative, 139th District. 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 139th 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 30, February 6, 13, 1975. /s/ Donald H. Fraser Representative, 139th District. Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3864

STEPHEN COUNTYBOARD OF COMMISSIONERSPROVISIONS CHANGED. No. 344 (House Bill No. 877). An Act to amend an Act creating a board of commissioners of Stephens County, approved March 22, 1937 (Ga. L. 1937, p. 1415), as amended, particularly by an Act approved February 19, 1974 (Ga. L. 1974, p. 2037), so as to change the provisions relative to said board of commissioners; to provide for other matters relative thereto; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a board of commissioners of Stephens County approved March 22, 1937 (Ga. L. 1937, p. 1415), as amended, particularly by an Act approved February 19, 1974 (Ga. L. 1974, p. 2037), 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. The Board of Commissioners of Stephens County is hereby created. Said Board shall consist of three persons who shall be qualified voters of said County. Board. Section 2. The three commissioners provided for herein shall be elected by the qualified voters of Stephens County. Said commissioners shall be elected from the county at large. Section 3. For the purposes of electing members to the Board of Commissioners of Stephens County, positions on the Board shall be numbered 1 through 3, respectively. Candidates for commissioner shall designate the Post for which they are offering for election. At the general election held in 1976, the commissioners from Posts 1, 2 and 3 shall be elected for terms of two years, beginning on January 1, 1977, and until their successors are elected and qualified. Thereafter, successors who are elected to succeed said members

Page 3865

of the Board and their successors shall be elected at the general election conducted in that year in which the terms of office shall expire, shall take office on the first day of January following their election and shall serve for a term of office of two years and until their successors are duly elected and qualified. Section 4. The election of members to the Board of Commissioners shall be conducted in accordance with the provisions of the Georgia Election Code relating to the election of candidates for such offices. 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. Said Board of Commissioners shall hold a regular meeting on the first and third Tuesday in each month. On the first Tuesday in January of each year, said Board shall meet and organize and shall elect one of their number as Chairman. The Chairman may call the Board together for a meeting whenever he deems it necessary, or any two members may call a meeting of said Board. Meetings. Section 3 . Said Act is further amended by striking section 7 in its entirety and substituting in lieu thereof a new section 7 to read as follows: Section 7. Should a vacancy occur in the membership of said Board of Commissioners by reason of death, resignation, removal from the county or otherwise, and the remaining term is six months or less, the Judge of the Superior Court of Stephens County shall appoint a qualified person to fill the vacancy for the unexpired term. If any such vacancy occurs and the remaining term is more than six months, the Judge of the Superior Court shall appoint a qualified person to fill such vacancy until a successor is elected to serve for the unexpired term at a special election as hereinafter provided. The Judge of the Probate Court of Stephens County shall issue the call for such special election as soon as practicable after the occurrence of said vacancy, and the

Page 3866

date of such election shall be set for at least 30 days after the issuance of the call. Any such special election shall be held in accordance with the provisions of Code Title 34, known as the `Georgia Election Code', as now or hereafter amended. Any such special election to fill a vacancy shall be held not more than six months after the occurrence of the vacancy. Vacancy. Section 4. The provisions of this Act necessary for the election of members of the Board of Commissioners of Stephens County at the general election of 1976, shall be effective only for the purpose of electing such members upon the approval of this Act by the Governor or upon its otherwise becoming law. For all other purposes, this Act shall become effective on January 1, 1977. 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 January 1975 session of the General Assembly of Georgia, a bill providing that the form of government in Stephens County as voted for in the 1974 referendum be the form of government for Stephens County, Georgia, and to provide for all matters relative thereto; and for other purposes. This 10th day of January, 1975. Newt Rice Chairman of Board of Commissioners of Stephens County. 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

Page 3867

the Piedmont Herald which is the official organ of Stephens County, on the following dates: January 16, 23, 30, 1975. /s/ Jack Irvin Representative, 10th District. Sworn to and subscribed before me, this 20th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. RICHMOND COUNTY STATE COURTORDINANCE ENFORCEMENT PROVIDED. No. 345 (House Bill No. 897). An Act to amend an Act creating the State Court (City Court) in the County of Richmond (Ga. L. 1880-81, p. 574), so as to define the duties and powers of said Court; to provide that said Court shall have jurisdiction and enforce ordinances of the Board of Commissioners of Richmond County, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a State Court (City Court) in the County of Richmond (Ga. L. 1880-81, p. 574), is hereby amended by adding a new section between section 17 and section 18, to be known as section 17-A, as follows: Section 17-A. The State Court of the County of Richmond shall have the jurisdiction to hear and determine cases involving violations of the Ordinances of Richmond

Page 3868

County. Jurisdiction of the Court shall extend throughout the entire territorial limits of Richmond County, Georgia, and all of the following provisions shall apply to the prosecutions for violations of any Ordinance of Richmond County. Jurisdiction. All prosecutions for violations of any Ordinance of Richmond County shall be commenced within one year next after commission of the offense, and at no time thereafter, except that such period of limitation shall not run so long as the offender or offense is unknown and shall be suspended during such time as such offender may abscond from said county or absent himself therefrom, or so conceal himself that he cannot be arrested or summoned to appear before said Court. The Judge of State Court shall have power to hear and determine all cases involving violations of Ordinances of Richmond County, the Judge may punish such offender by a fine not to exceed $300.00, by imprisonment in the County jail for a period not in excess of 60 days, to work in the work gang on the public streets, or on such public works as the County authorities may employ the work gang, not to exceed 60 days, or by any one or more of such punishments. The Sheriff of Richmond County shall receive, confine, feed and care for prisoners sentenced by said State Court for violations of any Ordinance of Richmond County to imprisonment in the County jail in the same manner as persons charged with an indictable offense under the general laws of this State and is subject to the same penalties for his refusal to receive and take charge of such persons, except the prisoners received under sentence from said State Court may be confined separately and apart from other classes of inmates of said jail as the Sheriff may, in his discretion, provide and as general laws may require. Said State Court shall have the power and authority to impose fines on persons convicted of violation of any Ordinance of Richmond County, with the alternate of imposing other punishment allowed by law in case said fines are not paid and to commit prisoners to the Richmond County jail

Page 3869

or to the public works gang that may be prescribed and maintained by Richmond County. The Judge of said State Court shall have the authority to reduce any sentence or fine imposed by him prior to the payment of said fine and execution of said sentence, but shall not have the right to grant a new trial. Review of any final Order or Judgment of said State Court shall be by certiorari to the Superior Court of Richmond County in the same manner prescribed by law for certiorari from justice courts and a supersedeas may be obtained by compliance with the procedures set forth in Section 19-214 of the Ga. Code and the giving of bond provided therein, which bond shall be made to Richmond County. In each case of a conviction in said State Court, the cost assessable shall be $2.50 per case, and shall go into the general fund of the County for general accounting purposes. Any person charged with violation of an Ordinance of Richmond County shall be informed by citation served on him, shall have compulsory process for obtaining witnesses in his behalf, shall have a speedy trial before the Judge of said State Court, shall be confronted with the witnesses against him, and have the privilege of cross-examination, as in the Superior Courts within the State; and shall have the privilege of defending himself by counsel or by himself, or both, as to him which shall seem proper. No one shall be fined or punished without full opportunity of being heard in his own defense. Said State Court shall have the authority to compel the attendance before any of its sessions of witnesses within the limits of Richmond County by service upon such witnesses of a subpoena from said Court directed to the witness, stating the time and place of trial, and the parties to the case, and which shall be served upon such witness either personally or by leaving a copy at his place of residence by a Deputy Sheriff. The name of the Clerk of said State Court required on subpoena and other papers may be printed or stamped on

Page 3870

such papers, which shall be in compliance with the law and shall have the same force and effect as if written thereon by the Clerk. Section 2. Should any section or part of a section of this Act be declared to be unconstitutional or invalid for any reason, same shall not affect the remainder of this Act or any part thereof other than the part so held to be invalid. Severability. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Section 4. This Act shall become effective on April 1, 1975. Effective date. Notice of Intent to Introduce Legal Legislation. Notice is hereby given there will be introduced at the regular 1975 Session of the General Assembly of Georgia an act to amend an act to establish a City Court (State Court) in the County of Richmond, Ga. L. 1880-81, p. 574, to define the powers and duties of said Court; to provide that said Court shall have jurisdiction to enforce ordinances of the Board of Commissioners of Richmond County, Georgia; and for other purposes. This 16th day of December, 1974. 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

Page 3871

to apply for local legislation, was duly published once a week for three weeks, as required by law: Said dates of publication being December 23, December 30, 1974, and January 6, 1975. William S. Morris, III, President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia. Sworn to and subscribed before me, this 20th day of January, 1975. /s/ E. Arlyene Armstrong Notary Public, Richmond County Georgia. My Commission Expires Feb. 19, 1977. (Seal). Approved April 17, 1975. BRYAN COUNTYSALARY OF SHERIFF, CHANGED, ETC. No. 346 (House Bill No. 915). 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 April 17, 1973 (Ga. L. 1973, p. 3627), so as to change the provisions relative to the compensation of the sheriff and deputies; to provide for 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 placing the sheriff, deputy sheriff and clerk of the superior court of Bryan County upon an

Page 3872

annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2616), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3627), 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 $10,000.00 per annum Each Deputy Sheriff: 20th G. M. District, not less than $6,000.00 or more than $9,000.00 per annum, Each Deputy Sheriff: 19th and 1380th G. M. District, not less than $6,000.00 or more than $9,000.00 per annum. All salaries payable under this Act shall be paid in equal monthly installments. Each Deputy Sheriff shall be entitled to a regular raise of 2 percent per each six (6) months of employment upon recommendation by the sheriff and upon being approved by the Board of Commissioners of Bryan County until the maximum salary allowed is reached. There shall be not more than six (6) deputy sheriffs for Bryan County. All deputies employed by the sheriff under the provisions of this Act shall be approved by the governing authority of Bryan County. Section 2. Said Act is further amended by adding a new section 3A, to read as follows: Section 3A. The necessary operating expenses of the sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture and utilities as may be

Page 3873

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 Bryan County, except as otherwise provided by section 2 of this Act. 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 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 1975 Session of the General Assembly of Georgia, a bill to increase the salary of the Sheriff of Bryan County, to increase the number of Deputies allowed to six, to set their compensation and to change methods of payment of travel, and of payment of other expenses incurred in performance of duties of the Sheriff's Office. This 15th day of January, 1975. Eugene Mock, Clerk Bryan County, Commissioner Georgia, Bryant County. Personally appeared before the undersigned officer duly authorized under the laws of Georgia to administer oaths, Merrill E. Bacon, who on oath deposes and says that he is the publisher of: The Pembroke Journal, a newspaper published in Pembroke, Georgia of general circulation, and that the attached advertisement has been published The

Page 3874

Pembroke Journal once a week for 3 weeks in the regular issue of Jan. 16, 23, 30, 1975. Merrill E. Bacon Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Nell R. Smith Notary Public, Georgia, State at Large. My Commission expires: April 4, 1978. (Seal). Approved April 17, 1975. BRYAN COUNTY TAX COMMISSIONERSALARY CHANGED. No. 347 (House Bill No. 916). An Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Bryan County, Georgia, and creating the office of Tax Commissioner of Bryan County, approved March 20, 1935 (Ga. L. 1935, p. 592), as amended by an Act approved February 8, 1951 (Ga. L. 1951, p. 2277), an Act approved March 30, 1965 (Ga. L. 1965, p. 2910), an Act approved March 21, 1968 (Ga. L. 1968, p. 2549), an Act approved April 3, 1972 (Ga. L. 1972, p. 3358), and an Act approved March 22, 1974 (Ga. L. 1974, p. 3216), so as to change the compensation of the Tax Commissioner of Bryan 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 offices of Tax Receiver and Tax Collector of Bryan County, Georgia, and creating the office of Tax Commissioner of Bryan County, approved March 20, 1935 (Ga. L. 1935, p. 592), as amended by an Act approved February 8, 1951 (Ga. L. 1951, p. 2277), an

Page 3875

Act approved March 30, 1965 (Ga. L. 1965, p. 2910), an Act approved March 21, 1968 (Ga. L. 1968, p. 2549), an Act approved April 3, 1972 (Ga. L. 1972, p. 3216), is hereby amended by striking from section 5 the following: seven thousand two hundred dollars ($7,200.00), and inserting in lieu thereof the following: seven thousand eight hundred dollars ($7,800.00) per annum, so that when so amended section 5 shall read as follows: Section 5. The salary and compensation for said Tax Commissioner of Bryan County shall be seven thousand eight hundred dollars ($7,800.00) per annum, which shall be paid in equal monthly installments on the first day of each month, upon warrants authorized by the board of commissioners of roads and revenues of said county for said purposes, and payable by the county treasurer of said county. In addition to the above salary and compensation, the tax commissioner shall be entitled to all fees and commissions provided by law for the levy and collection of State occupation taxes. 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 1975 Session of the General Assembly of Georgia, a bill to authorize a salary increase for the Tax Commissioners of Bryan County, Georgia. This 15th day of January, 1975. Eugene Mock, Clerk Bryan County, Commissioner

Page 3876

Georgia, Bryan County. Personally appeared before the undersigned officer duly authorized under the laws of Georgia to administer oaths, Merrill E. Bacon, who on oath deposes and says that he is the publisher of: The Pembroke Journal, a newspaper published in Pembroke, Georgia of general circulation, and that the attached advertisement has been published The Pembroke Journal once a week for 3 weeks in the regular issues of Jan. 16, 23, 30, 1975. /s/ Merrill E. Bacon Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Nell R. Smith Notary Public, Georgia, State at Large. My Commission expires: April 4, 1978. (Seal). Approved April 17, 1975. TOWN OF TYRONENEW CHARTER. No. 348 (House Bill No. 917). An Act to repeal and replace the Charter of the Town of Tyrone in Fayette County; to create a new charter for said city; to provide for incorporation; to provide definitions; to provide corporate boundaries; to provide specific corporate powers; to provide general corporate powers; to provide for the continuation of certain ordinances; to create a governing body; to provide for the composition, election, qualification, terms of office and compensation of the governing body; to provide for other matters relative to the governing body; to provide powers, organization and procedure of the governing body; to provide for meetings of the governing body; to provide for ordinances; to create an executive branch; to provide for a

Page 3877

mayor and his term of office, qualifications, and compensation; to provide the power and duties of the mayor; to provide for a mayor pro tem and a town manager; to provide for the organization of the executive branch; to provide for boards, commissions and authorities; to provide for a town attorney; to provide for personnel administration; to create a judicial branch; to provide for a municipal court; to provide for a judge of said court and his qualifications, power, and duties; to provide the jurisdiction and powers of said court; to provide for appeals; to provide for rules of said court; to provide for elections; to provide for removal from office; to provide for financial and fiscal matters; to provide for property taxes; to provide for other taxes and changes; to provide for borrowing; to provide for accounting and budgets; to provide for procurement and property management; to provide for municipal services and regulatory functions; to provide a code of ethics, to prohibit certain practices; 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: ARTICLE I CHARTER, INCORPORATION, DEFINITIONS, BOUNDARY AND CORPORATE POWERS Section 1.101. Incorporation. This act shall constitute the whole charter of the Town of Tyrone, repealing and replacing the charter provided by an Act of the General Assembly approved August, 1911 (Ga. L. 182, p. 1604), as amended by an Act approved March 24, 1939 (Ga. L. 1939, p. 1375), and by an Act approved March 22, 1974 (Ga. L. 1974, p. 3030). The Town of Tyrone, Georgia, in the County of Fayette and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of Tyrone, 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.

Page 3878

Section 1.102. Definitions. As used in this Act, the following words and terms shall have the following meanings: (a) Town shall mean the Town of Tyrone, Georgia. (b) Councilman shall mean a person elected to the town council as provided in this Act. (c) Public way shall mean any land used by the public as a passage way, including but not limited to streets, roads, highways, expressways, freeways, boulevards, avenues, parkways, alleys, lanes, sidewalks, walks, bridges, viaducts, subways, underpasses, tunnels, and other thoroughfares, and including the right-of-ways of such public ways. (d) Code shall mean any publication or compilation of rules, regulations, specifications, standards, limitations, or requirements by an agency of the federal or State government, or by a municipality, or by a trade association or other organization generally recognized as an authority in its field of activity. (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 town. (f) Officer shall mean and include the mayor, councilmen, town 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 town 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.

Page 3879

(j) Member of the council shall mean the mayor and each councilman. Section 1.103. Corporate Boundaries. (a) The boundaries of the town of Tyrone shall be those existing on the effective date of this charter with such alterations as may be made from time to time in the manner provided by law. The current boundaries of the Town of Tyrone, 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 Town of Tyrone, 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 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 town 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 1.104. Specific Powers. The corporate powers of the government of the Town of Tyrone, to be exercised by the governing authority, 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; (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 town, to authorize the expenditure of money

Page 3880

for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the town; (d) To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (e) 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 town; (f) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (g) To condemn property, inside or outside the corporate limits of the town for present or future use, and for any corporate purpose deemed necessary by the governing authority, under sections 36-301 and 36-307 of the Code of Georgia, 1933, including Chapter 36-6A, Condemnation Before Special Master, or under other applicable public acts as are or may be enacted; (h) 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. (i) To grant franchises or make contracts for public utilities and public services, not to exceed periods of 10

Page 3881

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 established by the Public Service Commission. (j) 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 town; (k) To grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities. (l) 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; airports; hospitals; and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the town; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under section 36-202 of the Code of Georgia, 1933, or other applicable public acts, as are or may be enacted; (m) 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; (n) 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

Page 3882

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. (o) To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (p) To regulate or prohibit junk dealers; 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; (q) To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (r) To license, tax, regulate, or prohibit professional fortune telling or palmistry. (s) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof within or abutting the corporate limits of the town and to prescribe penalties and punishment for violation of such ordinances; (t) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (u) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the town; (v) 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

Page 3883

to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (w) To provide for the destruction and removal of any building or other structure which may or might become dangerous or deterimental to the public; (x) 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, alumninum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (y) 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 town 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. (z) 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; (aa) 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 connection with the sewerage system; (bb) 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,

Page 3884

and safety of the inhabitants of the town and to provide for the enforcement of such standards; (cc) To define a nuisance and provide for its abatement whether on public or private property; (dd) To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (ee) 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 town and to provide for the enforcement of such standards; (ff) To provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or services or on the streets, roads, drains and squares in the town; or to provide for commitment of such persons to any county camp or fail by agreement with the appropriate county officials; (gg) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the town and to prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other conduct and activities within said town 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 town or to the welfare of the citizens thereof; (hh) 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

Page 3885

by ordinance; to provide punishment for violation of ordinance enacted hereunder; (ii) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the town; (jj) To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amount to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (kk) To provide and maintain a system of pensions and retirement for officers and employees of the town; (ll) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (mm) 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; (nn) To create, alter or abolish departments; boards, offices, commissions and agencies of the town, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (oo) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the town and the inhabitants thereof, and for preserving the health, peace, order and good government of the town; (pp) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;

Page 3886

(qq) To exercise the power of arrest through duly appointed policemen; (rr) To establish procedures for determining and proclaiming that an emergency situation exists within or without the town, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well being of the citizens of the city; (ss) To establish a volunteer fire department and an auxiliary police force; to levy a tax for the purpose of operating a volunteer fire department and an auxiliary police force; to expend part of this tax levy for the payment of premiums of personal liability insurance for each member of the auxiliary police force and for each member of the volunteer fire department in an amount fixed at the discretion of the mayor and council. (tt) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; and to exercise all implied powers necessary 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 laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.105. General Powers. In addition to all other powers herein granted, the town 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

Page 3887

completely as though such powers were specifically enumerated herein; and any and all powers which the town was heretofore authorized to exercise upon the effective date of this charter. Section 1.106. Construction. The powers of the town shall be construed liberally and in favor of the town. 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 town as stated in this charter. It is the intention hereof to grant the town full power and right to exercise all governmental authority necessary for the effective operation and conduct of the town and all of its affairs. Section 1.107. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision such 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 1.108. Ordinances. All ordinances, bylaws, rules and regulations now in force in the town 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 Chapter 1. Governing Body Section 2.101. Creation; Composition; Number; Election. The legislative authority of the government of the Town of Tyrone shall be vested in a town council to be composed of a mayor and four (4) councilmen. The mayor and councilmen shall be elected in the manner provided by

Page 3888

Article V of this charter. For the purposes of electing councilmen, positions on the council shall be numbered as post 1 through 4, respectively. The terms of office of the mayor and councilmen shall be two (2) years and until a successor is duly elected and qualified. Len Galati shall serve as mayor under this charter until the first meeting of the council in January, 1976, or until a successor is duly elected and qualified. The first election for mayor shall be held on the first Wednesday in December, 1975. The two councilmen elected in the election held on the first day of January, 1975 shall serve as councilmen under this charter until the first meeting of the council in January 1977, or until their successors are duly elected and qualified. The councilmen receiving the highest number of votes in the town election of January 1, 1975 shall be designated as councilman post (1); the other councilman elected at the January 1, 1975 election shall be designated as councilman post (2). Linda Howard shall serve as councilman (council lady) until the first council meeting in January, 1976 or until her successor is duly elected and qualified and shall be designated as councilman post (3). The election for councilman for post (3) under this charter shall be held on the first Wednesday in December, 1975. The election of councilman for post (4) shall be held at the December, 1975 election. The candidate for each respective office who shall receive the highest number of votes cast for such office by the electors of said town shall be elected to such office. The affairs of the Town of Tyrone shall be governed by a mayor and three councilmen until the first council meeting in January, 1976. Section 2.102. Qualifications of Office . No person shall be elected to serve as mayor or councilman (council lady) until he or she shall have been a resident of the Town of Tyrone for a period of one year immediately prior to the election of the mayor or members of the council, and shall continue to reside therein during the period of service and shall be a qualified elector of the Town of Tyrone. Section 2.103. Vacancy; Forfeiture of Office; Filling of Vacancies . (a) VacanciesThe office of mayor or councilman shall become vacant upon the incumbent's death, resignation,

Page 3889

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 felony. (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 2.104. Compensation and Expenses . The mayor shall receive an annual salary and each councilman shall receive such annual salary as shall be fixed by the town council which shall not be reduced during the term for which such official shall have been appointed or elected. Said salaries shall be paid in twelve equal monthly installments on the last day of each month. The mayor and councilmen shall also be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.105. Prohibitions . (a) Holding other officesExcept as authorized by law, no member of the council shall hold any other elective town office or town 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 2.106. Inquiries and Investigations . The council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to

Page 3890

obey a lawful order issued in the exercise of these powers by the council shall be punished as provided by ordinance. Section 2.107. 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 Town of Tyrone 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 Town of Tyrone 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 town 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 2.201. Organization. (a) On the third Thursday following each regular town 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 town 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 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.

Page 3891

Section 2.202. 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 on any weekday or hour it may fix, and may transact any business at such continued meetings 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. Section 2.203. 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 2.204. Quorum; Voting. The mayor and two (2) councilmen shall constitute a quorum and shall be authorized to transact business of the council. After the fourth councilman is elected in December and takes office in January, the quorum will be the mayor and three (3) councilmen. 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. A majority vote of the council shall be required for the adoption of any ordinance,

Page 3892

resolution, or motion. The mayor shall vote only in the event of a tie vote. Section 2.205. 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 Town of Tyrone 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 originally introduced upon the majority 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 2.206. 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 genrally 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 adoption 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. (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.

Page 3893

Section 2.207. 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 and stamped with the town seal. (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 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 Town of Tyrone and at all times thereafter, the ordinances and charter amendments shall be printed substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The 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 3.101. Chief Executive Office . The mayor shall be the chief executive of the Town of Tyrone. He shall possess, have and exercise all of the executive and administrative powers granted to the town under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter. Section 3.102. Terms; 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 the Town of Tyrone; shall have been a resident of the Town of Tyrone for a period of one (1) year immediately preceding his election. He shall continue to

Page 3894

reside in the Town of Tyrone during the period of his service. The mayor shall receive such annual salary as shall be fixed by the town council which shall not be reduced during the term for which he shall have been appointed or elected. The mayor shall also receive compensation for any actual and necessary expenses incurred in the performance of his duties of office as provided in section 2.104. Section 3.103. Powers and Duties. (a) As the chief executive of the town of Tyrone the mayor shall: (1) See that all laws and ordinances of the town are faithfully executed; (2) Appoint and remove all officers, department heads and employees of the town except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the town 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 town 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 town, improvement of the government and promotion of the welfare of its inhabitants as he may deem expedient; (7) Call special meetings of the council as provided for in section 2.202; (8) Approved or disapproved ordinances as provided in section 2.207;

Page 3895

(9) Examine and audit all accounts of the town before payment; (10) Require any department, agency or officer of the town 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 town council; (12) Preside at all meetings of the town 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 town are properly accounted 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 town and shall see that they are properly and correctly kept; (16) See that order is maintained in the town 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 ordinance of the town; (2) Bind the town 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

Page 3896

in the proper conduct of the affairs of the town and as may be hereafter authorized. Section 3.104. 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 3.105. Town Manager. The mayor and town council shall have the right and authority to create the office of town manager when deemed necessary. The town manager shall serve at the pleasure of the mayor and town council. Chapter 2. Organization and General Provisions. Section 3.201. Administrative and Service Departments. (a) The council may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the town, as it shall deem necessary for the proper administration of the affairs and government of the town. The council shall prescribe the functions and duties of the existing 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 town. (b) The operations and responsibilities of each department now or herafter established in the town 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.

Page 3897

(c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the town shall serve at the pleasure of the appointing authority. Vacancies occurring in the 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 town 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 town council. Section 3.202. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities of the town 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) Any vacancy in office of any members of a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or any applicable State law. (c) 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. (d) Any member of a board, commission or authority may be removed from office for cause by a vote of 3/4 members of the council. (e) Members of boards, commissions and authorities may

Page 3898

receive expenses in the performance of their official duities as approved by the council. (f) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable State law, each board, commission and authority of the town 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 town. Each board, commission, or authority of the town government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the town, or 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 town. Section 3.203. Town Attorney. The mayor shall appoint with approval of council a town attorney for a term of one (1) year. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a part; shall attend all meetings of the council; shall advise the council, mayor and other officers and employees of the town concerning legal aspects of the town's affairs; shall approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, motions prescribed by the council or mayor. Section 3.204. Consolidation of Functions. The council may consolidate any two or more of the positions of clerk of council, town tax collector, and town accountant, or any other positions or may assign the functions of any one or more of such positions to the holders of any other positions. Chapter 3. Personnel Administration. Section 3.301. Personnel Policies. The council shall adopt rules and regulations consistent with this charter concerning personnel policies as may be necessary to provide for

Page 3899

adequate and systematic handling of the personnel affairs of the Town of Tyrone. Section 3.302. 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 Town of Tyrone, 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. ARTICLE IV JUDICIAL BRANCH Municipal Court Section 4.101. Creation. When it is deemed necessary by the town council a court shall be established to be known as the Municipal Court of the Town of Tyrone which shall have jurisdiction and authority to try offenses against the laws and ordinances of said town and to punish for a violation of the same. The judge of the 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 town 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 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.

Page 3900

Section 4.102. 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 appointed by the mayor and council and shall serve for one (1) year. The compensation of the judge shall be fixed by the council. (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 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. (d) The mayor upon recommendation of judge of the recorder court shall appoint a prosecutor of municipal court subject to approval of majority of council. (e) The town attorney is prohibited from either representing the town or a defendant on trial in the Recorders' Court of the Town of Tyrone. Section 4.103. 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 4.104. Jurisdiction; Powers. (a) The municipal court shall try and punish for crimes against the Town of Tyrone 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 $200.00 or 60 days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for one (1) year or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a town

Page 3901

work gang or on the streets, sidewalks, squares or other public works for a period not exceeding one (1) year. (b) The municipal court shall adopt a schedule of fee for the superior court as now set. (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. All cash appeal bonds shall be immediately deposited with the city clerk and not retained by the arresting officer (s). 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 Town of Tyrone, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (d) The municipal court judge 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 and shall have all power vested in the justice of the peace. (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

Page 3902

served or 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 Town of Tyrone 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 4.105. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Fayette County from the Recorders' Court of the Town of Tyrone 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 4.106. Rules for Court. With the approval of the council, the judge shall have full power and authority to make resasonable 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 town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.101. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Tyrone as to primary, special or general elections shall be in conformity with the provisions of the Georgia

Page 3903

Municipal Election Code, approved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter amended. The town 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 Georgia Code Chapter 34A-5. Twenty days prior to any primary or election conducted by said town, the registrars shall cease taking applications to qualify persons to vote in such primary or election. Section 5.102. Qualifying; Nomination and Election 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, purging of registration lists, and such other rules and regulations as may be necessary for the conduct of elections in the Town of Tyrone. Section 5.103. Vacancies. If the office of mayor or councilman shall become vacant for any cause whatsoever, said vacancy in office shall be filled by appointment by the mayor and remaining members of the council until the next general election. The qualifications of candidates 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. Section 5.104. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a felony; (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;

Page 3904

(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 5.105. Procedure for Removal. Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of three-fourths 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 Fayette County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed in the Superior Court of Fayette County as provided by law. ARTICLE VI FINANCE AND FISCAL Taxation Section 6.101. 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 fiscal year, shall be subject to the property tax levied by the Town of Tyrone. As provided by Georgia law; the council shall use the county assessment for the year in which the town taxes are to be levied. The council by ordinance may also, if the council deems it necessary, authorize another governmental unit to collect the tax and remit such collections to the town.

Page 3905

Section 6.102. 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 town for the purpose of raising revenues to defray the costs of operating the town government, providing governmental services, building up reserves for capital improvements, and for any other public purpose as determined by the council in its discretion. The ad valorem tax shall not exceed fifteen mills on each dollar of taxable value. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The Town of Tyrone is hereby exempted from the provisions of Georgia Code section 92-4104 inclusive. Section 6.103. 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 town 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. The council by ordinance shall also determine the penalty and interest to be paid on delinquent taxes. On and after the date when such taxes become delinquent, the tax records of the town shall have the force and effect of a judgment of a court of record. Section 6.104. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the town clerk or any other official designated by the council and executed by any police officer of the town or police officer designated by the town 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 by this charter on delinquent taxes, fees, assessments, or on other amounts due to the town.

Page 3906

Section 6.105. 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 Town of Tyrone, 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 of advantage of the town; 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 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. Such excise tax shall include, but is not limited to, a tax on insurance policies of town residents and a telephone tax. Section 6.106. 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 Town of Tyrone, to provide for the cost and expense of providing for the collection and disposal of sewage. 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 town property taxes and shall be enforceable in the same manner and under the same remedies as a lien for town property taxes. Section 6.107. Sanitary and Health Service 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 town from all individuals, firms and corporations, residing in or doing business in said town benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes of fees in such amount or amounts, and based upon and in accordance with such classification

Page 3907

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 town property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for town property taxes. Section 6.201. Disbursements by Checks. All disbursements shall be made by checks signed by the town clerk and counter-signed by the mayor. Section 6.202. Official Depository. The council shall designate an official depository or depositories for deposit and safekeeping of the funds of the town, and may require such collateral security as it deems necessary. Borrowing Section 6.203. 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 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 6.204. 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 6.205. Short Term Notes. Pursuant to applicable State law the town may obtain temporary loans between January 1 and December 31 of each year.

Page 3908

Accounting and Budget Section 6.206. 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 town government, unless otherwise provided by State law. Section 6.207. Preparation of Budgets. The council shall provide by ordinance the procedures and requirements for 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 6.208. Submission of Operating Budget to Town Council. On or before a date fixed by the council but not later than 45 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. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. The proposed operating budget and the capital improvements budget shall show separately for the general fund, each utility, and each other fund the following: (a) revenue and expenditures during the preceding fiscal year; (b) appropriations and estimated revenue and expenditures for the current fiscal year; (c) estimated revenue and recommended expenditures for the next fiscal year; (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding year and estimated assets,

Page 3909

liabilities, reserves and surplus at the end of the current fiscal year; and (e) such other information and data, such as work programs and unit costs, in justification of recommended expenditures, as may be considered necessary by the mayor or requested by the council. Section 6.209. Public Hearing. After receiving the budget from the mayor, the council shall fix a time and place for a public hearing thereon and shall cause a public notice thereof to be published once in the official town newspaper at least ten days in advance of the date of the hearing. The public hearing shall be held before the council at the stated time and place, and all persons present shall be given an opportunity to be heard. Section 6.210. Acting by Council on Budget. (a) The council may amend the operating budget proposed by the mayor; except, that the budget as finally amended and adopted must provide for all expenditure required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The council shall adopt the final operating budget for the ensuing fiscal year not later than the 28th day of last month of each fiscal year. 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. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made

Page 3910

or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable. (d) 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 by three-fourths vote agrees there is such an emergency. Section 6.211. 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 the Town of Tyrone. 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 the Town of Tyrone. Section 6.212. 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. Section 6.213. Capital Improvements Budget. (a) On or before the date fixed by city council but not later than 45 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 the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments, or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget,

Page 3911

except to meet a public emergency threatening the lives, health, or property of the inhabitants, when passed by three-fourths vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the 28th day of the last month of each fiscal year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council. Procurement and Property Management Section 6.214. 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 authorizing by the council. Section 6.215. Centralized Purchasing. (a) The council shall have the authority by ordinance to prescribe procedures for a system of centralized purchasing for the Town of Tyrone, if the council deems it necessary. (b) The council may sell and convey any real or personal property owned or held by the Town of Tyrone 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 town. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and

Page 3912

that the interest of the city has no readily ascertainable monetary value. (d) Whenever in opening, extending or widening any street, avenue, alley or public place of the town, 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 town, the council may authorize the mayor to execute and deliver in the name of the town 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 town 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 7.101. 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 Town of Tyrone. 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 town and shall adopt appropriate ordinances to accomplish this purpose. Section 7.102. 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;

Page 3913

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 the Town of Tyrone. Section 7.103. 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 town 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 town, 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 7.104. Right-of-Way. The Town of Tyrone 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 Fayette 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 town. Section 7.105. Eminent Domain. The council is hereby empowered to acquire, construct, build, operate and maintain public ways, parks, public grounds, cemeteries, markets,

Page 3914

market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and any other public improvements inside or outside the town, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other applicable Georgia law. Regulatory Functions Section 7.106. 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 Town of Tyrone, regardless 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 or 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 town government through the imposition of a tax or fee on the privilege of operating within the town. This authority extends over individuals, partnerships, associations, corporations, and their agents, and any other legal entity capable of transacting business. Section 7.107. Franchises. The council shall have authority to exercise control over the use of streets of the Town of Tyrone. The power is hereby conferred upon the council to grant franchises for the use of said town'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

Page 3915

ground surface. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of 10 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The council shall provide for the registration of all franchises with the town 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 7.108. 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 standad 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. ARTICLE VIII GENERAL PROVISIONS Section 8.101. Official Bonds. The officers and employees of the Town of Tyrone, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require.

Page 3916

Section 8.102. Existing Ordinances and Regulations. Existing ordinances and resolutions of the Town of Tyrone not inconsistent with the provisions of this chapter shall continue in effect until council has acted on said ordinances and resolutions. Within two years of the effective date of this charter, the council shall review all existing ordinances and resolutions, and shall adopt, repeal, modify, or amend by majority vote of the council said ordinances and resolutions. All existing ordinances and resolutions not acted on by council shall be automatically repealed at the end of the above mentioned two year period. Section 8.103. 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 (charter). Section 8.104. Section Captions. The captions to the several sections of this charter are informative only and are not to be considered as part thereof. Section 8.105. 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 8.106. Effective Date. This charter shall become effective on the first day of the month following the signature of the governor, or the first day of the month following the month in which said charter shall become effective by operation of law. Section 8.107. Repealer. All laws and parts of laws in conflict with this Act (charter) are hereby repealed.

Page 3917

APPENDIX A CODE OF ETHICS AND PROHIBITED PRACTICES 1. Conflict of Interest. No elected official, appointed officer, or employee of the town or any agency or political entity to which this code of ethics applies shall knowingly: (a) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair his independence of judgment or action in the performance of his official duties; (b) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair his independence of his judgment or action in the performance of his official duties. (c) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he is employed without proper legal authorization, or use such information to advance the financial or other private interest of himself or others; (d) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to his knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he is employed; provided, however, that any elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (e) Represent private interests in any action or proceeding against the council by which he is employed; and (f) 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.

Page 3918

2. Disclosure. Any elected official, appointed officer, or employee of the consolidated government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the council. The mayor or any councilman who has a private interest in any matter pending before the council shall disclose such private interest and such disclosure shall be entered on the records of the council and he shall be entered on the records of the council and he shall disqualify himself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency of political entity to which this code of ethics applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such agency or entity shall disclose such private interest to the governing body of such agency or entity. 3. Use of Public Property. No elected official, appointed officer, or employee of the town or any agency or entity to which this code of ethics applies shall use property owned by such governmental body for personal benefit, convenience, or profit except in accordance with policies promulgated by the council or the governing body of such agency or entity. 4. Contracts Voidable and Rescindable. Any violation of this code of ethics which occurs with the knowledge, express or implied, of another party to a contract or sale render said contract or sale voidable as to that party, at the option of the council. 5. Ineligibility of Elected Officials. Except where authorized by law, neither the mayor nor any councilman shall hold any other elective or appointive office in the town or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former councilman shall hold any compensated appointive office in the city until one year after the expiration of the term for which he was elected.

Page 3919

6. Political Activities of Certain Officers and Employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. 7. Penalties for Violation. Any town officer or employee who wilfully conceals such financial interest or wilfully violates any of the requirements of this section shall upon conviction be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1975 Session of the General Assembly of Georgia a bill to repeal the charter of the Town of Tyrone, Georgia Laws 1911, as amended, and to create a new charter for the Town of Tyrone; to provide for all matters relative thereto, and for other purposes. This 18th day of December, 1974. Len Galati, Mayor, Town of Tyrone 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 Local Legislation; a copy of which is attached hereto, duly appeared in said newspaper on the following date, to-wit: December 25, 1974, January 1, 1975 and January 8th, 1975. /s/ Jim Wood

Page 3920

Sworn and subscribed to before me, this the 14th day of January, 1975. /s/ Helen S. Teague Notary Public My Commission Expires: August 31, 1977. (Seal). Approved April 17, 1975. BRANTLEY COUNTYSUPERIOR COURT CLERK, ETC.SALARY INCREASED. No. 349 (House Bill No. 919). An Act to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Brantley County; to provide for the payment of the cost-of-living increase in compensation out of the general funds of Brantley 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 Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Brantley County shall each receive a cost-of-living increase in compensation of $100.00 per month in addition to their present salaries and expenses. The cost-of-living increase in compensation shall be paid out of the general funds of Brantley 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.

Page 3921

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to provide for a cost of living increase in the compensation of certain county officers of Brantley County; and for other purposes. This 27th day of January, 1975. Paul W. Foster Representative, 162nd District Bobby A. Wheeler Representative, 152nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of Brantley County, on the following dates: January 30, February 6, 13, 1975. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 21st day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3922

CITY OF ODUMCHARTER AMENDEDCITY LIMITS REDEFINED. No. 350 (House Bill No. 920). An Act to amend an Act creating a new charter for the City of Odum, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3044), as amended, by an Act approved March 4, 1965 (Ga. L. 1965, p. 2141), so as to redefine the town limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Odum, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3044), as amended by an Act approved March 4, 1965 (Ga. L. 1965, p. 2141), is hereby amended by striking section 3, thereof, in its entirety and substituting in lieu thereof a new section 3 to read as follows: Section 3. The corporate limits of the City of Odum shall embrace the following described territory: Commencing at the point the center of State Route Number 605 strikes the center of the Southern Railroad, said point being designated on the plat hereinafter described as `point of beginning polaris observed 12-21-73, 9:38 EST STD Time'; thence, along the center of said Southern Railroad north 69 degrees 17 minutes 32 seconds West 4335.00 feet to a point; thence, north 20 degrees, 42 minutes, 28 seconds East 3960 feet to a corner; thence, south 69 degrees 17 feet 32 seconds East 8295 feet to a concrete marker; thence, south 20 degrees 42 minutes 28 seconds West 7920 feet to a corner in the center of an existing dirt road; thence, north 69 degrees 17 minutes 32 seconds West 3605.06 feet to a stake in the center of the run of Little Satilla Creek; thence, in a northwesterly and westerly direction along the center of the run of Little Satilla Creek to the point the center of said creek strikes the center of the Southern Railroad; thence, south 69 degrees 17 minutes 32 seconds East 4335 feet to the point of beginning.

Page 3923

Said tract being a survey of the corporate limits of the City of Odum located in the 583 G.M. District, Third Land District of originally Appling, now Wayne County, Georgia, being more particularly shown on a plat of same made by Quillie E. Kinard, Jr., R.L.S., dated January, 1974, recorded in Plat Book 4, Folio 55 of the general records in the office of the Clerk of the Superior Court of Wayne County, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 regular session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the city of Odum, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3044), as amended, by an Act approved March 4, 1965 (Ga. L. 1965, p. 2141), so as to redefine the town limits; and for other purposes. This 27 day of Dec., 1974. James G. Harris Representative, 138th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. G. (Sonny) Harris who, on oath, deposes and says that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jesup Sentinel which is the official organ of Wayne County, on the following dates: January 23, 30, February 6, 1975. J. G. (Sonny) Harris Representative, 138th District

Page 3924

Sworn to and subscribed before me, this 21st day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. WASHINGTON COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 351 (House Bill No. 923). An Act to amend an Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, approved March 12, 1965 (Ga. L. 1965, p. 2395), as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 2639), so as to change the compensation of the sheriff, chief deputy, regular deputies, the secretary and the dispatcher; to provide for four jailers and their compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Washington County upon an annual salary in lieu of the fee system of compensation, approved March 12, 1965 (Ga. L. 1965, p. 2395), as amended, particularly by an Act approved April 13, 1973 (Ga. L. 1973, p. 2639), 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 Washington County shall receive an annual salary in the amount of $13,350.00. 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

Page 3925

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, a dispatcher and four jailers. The chief deputy shall be compensated in the amount of $7,800.00 per annum. Two of the four regular deputies shall be compensated in the amount of $6,825.00 each per annum. The other two regular deputies shall be compensated in the amount of $6,500.00 each per annum, but beginning January 1, 1976, said deputies shall be compensated in the amount of $6,825.00 each per annum. The dispatcher shall be compensated in the amount of $6,000.00 per annum. The secretary of the sheriff shall be compensated in the amount of $6,300.00 per annum. One of the four jailers shall be compensated in the amount of $4,725.00 per annum. The other three jailers shall be compensated in the amount of $4,500.00 per annum, but beginning January 1, 1976, said jailers shall be compensated in the amount of $4,725.00 each per annum. The chief deputy, the four full-time deputies, the dispatcher, the secretary and the four jailers 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, secretary and jailers and to prescribe their duties and assignments and to remove or replace any of such deputies at will. Two deputies shall be assigned to the night patrol. Personnel. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3926

Notice of Intention to Introduce Local Legislation. On recommendation of 1974 Grand Jury and Washington County Commissioners, I will introduce legislation in the 1975 Session of the General Assembly, State of Georgia, to increase the salaries of Washington County Sheriff, Deputies and other employees of the Sheriff's Department, also provide for salaries and positions for four (4) Jailers as prescribed by Law. I shall appreciate any comment on above announcement, please call me. Tom C. Carr Representative January 20, 1975. 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 105th 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 23, 30, and February 6, 1975. Tom C. Carr Representative, 105th District Sworn to and subscribed before me, this 21st day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3927

DEKALB COUNTYDEMOLITION OF CERTAIN STRUCTURES AUTHORIZED, ETC. No. 352 (House Bill No. 924). An Act to authorize DeKalb County, a political subdivision of the State of Georgia, to require the repairing, closing or demolition of certain dwellings or structures intended for human habitation or occupation which are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of said county; to provide for a definition of dwellings or structures; to provide a method and manner whereby the governing authority of said county may establish an administrative hearing after notification to the land owners concerned as to why said dwelling or structure should not be declared unfit for human habitation or occupation or injurious to the health, safety or welfare of the citizens of DeKalb County and why said dwelling or structure should not be repaired, closed or demolished at public expense and a lien assessed against the property repaired, closed or demolished; to authorize the passage of resolutions and ordinances necessary to carry out any of the powers contained in this Act; to provide for other matters relative to the foregoing; to provide for the construction of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) As used in this Act, the words dwellings or structures mean residential as well as other types of buildings which are: (1) abandoned or vacant and which constitute a hazard to the health or safety of persons who may come on or near the property on which such dwellings or structures are located and which are not fenced in or otherwise protected to reasonably prohibit public access thereto; or (2) severely damaged by fire, storm or other natural or man-made causes and which have remained in such damaged

Page 3928

condition for a period of six months or more and which constitute a hazard to the health or safety to persons who may come on or near the property on which such dwellings or structures are located; or (3) in a condition of being partially constructed and construction thereon has ceased for a period of twelve months or more and which constitute a hazard to the health or safety to persons who may come on or near the property on which such dwellings or structures are located; or (4) a combination of the foregoing. (b) Any ordinance passed by the governing authority of DeKalb County pursuant to the provisions of this Act shall be limited to the definition of dwellings or structures provided by subsection (a) of this section. Section 2. The governing authority of DeKalb County, Georgia, as presently constituted or as hereinafter constituted, may pass ordinances or rules and regulations requiring the land owner to repair, close or demolish any dwelling or structure intended for human habitation or occupation which dwellings or structures, as defined in the ordinances of said governing authority, are unfit for human habitation or occupation or which imperil the health, safety and welfare of the citizens of DeKalb County. Section 3. The governing authority of DeKalb County, Georgia, as presently constituted or as hereinafter constituted, is authorized to pass ordinances or rules and regulations authorizing the repairing, closing or demolition of above mentioned dwellings or structures at public expense, the cost of which shall constitute a lien upon the property thereof; provided, the land owner refuses to repair same, close same, or demolish same in accordance with the ordinances or rules and regulations of the governing authority; provided, further, that no lien shall be effective unless thirty (30) days prior to the assessment thereof, the land owner and any person or corporation having an interest in said property has been given thirty (30) days' written notice

Page 3929

of any action contemplated or authorized by this section. The notice shall state the date, time and place wherein there shall occur an administrative hearing before an officer of said county, which officer may be appointed by any ordinance or rule or regulation passed by the governing authority of DeKalb County. Said notice shall require the land owner or any person or corporation having an interest in the property concerned to show cause why said dwelling or structure should not be repaired, closed or demolished at public expense. For the purpose of this section, said notice shall be reasonable if given in writing as aforementioned, and posted through the United States Mail, certified, with return receipt requested. In addition, said property shall be posted by a sign, which sign shall give the date, time and place of the administrative hearing referred to herein, and said sign shall be posted conspicuously upon the property and shall be placed thereon thirty (30) days prior to the date, time and place of said hearing. In addition to the foregoing, the governing authority of DeKalb County, Georgia, is authorized to promulgate and pass those ordinances, rules and regulations pursuant hereto necessary to protect the interests of the property owner, and others, in order to insure that such hearing is conducted pursuant to the principles of due process of law. Section 4. The governing authority of DeKalb County, Georgia, is authorized to pass ordinances, rules and regulations granting to the county official charged with the duty of conducting the hearing referred to in Section 2 above, the authority to order the land owner or any person or corporation to repair, close, or demolish the dwellings or structures referred to in Section 1 and 2 above; provided, said order is coupled with a finding of fact that said dwellings or structures are unfit for human habitation, or imperil the health, safety and welfare of the citizens of DeKalb County. Said finding of fact shall be coupled with a brief explanation sufficient to inform the land owner or any person or corporation why said dwelling or structure is deemed to be unfit for human habitation or imperil the health, safety and welfare of the citizens of DeKalb County, Georgia. In no event shall the governing authority of DeKalb County,

Page 3930

Georgia, authorize the repairing, closing or demolition of any dwellings or structures herein referred to at public expense until there has elapsed thirty (30) days from the date said land owner, or others, have received the finding of fact of the county's designated hearing officer and the order commanding the land owner and others to repair, close or demolish the dwellings or structures under question. Said order to repair, close or demolish made by the county's designated official to the land owner or others shall designate the time within which the property owner shall repair, close or demolish the dwellings or structures concerned, but in no event shall said time be less than six (6) months from the date said order is transmitted to the land owner or other parties herein referred to above as having an interest in said property. Section 5. The land owner, or any other person affected by any order pursuant to section 3 above, shall have the right of direct appeal to the governing authority of DeKalb County, Georgia, which appeal shall be perfected by filing with the designated hearing officer or his successor, should the hearing officer no longer be with the county, a written notice of appeal within thirty (30) days from the date said finding of fact and order of said officer is received by the land owner and others referred to herein. It shall be the duty of the designated hearing officer or his successor in office, upon receipt of the written notice of appeal, to transmit to the clerk of the governing authority of DeKalb County, Georgia, the entire record of the case including the order and finding of fact; it shall be the duty of the clerk of the governing authority of DeKalb County, Georgia, to place said appeal upon the first available agenda for consideration by the governing authority of DeKalb County, within thirty (30) days from the receipt of said record. In addition, the clerk shall notify the hearing officer and the appellant, land owner, and others who may be appealing, of the date, time and place wherein the governing authority shall consider the appeal. Said notice shall be in writing and shall be sufficient if mailed to the last known address of the appellant or appellants. The governing authority of DeKalb County, Georgia, shall have the right to reverse, or affirm,

Page 3931

wholly or partly, or may modify the order appealed from in any fashion whatsoever in its sole discretion. Thereafter, it shall be the duty of the appellant to carry out the decision of the DeKalb County governing authority. Appeal. Section 6. There shall accompany each notice of appeal from each appellant a fee payable to the clerk of the governing authority of DeKalb County, Georgia, which fee shall be set by ordinance passed by said governing authority. Section 7. This Act is hereby declared to be cumulative of and supplemental to the powers of the governing authority of DeKalb County provided by heretofore existing laws and not in lieu of any such powers. Section 8. This Act shall apply only to those portions of DeKalb County which shall be located outside the corporate limits of any municipality and the governing authority of DeKalb County shall exercise the powers herein conferred only in such unincorporated areas. 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 into the January 1975 Session of the General Assembly of the State of Georgia a Bill to authorize the governing authority of DeKalb County, Georgia to pass ordinances, rules and regulations requiring a landowner to repair, close or demolish dwellings or structures declared unfit for human habitation or which imperil the health, safety and welfare of the citizens of DeKalb County, Georgia; to require the above at public expense and to assess a lien against the property for

Page 3932

the payment thereof; to provide procedures for appeal therefrom; and for other purposes. This 3rd day of Jan. 1975. DeKalb County, Georgia By: Carl V. Kirsch Assistant County Attorney DeKalb County, Georgia Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Intention to Introduce Local Legislation, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 9, 16 23rd day of Jan., 1975. /s/ Gerald W. Crane, Publisher /s/ Betty M. Branch, Agent Sworn to and subscribed before me, this 23rd day of Jan., 1975. /s/ Betty M. Branch Notary Public. My Commission Expires Oct. 18th, 1977. (Seal). Approved April 17, 1975. McINTOSH COUNTYASSISTANT TO SUPERIOR COURT CLERKSALARY CHANGED. No. 353 (House Bill No. 927). An Act to amend an Act placing the Clerk of the Superior Court, Sheriff and Tax Commissioner of McIntosh County

Page 3933

on an annual salary, approved April 6, 1965 (Ga. L. 1965, p. 3239), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3111), so as to change 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 April 17, 1973 (Ga. L. 1973, p. 3111), is hereby amended by striking from section 10 the following: $4,800.00, and inserting in lieu thereof the following: $7,200.00, 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 $7,200.00 per annum, payable in equal monthly installments from the funds of McIntosh County. Said assistant shall serve at the pleasure of the clerk. 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 1975 session of the General Assembly of Georgia

Page 3934

a bill to amend an Act placing the Clerk of Superior Court 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 assistant to the Clerk of Superior Court; and for other purposes. This 20 day of January, 1975. Donald H. Fraser Representative, 139th District 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 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Darien News which is the official organ of McIntosh County, on the following dates: February 6, 13, 20, 1975. /s/ Donald H. Fraser Representative, 139th District Sworn to and subscribed before me, this 20th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. DOOLY COUNTYPRISONER FEEDING PROVISIONS CHANGED. No. 354 (House Bill No. 938). An Act to amend an Act placing the clerk of the superior court, the sheriff and the ordinary (now Judge of the

Page 3935

Probate Court) of Dooly County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2441), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3048), so as to change the provisions relative to feeding prisoners confined in the county jail; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court, the sheriff and the ordinary (now Judge of the Probate Court) of Dooly County on an annual salary in lieu of the fee system of compensation, approved March 24, 1965 (Ga. L. 1965, p. 2441), as amended, particularly by an Act approved March 21, 1970 (Ga. L. 1970, p. 3048), is hereby amended by striking from the last sentence of Section 7 the figure, $2.50 and inserting in lieu thereof the figure, $3.00 so that when so amended section 7 shall read as follows: Section 7. The sheriff is authorized to appoint one deputy who shall receive such compensation as shall be fixed by the sheriff, but which shall not exceed the sum of $7,200.00 per annum, which compensation shall be paid in equal monthly installments from funds of the county available for such purpose, and any additional deputies appointed by the sheriff as provided by law shall be compensated by the sheriff out of his own funds. Dooly County shall furnish two automobiles to the sheriff for official business only and the cost of operating and maintaining same shall be paid by the county. The sheriff shall receive from Dooly County as fixed from time to time by the governing authority of said county not less than $2.00 per day per prisoner and not more than $3.00 per day per prisoner for the purpose of feeding prisoners confined in the county jail. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3936

Notice of Proposed Local Legislation. Notice is, as provided by Constitution of State of Georgia, given that there will be introduced at the present January 1975 session of General Assembly of Georgia a bill to amend an Act of General Assembly approved March 24, 1965, found in Ga. L. 1965, published by authority, at p. 2441 and 2445, inclusively, as amended, placing certain Dooly County officers on a salary basis, so as to provide that the Sheriff shall received from Dooly County as fixed from time to time by the governing authority of said county not less than $2.00 per day per prisoner and not more than $3.00 per day per prisoner for the purpose of feeding prisoners confined in the county jail, and to provide for other matters germane hereto including the defining of effective date and the repeal of conflicting laws. E. Max Conner Chairman, Dooly County Board of Commissioners 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 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Vienna News which is the official organ of Dooly County, on the following dates: January 29, February 5, 12, 1975. /s/ Howard H. Rainey Representative, 135th District Sworn to and subscribed before me, this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3937

BRANTLEY COUNTY BOARD OF EDUCATIONELECTION PROVIDED, ETC.REFERENDUM. No. 355 (House Bill No. 942). An Act to provide for the election of members of the Board of Education of Brantley County; to provide for education posts; to provide the manner of electing members to the board; to provide for the compensation of the members of the board; to provide for filling of vacancies on the board; to provide for the appointment of the Brantley County superintendent of schools; to provide for the election of the Brantley County Superintendent of Schools; to provide for other 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: ARTICLE I Section 1. The Board of Education of Brantley County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing members of the Board of Education of Brantley County, the five positions on the board are hereby designated as posts 1 through 5, respectively. Members. Section 2. Candidates offering for election to said board of education shall designate the education post for which they are offering. There shall be elected one member from each of said posts. No person shall be eligible as a candidate for election to said board of education unless he shall have been a bona fide resident of Brantley County for at least one year immediately preceding the date of the election. Candidates shall be elected by a majority vote of the qualified voters of the entire county voting in an election conducted for the purpose of electing members of the Board of Education of Brantley County. All members 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.

Page 3938

Section 3. (a) The first members of the Board of Education of Brantley County provided for herein shall be elected at the general election held in 1976 and shall take office on the first day of January 1977, for terms as follows: those members elected from education posts 1, 3 and 5 shall serve for terms of four years and those members elected from education posts 2 and 4 shall serve for initial terms of two years. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years. All members shall serve until their successors are elected and qualified. Terms. (b) Vacancies occurring on the board which occur within the first two years of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next general election at which time a successor shall be elected by the electors of the entire county 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. Section 4. (a) The Chairman of the Board of Education of Brantley County shall be elected from the membership of the board in accordance with the provisions of Code section 32-907, as now or hereafter amended. Chairman. (b) The chairman and the other members of the board shall be compensated in the amount of $50.00 per month. Section 5. The Brantley County Board of Education created by this Act shall be the successor to all the rights, powers, duties and obligations of the heretofore existing Brantley County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education. Section 6. (a) The Brantley County Superintendent of Schools serving at the time of the approval of this Act shall continue to serve out the term of office to which he was

Page 3939

elected. At the expiration of his term of office, his successor shall be appointed by the Board of Education of Brantley County for a term of four years and until his successor is appointed and qualified. Subsequent successors shall also be appointed for terms of four years and until their successors are appointed and qualified. Said superintendent may be removed from office during his term of office pursuant to the provisions of Code section 32-1008, relating to the removal of county superintendents of schools, as now or hereafter amended. Superintendent. (b) Any Brantley County Superintendent of Schools appointed hereunder shall have the qualifications provided by Code section 32-1004, relating to the qualifications of county superintendents of schools, as now or hereafter amended. Any such superintendent shall receive such compensation as may be fixed pursuant to Code section 32-1006, relating to the compensation of county superintendents of schools, as now or hereafter amended. ARTICLE II Section 1. The Board of Education of Brantley County shall be composed of five members to be elected as hereinafter provided. For the purpose of electing members of the Board of Education of Brantley County, the five positions on the board are hereby designated as posts 1 through 5, respectively. Section 2. Candidates offering for election to said board of education shall designate the education post for which they are offering. There shall be elected one member from each of said posts. No person shall be eligible as a candidate for election to said board of education unless he shall have been a bona fide resident of Brantley County for at least one year immediately preceding the date of the election. Candidates shall be elected by a majority vote of the qualified voters of the entire county voting in an election conducted for the purpose of electing members of the Board of Education of Brantley County. All members shall be nominated and elected in accordance with the provisions of Code Title

Page 3940

34, known as the Georgia Election Code, as now or hereafter amended. Section 3. (a) The first members of the Board of Education of Brantley County provided for herein shall be elected at the general election held in 1976 and shall take office on the first day of January 1977, for terms as follows: those members elected from education posts 1, 3 and 5 shall serve for terms of four years and those members elected from education posts 2 and 4 shall serve for initial terms of two years. Thereafter, successors shall be elected at the general election immediately preceding the expiration of the respective terms of office and shall take office on the first day of January immediately following their election for terms of four years. All members shall serve until their successors are elected and qualified. (b) 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 successors to serve until the next general election at which time a successor shall be elected by the electors of the entire county to serve out the unexupired term of office. Vacancies occurring during the last two years of a term of office shall be filled by the remaining members of the board electing a successor to serve out the unexpired term of office. Vacancies. Section 4. (a) The Chairman of the Board of Education of Brantley County shall be elected from the membership of the board in accordance with the provisions of Code section 32-907, as now or hereafter amended. (b) The chairman and the other members of the board shall be compensated in the amount of $50.00 per month. Section 5. The Brantley County Board of Education created by this Act shall be the successor to all the rights, powers, duties and obligations of the heretofore existing Brantley County Board of Education and shall be subject to all constitutional and statutory provisions relating to county boards of education.

Page 3941

Section 6. (a) The Brantley County Superintendent of Schools serving at the time of the approval of this Act shall continue to serve out the term of office to which he was elected. At the expiration of his term of office, his successor shall be elected by a majority of the qualified electors of the Brantley County School District for a term of four years and until his successor is elected and qualified. Subsequent successors shall also be elected for terms of office of four years and until their successors are elected and qualified. Vacancies in the office of the Brantley County Superintendent of Schools shall be filled in accordance with the provisions of Code section 32-1003, relating to the method of filling vacancies in the office of county superintendent of schools, as now or hereafter amended. Said superintendent may be removed from office during his term of office pursuant to the provisions of Code section 32-1008, relating to the removal of county superintendents of schools, as now or hereafter amended. (b) Any Brantley County Superintendent of Schools elected hereunder shall have the qualifications provided by Code section 32-1004, relating to the qualifications of county superintendents of schools, as now or hereafter amended. Any such superintendent shall receive such compensation as may be fixed pursuant to Code Section 32-1006, relating to the compensation of county superintendents of schools, as now or hereafter amended. Section 7. 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 election superintendent of Brantley County to issue the call for an election for the purpose of submitting to the electors of the Brantley County School District the Proposals hereinafter provided relative to the Board of Education of Brantley County and the Brantley County Superintendent of Schools. The election superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately

Page 3942

preceding the date thereof, in the official organ of Brantley County. The ballot shall be so prepared so that the electors shall have an opportunity to vote for one of the three following Proposals: () Proposal No. 1: For approval of Article I of this Act which provides for the election of the members of the Board of Education of Brantley County and for the appointment of the Brantley County Superintendent of Schools by the Board of Education of Brantley County. () Proposal No. 2: For approval of Article II of this Act which provides for the election of the members of the Board of Education of Brantley County and for the election of the Brantley County Superintendent of Schools by the qualified electors of the Brantley County School District. Referendum. () Proposal No. 3: For approval of the Board of Education of Brantley County remaining as presently constituted and appointed by the Grand Jury of Brantley County, and the Brantley County Superintendent of Schools shall continue to be elected by the qualified electors of the Brantley County School District. Electors shall vote for only one of the three Proposals in order for their votes to be counted. In the event Proposal No. 1 receives the most votes, Article I of this Act shall become effective and Article II shall be void and of no force and effect. In the event Proposal No. 2 receives the most votes, Article II of this Act shall become effective and Article I shall be void and of no force and effect. If Proposal No. 3 receives the most votes, Articles I and II of this Act shall be void and of no force and effect and the Board of Education of Brantley County shall remain as presently constituted and appointed by the Grand Jury of Brantley County, and the Brantley County Superintendent of Schools shall continue to be elected by the qualified electors of the Brantley County School District.

Page 3943

The expense of such election shall be borne by Brantley County. It shall be the duty of the election superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, pursuant to a recommendation by the Brantley County Grand Jury in 1974, a bill to provide for the election of the members of the Board of Education of Brantley County; to provide for the election or appointment of the County School Superintendent of Brantley County by the Board of Education of Brantley County; to provide for other matters relative to the foregoing; to provide for a referendum; and for other purposes. This 16th day of January, 1975. Bobby A. Wheeler Representative, 152nd District Paul W. Foster Representative, 152nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brantley Enterprise which is the official organ of

Page 3944

Brantley County, on the following dates: January 23, 30, and February 6, 1975. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 17th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TOWN OF WAVERLY HALLCHARTER AMENDEDQUORUM PROVIDED, ETC. No. 356 (House Bill No. 943). An Act to amend an Act incorporating the Town of Waverly Hall in Harris County, approved July 29, 1914 (Ga. L. 1914, p. 1211), as amended by an Act approved March 26, 1947 (Ga. L. 1947, p. 784), an Act approved March 7, 1960 (Ga. L. 1960, p. 2299), and an Act approved April 11, 1968 (Ga. L. 1968, p. 3676), so as to provide for a quorum at meetings of the mayor and council; to provide for a minimum number of votes for the passage of ordinances and resolutions; 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 Waverly Hall in Harris County, approved July 29, 1914 (Ga. L. 1914, p. 1211), as amended by an Act approved March 26, 1947 (Ga. L. 1947, p. 784), an Act approved March 7, 1960 (Ga. L. 1960, p. 2299), and an Act approved April 11, 1968 (Ga. L.

Page 3945

1968, p. 3676), is hereby amended by striking section 24 thereof in its entirety, and substituting in lieu thereof a new section 24, to read as follows: Section 24. 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, but shall have no vote upon any question to be decided by the council except in case of a tie, when he shall cast the deciding vote, and also, except in the election of officers annually, when the mayor and council shall all vote, it being necessary in order to elect to have a two-thirds majority. The council shall establish a quorum for its meetings; provided, that the quorum shall never be less than a majority of all members of the council. Passage of every resolution and ordinance shall be upon the affirmative vote of not less than a majority of all members of the council. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. A bill will be introduced in the General Assembly to change the Charter of the City of Waverly Hall to allow the council to set a quorum for the transaction of Business and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips who, on oath, deposes and says that he is Representative from the 91st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Harris County Journal which is the official organ of Harris County, on the following dates: January 9, 16, 23, 1975. /s/ W. Randolph Phillips Representative, 91st District

Page 3946

Sworn to and subscribed before me, this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CHARLTON COUNTYSALARY OF SUPERIOR COURT CLERK CHANGED. No. 357 (House Bill No. 946). An Act to amend an Act placing the clerk of the superior court of Charlton County upon an annual salary, approved April 6, 1967 (Ga. L. 1967, p. 2730), so as to change the compensation of the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court of Charlton County upon an annual salary, approved April 6, 1967 (Ga. L. 1967, p. 2730), is hereby amended by striking from section 2 the following: $7,500.00, and substituting in lieu thereof the following: $9,000, so that when so amended, section 2 shall read as follows: Section 2. The clerk of the superior court of Charlton County shall receive an annual salary of $9,000, payable in equal monthly installments from the funds of Charlton County. Salary.

Page 3947

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 1975 session of the General Assembly of Georgia, a bill to change the compensation of the clerk of the superior court of Charlton County; and for other purposes. This 16th day of January, 1975. Harry D. Dixon Representative, 151st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon who, on oath, deposes and says that he is Representative from the 151st 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 22, 29 and February 5, 1975. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3948

CHARLTON COUNTYSALARY OF SHERIFF CHANGED. No. 358 (House Bill No. 947). An Act to amend an Act placing the sheriff and judge of the probate court of Charlton County upon an annual salary, approved March 1, 1960 (Ga. L. 1960, p. 2229), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 3789), 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 and judge of the probate court of Charlton County upon an annual salary, approved March 1, 1960 (Ga. L. 1960, p. 2229), as amended, particularly by an Act approved March 28, 1974 (Ga. L. 1974, p. 3789), is hereby amended by striking from section 2 the following: $10,000.00, and substituting in lieu thereof the following: $12,000, so that when so amended, section 2 shall read as follows: Section 2. The salary of the sheriff of Charlton County shall be $12,000 a year, to be paid in equal monthly installments from the funds of Charlton County. The sheriff may hire such number of deputies as may be approved by the governing authority of Charlton County. Such deputies shall be paid salaries in an amount fixed by the governing authority of Charlton County, and such salaries shall be paid from the funds of Charlton County. The sheriff may employ such additional deputies as he deems necessary and set their compensation, which shall be paid out of the salary provided for said sheriff. The necessary automobile, gasoline, equipment and supplies of the sheriff shall be provided by the

Page 3949

fiscal authorities of Charlton County and paid from county funds. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to change the compensation of the sheriff of Charlton County; and for other purposes. This 16th day of January, 1975. Harry D. Dixon Representative, 151st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon who, on oath, deposes and says that he is Representative from the 151st 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 22, 29, and February 5, 1975. /s/ Harry D. Dixon Representative, 151st District

Page 3950

Sworn to and subscribed before me this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CHARLTON COUNTYSALARY OF TAX COMMISSIONER CHANGED, ETC. No. 359 (House Bill No. 948). An Act to amend an Act consolidating the offices of the tax receiver and tax collector of Charlton County, approved March 4, 1964 (Ga. L. 1964, p. 2459), so as to change the compensation of the tax commissioner; to provide for a change in the disposition of certain commissions allowed tax 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 consolidating the offices of the tax receiver and tax collector of Charlton County, approved March 4, 1964 (Ga. L. 1964, p. 2459), is hereby amended by striking from section 3 the following: $7,500.00, and substituting in lieu thereof the following: $11,340, so that when so amended, section 3 shall read as follows: Section 3. The tax commissioner shall receive for his

Page 3951

services as such an annual salary of $11,340, payable in equal monthly installments from the funds of Charlton County. Salary. Section 2. Said Act is further amended by striking in its entirety section 4 and substituting in lieu thereof the following: Section 4. Except as provided in the next sentence, 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 amended. The tax commissioner shall be entitled to those fees and 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, for his services rendered in the sale of such plates. Except as hereinbefore provided, all fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Charlton 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. 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 1975 session of the General Assembly of Georgia,

Page 3952

a bill to change the compensation of the tax commissioner of Charlton County; to provide for the disposition of certain commissions of the tax commissioner; and for other purposes. This 16th day of January, 1975. Harry D. Dixon Representative, 151st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D, Dixon who, on oath, deposes and says that he is Representative from the 151st 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 22, 29, and February 5, 1975. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CHARLTON COUNTY BOARD OF EDUCATIONELECTION PROVIDEDREFERENDUM. No. 360 (House Bill No. 949). An Act to provide for the election of members of the Board of Education of Charlton County; to provide that the

Page 3953

terms of office of all members serving as appointed members of the board of education shall expire on December 31, 1975, and new members of the board shall be elected; to provide for education districts; to provide for posts; to provide for residency requirements; to provide for practices and procedures in connection with election of members; to provide a method for filling vacancies; to provide for the election of a chairman of the board and his term of office; to change the provisions relating to compensation of members of the board of education; to provide for compensation per diem expenses and allowances for members of the board of education and the method of payment thereof; to provide for the appointment of the Charlton County School Superintendent by the members of the board of education; to provide for the compensation and terms of office of the superintendent; to provide for initial and regular terms of office of members of the board of education; to provide for a referendum; to provide for a special election for the election of members of the board of education and the practices and procedures in connection with such special election; 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. The Board of Education of Charlton County shall be composed of five members, who shall be qualified voters of said county. The terms of office of all members presently serving as appointed members of the board shall expire on December 31, 1975, and new members of the board shall be elected as provided in this Act. Members. Section 2. For the purpose of electing members of the board of education, Charlton County is hereby divided into three (3) education districts to be composed of that territory embraced within the following Militia Districts within Charlton County: Districts. DISTRICT NO. ONE Militia District 959 (St. George), and Militia District 1220 (Moniac).

Page 3954

DISTRICT NO. TWO Militia District No. 32 (Folkston), and Militia District 1142 (Traders Hill). DISTRICT NO. THREE Militia District No. 1193 (Uptonville), and Militia District No. 1354 (Winokur). Section 3. For the purpose of electing the members of the board of education, there shall be five (5) member posts on the board, to be designated as Post One, Post Two, Post Three, Post Four, and Post Five, respectively. The member elected to Post One must be a resident of Education District No. One. The members elected to Post Two, Post Three, and Post Four must be residents of Education District No. Two. The member elected to Post Five must be a resident of Education District No. Three. Candidates for election to the board shall designate the numbered post on the board for which they offer as a candidate. All of the electors of the Charlton County School District shall be eligible to vote for all candidates offering for election to the board of education. Section 4. Vacancies which occure on the board, other than by the regular expiration of a term of office, shall be filled by the remaining members of the board electing a successor to serve out the unexpired term. The person elected shall be a resident of the education district in which the vacancy shall have occurred. Vacancies. Section 5. At the first meeting of the board conducted in each calendar year, the board shall elect one of the members of the board to serve as chairman for the ensuing year. Chairman. Section 6. The members of the board of education shall receive a per diem of $30.00 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. The accounts for such service and expenses shall be submitted for approval

Page 3955

to the county superintendent of schools. The compensation of members of the board shall be paid only from the local tax funds available to the county board of education for educational purposes. Per diem. Section 7. The Charlton County School Superintendent serving at the time of the approval of this Act shall continue to serve out the term of office to which he was elected. Upon the expiration of his term of office, the members of the Board of Education of Charlton County shall appoint the Charlton County School Superintendent. The compensation and term of office of the appointed superintendent shall be fixed by the board of education. Section 8. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Charlton County to issue the call for an election for the purpose of submitting this Act to the electors of the Charlton County School District for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Charlton County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the election of members of the Board of Education of Charlton County and for the appointment of the Charlton County Superintendent of Schools be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect.

Page 3956

The expense of such election shall be borne by Charlton County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 9. If the vote in the referendum election provided for in section 8 of this Act is to approve this Act, it shall be the duty of the election superintendent of Charlton County to issue the call for a special election for the purpose of electing the members of the Charlton County Board of Education. Such call shall be issued not more than 15 days following the date of the referendum election provided for in Section 8 of this Act. The superintendent shall set the date of such special election for members for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Charlton County. The members of the board of education elected in such special election to Post One, Post Three and Post Five shall take office on January 1, 1976, and shall serve for a term of office ending on December 31, 1978, or until their respective successors are duly elected and qualified. The members of the board of education elected to Post Two and Post Four shall take office on January 1, 1976, and shall serve for a term of office ending on December 31, 1980, or until their respective successors are duly elected and qualified. Successors to such members elected in such special election shall be elected at the general election immediately preceding the expiration of the respective terms of office of such members and shall serve for respective terms of office beginning on January 1st immediately following such election for terms of four years each and until their respective successors are duly elected and qualified. The expense of such special election shall be borne by Charlton County. It shall be the duty of the election superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

Page 3957

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 1975 session of the General Assembly of Georgia a bill to provide for the election of members of the Board of Education of Charlton County; to provide for the appointment of the Charlton County Superintendent of Schools; to provide for a referendum; and for other purposes. This 20th day of January, 1975. Harry Dixon Representative, 151st District Frank S. Eldridge Senator, Seventh District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon who, on oath, deposes and says that he is Representative from the 151st 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 22, 29, and February 5, 1975. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 13th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3958

WAYCROSS AND WARE COUNTY DEVELOPMENT AUTHORITY ACT AMENDEDMEMBERSHIP PROVISIONS CHANGED. No. 361 (House Bill No. 950). An Act to amend an Act creating the Waycross and Ware County Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), so as to change the provisions relative to the membership of the Authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Waycross and Ware County Development Authority, approved March 7, 1955 (Ga. L. 1955, p. 2840), 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. There is hereby created a body corporate and politic to be known as the `Waycross and Ware County Development Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, and by that name, style and title said body may contract and be contracted with, sue and be sued, plead and be impleaded, and complain and defend in all courts of law and equity. The Authority shall consist of the President of the Waycross and Ware County Chamber of Commerce, ex officio, and eight other members who shall be residents of Ware County within or without the corporate limits of the City of Waycross, and not less than thirty (30) years of age at the time of appointment. In making the nominations and appointments of members of the Authority not more than one member should be selected from any one family, partnership, or other business organization. The members shall be selected in the following manner: Immediately after the approval of this Act, the directors of the Waycross and Ware County Chamber of Commerce shall select and nominate persons for appointment and submit eight or more names to the county and eight or more names to the city. From such lists of nominees the Commission of the City of

Page 3959

Waycross and the Commissioners of Ware County each shall appoint four members of the Authority. For the first appointments, the county and the city shall each appoint one person for one year, one for two years, one for three years, and one for four years. Thereafter, all terms and appointments, except in case of a vacancy, shall be for four years. In the event any vacancy occurs in the county group, the county shall fill by appointment such vacancy for the unexpired term. In the event a vacancy occurs in the city group, the city shall fill by appointment such vacancy for the unexpired term. In making any appointment for a vacancy or after the expiration of a term the city and the county shall request two nominations for each member to be appointed from the directors of the Chamber of Commerce. The governing authorities of the County of Ware and/or the City of Waycross may, in their discretion, request the directors of the Chamber of Commerce to submit additional names before making the first appointments or any subsequent appointment to the membership of the Authority. If no nomination is made within ten days after such request, the appointment shall be made without any nomination. A member who has served a full four-year term shall not be eligible for reappointment until the lapse of one year after the expiration of his four-year term. The Authority shall elect a chairman, a vice chairman and a secretary-treasurer, or a secretary and a treasurer. Neither the secretary nor the treasurer shall be required to be a member of the Authority. One city commissioner selected by the city commission and one county commissioner selected by the county commissioners shall be ex officio members of the Authority. The members of this Authority shall be entitled to no compensation. However, all members shall be reimbursed for actual expenses incurred in the performance of their duties. Members. 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 1975 session of the General Assembly of Georgia a bill to amend an act creating the Waycross and Ware

Page 3960

County Development Authority, approved March 7, 1955 (Ga. L. 1955 p. 2840), so as to change the provision relative to membership of the authority and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal Herald which is the official organ of Ware County, on the following dates: January 25, February 1, 8, 1975. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. POLK COUNTYDEPUTY SHERIFFSSALARIES CHANGED. No. 362 (House Bill No. 951). An Act to amend an Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, approved March 10, 1959 (Ga. L. 1959, p. 2732), as amended, particularly by an Act approved February 28, 1974 (Ga. L. 1974, p. 2069), so as to change the compensation of the sheriff's deputies; to provide

Page 3961

an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain officers of Polk County on an annual salary in lieu of the fee system of compensation, approved March 10, 1959 (Ga. L. 1959, p. 2732), as amended, particularly by an Act approved February 28, 1974 (Ga. L. 1974, p. 2069), is hereby amended by striking from subsection (c) of section 2, wherever the same shall appear, the following: $9,000.00, and inserting in lieu thereof the following: $10,500.00, so that when so amended, subsection (c) shall read as follows: (c) The sheriff of said County, who is also sheriff of the State Court of said County, shall receive a salary of $14,400.00 per annum. The sheriff shall employ a chief deputy sheriff, to be paid at the rate of $10,500.00 per annum and a deputy sheriff to be paid at the rate of $10,500.00 per annum. 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 1975 session of the General Assembly of Georgia, a bill to amend an Act approved March 10, 1959 (Ga. L. 1959, p. 2732),

Page 3962

as amended, to change the salaries of the Deputy Sheriffs of Polk County, Georgia; and for other purposes. This the 30th day of January, 1975. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn Gammage who, on oath, deposes and says that she is Representative from the 17th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates: February 4, 11, 18, 1975. /s/ Lynn Gammage Representative, 17th District Sworn to and subscribed before me this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF SAVANNAHCHATHAM COUNTYBOARD OF PUBLIC EDUCATIONSALARY OF MEMBERS CHANGEDREFERENDUM. No. 363 (House Bill No. 953). An Act to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham

Page 3963

County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended by an Act approved February 20, 1970 (Ga. L. 1970, p. 2076), and an Act approved March 27, 1972 (Ga. L. 1972, p. 3098), so as to change the provisions relating to the compensation of the members of said board; to change a reference to the title of the chairman of the board to president of the board; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that the Board of Public Education for the City of Savannah and the County of Chatham shall be elected by the voters of Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended by an Act approved February 20, 1970 (Ga. L. 1970, p. 2076), and an Act approved March 27, 1972 (Ga. L. 1972, p. 3098), is hereby amended by striking section 4 of said Act in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The members of the board, except the President, shall each receive three thousand six hundred dollars ($3,600.00) per annum, payable in equal monthly installments from the fund of the board, as full compensation for their duties. The President of the board shall receive six thousand dollars ($6,000.00) per annum, payable in equal monthly installments from the funds of the board, as full compensation for his duties. Section 2. Not less than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, and not later than January 1, 1976, it shall be the duty of the election superintendent of Chatham County to issue the call for an election for the purpose of submitting this Act to the electors of Chatham County for approval or rejection. The superintendent shall set the date of such election for the same day as the presidential preference primary to be conducted in 1976. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding

Page 3964

the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words: Referendum. () YES () NO Shall the Act changing the compensation of the members of the Board of Public Education for the City of Savannah and the County of Chatham be approved? All person desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 Chatham County. It shall be the duty of the Superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Chatham County. Personally appeared before me Donald E. Harwood, to me known, who being by me sworn, deposes and says: That he is the General Manager of Savannah News-Press, a registered name under which Southeastern Newspapers Corporation, a Georgia corporation, does business in Chatham County, Georgia. That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That as General Manager he is responsible for the publishing of said newspaper and is authorized by said publisher corporation to make affidavits on its behalf with regard to the publication of public notices, advertisements and other material appearing therein; That said newspaper is of general circulation in said

Page 3965

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 laws; That he has reviewed the regular editions of the Savannah Evening Press published on Jan. 13, 1975, Jan. 20, 1975 and Jan. 27, 1975 and finds that the following advertisement, to-wit: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 Session of the Georgia General Assembly a bill to amend an Act approved March 21, 1968 (Ga. L. 1968, p. 2636), and related Acts, pertaining to the Board of Public Education for the City of Savannah and the County of Chatham. This 10th day of January, 1975. Basil Morris Attorney For Said Board appeared in each of said editions. Donald E. Harwood General Manager Savannah News-Press Sworn to and subscribed before me this 31st day of January, 1975. /s/ Mary C. Parker Notary Public, Chatham County, Georgia. (Seal). Approved April 17, 1975.

Page 3966

MONTGOMERY COUNTYDETERMINATION OF COMPENSATION OF TAX COMMISSIONER PROVIDED. No. 364 (House Bill No. 954). 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 17, 1973 (Ga. L. 1973, p. 2935), so as to provide for determination of the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating the office of Tax Commissioner of Montgomery County, approved March 12, 1935 (Ga. L. 1935, p. 735), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 2935), 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 not less than $8,000.00 and not more than $10,100.00, such amount to be determined within the discretion of the governing authority of Montgomery County, 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 per centum 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 April 1, 1975. Effective date. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3967

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 session of the General Assembly of Georgia a bill to change compensation of the Tax Commissioner of Montgomery County, Georgia to repeal conflicting laws and for other purposes. L. L. Phillips Representative, 120th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pete Phillips who, on oath, deposes and says that he is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County, on the following dates: February 5, 12, 19, 1975. /s/ Pete Phillips Representative, 120th District Sworn to and subscribed before me this 24th day of February, 1975. /s/ Susan Gordan Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 3968

CITY OF HOMERVILLECHARTER AMENDEDQUALIFICATION TIME PERIOD FOR CERTAIN ELECTION CHANGED, ETC. No. 365 (House Bill No. 958). An Act to amend an Act creating a new charter for the City of Homerville, approved March 4, 1937 (Ga. L. 1937, p. 1921), as amended, so as to provide the time period within which candidates shall qualify for the offices of mayor and alderman; to provide for the numbering of positions of membership on the council; to provide that candidates offering for election to the office of alderman shall designate by number that position on the council for which he offers; to provide that a candidate to be elected to the office of mayor or alderman must receive a majority of the votes cast for the office; to provide for runoff elections; to provide when the registrars shall cease taking applications for the registration of electors; to provide the procedures connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the City of Homerville, approved March 4, 1937 (Ga. L. 1937, p. 1921), as amended, is hereby amended by striking in its entirety section 7 and substituting in lieu thereof a new section 7, to read as follows: Section 7. (a) The municipal general election for the City of Homerville shall be conducted on the first Wednesday in December of each year in which there shall be conducted a United States Presidential election. (b) The mayor and aldermen elected to office in such elections shall take office on the first day of January following their election, to serve for a term of office of four years and until their successors are duly elected and qualified.

Page 3969

(c) Persons wishing to qualify as candidates for the offices of mayor and alderman shall qualify therefor commencing 45 days prior to the primary or election. No person may qualify as a candidate within 15 days of the primary or election. (d) Positions of membership on the council shall be numbered as Posts 1 through 4, respectively. A candidate offering for election to the office of alderman shall designate by number that position on the council for which he offers as a candidate. In order to be elected to the office of mayor or alderman, a candidate must receive a majority of the votes cast for such office. In the event no candidate for a particular office shall receive a majority of the votes cast to fill such office, a runoff election shall be conducted in accordance with the procedures prescribed by section 34A-1407 of the Georgia Municipal Election Code. Section 2 . Said Act is further amended by inserting between sections 14 and 15 a new section 14A, to read as follows: Section 14A. Fifteen days prior to the municipal general election, the registrars shall cease taking applications to qualify persons to vote in 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 1975 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Homerville, so as to change certain procedures pertaining to the elections conducted with in the City; and for other purposes. This 31st day of Jan. 1975. /s/ Ottis Sweat, Jr. Representative, 150th District

Page 3970

Georgia, Clinch County. Personally appears before the undersigned officer, duly qualified to administer oaths, Iverson H. Huxford, who on oath deposes and says that he is publisher of The Clinch County News, Homerville, Ga., that said publication is the official organ of said City and County, and that the following legal notice was duly published in said publication on the following dates: February 7, 1975, February 14, 1975, February 21, 1975. /s/ Iverson H. Huxford Sworn to and subscribed before me this 21st day of February, 1975. /s/ Beulah Nettles Notary Public, Clinch County, Ga. (Seal). Approved April 17, 1975. CITY OF WARRENTONNEW CHARTER. No. 366. (House Bill No. 960). An Act to create a new charter for the City of Warrenton; 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:

Page 3971

ARTICLE I CREATION, INCORPORATION, POWERS Section 1.10. Incorporation. This Act shall constitute the whole charter of the City of Warrenton, Georgia, repealing and replacing the charter as provided by Georgia Laws of 1899, p. 299, as amended. The City of Warrenton, Georgia, in the County of Warren, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Warrenton, Georgia; under the name, said city shall continue to be vested with all property and rights of property which now belong to the corporation; shall have perpetual succession, may sue and be sued, plead and be impleaded, in all actions whatsoever; may contract and be contracted with; may acquire and hold such property, real or personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it; may have a common seal and change it at pleasure; and may exercise in conformity with this charter all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. Section 1.11. Corporate Boundaries. The corporate boundaries of the city shall be the same as those of the City of Warrenton 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. Section 1.12. Powers Defined. (a) The government of Warrenton 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.

Page 3972

(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, morale 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 right, 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 the City of Warrenton, to be exercised by the mayor and councilmen, shall, without limiting the foregoing, include the following: (1) To levy and to provide for the 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;

Page 3973

(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; (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;

Page 3974

(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, recreation facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage 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 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,

Page 3975

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 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

Page 3976

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, maintining and extending of 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 change 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

Page 3977

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 county jail or any county correctional institution 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 regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this State, are 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

Page 3978

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 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

Page 3979

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. 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.

Page 3980

ARTICLE II LEGISLATIVE BRANCH Chapter 1. Governing Body Section 2.10. Creation; Number; Election. The legislative authority of the government of the City of Warrenton, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five (5) 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 four (4) 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 members 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 the City of Warrenton, 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 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.

Page 3981

(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. Compensation and Expenses. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office and may fix their compensation as authorized by general law. 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 the City of Warrenton 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,

Page 3982

sanitation, comfort, convenience, prosperity or well-being of the inhabitants of the City of Warrenton 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. Organizations and Procedures. Section 2 Organization. (a) At the first regular meeting in each even-numbered year, the oath of office shall be administered to the mayor and councilmen beginning a new term of office 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, 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 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 shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale or foreclosure of taxes by municipalities.

Page 3983

(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 two (2) members of the council. Notice of such special meetings shall be served on all other members as provided by ordinance. 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. 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 three councilmen or four 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. 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.

Page 3984

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. (b) An ordinance may be introduced by any member of the council and read at a regular 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 originally 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 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. (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 five (5) 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

Page 3985

return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the fifth (5th) 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 four (4) 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 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 Warrenton 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.

Page 3986

ARTICLE III EXECUTIVE BRANCH Chapter 1. Mayor Section 3.10. Chief Executive Officer. The mayor shall be the chief executive of the City of Warrenton. 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 four (4) years and until his successor is elected and qualified. He shall be a qualified elector of the City of Warrenton; 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 the City of Warrenton for a period of one (1) year immediately preceding his election. He shall continue to reside in the City of Warrenton 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 three affirmative votes of the councilmen present. Section 3.12. Powers and Duties. (a) As the chief executive of the City of Warrenton, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all officers, department heads,

Page 3987

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 expedient; (7) Call special meetings of the council as provided for in Section 2.21; (8) Approve or disapprove ordinances as provided in section 2.26; (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; (12) Preside at all meetings of the city council; (13) See that all meetings are conducted in a parliamentary manners, and shall preserve order and decorum in such meetings;

Page 3988

(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 3.13. Mayor Pro Tem . During the absence or disability of the mayor for any cause, a mayor pro tem., appointed by the council, or in his obsence or disability for any reason, any resident of the city chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties 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. Chapter 2. Organization and General Provisions Section 3.20. Administrative and Service Departments . (a) The council may establish, abolish, merge, or consolidate

Page 3989

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. 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

Page 3990

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 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.

Page 3991

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 the charter concerning personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Warrenton. ARTICLE IV RECORDER'S COURT Section 4.10. Continuation. The Mayor's Court of the City of Warrenton shall continue as the recorder's court of the city 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 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

Page 3992

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 the recorder pro tem. become disqualified, then the council may designate any citizen of Georgia over 21 years of age 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. The recorder and recorder pro tem. shall be citizens of Georgia over 21 years of age. (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. Section 4.13. Jurisdiction; Powers. (a) The recorder's court shall try and punish for crimes against the City of

Page 3993

Warrenton 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 the City of Warrenton or Warren 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. In the event that cash or property is accepted in lieu of bond for security for the apperance 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 the City of Warrenton, 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 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.

Page 3994

(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, subpoenas 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 the City of Warrenton 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 Warren 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 probate court. 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 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

Page 3995

peace to issue warrants for the violation of criminal laws of the State committed in the City of Warrenton, 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 the City of Warrenton 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 the City of Warrenton. The candidate for mayor receiving the highest number of votes shall be deemed elected mayor, and the candidates receiving the highest number of votes for councilmen shall be deemed elected councilmen. Section 5.12. Regular Elections; Time for Holding. A mayor shall be elected on the second Wednesday in December, 1975, and on that date quadrennially thereafter. Three councilmen shall be elected on the second Wednesday in December, 1975, and on that date quadrennially thereafter. Two councilmen shall be elected on the second Wednesday in December, 1977, and on that date quadrennially thereafter. Their terms of office shall begin January 1 following their election. Section 5.13. Vacancies. In the event that the office of mayor shall become vacant for any cause whatsoever, the

Page 3996

mayor pro tem. shall act as mayor until the next general election with all the powers and duties of the mayor. In the event that the office of councilman shall become vacant for any cause whatsoever, such vacancy shall be filled by appointment of the mayor and council. The tenure of office of the councilman so appointed shall continue only until the next general election. 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 an 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 City of Warrenton election unless he shall be a registered voter, qualified as required by law to vote in municipal elections in the City of Warrenton. 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 the City of Warrenton. 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

Page 3997

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 the sufficient levy to pay principal and interest on the general obligations. The City of Warrenton 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 specific or occupation taxes upon the residents of the City of Warrenton, both individual and corporate, and upon all those who transact or offer to transact business therein,

Page 3998

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 licensing and taxation in any way which may be lawful; to require such persons to purchase licenses; to compel the payment of such licenses and taxes by execution or any other lawful 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 the City of Warrenton 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 in or doing business in said city benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such 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

Page 3999

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 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 be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the highest rate permitted by law 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. fa. 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 hereafter provided by law.

Page 4000

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 accordinance 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 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. 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 for 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

Page 4001

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 taxable real and personal property within the City of Warrenton. 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 the City of Warrenton. 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 6.40. 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 the City of Warrenton.

Page 4002

(b) Except as otherwise provided by law, the council may sell and convey any real or personal property owned or held by the City of Warrenton 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 the City of Warrenton. 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 the City of Warrenton. 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

Page 4003

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 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 Warren 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 the City of Warrenton, regardless of whether or not the subject has an office or establisment 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.

Page 4004

Section 7.15. Franchises. The council shall have authority to exercise control over the use of streets of the City of Warrenton. 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 nonexclusive, 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 air-conditioning, electrical, plumbing and other such 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.

Page 4005

ARTICLE VIII MISCELLANEOUS Section 8.10. Official Bonds. The officers and employees of the City of Warrenton, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 8.11. Existing Ordinances, Rules and Terms of Office. Existing ordinances and resolutions of the City of Warrenton 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 Warrenton 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 the City of Warrenton 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

Page 4006

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. Section 8.16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce a Local Bill. Notice is hereby given that there will be introduced for passage at the 1975 Session of the General Assembly of Georgia a local bill entitled as follows: A bill to be entitled an Act to create a new Charter for the City of Warrenton; to prescribe the corporate limits of said City; to provide for the government 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. This the 3rd day of January, 1975. M. W. Callaway, Sr., Mayor Terry M. Johnson W. T. Pilcher Henry C. Wheeler, Jr. S. D. Pearson, Jr. J. A. Thrift, Jr., Councilmen Ben B. Ross Representative, 76th District

Page 4007

Georgia, Warren County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the: The Warrenton Clipper legal organ for Warren County, the following dates, to-wit: January 10, 17 24, 1975. Sworn to on the 25th day of January, 1975. /s/ Alva L. Haywood Publiser Sworn to and subscribed to before me, on the 25th day of January, 1975. /s/ Julia N. Haywood Notary Public, Warren Co., Ga. My Commission Expires April 12, 1977. (Seal). Approved April 17, 1975. LINCOLN COUNTYSALARY OF SHERIFF CHANGED. No. 367 (House Bill No. 961). An Act to amend an Act abolishing the fee system of compensating the sheriff of Lincoln County and providing in lieu thereof an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2486), as amended, so as to change the compensation of the said sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the sheriff of Lincoln County and providing in lieu thereof an annual salary, approved March 24, 1965 (Ga.

Page 4008

L. 1965, p. 2486), as amended, is hereby amended by striking from section 2 the figure, $6,000 and inserting in lieu thereof the figure, $9,000.00, so that when so amended section 2 shall read as follows: Section 2. The sheriff of Lincoln County shall be paid an annual salary of $9,000.00, payable in equal monthly installments from funds of Lincoln County. The governing authority of Lincoln County shall furnish, maintain and pay the operating expenses of the automobiles of the sheriff's office, and the said governing authority shall furnish uniforms to the deputy sheriff. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon the recommendation of the Grand Jury of Lincoln County, sitting at the January 1975 term, notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Lincoln County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2486), as amended, so as to change the provisions relative to the compensation of said Sheriff; and for other purposes. This 31st day of January, 1975. Ben Barron Ross Representative, 76th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross who, on oath, deposes and says that he is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 4009

the Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 6, 13, 20, 1975. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TALIAFERRO COUNTYBOARD OF COMMISSIONERSEXPENSES OF CHAIRMAN CHANGED, ETC. No. 368 (House Bill No. 962). An Act to amend an Act entitled An Act to amend the Act of 1922 (Ga. L. 1922, p. 416-418), approved August 17, 1922, so as to change the term of office board of county commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes, approved March 7, 1939 (Ga. L. 1939, p. 734), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3217), and by an Act approved February 29, 1968 (Ga. L. 1968, p. 2075), so as to change the compensation, expenses and allowances of the Chairman 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:

Page 4010

Section 1. An Act entitled An Act to amend the Act of 1922 (Ga. L. 1922, p. 416-418), approved August 17, 1922, so as to change the term of office board of county commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes, approved March 7, 1939 (Ga. L. 1939, p. 734), as amended, particularly by an Act approved March 13, 1957 (Ga. L. 1957, p. 3217, and by an Act approved February 29, 1968 (Ga. L. 1968, p. 2075), is hereby amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. (a) The salary of the Chairman of the Board of Commissioners shall be $7,200.00 per annum, payable in equal monthly installments from the funds of Taliaferro County. Salary. (b) In addition to the compensation provided for by subsection (a) hereof, the Chairman shall receive a travel expense allowance, payable from the funds of Taliaferro County, in the amount of $150.00 per month for use of his personal automobile in carrying out his official duties. However, the Board of Commissioners shall be authorized to furnish an automobile at county expense for the use of the Chairman in carrying out his official duties and shall be authorized to pay for the maintenance and operating expenses of said automobile from county funds. In the event the Board of Commissioners furnishes a county-owned automobile for the use of the Chairman, the Chairman shall not be authorized to receive the travel expense allowance provided for herein. (c) When traveling outside of the county on official business, the Chairman shall be reimbursed for actual and necessary expenses incurred by him and shall receive a mileage allowance equal to the mileage allowance authorized by law for employees of the State government. Such expenses and mileage allowance shall be paid from the funds of Taliaferro County.

Page 4011

(d) The compensation of the other two members of the Board of Commissioners shall be $25.00 per diem for each day they shall attend a meeting of the Board in the discharge of their duties. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to change the compensation, expenses and allowances of the Chairman of the Board of Commissioners of Taliaferro County; and for other purposes. This 17th day of January, 1975. Bill Watson Chairman Henry G. Moore, Jr. Member, Post I George Fambrough Member, Post II Ben Barron Ross Representative S. P. McGill Senator 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 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 4012

the Advocate Democrat which is the official organ of Taliaferro County, on the following dates: January 24, 31 and February 7, 1975. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. LINCOLN COUNTYBOARD OF COMMISSIONERSSALARY OF CHAIRMAN CHANGED. No. 369 (House Bill No. 963). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County), approved February 25, 1949 (Ga. L. 1949, p. 1228, as amended by an Act approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2483), an Act approved March 9, 1959 (Ga. L. 1959, p. 2248), an Act approved March 3, 1962 (Ga. L. 1962, p. 2685), an Act approved February 28, 1966 (Ga. L. 1966, p. 2620), an Act approved April 11, 1967 (Ga. L. 1967, p. 3023), an Act approved April 23, 1969, (Ga. L. 1969, p. 3350), and an Act approved March 22, 1974 (Ga. L. 1974, p. 3126), so as to change the salary of the Chairman 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:

Page 4013

Section 1. An Act creating a Board of Commissioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County), approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended by an Act approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2483), an Act approved March 9, 1959 (Ga. L. 1959, p. 2248), an Act approved March 3, 1962 (Ga. L. 1962, P. 2685), an Act approved February 28, 1966 (Ga. L. 1966, p. 2620), an Act approved April 11, 1967 (Ga. L. 1967, p. 3023), an Act approved April 23, 1969 (Ga. L. 1969, p. 3350), and an Act approved March 22, 1974 (Ga. L. 1974, p. 3126), is hereby amended by striking from section 3 of said Act the following: eight thousand dollars ($8,000.00), and inserting in lieu thereof the following: $10,000.00, and by striking from said section the following: the effective date of this Act., and inserting in lieu thereof the following: July 1, 1975., so that when so amended section 3 shall read as follows: Section 3. The chairman of the board shall receive a salary from the general funds of said county in the sum of $10,000.00 per year, payable monthly. Said salary shall be 2-% for each year of service as chairman of the board completed after July 1, 1975. Said chairman shall, during his term of office, devote his full time to the said position. Salary. Section 2. This Act shall become effective on July 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4014

Notice of Intention to Introduce Local Legislation. Upon the recommendation of the Grand Jury of Lincoln County, sitting at the January 1975 term, notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, so as to change the provisions relative to the compensation of the Chairman of said Board of Commissioners; and for other purposes. This 31st day of January, 1975. Ben Barron Ross Representative, 76th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross who, on oath, deposes and says that he is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 6, 13, 20, 1975. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975

Page 4015

TIFT COUNTY BOARD OF COMMISSIONERSELIGIBILITY PROVISIONS FOR OFFICE OF CHAIRMAN MADE. No. 370 (House Bill No. 965). 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, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2795), and an Act approved March 29, 1973 (Ga. L. 1973, p. 2408), so as to provide that a member of the board of commissioners from commissioner districts 2, 4 and 5 shall be ineligible for the office of chairman unless he resigns from office by a certain date; to provide for filling vacancies in the office of the members from commissioner districts 2, 4 and 5 occurring in certain years; 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, particularly by an Act approved March 31, 1971 (Ga. L. 1971, p. 2795), and an Act approved March 29, 1973 (Ga. L. 1973, p. 2408), is hereby amended by adding at the end of section 4A, a new subsection to be designated subsection (c), to read as follows: (c) A member of the board of commissioners from commissioner districts 2, 4 and 5 shall be ineligible to be elected to the position of chairman of the board of commissioners (commissioner district 3) unless such member from commissioner district 2, 4 or 5 resigns as a member of the board of commissioners prior to May 1 of the year in which the general election is held to elect the chairman. so that when so amended, section 4A shall read as follows: Section 4A. (a) The chairman of the Board of Commissioners of Tift County shall be the commissioner elected from commissioner district 3. The first such chairman shall

Page 4016

be elected at the general election held in 1972 and shall take office on January 1, 1973, for a term of four years and until his successor is elected and qualified as provided in section 4 of this Act. (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. (c) A member of the board of commissioners from commissioner districts 2, 4 and 5 shall be ineligible to be elected to the position of chairman of the board of commissioners (commissioner district 3) unless such member from commissioner district 2, 4 or 5 resigns as a member of the board of commissioners prior to May 1 of the year in which the general election is held to elect the chairman. 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) Except as provided in subsection (b), all vacancies in membership of said board of commissioners occurring in less than six months of the expiration of such term of office shall be filled by appointment of a duly qualified person resident of said district by the judge of the probate court of said county and such appointee shall be commissioned and hold office until the expired term and until his successor is elected and qualified; all vacancies occurring in the membership of such board more than six months before the expiration of the term of office shall be filled by a special election in said road district, called by the judge of the probate court of said county in the same manner as in the case to fill vacancies in other county offices, and the person so elected shall be commissioned and hold office until the expiration of the unexpired term and until his successor is elected and qualified. The expenses of any such special election shall be paid out of the general funds of said county.

Page 4017

(b) When a member of the board of commissioners from commissioner district 2, 4 and 5 resigns from office in the same year in which the general election is held to elect the chairman of the board of commissioners, the vacancy created by such resignation shall be filled at a special election to be held at the same time as the general election. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Legislation will be introduced at the regular 1975 session of the General Assembly of Georgia to amend existing laws so as to provide that all members, except the chairman, of the board of commissioners of Tift County are ineligible to qualify or seek election as chairman without first resigning as a member of the commission, and for other purposes. Tift County Commission Georgia, Tift County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Homer Rankin, who, on oath, deposes and says that he is the Publisher of The Daily Tifton Gazette, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Daily Tifton Gazette which is the official organ of Tift County, on the following dates: January 18, 25 and February 1, 1975. /s/ Homer Rankin, Publisher The Daily Tifton Gagette Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Janice J. Almand Notary Public. (Seal). Approved April 17, 1975.

Page 4018

WASHINGTON COUNTY STATE COURTJUROR SELECTION CHANGED, ETC. No. 371 (House Bill No. 966). An Act to amend an Act creating the State Court of Washington County, approved October 31, 1901 (Ga. L. 1901, p. 164), as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 699), so as to change the method of selecting jurors; to provide for civil and criminal trials by a jury of six persons; to provide for the compensation of jurors; 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 the State Court of Washington County, approved October 31, 1901 (Ga. L. 1901, p. 164), as amended, particularly by an Act approved March 27, 1941 (Ga. L. 1941, p. 699), is hereby amended by striking section 28 in its entirety and inserting in lieu thereof a new section 28 to read as follows: Section 28. Twelve jurors shall be drawn and summoned and impaneled as above provided, and in all cases, civil or criminal, trial by a jury of six shall be had in said court when so demanded. In all cases, civil or criminal, each side shall have three strikes. At each term of court the judge of said court shall be empowered to draw and summon as many jurors as he deeems necessary to dispose of cases before the court in accordance with the above rules. The jurors, those drawn on the regular panel and likewise talesmen, which the judge of said court is empowered to have summoned instanter at any term of said court, whenever necessary to complete a panel, shall receive such pay as is currently being paid to jurors in the Superior Court of Washington County. Jurors. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4019

Georgia, Washington County. Personally appeared before the undersigned attesting officer, duly authorized by law to administer oaths Robert G. Garrett who, being duly sworn, on oath says that he is the publisher of the newspaper The Sandersville Progress, in which sheriff's advertisements for said county are published, and that the notice shown below was published in said newspaper on January 30, February 6, February 13, 1975. Notice of Intention to Apply for Passage a Local Bill. Notice is hereby given that I will, with the concurrence of the Court Officials, introduce a bill in the 1975 General Assembly of Georgia to amend the Act creating the State Court of Washington County to establish the number of jurors required for the trial of cases in said court in both civil and criminal cases to six. This 28th day of January, 1975. T. C. Carr Representative from Washington County /s/ Robert G. Garrett (Deponent) Sworn to and subscribed before me, this 22 day of February, 1975. /s/ Thomas E. Hutcheson Notary Public, Washington County, Georgia. My Commission Expires May 22, 1977. (Seal). Approved April 17, 1975.

Page 4020

BIBB COUNTY SUPERIOR COURTSWEARING OF GRAND JURYPROVISIONS CHANGED. No. 372. (House Bill No. 967). An Act to amend an Act fixing the terms of the Superior Court of Bibb County and providing for the drawing of grand juries, approved March 3, 1943 (Ga. L. 1943, p. 680), as amended by an Act approved March 30, 1971, (Ga. L. 1971, p. 2503), so as to provide that the grand jury shall be sworn when first empaneled and need not be sworn thereafter even though its life extends beyond the term of court when originally drawn; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the terms of the Superior Court of Bibb County and providing for the drawing of grand juries, approved March 3, 1943 (Ga. L. 1943, p. 680), as amended by an Act approved March 30, 1971 (Ga. L. 1971, 2503), is hereby amended by adding thereto a new section 4A, to read as follows: Section 4A. Whenever a judge of the Superior Court of Bibb County, Georgia, shall draw a grand jury for the February and August terms of said court, and whenever the grand jury so drawn is sworn, it shall be sworn for the life of that grand jury as provided by section 4 of this Act and it shall not be necessary to swear said grand jury during any other term of said court during which said grand jury's life is continued as provided by section 4. Swearing. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4021

Georgia, Bibb County in the Superior Court of said County. Notice is hereby given that local legislation will be introduced in the 1975 regular session of the General Assembly of Georgia, a bill to permit the Bibb County Grand Jury to be sworn for the life of the Grand Jury at the time the said Grand Jury is organized as is determined by law, so that it shall not be necessary to swear said Grand Jury during any other term of Court during which said Grand Jury's life is continued as is provided by law. This 22nd day of January, 1975. Fred M. Hasty, District Attorney Macon Judicial Circuit Georgia, Bibb County. Personally appeared before me, a Notary Public within and for above state and county, Sandy Cochran, 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: Jan. 24, 31, Feb. 7, 14. /s/ Sandy Cochran Sworn to and subscribed before me, this 14th day of February, 1975. /s/ Lolita N. Shockley Notary Public, Bibb County, Georgia. My Commission Expires January 6, 1976. (Seal). Approved April 17, 1975.

Page 4022

LONG COUNTYJUDGE OF PROBATE COURT PLACED ON SALARY, ETC. No. 373 (House Bill No. 968). An Act to abolish the present mode of compensating the Judge of the Probate Court of Long 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 a specific Act; 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 Judge of the Probate Court of Long County, known as the free system, is hereby abolished, and in lieu thereof, and annual salary for such officer is prescribed as hereinafter provided. Section 2. The Judge of the Probate Court shall receive an annual salary of $8,000.00, payable in equal monthly installments from county funds. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the Judge of the Probate

Page 4023

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. Fees. Section 4. The Judge of the Probate Court shall be authorized to appoint a clerk to assist him in carrying out the duties of his office. The said clerk shall receive a salary of $4,800.00 per annum, to be paid in equal monthly installments from county funds. The Judge of the Probate Court shall 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 number of such other employees and their compensation. It shall be within the sole power and authority of the Judge of the Probate 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. Clerk. Section 5. The necessary operating expenses of the Judge of the Probate 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, 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 Long County. Expenses.

Page 4024

Section 6. An Act supplementing the compensation of the Ordinary of Long County, approved February 12, 1951 (Ga. L. 1951, p. 2325), as amended by an Act approved March 6, 1956 (Ga. L. 1956, p. 2181), by an Act approved March 17, 1958 (Ga. L. 1958, p. 2471), by an Act approved March 31, 1967 (Ga. L. 1967, p. 2325), and by an Act approved March 27, 1972 (Ga. L. 1972, p. 2661), is hereby repealed in its entirety. Section 7. This Act shall become effective April 1, 1975. 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 1975 session of the General Assembly of Georgia a bill or bills to place the Clerk of the Superior Court and Judge of the Probate Court of Long County on an annual salary in lieu of the fee system of compensation; to provide for deputies and clerks; and for other purposes. This 3rd day of January, 1975. Donald H. Fraser Representative, 139th 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 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: January 16, 23, 30, 1975. /s/ Dewey D. Rush Representative, 121st District

Page 4025

Sworn to and subscribed before me, this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. LONG COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 374 (House Bill No. 969). An Act to consolidate the offices of Tax Receiver and Tax Collector of Long County into the office of the Tax Commissioner of Long County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for a deputy tax commissioner and his compensation; to provide for the operation of such office; to make provisions relative to taxes and tax fi. fas.; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective January 1, 1977, the offices of Tax Receiver and Tax Collector of Long County are hereby consolidated and combined into one office of the Tax Commissioner of Long County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State.

Page 4026

Section 2. The first election for office of tax commissioner created herein shall be held at the same time as the election of other county officers for Long County in 1976. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1980, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present Tax Collector and Tax Receiver of Long County, and their terms of office shall continue through December 31, 1976. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Created. Section 3. The tax commissioner shall receive for his services as such an annual salary of $10,000.00, payable in equal monthly installments from the funds of Long County. Salary. Section 4. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Long 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. Except as hereinafter provided, 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 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. It is specifically provided, however, that the tax commissioner shall be entitled to receive, in addition to the salary provided by section 3 of this Act, those commissions allowed by an Act approved

Page 4027

March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials. Fees. Section 5. The tax commissioner is authorized to appoint a deputy to assist him in the performance of his duties. Such deputy shall be compensated in the amount of $5,200.00 per annum, payable in equal monthly installments from the funds of Long County. Deputy. Section 6. All taxes due and payable Long County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. heretofore issued shall have full force and effect and shall be collectible as issued. Section 7. The tax commissioner shall be required to open his office for business for not less than four and one-half (4) days per week, except during weeks which contain legal holidays. Hours. 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 1975 session of the General Assembly of Georgia a bill to create the office of Tax Commissioner of Long County and to consolidate the offices of tax receiver and tax collector into the office of tax commissioner; and for other purposes. This 3rd day of Jan., 1975. Donald H. Fraser Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush

Page 4028

who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: January 16, 23, 30, 1975. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. LONG COUNTYSUPERIOR COURT CLERK PLACED ON SALARY. No. 375 (House Bill No. 970). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Long 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:

Page 4029

Section 1. The present mode of compensating the Clerk of the Superior Court of Long 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 $10,000.00, payable in equal monthly installments from county funds. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the 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. Fees. Section 4. The Clerk of the Superior Court shall be authorized to appoint a deputy clerk to assist him in carrying out the duties of his office. Said deputy clerk shall receive a salary of $5,200.00 per annum, to be paid in equal monthly installments from county funds. The Clerk of the Superior Court shall 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 number of such other employees and their compensation. It shall be within the sole

Page 4030

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. Deputy. 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, 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 Long County. Expenses. Section 6. This Act shall become effective April 1, 1975. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill or bills to place the Clerk of the Superior Court and Judge of the Probate Court of Long County on an annual salary in lieu of the fee system of compensation; to provide for deputies and clerks; and for other purposes. This 3rd day of Jan., 1975. Donald H. Fraser Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 4031

duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: January 16, 23, 30, 1975. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CLARKE COUNTYPRISONERSFOOD ALLOWANCE INCREASED. No. 376 (House Bill No. 978). An Act to amend an Act placing the Sheriff of Clarke County upon an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2113), as amended by an Act approved April 10, 1969 (Ga. L. 1969, p. 2616), and an Act approved March 21, 1970 (Ga. L. 1970, p. 2984), so as to increase the food allowance for the prisoners confined in the county jail; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Clarke County upon an annual salary, approved February 28, 1966 (Ga. L.

Page 4032

1966, p. 2113), as amended by an Act approved April 10, 1969 (Ga. L. 1969, p. 2616), and an Act approved March 21, 1970 (Ga. L. 1970, p. 2984), is hereby amended by striking in section 8, the following: $2.00, and inserting in lieu thereof, the following: at least $3.00, so that when so amended, section 8 shall read as follows: Section 8. The sheriff is charged with the responsibility of feeding all prisoners confined within the county jail. The governing authority of Clarke County shall reimburse the sheriff at the rate of at least $3.00 per day, per prisoner for the expenses incurred by the sheriff in feeding such prisoners. Food. 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 local legislation will be introduced in the 1975 Session of the General Assembly of Georgia, to amend an Act placing the sheriff of Clarke County on salary so as to increase the food allowance paid to the sheriff for the prisoners confined in the county jail and for other purposes. This 20th day of January, 1975. Ruth Logan Representative, 62nd District

Page 4033

Affidavit Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared Robert W. Chambers, who, being put upon oath, certifies, deposes and swears that he is the Publisher of Athens Newspapers, Inc.; that The Daily News is the newspaper in which legal 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 January 31, 1975, February 7, 1975 and February 14, 1975. /s/ Robert W. Chambers Certified, Sworn to and Subscribed before me, this 21st day of February, 1975. /s/ Frances P. Carter Notary Public, Clarke County, Georgia. My Commission Exipres Aug. 1, 1977. (Seal). Approved April 17, 1975. CITY OF LILBURNCHARTER AMENDEDELECTION PROCEDURES CHANGED. No. 377 (House Bill No. 983). An Act to amend an Act incorporating the City of Lilburn in the County of Gwinnett, approved March 7, 1955 (Ga. L. 1955, p. 3306), as amended, so as to change the election procedures for the governing authority of the 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 Lilburn in the County of Gwinnett, approved March 7, 1955 (Ga. L. 1955, p. 3306), as amended, is hereby amended by striking

Page 4034

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 municipal government of said City of Lilburn shall consist of a mayor and four councilmen. The mayor and councilmen of said City of Lilburn shall continue in office until their successors are elected and qualified as hereinafter provided, and they shall have and exercise all the rights, powers and duties hereby conferred on the mayor and council of said City of Lilburn. On the first Saturday in December of 1975 there shall be elected a mayor and two of said councilman for a term of two years, beginning on the first Monday in January, 1976, and said mayor and each of said council shall hold office until his successor is elected and qualified; two councilmen shall be elected on said date of the first Saturday in December, 1976, for a term of office of two years beginning on the first Monday in January, 1977, and each of said councilmen shall hold office until his successor is elected and qualified. Thereafter, on the first Saturday in December of every year there shall be an election at which a mayor and two councilmen shall be elected on uneven years for a term of two years, who shall take office on the first Monday in January following the election; on the first Saturday of December in the year 1976 there shall be elected two councilmen whose term of office shall be for two years, who shall take office on the first Monday in January next following their election and who shall hold office until their successors are elected and qualified. On the first Saturday in December of every even year thereafter there shall be elected two councilmen, whose terms of office shall be for two years, or until their successors are elected and qualified, who shall take office on the first Monday in January next following their election. Election. Section 2. Said Act is further amended by striking section 32 in its entirety and substituting in lieu thereof a new section 32, to read as follows: Section 32. Be it further enacted by the authority aforesaid that the city clerk shall keep a permanent voters registration book in which persons desiring to vote in any

Page 4035

city election, and otherwise qualified to vote, shall register. Upon application in person by such persons entitled to register, who shall furnish to the city clerk evidence of their qualifications, the clerk, or other registering officer named by the mayor and council shall allow said person to enter upon the registration book his or her name, age, residence and occupation. Said names shall be alphabetically arranged in the register as nearly as possible. The registering officer shall be the judge of the qualification of those offering to register, with the right of appeal by the applicant to the mayor and council, and the registrar may in his discretion require the applicant to take oath that he is qualified to so register. The said registration book shall be kept in the office of the city clerk at the city hall, and shall be open for the purpose of registration at all times said city clerk's office is open for official business, except said registration book shall close at the close of the fifteenth day before any election, and any person registering therein after the fifteenth day before any election shall not be qualified to vote in said election, and if said fifteenth day should fall on Sunday or other legal holiday when the city clerk's office is not open, then said registration book shall be closed at the end of the fourteenth day before said election. Prior to all elections, and after the close of the said registration book, the city clerk, and such other person or persons as shall be designated by the mayor and council, shall make a list of all the qualified voters so registered, after having first purged said list and book of all persons who have died, moved without the city, or otherwise become disqualified to vote, and such list, when certified by the city clerk, shall be the official list of the qualified voters for said election, and shall be furnished as such to the election managers. No person whose name has been purged from said book because of having moved without said city, or having otherwise become disqualified to vote, shall be allowed to again vote in any city election, until his disqualification has been removed, and he has registered anew. Provided, that in all elections for the authorization of a bonded or other indebtedness the State law shall in all respects govern where in conflict with this charter. Registration book.

Page 4036

Section 3. Said Act is further amended by striking section 34 in its entirety and substituting in lieu thereof a new section 34, to read as follows: Section 34. Be it further enacted by the authority aforesaid, that all persons desiring to run for any elective office in said city, shall file a written statement with the city clerk, stating the office for which they are offering, at least by 12 o'clock noon, Eastern Standard Time of the 20th day prior to said election, and if said 20th day should fall on Sunday, or other legal holiday, said statement shall be filed by noon of the following day. To determine the 20th day, the day alleged to be the 20th day shall be counted, but the day of the election shall not be counted. Prior to said election day, the city clerk, under the direction of the mayor, shall have printed or prepared a ballot to be used by the voters in said elections, which ballot shall in all respects be a secret ballot without any identifying number or other writting on the part actually denoting the voter's choice. No write-in votes shall be permitted for any office where any duly qualified candidate has properly announced for said office and his name has been printed on the prepared ballot. Any error made by an elector in marking of his ballot, shall not void the entire ballot, but shall void only so much of said ballot as has been erroneously marked. In the case of the election of members of council, all candidates for councilmen, shall designate the councilman they seek to succeed, and the names of the candidates for the separate places to be filled shall be placed in separate brackets on the ballots. Prior to each election, the mayor and council shall appoint a board of three managers to conduct said election, each of said managers shall be qualified voters of said city, and each shall take an oath to faithfully and impartially conduct said election and prevent all illegal voting to the best of their skill and power. All elections in said city shall be held in City Hall and shall be carried out pursuant to the guidelines set forth in the Georgia Municipal Election Code. Qualification. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4037

Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced at the 1975 session of the General Assembly to amend the Charter of the City of Lilburn, Georgia so as to change the dates provided for the election of the Mayor and Council of the said City of Lilburn, Georgia; and for other purposes. This 3rd day of January, 1975. James W. Garner City Attorney City of Lilburn, Georgia Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. T. Phillips 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 Lawrenceville Home Weekly which is the official organ of Gwinnett County, on the following dates: January 8, 15, 22, 1975. /s/ R. T. Phillips Representative, 59th District Sworn to and subscribed before me, this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expries Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4038

BUTTS COUNTYSALARY OF SHERIFF CHANGED. No. 378 (House Bill No. 987). An Act to amend an Act placing the Sheriff of Butts County upon an annual salary in lieu of the fee system of compensation, approved January 27, 1961 (Ga. L. 1961, p. 2022), 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 Butts County upon an annual salary in lieu of the fee system of compensation, approved January 27, 1961 (Ga. L. 1961, p. 2022), 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 present method of compensation for the Sheriff of Butts County, Georgia, is hereby changed from the fee system to the salary system and the Sheriff of Butts County shall hereafter be paid on a salary basis. The sheriff shall be compensated in the amount of $12,000.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Butts County. In addition to said salary, the sheriff shall receive a contingent expense allowance of $600.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Butts County. Such salary and contingent expense allowance shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, penalties, funds, monies and all other emoluments and perquisites of whatever kind which shall be allowed the Sheriff of Butts County after the effective date of this Act and said salary shall also include all fees, costs, fines, forfeitures, commissions, insolvent costs, 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

Page 4039

Butts 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 1975 regular session of the General Assembly of Georgia, a bill to change the method of compensation of the Sheriff of Butts County; and for other purposes. This 31st day of January, 1975. J. R. Smith Representative, District 78 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 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: February 6, 13, 20, 1975. /s/ J. R. Smith Representative, 78th District

Page 4040

Sworn to and subscribed before me, this 25th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. GILMER COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 379 (House Bill No. 991). An Act to amend an Act placing the Sheriff of Gilmer County on a salary system in lieu of fees, approved February 28, 1966 (Ga. L. 1966, p. 2480), as amended by an Act approved March 31, 1967 (Ga. L. 1967, p. 2394), so as to change the provisions relative to the compensation and expense allowance of the Sheriff; to change the provisions relative to 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 Gilmer County on a salary system in lieu of fees, approved February 28, 1966 (Ga. L. 1966, p. 2480), as amended by an Act approved March 31, 1967 (Ga. L. 1967, p. 2394), is hereby amended by striking from section 2 the figure, $7,500.00 and inserting in lieu thereof the figure, $10,500.00 so that when so amended section 2 shall read as follows: Section 2. The Sheriff shall receive an annual salary of $10,500.00, and an annual expense allowance of $1,200.00, payable in equal monthly installments from the funds of Gilmer County. Salary. Section 2. Said Act is further amended by striking section

Page 4041

5 in its entirety and substituting in lieu thereof a new section 5 to read as follows: Section 5. The Sheriff of Gilmer County shall have the authority to appoint two deputies and to fix the compensation of each such deputy in an amount not less than $600.00 or more than $700.00 per month. In addition thereto, the Sheriff shall have the authority to appoint two other deputies and to fix the compensation of each such deputy at not less than $500.00 or more than $600.00 per month. The compensation of all such deputies shall be payable from the funds of Gilmer County. The governing authority of Gilmer County shall furnish uniforms for the Sheriff and deputies, but the deputies shall be responsible for furnishing their own handguns. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed as deputies and to prescribe their duties and assignments and to remove or replace any such deputy at will and within his sole discretion. Deputies. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Gilmer County on a salary system in lieu of a fee system, approved February 28, 1966 (Ga. L. 1966, p. 2480), as amended; and for other purposes. This 23rd day of January, 1975. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs who, on oath, deposes and says that he is Representative from the 4th District, and that the attached copy of Notice of Intention

Page 4042

to Introduce Local Legislation was published in the Times-Courier which is the official organ of Gilmer County, on the following dates: January 23, 30, and February 6, 1975. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 25th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. GILMER COUNTYSALARY OF COMMISSIONER CHANGED, ETC. No. 380 (House Bill No. 992). An Act to amend an Act creating a county commissioner of roads and revenues and an advisory board of Gilmer County, approved February 23, 1943 (Ga. L. 1943, p. 1021), as amended by an Act approved February 20, 1951 (Ga. L. 1951, p. 2675), an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3070), an Act approved February 14, 1958 (Ga. L. 1958, p. 2068), an Act approved February 15, 1961 (Ga. L. 1961, p. 2095), an Act approved February 14, 1963 (Ga. L. 1963, p. 2201), and by an Act approved February 28, 1966 (Ga. L. 1966, p. 254), so as to change the provisions relative to the compensation and expense allowance of the commissioner of Gilmer County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 4043

Section 1. An Act creating a county commissioner of roads and revenues and an advisory board of Gilmer County, approved February 23, 1943 (Ga. L. 1943, p. 1021), as amended by an Act approved February 20, 1951 (Ga. L. 1951, p. 2675), an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3070), an Act approved February 14, 1958 (Ga. L. 1958, p. 2068), an Act approved February 15, 1961 (Ga. L. 1961, p. 2095), an Act approved February 14, 1963 (Ga. L. 1963, p. 2201), and by an Act approved February 28, 1966 (Ga. L. 1966, p. 254), is hereby amended by striking from section 3 the words and figures, seventy-five hundred ($7,500.00), and inserting in lieu thereof the figure, $11,500.00, so that when so amended section 3 shall read as follows: Section 3. Be it further enacted by the authority aforesaid that the compensation of said county commissioner shall be $11,500.00 per annum, payable monthly at the end of each month. Salary. Section 2. Said Act is further amended by striking from section 3A the following: twelve hundred ($1,200.00) dollars, and inserting in lieu thereof the following: $1,800.00, so that when so amended section 3A shall read as follows: Section 3A. The county commissioner shall be entitled to receive, in addition to any other compensation, an expense allowance of $1,800.00 per annum, payable in equal monthly installments from the funds of Gilmer County. The expense allowance provided for herein shall not be used in any manner to defray travel or other expenses of the county commissioner outside the State of Georgia. Expenses. 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 1975 session of the General Assembly of Georgia,

Page 4044

a bill to amend an Act creating a County Commissioner and Advisory Board of Gilmer County, approved February 23, 1943 (Ga. L. 1943, p. 1021), as amended, and for other purposes. This 23rd day of January, 1975. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Twiggs 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 Times-Courier which is the official organ of Gilmer County, on the following dates: January 23, 30, and February 6, 1975. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 25th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF FUNSTONNEW CHARTER. No. 381 (House Bill No. 1003). An Act to provide a new Charter for the City of Funston, Georgia, in the County of Colquitt; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch

Page 4045

of the city government; to provide for the judicial branch of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for general provisions; to provide for other matters relative thereto; to provide for specific repeal; 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: ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of Funston, repealing and replacing the charter provided by an Act of the General Assembly approved August 14, 1906 (Ga. L. 1906, p. 761), as amended. The City of Funston, Georgia, in the County of Colquitt and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Funston, 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. Corporate Boundaries. (a) The boundaries of the City of Funston 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 Funston, 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 Funston, 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

Page 4046

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. (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 1.12. Specific Powers. The corporate powers of the government of the City of Funston, to be exercised by the governing authority, may include the following: (1) to levy and to provide for the collection of license fees 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; 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 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

Page 4047

and duties of the city and the general welfare of its citizens of 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 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, penalties and withdrawal of service for refusal to pay same; and to fix the manner in which such remedies shall be enforced; (9) to grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations of the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or 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, public buildings, recreational facilities, cemeteries, markets and market houses, libraries, sewers, drains,

Page 4048

sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the 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 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 housing, building, plumbing, electrical, gas and heating and air-conditioning codes; to regulate 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, 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, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise; (18) to license, tax, regulate or prohibit professional fortune telling or palmistry;

Page 4049

(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; to regulate the collection and disposal of garbage, rubbish and refuse; 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 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 in the city and benefiting from such services; to enforce the payment of such

Page 4050

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; 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 change 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, conduct, practice 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 municipal court shall work out such sentence in any public works or on the streets, roads, drains and squares in the

Page 4051

city or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the city; to prohibit and playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the City of Funston which, while not constituting offenses against the laws of this State, are deemed by the governing authority of the city 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 fowls; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (35) to regulate the operation of motor vehicles; and to 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 to provide for the collection of special assessments to cover the costs of any public improvements; (39) to enter into contracts and agreements with other governmental entities and with private persons, firms and

Page 4052

corporations providing for services to be furnished and payments to be made therefor; (40) to create, alter or abolish departments, boards, offices, commissions and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) to make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof and for preserving the health, 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; 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

Page 4053

and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalties under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the City of Funston 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, agencies or employees shall be carried into execution as provided by this charter. If this charter makes no provisions, 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.

Page 4054

ARTICLE II GOVERNING BODY Section 2.10. Creation, Composition, Number, Election. The legislative authority of the government of the City of Funston, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualifications of Office. The members of the council shall serve for two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he: (1) has been a resident of the city for a period of six months immediately prior to the date of the election of mayor or councilmen; (2) continues to reside within the city during his period of service; (3) is registered and qualified to vote in municipal elections of the City of Funston; and (4) meets 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) The 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) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude. (c) 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.

Page 4055

Section 2.13. Compensation and Expenses. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2.14. Prohibitions. (a) 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) Neither the mayor nor any councilman 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 this charter, the council shall be vested with all the powers of government of the City of Funston 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 Funston 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

Page 4056

offices, agencies and departments expressly provided for by this charter. Section 2.20. Election of Mayor; Term of Office; Vacancy. The mayor shall be elected by the city council from among its own members and his term of office shall be for two years. In the case of a vacancy in the office of mayor, the remaining members of the council shall elect from their members his successor for the unexpired term. Section 2.21. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (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 sign all other contracts and instruments executed by the city which by law are required to be in writing; (e) see that all laws and ordinances of the city are faithfully executed; (f) appoint and remove all officers, department heads and employes of the city except as otherwise provided in this charter; (g) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (h) 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; (i) recommend to the council such measures relative to

Page 4057

the affairs of the city, improvement of the government and promotion of the welfare of its inhabitants as he may deem expedient; (j) call special meetings of the council as provided for in this charter; (k) examine and audit all accounts of the city before payment; (l) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (m) perform other duties as may be required by law, this charter or ordinance. Section 2.22. Chief Executive Officer. The mayor shall be the chief executive of the City of Funston. 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 2.24. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem. elected by the council for a term of one year, 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 2.30. Organization Meeting. The council shall meet for organization on the second Tuesday in January. 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

Page 4058

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 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. Notice of such special meeting shall be served on all other members personally, or by telephone personally, or shall be left at their residences. 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 meeting and attendance at the meeting shall also constitute 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. 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 the keeping of a journal of its proceedings, which journal shall be a public record. Section 2.33. Quorum, Voting. A majority of the councilmen present 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. Any member of the council shall have the right to request a roll call vote.

Page 4059

A two-thirds majority vote 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 Funston 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. 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. 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 the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least two-thirds of the councilmen present 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.

Page 4060

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 2.37 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 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 city clerk shall authenticate by his signature and record in full in a properly indexed book kept for that 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 Funston, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city and shall be 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

Page 4061

shall be made available for purchase by the public at a reasonable price to be fixed by the council. Following publication of the first Code of the City of Funston 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. Section 2.38. 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 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 12 o'clock noon on the tenth 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 two-thirds of the 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 parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein.

Page 4062

ARTICLE III EXECUTIVE BRANCH Section 3.12. Administrative and Service Departments. (a) The council by ordinance may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment and may transfer or change the functions 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 councilmen. (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 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.

Page 4063

Section 3.13. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities 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, terms 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 city clerk an oath obligating himself to perform faithfully and impartially 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 two-thirds of the 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 city government shall elect one of its members as 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

Page 4064

board, commission or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city or applicable state law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk. 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 to the city manager any of the administrative or budgetary duties of the mayor. Section 3.30. City Attorney. The council may 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 municipal court; shall attend the meetings of the council as directed; shall advise the councilmen, 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 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such 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. 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.

Page 4065

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 (city manager, with the approval of the council) (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. Section 3.50. Position Classification and Pay Plan. The mayor may prepare a position classification and pay plan which shall be submitted to the council for approval. Said plans may apply to all the employees of the City of Funston and to 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 3.51. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, 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 Funston. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation. There is hereby established a court to be known as the Municipal Court of the City of Funston 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

Page 4066

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; to punish also any person who may counsel, advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases 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 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. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (b) The judge pro tem. shall serve in the absence of the judge, shall be appointed by the council, and shall take the same oath as the judge. (c) Before entering on the 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 Funston and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for

Page 4067

contempt, provided that such punishment shall not exceed $100.00 or 30 days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $100.00 or imprisonment for 30 days, or both. As an alternative to fine or imprisonment, the court may 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 30 days. (b) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of state law. (c) The municipal court shall have the 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, personal property 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 shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, forfeited to the City of Funston 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.

Page 4068

(f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Funston 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 Colquitt 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 probate court; provided, however, 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. 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 procedures of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, and shall be available for public inspection. Upon request, a copy shall be furnished to all defendents in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections; Oath of Office. The mayor and councilmen serving on the effective date of this Act

Page 4069

shall serve out the remainder of their respective terms of office. On Tuesday after the first Monday in January, 1976, and bienially thereafter, there shall be an election for three councilmen. On Tuesday after the first Monday in January, 1977, and bienially thereafter, there shall be an election for mayor and two councilmen. 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 Article II, 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 elections in the City of Funston. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Funston as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, as now or hereafter amended. Section 5.21. Special Election; 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, that if such vacancy occurs within one month 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, as now or hereafter amended. Section 5.30. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office;

Page 4070

(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) wilful 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 action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Colquitt County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed with the Superior Court of Colquitt County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.10. 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 Funston. The city shall use the county assessment for the year in which the city taxes are to be levied

Page 4071

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 real and personal property within the corporate limits of the city for the purpose of raising revenue to defray the costs of operating the city government, providing governmental services and for any other public purpose as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Funston is hereby exempted from the provisions of Georgia Code sections 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, in what length of time said taxes may be paid, that they may be paid in installments or in one lump sum, and when, how and upon what terms such taxes shall be due and payable. The council may also 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 police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which 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 shall have full power to levy by ordinance such license and specific or occupation taxes upon the residents of the City of Funston, both individual and corporate, and on all those who transact or offer to transact business

Page 4072

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 manner; 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 6.1. 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 Funston to provide for the cost and expense of furnishing the collection and disposal of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property served by the sewerage facilities of said city. Said lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.16. Sanitary and Health Services Charge . The council shall have the authority by ordinance to provide for, enforce, levy and 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 the City of Funston and 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

Page 4073

taxes. Said lien 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 30 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 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 in the same manner and under the same remedies as a lien for city property taxes as provided for in this Article. 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 regarding sales and transfers of tax fi. fas.; provided, however, 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 accordance 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 6.20. General Obligation Bonds . The council shall have the power to issue bonds to raise revenue for any project, program or venture authorized under this charter or the general laws of this State. Such bonding authority

Page 4074

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 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. Section 6.30. Fiscal Year . The council may 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, institution, agency and activity of the city government unless otherwise provided by state or federal law. Section 6.31. Property Tax Levies . The council may levy by ordinance and annual tax on all real and personal property within the City of Funston. 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 the City of Funston. Section 6.32. Contracting Procedures . All contracts shall be made or authorized by the council and no contracts shall bind the city unless reduced in 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 6.33. Centralized Purchasing . (a) The council

Page 4075

may by ordinance prescribe procedures for a system of centralized purchasing for the City of Funston. (b) The council may sell and convey any real or personal property owned or held by the City of Funston for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) 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 GENERAL PROVISIONS Section 7.10. Streets . The council is hereby vested with the power to layout, open, widen, change, straighten, alter, improve, vacate, abandon and otherwisg to exercise complete control over the streets, alleys, squares and sidewalks of the City of Funston. The council shall provide for the removal of any and all obstacles and nuisances in regard to

Page 4076

the streets, alleys or sidewalks or other public places within the city and shall adopt appropriate ordinances to accomplish this purpose. Section7.11. 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 and to establish rates and charge fees for services rendered in any of said systems; to finance any of said systems through appropriate bond issues in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems both within and without the corporate limits; and to contract to furnish the services of any of said systems to consumers outside the corporate limits of the City of Funston. 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. Official Bonds. The officers and employees, both elected and appointed, of the City of Funston shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 7.14. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Funston not inconsistent with the provisions of this charter shall

Page 4077

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 Funston not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.15. Penalties. The violations of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and punishable by a fine of not more than $100.00 or by imprisonment not to exceed 30 days or both such fine and imprisonment. Section 7.16. Specific Repealer. An Act incorporating the City of Funston in the County of Colquitt, approved August 14, 1906 (Ga. L. 1906, p. 761), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.17. Severability. If any article, section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 7.18. Effective Date , This charter shall become effective on May 1, 1975. Section 7.19. 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 in the 1975 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Funston, Ga.

Page 4078

to provide for all matters relative thereto 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 145th 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 9, 16 and 23, 1975. /s/ Dorsey R. Matthews Representative, 145th District Sworn to and subscribed before me, this 17th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF SMYRNACHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 382 (House Bill No. 1007). 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),

Page 4079

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), an Act approved March 27, 1972 (Ga. L. 1972, p. 2717), an Act approved April 17, 1973 (Ga. L. 1973, p. 3354), an Act approved April 17, 1973 (Ga. L. 1973, p. 3358), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2436), 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 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

Page 4080

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), an Act approved March 27, 1972 (Ga. L. 1972, p. 2717), an Act approved April 17, 1973 (Ga. L. 1973, p. 3354), an Act approved April 17, 1973 (Ga. L. 1973, p. 3358), and an Act approved March 21, 1974 (Ga. L. 1974, p. 2436), is hereby amended by adding a new section to said charter of the City of Smyrna to be known and designated as section 1-1028 which shall read as follows: Section 1-1028: 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 310, 311 and 339 of the 17th District, 2nd Section, Cobb County, Georgia, as per plat of survey for R. L. Ruff, Sr. prepared by J. S. Ross Associates, Inc., dated February 25, 1972, revised March 7, 1972, and being more particularly described as follows: BEGINNING at an iron pin at the corner formed by the intersection of the northwesterly side of Concord Road with the southwesterly side of Hurt Road; thence running southwest along the northwesterly side of Concord Road 1491.2 feet to an iron pin; thence northwest 683.1 feet to a concrete marker at the line dividing Land Lots 311 and 266; running thence north 1 degree 01 minute west along the west line of said Land Lot 311, 363.6 feet to an iron pin at the north line of Land Lot 311; running thence south 89 degrees 58 minutes east along the north line of Land Lot 311, 566 feet to an iron pin; running thence north 12 degrees 44 minutes

Page 4081

east 454.8 feet to an iron pin and the southwesterly side of Hurt Road; running thence in a southeasterly direction along the southwesterly side of Hurt Road 1123.1 feet to the northwesterly side of Concord Road and the point of BEGINNING, said property consisting of 22.059 acres. Said Parcel One being a part of Ward 7 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 592 of the 17th District, 2nd Section, Cobb County, Georgia, and being Lots 8, 9, 10, 11 and 12 of the C. E. Prichard Subdivision, as per plat made by W. W. McCullock, C. E., dated August 28, 1928, and recorded in Plat Book 3, page 76, Cobb County, Georgia, records, and being more particularly described as follows: BEGINNING at a point on the west side of Mathews Street, also known as Matthews Street, 534.0 feet south of the intersection of the south side of Roswell Street and the west side of Mathews Street; running thence south 80 degrees 41 minutes west for a distance of 384.3 feet to an iron pin, point and corner; running thence south 36 degrees 06 minutes east for a distance of 110.0 feet to an iron pin, point and corner; running thence north 80 degrees 41 minutes east for a distance of 318.3 feet to an iron pin, point and corner located on the west side of Mathews Street; running thence north along the west side of Mathews Street for a distance of 100 feet to an iron pin, point and corner and the point of BEGINNING. Said Parcel Two being a part of Ward 3 as provided in Georgia Laws, 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, shown on plat of survey by Metro Engineers, Inc. dated August 29, 1974, a copy of which is recorded in Plat Book 62, page 79, Cobb County records and being more particularly described as follows: BEGINNING at an iron pin on the southeasterly right of

Page 4082

way of Concord Road 160.5 feet northeasterly from the intersection of the southeasterly right of way of Concord Road with the easterly right of way of South Sherwood Road as measured along the southeasterly right of way of Concord Road; thence north 64 degrees 58 minutes east 100 feet along the southeasterly right of way of Concord Road to an iron pin; thence south 20 degrees 26 minutes east 331.5 feet to an iron pin at the northwesterly right of way of Smyrna Hill Drive; thence south 69 degrees 43 minutes 28 seconds west 99.68 feet along the northwesterly right of way of Smyrna Hill Drive to an iron pin; thence north 20 degrees 26 minutes west 323.21 feet to an iron pin at 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 Georgia Laws, 1965, p. 3023, et seq. PARCEL FOUR: All that tract or parcel of land lying and being in Land Lots 846, 847, 880 and 881 of the 17th District, 2nd Section, of Cobb County, Georgia, being Phase II of Emerson Center, and being more particularly described as follows: BEGINNING at the intersection of the south right of way of New Spring Road (100 foot right of way) and the east right of way of Hargrove Road Extension (80 foot right of way); thence following the south right of way of New Spring Road, north 58 degrees 52 minutes 50 seconds east 9.91 feet; thence north 53 degrees 02 minutes 30 seconds east 354.45 feet at which point New Spring Road changes to a 200 foot right of way; thence south 36 degrees 57 minutes 30 seconds east along the expanded right of way of New Spring Road 50.00 feet; thence along the south right of way of New Spring Road (200 foot right of way) north 53 degrees 02 minutes 30 seconds east 600.00 feet; thence south 36 degrees 57 minutes 30 seconds east 150.58 feet; thence south 53 degrees 02 minutes 30 seconds west 197.00 feet; thence south 36 degrees 57 minutes 30 seconds east 33.00 feet; thence south 53 degrees 02 minutes 30 seconds west 403.00 feet; thence south 20 degrees 26 minutes 02 seconds west 52.63 feet; thence south 69 degrees 33 minutes

Page 4083

58 seconds east 243.60 feet; thence south 20 degrees 26 minutes 02 seconds west 208.75 feet to the northeasterly right of way of Curtis Drive (50 foot right of way); thence along the northeasterly right of way of Curtis Drive north 69 degrees 38 minutes 34 seconds west 432.45 feet; thence following the curvature of the right of way of Curtis Drive north 85 degrees 16 minutes 43 seconds west a chorded distance of 78.40 feet, having an arc distance of 79.39 feet; thence north 53 degrees 05 minutes 47 seconds west 38.79 feet to the right of way of Hargrove Road Extension (80 foot right of way); thence along the right of way of said Hargrove Road Extension north 23 degrees 56 minutes 13 seconds west 29.48 feet; thence continuing along the right of way of said Hargrove Road Extension north 25 degrees 07 minutes 57 seconds west 100.96 feet to the intersection of the south right of way of New Spring Road and the east right of way of Hargrove Road Extension and the point of BEGINNING. The above-described property is conveyed subject to an easement for ingress and egress establishing two driveway entrances as described in warranty deed dated August 5, 1971, recorded in Deed Book 1244, page 462, Cobb County records, the legal descriptions of said easements being amended by quitclaim deed dated June 29, 1973, which was duly filed for record in the Office, of the Clerk of the Superior court of Cobb County, Georgia, at 3:45 p.m. on July 20, 1973. Said Parcel Four being a part of Ward 1 as provided in Georgia Laws, 1965, p. 3023, et seq. Section 2. All of the Acts heretofore passed relating to the incorporation of the City of Smyrna, including all amendatory acts to its charter and parts of said Acts, not in conflict with this Act, and all powers belonging to said City, as now incorporated, and all rules, ordinances, and regulations of said town, not in conflict with this Act, shall be and remain of full force and effect. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4084

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1975 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 27th day of December, 1974. Joe L. Thompson Roy E. Barnes Haskew Brantley, Senators George H. Kreeger Ken Nix A. L. Burruss Joe Mack Wilson G. Robert Howard Bill Cooper Chuck Edwards Carl Harrison 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 24, 31, and February 7, 1975. /s/ George H. Kreeger Representative, 21st District

Page 4085

Sworn to and subscribed before me, this 25th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF VALDOSTACHARTER AMENDEDELECTION PROVISIONS CHANGED, ETC. No. 383 (House Bill No. 1011). An Act to amend an Act which provides for the election and terms of members of the Board of Education for the City of Valdosta, approved March 27, 1972 (Ga. L. 1972, p. 3108), so as to change certain provisions relative to the election and terms of said members; 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 which provides for the election and terms of members of the Board of Education for the City of Valdosta, approved March 27, 1972 (Ga. L. 1972, p. 3108), is hereby amended by striking section 2 thereof in its entirety and substituting in lieu thereof a new section 2, to read as follows: Section 2. The members elected to the Board of Education for the City of Valdosta shall be elected for terms of six (6) years commencing at the election to be held for electing the Mayor and Council for the City of Valdosta in the year 1976. At such election three members of the Board of Education shall be elected and designated Post 1, 2 and 3 for terms of six (6) years with the election for Posts 4, 5 and 6 for terms of six (6) years in the year 1978 and with

Page 4086

the election for Post 7, 8 and 9 in the year 1980; except that a special election for those person elected previously to Posts 7, 8 and 9 shall be held in the year 1977, and persons offering for election and elected in 1977 shall be elected for a term of three years. Thereafter, an election for expired posts shall continue thereafter each two years at the election to be held for electing the Mayor and Council of the City of Valdosta. The members of the Board of Education for the City of Valdosta in office on the effective date of this section shall continue in office until the election and qualification of their successors as provided in this section. 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 legislation introduced at the 1975 session of the General Assembly of Georgia for the purpose of designating posts for the Board of Education for the City of Valdosta, and for the purpose of changing the terms of office for the members of the Board of Education and for other purposes. Board of Education of the City of Valdosta, Georgia By: Reuben H. Yancey, Attorney Georgia, Lowndes County. I, Tenney S. Griffin, publisher of the Valdosta Daily Times, a newspaper of general circulation in Lowndes County, Georgia, and in which Sheriff's advertisements appear, do hereby certify that the advertisement, Notice for Local Legislation, was published in the Valdosta Daily Times on

Page 4087

the following dates: January 31, February 7 and February 14, 1975. This the 25th day of February, 1975. /s/ Tenney S. Griffin Sworn to and subscribed before me, this 25th day of February, 1975. /s/ Edith D. Smith Notary Public, Georgia State at Large. My Commission Expires May 1, 1976. (Seal). Approved April 17, 1975. DECATUR COUNTY HOSPITAL AUTHORITYAPPOINTMENT OF MEMBERS PROVIDEDREFERENDUM. No. 384 (House Bill No. 1013). An Act to provide for the appointment of the members of the Hospital Authority of Decatur County; to provide for other matters relative thereto; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any provision of law to the contrary notwithstanding, vacancies occurring after the effective date of this Act in the membership of the Hospital Authority of Decatur County shall be filled as follows: (a) Those members representing the City of Bainbridge shall be appointed by the governing authority of the City of Bainbridge; and (b) Those members representing Decatur County shall be appointed by the governing authority of Decatur County.

Page 4088

Section 2. Not less than 30 nor more than 45 days prior to the next general primary election held in Decatur County after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Election Superintendent of Decatur County to issue the call for an election for the purpose of submitting this Act to the electors of Decatur County for approval or rejection. The superintendent shall set the date of such election for the day of the general primary election held next after the approval of this Act by the Governor, or after it otherwise becomes law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Decatur County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the appointment of the members of the Hospital Authority of Decatur County be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Decatur County. It shall be the duty of the superintendent to hold and conduct such 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 Intent to Introduce Local Legislation. Notice is hereby given of intention of the undersigned to amend by local legislation Georgia Code section 88-1803, Creation of Hospital Authorities, said amendment to provide that the local governing authority, or either of them, shall appoint the members of the Hospital Authority directly

Page 4089

rather than submitting a list of three to the Hospital Authority for its selection from said list, and for other purposes. This 9th day of January, 1975. Walter E. Cox Representative Elect, District 141 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter Cox who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following dates: January 11, 18, 25, 1975. /s/ Walter Cox Representative, 141st District Sworn to and subscribed before me, this 27th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. FRANKLIN COUNTYSHERIFFPRISONER FEEDING PROVISIONS CHANGED. No. 385 (House Bill No. 1016). An Act to amend an Act abolishing the fee system of compensating the Sheriff of Franklin County and providing

Page 4090

in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2169), as amended, so as to change the provisions relating to the feeding of 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 fee system of compensating the Sheriff of Franklin County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. L. 1966, p. 2169), as amended, is hereby amended by striking section 10, which reads as follows: Section 10. The Sheriff of Franklin County is hereby charged with the feeding of prisoners confined under his jurisdiction. In addition to the salary, supplies, equipment and maintenance herein authorized for the sheriff, the governing authority of Franklin County shall pay to the sheriff either weekly or monthly the sum of $2.00 per day or part thereof for each such prisoner who has been furnished food. The funds for the payment of feeding the prisoners as herein provided shall be payable from the funds of Franklin County., in its entirety and inserting in lieu thereof a new section 10 to read as follows: Section 10. The Sheriff of Franklin County is hereby charged with the feeding of prisoners confined under his jurisdiction. In addition to the salary, supplies, equipment and maintenance herein authorized for the sheriff, the governing authority of Franklin County shall pay to the sheriff either weekly or monthly a sum determined by the governing authority of Franklin County as sufficient to pay for the cost of feeding each such prisoner who has been furnished food. The funds for the payment of feeding the prisoners as herein provided shall be payable from the funds of Franklin County. Prisoners. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved

Page 4091

by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Georgia, Franklin County. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to change the manner of compensating for the feeding of Franklin County prisoners. This 18th December, 1974. (Mrs.) A. H. White, Clerk Franklin County Commissioner Office 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 Franklin County Citizen which is the official organ of Franklin County, on the following dates: December 26, 1974 and January 2, 9, 1975. /s/ Billy Milford Representative, 13th District Sworn to and subscribed before me, this 27th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Georgia. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4092

CITY OF HAMPTONNEW CHARTER. No. 386 (House Bill No. 1020). An Act to create a new Charter for the City of Hampton, Georgia, is the county of Henry; to provide for the incorporation of said City; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Hampton, to be exercised by the governing authority; to provide for the powers, duties and authority of the City and its officers, officials and employees and the citizens of the City; to provide for general and specific powers; to provide for construction of this Charter and the powers of the City; to provide for the exercise of powers, functions, rights, privileges and immunities; to provide for ordinances, bylaws, rules and regulations; to provide for a City Council and the members, terms of office, election, duties, powers, authority, meetings, compensation, quorums, qualifications, and vacancies in the office of councilmen; to provide for a mayor and a mayor pro tempore and their terms of office, election or appointment, duties, powers, authority, compensation, qualifications, and vacancies; to provide for prohibitions on holding certain offices or positions of employment, voting, and dealing with the City; to provide for inquiries and investigations; to provide for the general power and authority of the Council; to provide for the organization and procedures of the mayor and Council; to provide for oaths; to provide for rules of procedure; to provide for regular and special meetings; to provide for ordinances and their adoption; to provide for emergency ordinances; to provide for codes of technical regulations; to provide for submission of ordinances to the mayor and his power of veto; to provide for codifications of laws and ordinances; to provide for the executive branch of City government and its organization; to provide for departments and employees of City government; to provide for boards, commissions, and authorities; to provide for a City manager and his appointment, qualifications, compensation,

Page 4093

duties, powers, and authority; to provide for a City attorney and his appointment, qualifications, compensation, duties, powers, and authority; to provide for administrative officers, including a City clerk, tax collector and City accountant, and their appointment, qualifications, compensation, duties, powers, and authority; to provide for personnel administration; to provide for a municipal court and its judges, jurisdiction, practices, procedures, powers, and authority; to provide for appeals and rules; to provide for elections and the practices, procedures, and requirements connected with such elections; to provide for the conduct of elections; to provide for special elections; to provide for the removal of elective officers and the practices and procedures connected therewith; to provide for the financial and fiscal administration of the City; to provide for taxation and the practices and procedures connected therewith; to provide for property taxes, tax levies, tax due dates, tax bills, and the collection of delinquent taxes; to provide for licenses, occupational taxes, excise taxes, sewer service charges, sanitary and health service charges, and special assessments; to provide for the transfer of executions; to provide for borrowing by the City; to provide for general obligation bonds, revenue bonds, and short term notes; to provide for accounting and budgeting procedures; to provide for a fiscal year; to provide for the preparation and submission of budgets; to provide for action by the Council on budgets; to provide for property tax levies; to provide for appropriations; to provide for contracting procedures and purchasing and disposal of City property; to provide for official bonds; to provide for existing ordinances and regulations; to provide for section captions; to provide for penalties; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Hampton, approved March 24, 1939 (Ga. L. 1939, p. 1302), as amended; 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:

Page 4094

ARTICLE I CREATION, INCORPORATION, POWERS Section 1.10. Incorporation. The City of Hampton, Georgia, in the county of Henry, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Hampton, 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 1.11. Corporate boundaries. (a) The boundaries of the City of Hampton 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 Hampton, 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 Hampton, 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. (b) The City Council may provide for the redrawing of any such map. A redrawn map shall supersede for all

Page 4095

purposes the earlier map or maps which it is designated to replace. Section 1.12. Specific powers. The corporate powers of the government of the City of Hampton, 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 of 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; (7) To condemn property, inside or outside the corporate

Page 4096

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 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 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 50 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 and public services; (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,

Page 4097

corrective, detentional, penal and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the City; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts, 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 establish minimum standards for and to regulate the erection, construction and repair of buildings and all other structures, to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes, 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 for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the City; (15) To regulate or prohibit junk dealers; 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; (16) To regulate and control the conduct of peddlers, and itinerate trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (17) To license, tax, regulate, or prohibit professional fortune telling or palmistry; (18) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs,

Page 4098

fences, buildings and any and all other structures or obstructions upon or adjacent to the right-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City; (19) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) 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; (21) 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; (22) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (23) To provide for 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; (24) 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; (25) 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

Page 4099

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; (26) 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; (27) 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; (28) To define a nuisance and provide for its abatement whether on public or private property; (29) To provide for the preservation and protection of property and equipment of the City and administration and use of same by the public; (30) 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; (31) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness, the playing of lotteries and disturbing the peace in the corporate limits of the City 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; (32) To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for

Page 4100

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; (33) 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; (34) 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; (35) To provide and maintain a system of pensions and retirement for officers and employees of the City; (36) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) 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; (38) 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; (39) 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; (40) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of the State of Georgia;

Page 4101

(41) To exercise the power of arrest through duly appointed policemen or in any other manner provided by the general laws of the State of Georgia; (42) 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; (43) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, 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 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

Page 4102

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, 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 CITY COUNCIL Section 2.10. Creation; composition; number; election. The legislative authority of the government of the City of Hampton, except as otherwise specifically provided in this Charter, shall be vested in a City Council to be composed of a mayor and six councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this Charter. Section 2.11. Terms of office. The mayor and members of the Council shall hold their offices for two years and until their respective successors are elected and qualified. The mayor and three councilmen shall be elected in even years and three of said councilmen shall be elected in odd years.

Page 4103

Section 2.12. Qualification of office. No person shall be eligible to any office under this Act who is not eligible as a voter at the election aforesaid. Section 2.13. Mayor pro tempore. At the first meeting of the City Council in each year the Council shall choose from its own number a mayor pro tempore, who, in the absence, sickness or disqualification of the mayor, shall be clothed with all rights, privileges and duties of the mayor. If the mayor elected by the people, and the mayor pro tempore shall be unable from any cause to attend to their duties, the Council shall immediately elect another mayor pro tempore, who shall thereby be clothed with all the powers, rights and duties of the mayor of the City, upon taking the usual oath. Section 2.14. 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) is convicted of a felony 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 2.15. Compensation and expenses. The mayor and councilmen shall receive as compensation for their services an amount which may be determined from time to time by majority vote of the Council; provided, however, that there shall be no change of compensation by either increase or decrease during the term of any councilman,

Page 4104

mayor or mayor pro tempore in office at the time of any such change of compensation. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.16. 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. (c) Dealing with City. No person holding office under this Charter shall at any time during the term of which he was elected or appointed, or while in office, be capable of contracting with the City for the performance of any work or the sale of anything which is to be paid for out of the treasury, nor shall any such person be capable of holding or having any interest in such contracts entered into by himself or another, directly or indirectly. Section 2.17. 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 administer oaths, take testimony, and require the production of evidence. Section 2.18. General powers 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 Hampton 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,

Page 4105

health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Hampton and may enforce such ordinance by imposing penalties for violation thereof. (c) By ordinance the Council may 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. Powers and duties of mayor. (a) The mayor shall be the official spokesman for the City and the chief advocate of policy. He shall preside at meetings of the Council, shall sign ordinances and resolutions on their final passage, and shall sign deeds, bonds, contracts, and other instruments or documents when authorized by the Council to do so. The mayor shall perform such other duties as may be imposed by this Charter or by ordinance of the Council not inconsistent therewith. (b) The mayor and mayor pro tempore, while acting as mayor, shall have the right to vote on all questions before the Council when said vote is a tie. ORGANIZATION AND PROCEDURES Section 2.30. Organizational meeting. The Council shall meet for organization on the first Tuesday in December each year. 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 2.31. Regular and special meetings. (a) The

Page 4106

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 day 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 four 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 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 may 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. The mayor, or mayor pro tempore, and any four 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 mayor or mayor pro tempore shall have the casting vote, and the majority of votes may determine any and all questions and elections before the Council. Section 2.34. Action requiring an ordinance. (a) Except as herein provided, every official action of the Council

Page 4107

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 Hampton 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. 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. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 90 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

Page 4108

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 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. (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 2.37. Submission of ordinances to the mayor; authenticating, recording, codification, printing. (a) (1) Every ordinance adopted by the Council shall be presented promptly by the clerk to the mayor. (2) The mayor, within 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 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. (3) Ordinances vetoed by the mayor shall be presented

Page 4109

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 members, it shall become law. (4) 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. (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 Hampton, 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 amendments to this Charter to be printed or reproduced promptly following its adoption, and the printed or reproduced 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 Hampton 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 addition to codes of technical regulations and other rules and regulations included in the code.

Page 4110

ARTICLE III EXECUTIVE BRANCH ORGANIZATION 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 be appointed as provided by ordinance and shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed 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.

Page 4111

(e) All appointive officers and directors of departments 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 four 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

Page 4112

of the City government shall elect one of its members as 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 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 the City. 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 to 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, 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. 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

Page 4113

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 the 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, 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 City manager may prepare a position classification and pay plan to be submitted to the Council for approval. Said plans may apply to all employees of the City of Hampton, 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 3.51. 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 any position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; and

Page 4114

(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 Hampton. ARTICLE IV MUNICIPAL COURT Section 4.10. Creation. (a) There is hereby established a court to be known as the Municipal Court of the City of Hampton, 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 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. (b) Said court shall be presided over by the mayor of Hampton, unless the Council, in its discretion, appoints a judge to preside over said court. In the absence or disqualification of the judge, a judge pro tempore designated as such by the Council shall preside and shall exercise the same powers and duties as the judge when so acting. Should both the judge and judge pro tempore become disqualified, then any member of the Council or the mayor may be designated to preside with the same powers and duties as the judge when so acting. Section 4.11. Judge. (a) No person shall be qualified or

Page 4115

eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall be appointed by the Council and shall serve at the discretion of the Council. The compensation of the judge shall be fixed by the Council. (b) The judge pro tempore 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 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 Hampton 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 $100.00 or 10 days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days, or 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 180 days. (b) The municipal court shall have authority to establish a schedule of fees to defray the costs 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

Page 4116

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, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be declared forfeited on order of the judge to the City of Hampton, 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 and 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 Hampton granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisance. 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 Henry County from the mayor's court shall lie in the same manner and under the same procedure

Page 4117

as generally prescribed for appeals and appeal bonds from the Probate Court; 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. The Council shall cause an election to be held at the Council chamber or such other place in the City as the Council shall direct and designate, on the last Wednesday in November of each year. The election and prior notice thereof shall in all respect be held in compliance with the general laws of Georgia in effect at the time of such elections relating to municipal elections. If the Council should fail to have an election held as set forth above for any cause whatever, the mayor shall order an election held as soon after the time set forth above, but under any circumstances before the last day of December, as is possible, which election shall comply in all respect with the general laws of Georgia in effect at that time relating to municipal elections. Section 5.11. Qualifying; nomination of candidates; absentee ballots. By ordinance the Council may prescribe rules

Page 4118

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 elections in the City of Hampton. CONDUCT OF ELECTIONS Section 5.20. Applicability of general laws. The mayor shall be elected by a plurality vote, and the person receiving the highest number of votes cast for mayor shall be elected. Councilmen shall be elected by a plurality vote, and the person receiving the highest number of votes cast for each Council position shall be elected. The procedures and requirements for election of all elected officials of the City of Hampton 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 5.21. 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 nine 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, Title 34A of the Code of Georgia of 1933, as now or hereafter 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: (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude;

Page 4119

(c) failure at any time to possess any of the qualifications of office, as provided by this Charter or by law; (d) wilful 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 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 to appeal from the decision of the Council to the Superior Court of Henry County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the Probate Court. (b) By information filed in the Superior Court of Henry 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 1 in each year, shall be subject to the property tax levied by the City of Hampton. The Council by ordinance shall elect to use the county assessment for the year in

Page 4120

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 not exceeding 15 mills 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 Hampton is hereby exempted from the provisions of 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 City clerk and executed by any police officer of the City under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which City property taxes are levied for taxes and interest, 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 for delinquent taxes, fees, assessments, interest, 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

Page 4121

such license and specific or occupational taxes upon the residents of the City of Hampton, 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 to the City; to classify business, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred, and to prescribe penalties for the violation thereof. 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 Hampton 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 served, which lien shall be second in priority only to liens for county and City property taxes and shall be enforceable in the same manner and under the same remedies as a lien for City property taxes. Section 6.16. Sanitary and health services charge. The Council shall have authority by ordinance to provide for, to enforce, and to collect the cost of sanitary and health services necessary in the operation of the City from all individuals, firms and corporations, residing in or doing business in said City benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such 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

Page 4122

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, 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 30 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 nine 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 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 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.

Page 4123

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 projects, programs 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 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. 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 and every office department or institution, agency and activity of the City government, unless otherwise provided by State or Federal law. Section 6.31. Preparation of budgets. The Council shall provide by ordinance the procedures and requirements for 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 6.32. Submission of operating budget to City Council. On or before a date fixed by the Council but not later than 90 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 budget

Page 4124

shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the City, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the City clerk and shall be open to public inspection. Section 6.33. 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 adopted must provide for all expenditure required by law or by other provisions of this Charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The Council shall adopt the final operating budget for the ensuing fiscal year not later than the 1st regular meeting in January of each year. 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. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such items, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable.

Page 4125

Section 6.34. 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 the City of Hampton. 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 the City of Hampton. Section 6.35. 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. Section 6.36. Capital improvements budget. (a) On or before the date fixed by the City Council but not later than 90 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 the improvements proposed for the ensuing fiscal year. The Council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The Council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health, or property of the inhavitants, when passed by two-thirds vote of the membership of the Council. (b) The Council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the 1st regular meeting in January of each year. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the mayor may submit amendments to the capital improvements

Page 4126

budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the Council. Section 6.40. 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, may be drawn by the City attorney or may be submitted to him before authorization by the Council. Section 6.41. Centralized purchasing and disposition of City property. (a) The Council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Hampton. (b) The Council may sell and convey any real or personal property owned or held by the City of Hampton 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. (c) The Council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the City has no readily ascertainable monetary value. (d) 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

Page 4127

and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. Official bonds. The officers and employees of the City of Hampton, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the City Council may from time to time require. Section 7.11. Existing ordinances and regulations. Existing ordinances and resolutions of the City of Hampton 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 Hampton not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended. Section 7.12. 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 7.13. Penalties. The violation of any provisions of this Charter, for which a penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed 120 days, or both such fine and imprisonment. Section 7.14. Specific repealer. An Act incorporating the City of Hampton in the County of Henry, approved March 24, 1939 (Ga. Laws 1939, p. 1302), as amended, is hereby repealed in its entirety. Section 7.15. Severability. If any article, section, subsection,

Page 4128

paragraph, sentence, or part thereof of this Charter shall be held to be invalid or unconstitutional shall not affect or impair other parts of this Charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.16. Effective date. This Act shall become effective July 1, 1975. Section 7.17. 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 1975 Session of the General Assembly of Georgia, a bill to create a new charter for the City of Hampton; to provide for the election, qualifications, terms of office, compensation, powers and duties of the mayor and council; to provide for city officers and other personnel; to provide for other matters relative to the foregoing; and for other purposes. This 20th day of January, 1975. Ray M. Tucker Representative, 73rd 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 73rd 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

Page 4129

Henry County, on the following dates: January 23, 30, and February 6, 1975. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 27th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. HENRY COUNTY SCHOOL SUPERINTENDENTANNUAL REPORT REQUIREMENT REMOVED. No. 387 (House Bill No. 1021). An Act to amend an Act requiring the Board of Education and the School Superintendent of Henry County to publish a monthly financial statement of receipts and disbursements and the annual itemized report of the examination by the State Department of Audits of the Henry County Board of Education, approved March 7, 1955 (Ga. L. 1955, p. 2813), so as to remove the requirement for publishing the annual itemized report of the examination by the State Department of Audits of the Henry 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 requiring the Board of Education and the School Superintendent of Henry County to publish a monthly financial statement of receipts and disbursements and the annual itemized report of the examination by the

Page 4130

State Department of Audits of the Henry County Board of Education, approved March 7, 1955 (Ga. L. 1955, p. 2813), is hereby amended by striking section 1 in its entirety and inserting in lieu thereof a new section 1, to read as follows: Section 1. The Board of Education and the School Superintendent of Henry County on or before the fifteenth day of each month shall publish a monthly financial statement of their receipts and disbursements in the official organ of Henry County. The cost of such publication shall be paid by the fiscal authority from the funds of Henry County and shall not be paid from the funds of the Henry County Board of Education or the Henry County School Superintendent. 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 1975 Session of the General Assembly of Georgia, a bill to amend an Act requiring the Board of Education and the School Superintendent of Henry County to publish a monthly financial statement of receipts and disbursements and the annual itemized report of the examination by the State Department of Audits of the Henry County Board of Education, approved March 7, 1955 (Ga. L. 1955, p. 2813), so as to remove the requirement for publishing the annual itemized report of the examination by the State Department of Audits of the Henry County Board of Education; and for other purposes. This 20th day of January, 1975. Ray M. Tucker Representative, 73rd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray M. Tucker

Page 4131

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 Weekly Advertiser which is the official organ of Henry County, on the following dates: January 23, 30 and February 6, 1975. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 27th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. HENRY COUNTYCHIEF DEPUTY OF SHERIFFSALARY PROVISIONS CHANGED. No. 388 (House Bill No. 1022). An Act to amend an Act placing the sheriff, the clerk of the superior court and the judge of the probate court 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 March 22, 1974 (Ga. L. 1974, p. 3057), so as to provide that the salary of the chief deputy of the sheriff shall be fixed by the governing authority of Henry 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, the clerk of the superior court and the judge of the probate court of Henry County on an annual salary in lieu of the fee system of

Page 4132

compensation, approved March 25, 1958 (Ga. L. 1958, p. 3127), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3057), 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 $14,500 per year to be paid in equal monthly installments out of county funds. The sheriff shall be authorized to employ one chief deputy. The salary of the chief deputy shall be fixed by the governing authority of Henry County and paid in equal monthly installments from 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. 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 1975 Session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff, the clerk of the superior court and the judge of the probate court 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 March 22, 1974 (Ga. L. 1974, p. 3057), so as to provide that the salary of the chief deputy of the sheriff shall be fixed by the governing authority of Henry County; and for other purposes. Ray M. Tucker Representative, 73rd District

Page 4133

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 73rd 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 23, 30 and February 6, 1975. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me this 27th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF STOCKBRIDGECHARTER AMENDEDELECTION DATE CHANGED, ETC.REFERENDUM. No. 389 (House Bill No. 1036). An Act to amend an Act incorporating the City of Stockbridge, approved August 6, 1920 (Ga. L. 1920, p. 1531), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 3282), so as to change the corporate limits; to change the municipal general election date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 4134

Section 1. An Act incorporating the City of Stockbridge, approved August 6, 1920 (Ga. L. 1920, p. 1531), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 3282), is hereby amended by adding at the end of section 2 the following: The corporate limits of the City of Stockbridge shall also include all that tract or parcel of land lying and being in Land Lots 26, 27, 28, 29, 36, 37, 38, 39, 40, 56, 57, 58, 59, 70 and 71 of the 12th District of Henry County, Georgia, and being more particularly described as follows: BEGINNING at the intersection of the now existing city limits of the City of Stockbridge, Georgia, with the East right of way line of Rock Quarry Road, and running thence South and Southwesterly along the East right of way line of Rock Quarry Road 2350 feet, more or less, to a point on the East right of way line of Rock Quarry Road (said point is located at the intersection of the South right of way line of Red Oak Road if the South right of way line of Red Oak Road were extended East across Rock Quarry Road); thence due West and parallel to the South line of Land Lots 27, 28, and 29 of the 12th District of Henry County, Georgia, 6900 feet, more or less, to the Northeast right of way line of Interstate-75; thence Northwesterly along the Northeast right of way line of Interstate-75 a distance of 6775 feet, more or less, to the South line of Land Lot 57; thence West along the South line of Land Lot 57 and Land Lot 56 a distance of 4640 feet, more or less, to the Southwest corner of Land Lot 56; thence North along the West line of Land Lot 56 a distance of 3020 feet, more or less, to the Northwest corner of Land Lot 56; thence East along the North line of Land Lots 56 and 57 a distance of 5980 feet, more or less, to the Northeast corner of Land Lot 57 (said point being the common corner of the Northeast corner of Land Lot 57, the Northwest corner of Land Lot 58, and the Southwest corner of Land Lot 71 of the 12th District of Henry County, Georgia); thence North along the West line of Land Lot 71 a distance of 1815 feet, more or less, to the Northwest right of way line of State Route 138; thence Northeast along the Northwest right of way line of State Route 138 a distance of

Page 4135

1440 feet, more or less, to the intersection of the Northwest right of way line of State Route 138 with the Southwest right of way line of State Route 42; thence East across State Route 138 a distance of 80 feet, more or less, to the Northeast right of way line of State Route 42; thence Southeasterly along the Northeast right of way line of State Route 42 a distance of 500 feet, more or less, to a point; thence due East and parallel to the South lines of Land Lots 71 and 70 a distance of 2600 feet, more or less, to the now existing city limits of the City of Stockbridge, Georgia; thence South along the West line of the now existing city limits of the City of Stockbridge, Georgia, 1500 feet, more or less, to the Southwest corner of the now existing city limits of the City of Stockbridge, Georgia; thence East 700 feet, more or less, to the now existing city limits of the City of Stockbridge, Georgia; thence South and Southeasterly along the now existing city limits of the City of Stockbridge and the original city limits of the City of Stockbridge, Georgia 9710 feet, more or less, to the East right of way line of Rock Quarry Road and the point of beginning. Section 2. Said Act is further amended by striking from subsection (a) of section 3 the following: fourth and November, and substituting in lieu thereof the following, respectively: first and December, so that when so amended, subsection (a) of section 3 shall read as follows: (a) The municipal government of the City of Stockbridge shall be vested in a mayor and five councilmen to be elected by the registered voters of the City as follows: Beginning with the election to be conducted in 1967, three councilmen shall be elected for terms of office of two years each and until their successors are elected and qualified. Beginning with the election to be conducted in

Page 4136

1968, the mayor and two councilmen shall be elected for terms of office of two years each and until their successors are elected and qualified. Thereafter the terms of office of the mayor and councilmen shall be two years each and until their successors are elected and qualified. The election in said City shall be conducted on the first Saturday in December of each year. Section 3. Not less than 30 nor more than 60 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Stockbridge to issue the call for an election for the purpose of submitting the question to the electors of the City of Stockbridge and the electors residing within the area proposed to be added to the City limits of the City of Stockbridge by the provisions of section 1 of this Act whether the corporate limits of said City shall be changed. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Henry County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act changing the corporate limits of the City of Stockbridge be approved? Referendum. All persons desiring to vote for approval of the change in the corporate limits shall vote Yes, and those persons desiring to vote for rejection of the change shall vote No. If more than one-half of the votes cast by the electors residing within the City of Stockbridge on such question are for approval of the change in the corporate limits and if more than one-half of the votes cast by the electors of Henry 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 are for approval, section 1 of this Act shall become of full force and effect, otherwise it shall be void and of no force and effect.

Page 4137

The expense of such election shall be borne by the City of Stockbridge. It shall be the duty of the superintendent to hold and conduct such 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 1975 Session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Stockbridge, approved August 6, 1920 (Ga. L. 1920, p. 1531), as amended, so as to change the date of elections in said city; to change the corporate limits of said city; and for other purposes. This 27th day of January, 1975. Ray M. Tucker Representative, 73rd 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 73rd 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 30, February 6, 13, 1975. /s/ Ray M. Tucker Representative, 73rd District

Page 4138

Sworn to and subscribed before me this 27th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CAMDEN COUNTYSUPERIOR COURT CLERK, ETC.SALARY INCREASED. No. 390 (House Bill No. 1043). An Act to provide for a cost-of-living increase in compensation for the Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Camden County; to provide for the payment of the cost-of-living increase in compensation out of the general funds of Camden 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 Sheriff, the Judge of the Probate Court, the Clerk of the Superior Court and the Tax Commissioner of Camden County shall each receive a cost-of-living increase in compensation of $100.00 per month in addition to their present salaries and expenses. The cost-of-living increase in compensation shall be paid out of the general funds of Camden County. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4139

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1975 session of the General Assembly of Georgia, a bill to provide for a cost of living increase in the compensation of certain county officers of Camden County and for other purposes. This 11th day of February, 1975. Paul W. Foster Representative, 152nd District Bobby A. Wheeler Representative, 152nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian which is the official organ of Camden County, on the following dates: February 13, 20, 27, 1975. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me this 28th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4140

COFFEE COUNTYSUPERIOR COURT CLERKPERSONNEL SALARY CHANGES. No. 391 (House Bill No. 1044). An Act to amend an Act placing certain county officers of Coffee County upon an annual salary, approved February 16, 1965 (Ga. L. 1965, p. 2087), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2508), so as to change the compensation of certain employees 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 county officers of Coffee County upon an annual salary, approved February 26, 1965 (Ga. L. 1965, p. 2087), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2508), is hereby amended by striking from section 2 the following: $5,400.00 and $3,600.00, and substituting in lieu thereof the following, respectively: $8,400.00 and $5,200.00, 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 $12,000.00, payable in equal monthly installments from the funds of Coffee County. He shall be authorized to employ two senior clerks at an annual salary of $8,400.00 and one junior clerk at an annual salary of $5,200.00, said salaries to be paid in equal monthly installments from the funds of Coffee 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 4141

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 1975 Session of the General Assembly of Georgia, a bill to provide for a change in the compensation of the Deputy Clerk of the Clerk of the Superior Court of Coffee County, Georgia. This 11th day of February, 1975. Paul W. Foster Representative, 152nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Coffee County Progress which is the official organ of Coffee County, on the following dates: February 12, 19, 26, 1975. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me this 28th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4142

CITY OF TOCCOACHARTER AMENDEDCITY COMMISSIONERSTERMS CHANGED, ETC.REFERENDUM. No. 392 (House Bill No. 1047). An Act to amend an Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, and particularly as amended by an Act approved August 24, 1931 (Ga. L. 1931, p. 994), as amended, so as to increase the number of city commissioners and to provide for their terms of office and to provide for a referendum thereon; to provide for an oath of office; to provide for the election of a mayor from the membership of the commission; to provide that the commission shall be a legislative body; to provide for a clerk of the commission; to provide for the recall of commissioners; to provide for a city manager and his qualifications and duties; to provide for meetings of the commission; to provide for audits; to provide for a city code; to provide for city ordinance remaining in force; to provide for a recorder's court; to provide for the sale of city property; to provide for ad valorem taxation; to provide for city departments; to provide for a personnel board; to provide for salaries, bonds of officials and employees and tax executions; to provide for a city marshal; to provide for a director of finance and for his duties; to provide for the adoption of ordinances; to provide for certain utilities; to provide for certain governmental immunity; to provide for certain agreements and contracts; to provide for ordinances or resolutions imposing penalties and regulating certain businesses and activities; to provide for corporate limits remaining as provided by law and for certain rights and powers; to provide for registration and licensing of trades, businesses, occupations, vocations, professions and certain other undertakings; to provide for other matters relative to the foregoing; to provide for effective dates and for the intention of the General Assembly; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 4143

An Act incorporating the City of Toccoa, approved December 20, 1897 (Ga. L. 1897, p. 341), as amended, and particularly as amended by an Act approved August 24, 1931 (Ga. L. 1931, p. 994), as amended, be and the same is hereby further amended as follows: Section 1. The City of Toccoa, Georgia, shall continue to be governed by the city commission created and established by an Act approved August 24, 1931 (Ga. L. 1931, p. 994), as amended, except as otherwise provided in this Act. Section 2. Each commissioner shall have been a citizen of the City of Toccoa for at least one year next preceding his election and qualification. In all city elections, no candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall receive a majority of the votes cast to fill such nomination or public office. All city elections shall be held and conducted in accordance with the provisions of Code Title 34A, known as the Georgia Municipal Election Code, as now or hereafter amended. The commission shall have all powers and authority heretofore vested in the commission of the City of Toccoa, except as otherwise provided by this Act, and such additional powers as are hereinafter provided by this Act. Section 3. (a) The commission shall consist of five citizens of the City of Toccoa elected from the City of Toccoa at large. The commissioner whose term of office shall end at the end of 1975 shall be deemed to be serving in Post No. 1. The commissioner whose term of office shall end at the end of 1976 shall be deemed to be serving in Post No. 2. The commissioner whose term of office shall end at the end of 1977 shall be deemed to be serving in Post No. 3. At the regular city election of 1975, there shall be an election to fill the office of commissioner Post No. 1 and elections to fill the offices of new commissioner Post Nos. 4 and 5, so that commencing January 1, 1976, and thereafter there shall be five posts on the city commission. The commissioner elected from Post No. 1 shall be elected for a term of three years. The initial term of office of the commissioner serving in Post No. 4 shall be three (3) years,

Page 4144

and the initial term of office of the commissioner serving in Post No. 5 shall be two (2) years. At the regular city election of 1976, there shall be an election to fill the office of commissioner Post No. 2. At the regular city election of 1976, there shall be an election to fill the office of commissioner Post No. 3. The commissioners elected from Posts 2 and 3 at said elections shall be elected for terms of three years. Commission. (b) Thereafter, an election shall be held on the first Thursday in December of each year to elect the successor to the commissioner or commissioners whose term shall expire on the following January first. The term of each commissioner elected in such subsequent elections shall be three years. All commissioners shall serve until their successors are elected and qualified as provided in this section. At the same time an election shall be held for such other officers as may be elected by the voters at large. Section 4. Before entering upon the discharge of their duties, each commissioner of the City of Toccoa shall take and subscribe, before some judge or justice of the peace, the following oath, which shall be entered on the minutes of the commission: I do solemnly swear that I will faithfully demean myself as a commissioner of the City of Toccoa during my continuance in office; that I will discharge the duties of the office to the best of my ability; that in the enactment of legislation I will have due regard for the charter of the City of Toccoa, the Constitution and laws of the State of Georgia, and of the United States of America; and I do further swear that I have not, either in the general election or party primary, in which I was a candidate, directly or indirectly expressed or implied any promise of support to any person for any office in the government of the City of Toccoa, nor have I influenced my election by the unlawful use of money or other things of value, or by the use of intoxicants. I do further swear that I will not knowingly permit my vote in the election or appointment of any person to a position in the city government or on the passage or adoption of any ordinance before the commission to be influenced by fear, favor, affection, reward or the hope thereof, but in all things pertaining

Page 4145

to my said office I will be governed by my convictions as to the public good. So help me God. Oath. Section 5. At the first meeting held during each calendar year, the commission shall elect one of the commissioners as mayor of the City of Toccoa. The commissioner so elected shall continue to hold the title of mayor for one year thereafter, and successors shall be elected by the commission for each year. The mayor shall have no more authority than any of the other commissioners, except that he shall act as chairman at all meetings of the commission, shall, upon approval by the commission, sign the minutes of such meetings, shall act as mayor of said city on all ceremonial occasions, and shall have such other authority and duties as hereinafter provided. He shall be ex officio a member of all boards of which the mayor of said city is now ex officio a member. Mayor. Section 6. The city commission 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, vice-mayor, who shall be annually elected by the commission from its membership, and commissioners shall be compensated for their services as provided by the city commission consistent with general law. Legislative body. Section 7. The commissioners shall elect a clerk of the commission, who shall hold office at the pleasure of the commission. Said clerk shall receive such salary as the commission shall fix, shall have charge and custody of the city records, shall attend all meetings of the commission, shall keep accurate minutes of all their proceedings, and said clerk shall keep in the office provided therefor all oaths taken by him and all bonds of officers and employees, shall keep a record of all elections and appointments to office, and shall perform such other duties as may be provided by this Act, or as may be imposed by the commissioners, not inconsistent herewith. Clerk.

Page 4146

Section 8. Any or all of said commissioners may be removed from office at any time by recall by the following procedure: If as many as one-fourth of the qualified voters of the City of Toccoa, as shown by the voters' list of the last city election, shall present a written petition to the clerk, naming the commissioner or commissioners sought to be recalled and the reason for same, the clerk shall at once publish a notice in the official newspaper, stating that such a petition has been filed and that an election will be held on a named date in accordance with said petition. Such notice shall be published once a week for four weeks, and said election shall be held as soon as the same can be legally done, but not less than thirty days nor more than sixty days after the filing of said petition for recall with the clerk. The existing laws of said city relative to the opening and closing of registration books, preparation of registration lists, selecting of managers, etc., shall apply in said election, except no person affected by said petition for recall shall take any part in naming any registrar, manager, or clerk for said election, the clerk of the commission naming said managers and clerks the event all of said commissioners are sought to be recalled. The tickets for said election shall have printed thereon: Shall Commissioner..... (naming the commissioner) be recalled? To the left thereof there shall be placed the words yes and no, together with appropriate squares to the left of each for the convenient insertion of a cross or check mark. The result shall be reported by the managers as in other elections; and if a majority of those voting in such election vote in favor of the recall, such office shall become vacant from the time the results are announced to the commission. The vacant office shall be filled at an election held as soon as the same can be legally done, and the successor shall serve the unexpired term of the party recalled. No person removed by recall, or who resigns after a petition for recall has been filed against him, shall be eligible for election to said commission or appointment to any city office until after the expiration of the term for which he was originally elected. In the event, however, that all commissioners shall be recalled at the same election, they shall nevertheless continue to hold office until their successors shall be elected and shall qualify. In the

Page 4147

event that for any cause there shall be a vacancy in the office of one or more commissioners, the commissioner or commissioners remaining in office shall perform all the duties and shall possess all the power and authority of the commission until the vacancy or vacancies shall be filled. In the event, for any cause, there shall be a vacancy in the office of all of said commissioners, the Governor of the State shall appoint all commissioners, who shall hold the offices until said vacancies shall be filled by an election as herein provided for. In case of death, resignation, removal from office or vacation from office by removal from said city (and removal shall operate to create a vacancy just as if there should be a formal resignation) of any commissioner, the clerk of the commission shall proceed to call an election to fill such vacancy, and such election shall be called and held as in the case of an election held to fill a vacancy caused by a recall election as in this Act provided. Recall. Section 9. The commission shall select and appoint a manager for said city within thirty days after their election and qualification, and fix his salary to be paid in monthly installments, which salary shall be fixed at the time of his qualification, but which may be changed at any time by the commission. Such manager shall be a citizen of the United States not less than twenty-five years of age and shall have a bachelor's degree or equivalent experience in public administration. The city commission shall select and appoint such manager and shall perform such other duties as may be provided in this Act or as may be imposed by the commission not inconsistent herewith. Said manager shall be subject to removal from office at any time by a vote of the majority of the commission. Manager. Section 10. (a) The manager must devote all his working time and attention to the affairs of the city. He shall not be interested directly or indirectly in any business enterprise in said city, or in any person or persons contracting with or making sales to said municipal corporation. He shall have the appointment, subject to confirmation by the commission, of all heads of departments of said city, except the clerk and the recorder. The manager shall

Page 4148

have the right, without the consent of the commission, to appoint employees below the grade of heads of departments. The manager shall be responsible for the efficiency of each department of the city government (except in the cases of the clerk and recorder), and shall from day to day inspect the workings of each department. He shall have an office at the city hall, and shall keep his office open at reasonable times to be fixed by the city commission, during which all residents of the city shall be free to appear and make complaints against the operation of any department of the city government. Employees. (b) Purchases up to and including one thousand dollars may be made by the city manager and the director of finance. All purchases in excess of one thousand dollars shall only be made upon prior approval by the commission and the commission may require that any such purchases be made upon a bid basis. All purchases shall be made upon written requisition of the head of the department for which the article shall be used and shall be approved by the director of finance prior to any such purchases being made. Purchases. (c) At least thirty (30) days prior to the beginning of each fiscal year, which shall begin on July 1 and end of June 30 from and after July 1, 1975, the manager must submit to the commission for its consideration a budget of proposed expenditures for that fiscal year, showing in as much detail as practicable the amounts allotted to each department of the city government, and the reason for such estimated expenditures. No part of any amount allotted to any department shall be expended on account of any other department, except upon the consent of the commission. The manager must make a full written report to the commission on the first of each month, showing the operation and the expenditures of each department of the city government for the preceding month. The manager shall have the right to attend all meetings of the commission and to discuss with the commissioners all matters coming before the commission, but shall have no vote thereon. Section 11. The commission shall meet at least twice each month in the city hall, unless providentially prevented,

Page 4149

at such hour as shall be fixed by it. The hour must be fixed, and shall not be changed except after ample notice stating the hour to which changed. The commission may meet more often as may be adjudged necessary for the public good. All such meetings shall be public, and open to all the residents of the city except as otherwise provided by law. Meetings. Section 12. The books and records of said city shall be audited at least once every twelve months by a certified or registered accountant employed for this purpose by the commission, and such auditors or accountants shall make written report of the results of such audits. The fees and expenses of such auditors and accountants shall be paid out of the city funds. A synopsis of such audit showing income and expenses shall be published in the newspaper in which sheriff's advertisements are published within two weeks after the approval of such audit by the city commission. Audits. Section 13. The commission shall keep the existing city code current by update supplements at least biannually. A copy of such code, duly certified as being a true copy by the clerk of the commission, shall be received in evidence in all courts of this State as if the code itself had been properly introduced in evidence. Code. Section 14. Ordinances now of force in said city shall not be affected by this Act, except when any such ordinance shall be in conflict with any of the provisions hereof. Section 15. The recorder's court shall be presided over by a judge, who shall be designated as recorder, and who shall have all the power and authority in said court and in the conduct thereof, and in trying and punishing offenders against the laws or ordinances of said city, as now given the other presiding officers in said recorder's court. The recorder shall be a licensed attorney authorized to practice law in the State of Georgia. He shall be elected by the commission for a term of two years, but shall be subject to removal at any time by a vote of the majority of the commission. Before removal, however, written charges must be preferred against him, setting out in detail the nature of the charges against him, which charges must be

Page 4150

signed by one or more of the commissioners. The recorder must be furnished with a copy of such charges, and of the time when same will be heard, which must not be less than five days after a copy of such charges shall have been furnished him. Such hearing shall be public, and the recorder shall have the right to be present thereat and to call the witnesses in his own defense; but the action of the commission in removing or refusing to remove the recorder after such hearing or after he is given the opportunity to be heard shall be final, and there shall be no appeal from the action of the commission. In case of the disqualification, illness, absence from the city or vacancy in office of the recorder, a Judge of a State Court of the State of Georgia or a licensed attorney, other than the city attorney who shall be disqualified, selected by the commission may act as recorder and shall have all the power and authority of the recorder while acting as such. The clerk of the commission shall be ex officio clerk of recorder's court, and shall perform all the duties and have all the authority therein now possessed by the clerk of said city. At least two sessions of the recorder's court shall be held each month, and as often as the recorder or acting recorder may see fit. The present law governing the taking of appeals and certioraries from the recorder's court shall continue of force. The recorder shall receive such salary as the commission shall fix. Record-keeping for the recorder's court shall be the responsibility of the city clerk. Recorder's court. Section 16. No real estate, title to which is or shall hereafter be in said city, shall be sold by the commission, except at public sale after ten days' advertisement, or unless bids have been invited for said property by ten days' advertisement, and even then such property shall not be sold or any bid accepted unless the amount offered for such property shall be at least equal to the last city assessed value of said property; provided, however, that if the commission shall, with the written concurrence of the city manager, unanimously agree to accept a lesser amount than such assessed value, the same may be done. City property. Section 17. All persons owning property within the city limits of the City of Toccoa shall be subject to pay an ad

Page 4151

valorem tax to said city thereon, and the lien for said tax shall attach as of January first of each year. The present laws and procedure for the collection of taxes, the issuance of executions, and other provisions pertaining to taxes shall remain of full force and effect. Taxes. Section 18. (a) The following shall constitute the variout departments of the city government of said city and the titles of the head thereof: Departments. Police Department (including regulation and management of the city prison), the head of which shall be designated as chief. Department of Finance, the head of which shall be designated director of finance. Fire Department, the head of which shall be designated as chief. Department of Law, the head of which shall be designated as city attorney. Public Works (including inspection of buildings, care of streets, drains, bridges, public buildings, and personal property belonging to the city, cemeteries, etc.), the head of which shall be designated as director of public works. Water and Sewer, the head of which shall be designated as director of utilities. Gas, the head of which shall be designated as gas superintendent. Public Records, the head of which shall be the clerk of the commission. (b) The commission may from time to time on the recommendation of the city manager create other departments and may define the duties pertaining to each department. The commission may also reorganize any department or departments of the city and may alter the structure

Page 4152

of departments or transfer functions from one department or subdivision thereof to another. Section 19. (a) There is hereby established the City of Toccoa Personnel Board which shall consist of three members who shall be appointed by the commission. One of the three members so appointed, to be designated by the commission at the time of appointment, shall hold office for a term of one year. One of the members shall be so appointed to hold office for a term of two years, and one shall be appointed for a term of three years. Thereafter, all appointments shall be for a term of three years, and the members shall serve until their successors have been appointed and qualified. Personnel board. (b) The commission shall fix the amount of compensation, if any, of members of the Personnel Board. (c) The members shall annually elect one of their number as chairman. Two members shall constitute a quorum. Vacancies shall be filled by the commission for the unexpired term. No member shall hold any other compensated position with the city or other governmental agency, except as a notary public or a member of the United States armed forces or the militia. (d) Members of the Personnel Board may be removed for cause by the commission. (e) The Board shall hold its meetings in the city hall. (f) It shall be the duty of the Board to hear and determine the appeals and complaints of city employees, and such other matters as may be referred to the Board by the city manager. Any employee who is suspended or discharged from service with the city may submit a written appeal to the Board within ten days following such suspension or discharge. (g) The commission shall by ordinance establish procedures for the implementation of this section.

Page 4153

(h) The provisions of this section shall not apply to the city manager, recorder, clerk of the city commission, city attorney and the director of finance. Section 20. All salaries not otherwise provided for in this Act shall, except in the case of salary of the city manager, be fixed on the recommendation of the city manager by the commission; such salaries shall be fixed yearly. Salary. Section 21. The commission may from time to time require all of the officials and employees of the city to give bond for the faithful performance of their duties, and may require them to take proper oaths of office. Bond. Section 22. The clerk of the commission shall issue all executions for taxes and for other amounts owing to the city, and he shall keep a record thereof, and shall keep all other records and perform such other duties as may be required of him by the commission. Executions. Section 23. The chief of police shall be ex officio marshal of the said city, and shall perform all duties imposed on the marshal by law, and such other duties as may be required by the commission. Marshal. Section 24. (a) The city manager shall nominate and the city commission shall confirm the appointment of a director of finance. Such director of finance shall have at least a bachelor's degree in business administration with a major in accounting or the equivalent experience in municipal finance. The director of finance shall serve under the supervision and direction of the city manager and shall hold office at the pleasure of the commission. He shall receive such salary as the commission shall fix. He shall see that the accounts of the city and its departments and other agencies are kept in accordance with generally accepted principles of governmental accounting. He shall see that all funds of the city and its agencies are properly received and deposited and properly disbursed in accordance with its budget and the provisions of this charter and general law. He shall see that available funds of the city and its agencies are profitably invested as directed by the city

Page 4154

commission. He shall keep the commission, the city manager, the city clerk and the other officers of the city advised of the financial condition of the city and its agencies. The city commission shall require that the director of finance be bonded for the faithful performance of his duties in an amount to be determined by the city commission, the cost of which bond shall be paid out of city funds. He shall perform such other duties as may be provided by this Act, or as may be imposed by the commission or the city manager, not inconsistent herewith. Director of finance. (b) The following specific duties are also transferred to the director of finance: (1) Charge of all purchases of every kind and description for the city, which shall be upon his written order. Any sales made to the city except upon such written order may be declared invalid by the commission. (2) The making of all payments of city funds, by drawing a written request in duplicate, one of such request to be kept by the director of finance for his records and the other furnished to the clerk, who shall issue to the person designated a voucher-check for the amount stipulated, such check to be signed by the clerk and the director of finance. In the absence or disability of the clerk, the mayor shall sign such checks, and in the absence or disability of the director of finance, the city manager shall sign such checks. Section 25. The commission may, by resolution or ordinance adopted at any meeting thereof, and to take effect at once if so provided in the resolution, exercise all power and authority in declaring a quarantine and in enforcing the same. Quarantine. Section 26. (a) The City of Toccoa, acting by and through its city commission, shall have the right, power and authority to construct, repair, maintain, install, distribute, sell and furnish water, water facilities, sewage service, sewer facilities, natural gas lines and mains and natural gas facilities to customers, persons, firms and corporations located without the corporate limits of the City

Page 4155

of Toccoa. The City of Toccoa is hereby expressly authorized to exercise the power of eminent domain for the purpose of acquiring all rights, easements, and property necessary to furnish such facilities and services. Utilities. (b) The commission is authorized to assess the cost of laying water mains, pipes and appliances of its system of waterworks on each side of the road in which such mains, pipes and appliances are located outside the corporate limits of the city. Section 27. Governmental immunity granted to agents, employees and officers of the City of Toccoa shall extend to acts of such agents, employees and officers that occur outside the corporate limits of the City of Toccoa if such acts are authorized under the laws of the State of Georgia. Governmental immunity. Section 28. (a) The City of Toccoa may enter into agreements with the governing authority of Stephens County or with the owners of property outside the city whereby the city Fire Department will provide fire protection for property beyond the corporate limits of the City of Toccoa. Fire protection. (b) In addition, in any case in which property within the city may be endangered by fire occurring outside the city, the City of Toccoa Fire Department shall be authorized to assist in extinguishing such fire. (c) Any call from beyond the corporate limits of the city shall be answered by assistance from the Fire Department only upon the determination of the Chief of the Fire Department or the senior officer thereof present that the absence from the city of fire personnel and equipment will not constitute a hazard to the property within the city. (d) The commission shall by ordinance establish procedures for the implementation of this section. Section 29. (a) The City of Toccoa may enter into contracts or agreements with Stephens County in order to execute any joint exercise, or the contractual exercise by

Page 4156

the city for the county or by the county for the city, of any administrative or governmental power, function, right, privilege, or immunity of local government, except where prohibited by law. Contracts. (b) The City of Toccoa shall likewise have the authority to enter into contracts and agreements with the State of Georgia and the United States Government or any agency or department of said governments or any public agency, public corporation or authority now or hereafter created for future services or for the performance of any administrative or governmental power, function, right, privilege, or immunity of local government, except where prohibited by law. Section 30. The commissioners shall have authority to pass ordinances or resolutions, and impose penalties for the failure to comply with same, for the preservation of peace and good order, the prevention of vice and immorality; and shall have authority to disperse disorderly assemblages; to prevent and suppress all gaming and gaming houses, and places of ill fame or houses kept for immoral purpose, to license, tax, regulate, and restrain or prohibit all billiard rooms, pool rooms, tenpin alleys or other such alleys, inns, taverns, hotels, restaurants, lunch stands, or other places for public entertainment; to license, tax, regulate, and prohibit itinerant physicians and venders of medicines or other articles; to direct the location and regulate the operation and maintenance and management of public bath houses or bathing pools or public playgrounds or other places of amusement, and require the same to be closed if deemed expedient; to preserve the health of the citizens of the said City of Toccoa by the adoption of such sanitary rules and regulations as may be proper and expedient; and to pass such regulations as are proper for the general welfare of the said city. Ordinances. Section 31. The corporate limits of the City of Toccoa shall remain as provided by existing laws, and the authority heretofore granted to the City of Toccoa not herein repealed shall continue of force, and the inhabitants of the City of Toccoa, Georgia, as its limits now are, or may hereafter

Page 4157

after be established, shall continue to be a body politic and corporate to be known and designated as the City of Toccoa, and the corporate existence, identity, present territorial limits, the jurisdiction of the City of Toccoa both within the corporate limits and beyond same, with the corporate rights, powers, and privileges conferred, and all duties, obligations, and liabilities imposed by law shall be preserved unto said city except as altered or amended by this Act, and as such body politic said city shall have perpetual succession, have and use a corporate seal, and make and amend rules, regulations, bylaws, resolutions, and ordinances for its government and the exercise of its corporate powers, not in conflict with this Act, the other acts granting authority to said city, the Constitution and laws of Georgia and of the United States of America. Corporate limits. Section 32. (a) The power is hereby granted to the city to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession, and 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, and regardless of whether or not the subject has an office or establishment within the city. Business licenses. (b) The city commission is authorized to fix the amount, terms and manner of issuing and revoking licenses, provided that this authority is subject to the Constitution and laws of the United States and the State of Georgia. (c) This power is conferred for the purpose of regulation under the police power 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 for the privilege of operating within the city. This authority extends over individuals, partnerships, associations and corporations, and their agents. Section 33. After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Toccoa to issue the call for an election for the purpose of submitting

Page 4158

section 3 of this Act to the electors of the City of Toccoa for approval or rejection. The superintendent shall set the date of such election for Thursday, June 12, 1975. The call for said election shall be issued at least 30 days but not more than 60 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the City of Toccoa. The ballot shall have written or printed thereon the words: () YES () NO Shall section 3 of the Act increasing the number of commissioners of the City of Toccoa to five and providing for the election of the city commissioners be approved? Referendum. All persons desiring to vote for approval of section 3 of said Act shall vote Yes, and those persons desiring to vote for rejection of section 3 of said Act shall vote No. If more than one-half of the votes cast on such question are for approval of section 3 of said Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Toccoa. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 34. Except for the provisions of section 3 of this Act, this Act shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming law. If section 3 of this Act is approved at the referendum election provided for in section 33, said section shall be effective for the purpose of the 1975 city elections upon the certification of the results of said election and shall be effective for all purposes on January 1, 1976. If section 3 of this Act is rejected at said referendum election, said section 3 shall be null, void and of no force and effect, and in that event, it is the intention of the General Assembly that the governing body of the City of Toccoa shall continue in existence as heretofore provided by the charter of said

Page 4159

city in the same manner as if said section 3 had never been enacted. Effective date. Section 35. 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 36. All laws and parts of laws in conflict with this Act are hereby repealed. Notice in Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 Session of the General Assembly of Georgia a Bill to amend the Charter of the City of Toccoa, Georgia approved December 20, 1897, as amended by Ga. L. 1931, p. 994, et seq., as amended so as to provide for a referendum on increasing the number of City Commissioners to five and to provide for the terms of office and to generally amend the Charter of the City of Toccoa so as to provide for a compilation of all Charter amendments, and for other purposes. This 28th day of January. City of Toccoa By Lucius B. Alewine Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Irvin who,

Page 4160

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 30, February 6, 13, 1975. /s/ Jack Irvin Representative, 10th District Sworn to and subscribed before me this 3rd day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF WOODSTOCKNEW CHARTER. No. 393 (House Bill No. 1049). An Act to re-create and reincorporate the City of Woodstock; to provide for corporate boundaries; to define corporate powers; to provide for exercise of powers; to provide for a mayor and city council; to provide terms, qualifications, elections and the filling of vacancies; to provide for organization of the executive branch of said city; to establish and provide for a municipal court; to provide for municipal elections; to provide for financial and fiscal matters; to provide for municipal services and regulatory functions; to provide for all other matters relative to the foregoing; to provide for penalties; to repeal an Act incorporating the City of Woodstock in the County of Cherokee, approved March 8, 1939 (Ga. L. 1939,

Page 4161

p. 1384), as amended; to provide for severability; 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. The City of Woodstock, Georgia, in the County of Cherokee, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Woodstock, 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 1.11. Corporate Boundaries. (a) The boundaries of the City of Woodstock 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 Woodstock 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 of Woodstock and to be designated, as the case may be: Map (or Description) of the Corporate Limits of the City of Woodstock, 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 mayor

Page 4162

and council 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 1.12. Powers Defined. (a) The government of the City of Woodstock 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, powers, privileges 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. (d) No enumeration of any right, power, privilege or authority hereinafter made, and no repeal of any law under which the government derives any right, power, privilege

Page 4163

or authority, shall be construed as limiting or abolishing any right, power, privilege or authority hereinabove set forth. Section 1.13. Specific Powers. The corporate powers of the government of the City of Woodstock, 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; 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; 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; (7) To condemn property, inside or outside the corporate

Page 4164

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, penalties and withdrawal of service for refusal or failure to pay same and the manner to which such remedies shall be enforced: (9) To grant franchises or make contracts for public utilities and public services not to exceed periods of 20 years; to prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as 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, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements, inside or

Page 4165

outside the corporate limits of the city; 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 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; 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; 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 or 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

Page 4166

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 or regulate the collection and disposal of garbage, rubbish and refuse and to regulate the collecting and disposal of garbage, rubbish and refuse by others; 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 regulate or 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; to levy on the users of sewers and the

Page 4167

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 change 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 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; (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;

Page 4168

to prohibit the playing of lotteries therein; 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, are 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; 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; (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 levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) 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; (39) 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; (40) To make, ordain and establish such bylaws, ordinances,

Page 4169

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; (41) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (42) To exercise the power of arrest through duly appointed policemen; (43) 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; and (44) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.14. 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

Page 4170

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 ordinances 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 GOVERNING BODY Section 2.10. Legislative Branch; Creation; Composition; Number; Election. The legislative authority of the government of the City of Woodstock, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five 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

Page 4171

members of the council shall serve for terms of three 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 Woodstock 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) Vacancies. The 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 Office. The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully 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. Composition and Expenses. The mayor and councilmen may receive as compensation for their services an amount of not more than $25.00 per month. 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. Inquiries and Investigations. The council may make inquiries and investigations into the affairs of

Page 4172

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 2.15. 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 Woodstock, 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 Woodstock 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. Section 2.16. Election of the Mayor; Vacancy. The mayor shall be elected by city election and his term of office shall be for two years. In the case of a vacancy in the office of mayor, the remaining members of the council shall elect from their members his successor for the unexpired term. Section 2.17. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (b) be the official head of the city for the service of process and for ceremonial purposes;

Page 4173

(c) have power to administer oaths and to take affidavits; and (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. Section 2.18. Limitation on Terms of Service. No mayor elected and qualified for two terms shall be eligible for the succeeding term. Section 2.19. 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 2.30. Organization Meeting. The council shall meet for organization on a date set by the mayor and council, running concurrently for two years. 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 three 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

Page 4174

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 two 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. 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 councilman 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 members of the council shall have the right to request a roll call vote. The affirmative vote of three councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter. In the event of a tie vote on any question, the mayor shall cast a vote to break the tie. Section 2.34. Action Requiring an Ordinance . (a) Except as herein provided, every official action of the council which

Page 4175

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 Woodstock 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. 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

Page 4176

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 2.37 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 such 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 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 that 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 as cited officially as The Code of the City of Woodstock, 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.

Page 4177

(c) The council shall cause each ordinance and each amendment in 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 Woodstock 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 Section 3.10. Organization and General Provisions; 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.

Page 4178

(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 3.13. Boards, 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) 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. (c) 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. (d) Any member of a board, commission or authority may be removed from office for cause by a vote of four members of the council. (e) Members of boards, commissions and authorities may

Page 4179

receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards, commissions and authorities shall be as prescribed by ordinance. (g) 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 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 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 the city. 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 to 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, together with such assistant city attorneys as may be auhorized 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 municipal 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 3.40. City Clerk. The council may appoint a city

Page 4180

clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.41. Tax Collector. The city 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. Consolidation of Functions. The city 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 council may also 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. Section 3.50. 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 Woodstock. ARTICLE IV JUDICIAL BRANCH Section 4.10. Municipal Court; Creation. There is hereby established a court to be known as the Municipal Court of

Page 4181

the City of Woodstock 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 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) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall be appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (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 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.

Page 4182

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 Woodstock 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 $500.00 or 30 days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 30 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 30 days. (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 at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Woodstock, 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.

Page 4183

(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, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Woodstock granted by State law 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 cost on appeal to the Superior Court of Cherokee 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 probate court; 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. 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

Page 4184

court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Election and Terms of Mayor and Council. The governing authority of the City of Woodstock, in Cherokee County, Georgia, shall be vested in a mayor and five councilmen. The mayor of said city shall be elected on the first Tuesday in December for a term of two years, and the person so elected shall take office on the first Thursday in January of the following year. The councilmen of said city shall be elected on the first Tuesday in December as follows: The three candidates receiving the highest number of votes shall take office on the first Thursday in January following the election and serve a term of three years. The two candidates receiving the next highest number of votes shall take office on the first Thursday in January following the election and serve for a term of three years. Thereafter, and upon the expiration of the terms of each of the five councilmen, their successors shall be elected for three-year terms. It is the intent of the above provisions to provide a staggered term for the councilmen. In those years when three councilmen's posts are being filled, those three candidates receiving the highest number of votes cast in the election for councilmen shall be elected, and in those years when two councilmen's posts are being filled, those two candidates receiving the highest number of votes cast in the election for councilmen shall be elected. The hours for holding such election shall be 7:00 a.m. to 7:00 p.m. The mayor and council of the City of Woodstock in office on the effective date of this Act shall continue in office until the expiration of their terms and the election and qualification of their successors, as provided in this Act. Section 5.11. Registration of Voters. It shall be the duty of the clerk of the council of the City of Woodstock to keep at his office a book for the registration of voters of said city which shall be open for registration from January 1 to November 15 of each year. No person shall be allowed to vote

Page 4185

unless he is properly registered. All persons shall be allowed to register and vote who are qualified to vote for members of the General Assembly of Georgia and who have paid all taxes required by law of said State, both State and county taxes, and who have paid all taxes and fines due said City of Woodstock and are 18 years old; provided, further, that once a person has registered to vote in said city, he shall not be required to register from year to year or so long as he remains a citizen of the City of Woodstock. Section 5.12. 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 elections in the City of Woodstock. Section 5.30. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (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) wilful 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

Page 4186

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 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 Supreme Court of Cherokee County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed in the Superior Court of Cherokee County, as provided by law. ARTICLE VI FINANCE AND FISCAL 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 the City of Woodstock. 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 be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city, not to exceed ten mills, 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 Woodstock is hereby exempted from the provisions of Georgia Code sections 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

Page 4187

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 city clerk, tax collector or finance officer and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which 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 the City of Woodstock, 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 busineses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; and to make laws and regulations necessary or proper to carry out the powers herein conferred and to prescribe penalties for the violation thereof. 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

Page 4188

and collect fees, charges and tolls for sewer services rendered both within and without the corporate limits of the City of Woodstock 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 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 authorty 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 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 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 abutting property owners under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 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 superior to all other liens, except that it shall be of equal

Page 4189

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 of 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 6.20. 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 issuance 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 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. Section 6.30. Fiscal Year. The council shall set the fiscal

Page 4190

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 6.31. Preparation of Budgets. The council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvements program and a capital budget, including requirements as to the scope, content and form of such budgets and programs. Section 6.32. Submission of Operating Budget to City Council. On or before a date fixed by the council, but not later than 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 budget shall be accompanied by a message from the mayor contining a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message and all supporting documents, shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.33. 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 adopted, must provide for all expenditure required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The council shall adopt the final operating budget for the ensuing fiscal year. If the council fails to adopt the budget, the amounts appropriated for operation for the

Page 4191

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 counicl adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity, as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable. Section 6.34. 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 the City of Woodstock. 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 the City of Woodstock. Section 6.35. 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. Section 6.36. Capital Improvements Budget. (a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year.

Page 4192

The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants, when passed by two-third vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the current fiscal year not later than the second council meeting of each year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made, shall have been accomplished or abandoned; provided, the mayor or city manager, as appropriate, may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by his recommendations thereon. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council. Section 6.40. 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 6.41. Centralized Purchasing. (a) The council shall, by ordinance, prescribe procedures for a system of centralized purchasing for the City of Woodstock. (b) The council may sell and convey any real or personal property owned or held by the City of Woodstock for governmental or other purposes at a public sale after advertisement once a week for four consecutive weeks in a newspaper of general circulation in the county. Such property shall be sold for such consideration as the city shall deem equitable

Page 4193

and just for the city; provided, that the city shall reserve the right to refuse any or all offers or bids on such property. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor or city manager, as appropriate, 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. (d) 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 or city manager, as appropriate, 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 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 the City of Woodstock. 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.

Page 4194

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 the City of Woodstock. 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 Woodstock 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 Cherokee 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.

Page 4195

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, airports, hospitals and charitable, educational, recreational, sport, curative, corrective, dententional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other applicable Georgia law. 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 Woodstock, regardless 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 7.21. Franchises. The council shall have authority to exercise control over the use of streets of the City of Woodstock. 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 francise right extends to,

Page 4196

but is not limited to, the erection of poles, stringing of wires, laying of pipes, lines and conduits both above and below the ground surface. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of 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 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 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 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 the City of Woodstock, both elective and appointive, shall execute such official bonds in such amounts and upon such

Page 4197

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 Woodstock 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 Woodstock not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. 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 provisions of this charter for which penalty is not specifically provided for herein is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment not to exceed 30 days or both such fine and imprisonment. Section 8.14. Specific Repealer. An Act incorporating the City of Woodstock in the County of Cherokee, approved March 8, 1939 (Ga. L. 1939, p. 1384), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. Section 8.15. Severability. If any article, section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect 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.

Page 4198

Section 8.16. 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 1975 regular session of the General Assembly of Georgia, a bill to recreate and reincorporate the City of Woodstock; and for other purposes. This 10th day of February, 1975. Roger M. Johnson Representative, District 8 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Johnson 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 Cherokee Tribune which is the offical organ of Cherokee County, on the following dates: February 13, 20, 27, 1975. /s/ Roger Johnson Representative, 8th District Sworn to and subscribed before me, this 28th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4199

APPLING COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 394 (House Bill No. 1050). An Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commissioner of Appling County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi. fas.; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of Tax Receiver and Tax Collector of Appling County are hereby consolidated and combined into the one office of the Tax Commissioner of Appling County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Created. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Appling County in 1976. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1980, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present Tax Collector and Tax Receiver of Appling County, and their terms of office shall

Page 4200

continue through December 31, 1976. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Election. Section 3. The tax commissioner shall receive for his services as such an annual salary of twelve thousand dollars ($12,000.00), payable in equal monthly installments from the funds of Appling County. Salary. Section 4. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Appling County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. L. 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. Fees. Section 5. (a) The tax commissioner is authorized to appoint a chief deputy and a deputy to assist him in the performance of his duties. The chief deputy shall be compensated in the amount of five thousand five hundred dollars ($5,500.00) per annum, and the deputy shall be compensated in the amount of four thousand five hundred dollars ($4,500.00) per annum, and both shall be paid in equal monthly installments from the funds of Appling County. Personnel.

Page 4201

(b) 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 personnel shall be paid from county funds. However, the total compensation to be paid by the county for all such personnel shall not exceed six thousand dollars ($6,000.00) during any one calendar year. (c) All expenses incurred by the tax commissioner in operating and discharging the official duties of his office, except as herein provided, including, but not limited to, office equipment, supplies, fixtures and utility expenses, shall be paid by the county from county funds. Section 6. All taxes due and payable Appling County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. heretofore issued shall have full force and effect and shall be collectible as issued. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention To Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 regular session of the General Assembly of Georgia: a bill to combine the offices of tax receiver and tax collector into one office to be called tax commissioner's office, and for other purposes. R. Bayne Stone Representative, 138th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. Bayne Stone who, on oath, deposes and says that he is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published

Page 4202

in the Baxley News-Banner which is the official organ of Appling County, on the following dates: February 6, 13, 20, 1975. R. Bayne Stone Representative, 138th District Sworn to and subscribed before me, this 3rd day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. WORTH COUNTY BOARD OF EDUCATIONSCHOOL SUPERINTENDENT APPOINTMENT PROVIDED, ETC.REFERENDUM. No. 395 (House Bill No. 1052). An Act to provide for the election of members of the Board of Education of Worth County by the people and for the appointment of the County School Superintendent of Worth County by the Board; to provide the procedures connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Board of Education of Worth County shall be composed of one member from each of the five Education Districts provided for hereinafter. All members, however, shall be elected by the voters of the entire county for a term of six years and until their successors are elected and qualified. Any person in order to be eligible for membership on the Board must be registered and eligible to vote in Worth

Page 4203

County for members of the General Assembly of Georgia, must have resided in Worth County for at least one year immediately preceding the date of the election and must reside in the district, hereinafter designated, from which he offers as a candidate for at least six months immediately preceding the date of the election. Members. Section 2. For the purpose of electing members of the Board of Education of Worth County, Worth County is hereby divided into five Education Districts, with one Post identified by the number of the Education District to be filled from candidates residing in that district. Districts. Education District No. 1 shall be composed of the territory contained within General Militia District 867 (Sylvester). Education District No. 2 shall be composed of the territory contained within General Militia Districts 1701 (Shingler), 1590 (Poulan) and 1346 (Sumner). Education District No. 3 shall be composed of the territory contained within General Militia Districts 1806 (Tempy), 1655 (Pine Hill), 1576 (Warrior) and 1592 (Minton). Education District No. 4 shall be composed of the territory contained within General Militia Districts 1594 (Bridgeboro), 1124 (Gordy) and 1428 (Red Rock). Education District No. 5 shall be composed of the territory contained within General Militia Districts 1044 (Doles), 1602 (Aultmans), 512 (Oakfield), 1121 (Warwick) and 1724 (Vickers). Section 3. From and after the effective date of this Act, no member of the Worth County Board of Education shall be appointed by the Grand Jury. The existing Board of Education shall continue in existence until such time as a replacement shall be appointed or elected to fill each Post as hereinafter provided. No term of a present member of the Board shall be cut

Page 4204

short or terminated by this Act, and each member shall be authorized to serve the remainder of his term, which is as follows: District (Post) No. 1, Robert T. Morgan, April 1, 1976; District (Post) No. 2, Ralph Willis (or his successor to be appointed by the Grand Jury in April, 1975), April 1, 1980; District (Post) No. 3, Charles S. Jones, Jr., April 1, 1979; District (Post) No. 4, Charles O. Brown, April 1, 1978; and District (Post) No. 5, Buford Kennedy, April 1, 1977. Section 4. At the November election in 1976 and each six years thereafter, a Board member shall be elected to fill Post No. 1; at the November election in 1978 and each six years thereafter, Board members shall be elected to fill Post No. 4 and Post No. 5; and at the November election in 1980 and each six years thereafter, Board members shall be elected to fill Post No. 2 and Post No. 3. All elected Board members shall take office on the first day of January immediately following their election. Election. Section 5. A vacancy occurring in any Post, between the effective date of this Act and the time specified herein for such Post to be first filled by election of the voters, shall be filled by the Board of Education as constituted at the time such vacancy occurs, and whether such vacancy occurs by expiration of term, resignation or otherwise. Vacancy. Section 6. Should a vacancy occur in any Post on the Board of Education after such Post has been first filled by an election, then the vacancy for the remainder of the unexpired term shall be filled as follows: (a) if less than three years shall remain of such unexpired term, then the vacancy shall be filled by the Board of Education as then constituted for the entire remainder of the unexpired term.

Page 4205

(b) if three years or more shall remain of such unexpired term, then the vacancy shall be filled for the unexpired term by the voters at the next succeeding November election; provided, however, that the Board of Education shall make an interim or temporary appointment of a member to fill the Post until such time as the November election shall ensue, and the member elected to fill the unexpired term shall take office. Section 7. In the event a member removes his residence from the Education District in which he qualified, he shall not vacate his office and shall be qualified to serve the full term to which he was elected; provided he shall continue to reside within Worth County, Georgia. Section 8. From and after the effective date of this Act, the voters of Worth County shall no longer elect the County School Superintendent. The Board of Education specified herein shall appoint and employ the County School Superintendent who shall serve at the pleasure of the Board; provided, however, that no single employment contract shall extend more than four years. The person elected as County School Superintendent in 1972, or his successor, shall serve through December 31, 1976, and the Board shall appoint a County School Superintendent who shall take office January 1, 1977. Appointment. Section 9. The Board of Education of Worth County and the County School Superintendent, as provided for herein, shall be subject to all constitutional and statutory provisions relative to county boards of education and county school superintendents respectively, unless such provisions are in conflict with this Act. Section 10. Each and every member of the Board shall at all times have the right and privilege of voting in meetings, including the presiding officer. At the first meeting of the Board in each calendar year, the members shall elect one of their number to serve as chairman for that year and until the election of a chairman in the subsequent year. A member shall be eligible to succeed himself as a member of the Board and also as chairman of the Board.

Page 4206

Section 11. Not less than 30 nor more than 60 days after the date of the approval of this Act by the Governor, it shall be the duty of the Judge of the Probate Court of Worth County to issue the call for an election for the purpose of submitting this Act to the electors of the Worth County School District for approval or rejection. The Judge of the Probate Court 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 Judge of the Probate Court 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 Worth County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for the election of members of the Board of Education of Worth County and providing for the appointment of the County School Superintendent of Worth County by the Board of Education of Worth County be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect upon certification of the results of the election as provided by law, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Worth County. It shall be the duty of the Judge of the Probate Court to hold and conduct such election. He shall hold such election under the same laws, rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the Judge of the Probate Court 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. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4207

Public Notice. Notice is hereby given that there will be introduced in the 1975 session of the General Assembly of Georgia local legislation providing for election of members of the Worth County Board of Education, for the appointment of the Superintendent of Schools by the Board of Education, and providing for a referendum to submit the issue to the voters of Worth County. Charles O. Brown Chairman, Worth County Board of Education By Clarence A. Miller Attorney at Law P.O. Box 210 Sylvester, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earleen Sizemore who, on oath, deposes and says that she is Representative from the 136th 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: January 30, February 6, 13, 1975. /s/ Earleen Sizemore Representative, 136th District Sworn to and subscribed before me, this 26th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4208

TOWN OF TURINCHARTER AMENDEDTERM OF OFFICERS CHANGED, ETC. No. 396 (House Bill No. 1054). An Act to amend an Act entitled, An Act to Incorporate the Town of Turin, in the County of Coweta, approved December 27, 1890 (Ga. L. 1890-1, Vol. II, p. 629), as amended by an Act approved February 21, 1964 (Ga. L. 1964, p. 2202) and an Act approved February 21, 1964 (Ga. L. 1964, p. 2204), so as to change the terms of office of the Mayor and Aldermen; to delete the exemption of land used exclusively for agricultural purposes from ad valorem taxation; to authorize the creation of a water commission; 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 Turin in the County of Coweta, approved December 27, 1890 (Ga. L. 1890-1, Vol. II, p. 629), as amended by an Act approved February 21, 1964 (Ga. L. 1964, p. 2202) and an Act approved February 21, 1964 (Ga. L. 1964, p. 2204), is hereby amended by striking section II thereof in its entirety and inserting in lieu thereof a new section II to read as follows: Section II. Be it further enacted that the corporate governmental powers of the Town of Turin shall be vested in a Mayor and four Aldermen who shall be elected by the qualified voters of the town and shall exercise their powers in such manner as prescribed by this charter, the Constitution, and applicable general laws of the State of Georgia, or if not therein prescribed, in such manner as prescribed by the duly adopted ordinances of the Town of Turin. (a) The procedures and requirements for election of all elected officials in the Town of Turin as to primaries, general or special elections shall be in conformity with the Georgia Municipal Election Code, Title 34A of the Code of Georgia, 1933, as amended.

Page 4209

(b) Electors in the town elections shall be qualified and registered in conformity with the Georgia Municipal Election Code, Title 34A, of the Code of Georgia, 1933, as amended. (c) Those persons presently elected to office shall contiue to serve until their successors are duly elected and qualified as provided by law. (d) All terms of office shall begin at the first regular meeting following a general election and continue for four (4) years except as herein provided. (e) On the second Monday in January, 1976, a general election shall be held for the election of a Mayor and four (4) Aldermen. The candidate for Mayor, elected at large who shall receive the plurality vote, shall be elected for a term of office of four (4) years and until his successor is duly elected and qualified. Thereafter a general election for Mayor shall be held every four (4) years. The four (4) candidates for Aldermen elected at large receiving the highest number of votes shall be elected to the Board of Aldermen; provided that the two (2) electees receiving the highest number of votes shall be elected to a term of four (4) years and the two (2) electees receiving the fewest number of votes shall be elected for a term of two (2) years and until their successors are duly elected and qualified. On the second Monday in January, 1978, and on the second Monday in January of each even-numbered calendar year thereafter a general election shall be held for the two (2) Aldermen whose terms of office are expiring. The two (2) candidates for Aldermen receiving the highest number of votes shall be elected for terms of four (4) years each and until their successors are duly elected and qualified. Section 2. Said Act is further amended by striking from the end of Section VI, the following language:

Page 4210

provided, however, that nothing in this Act shall be construed to allow said town to levy a tax on lands within its corporate limits which are used exclusively for agricultural purposes. Section 3. Said Act is further amended by adding a new section, to be known as section VII(a), to read as follows: Section VII(a). The Mayor and Aldermen of the Town of Turin are hereby authorized and empowered to create a Water Commission to be composed of three (3) persons to be appointed by them for a term of four (4) years and to transfer to said Commission the exclusive management and control of the town's water plant or plants and water system. All revenue derived from the operation of said system shall be used exclusively for the maintenance, operation and expansion of said system. The creation of said Commission and the transfer to it of the management and control of the town's water plant, plants and system shall be by ordinance which shall be irrevocable except by amendment to the town charter. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to amend the charter of the Town of Turin to extend the terms of office of the Mayor and Aldermen, to delete the exemption from ad valorem taxes of land used exclusively for agricultural purposes, to authorize the creation of a water commission and for other purposes. This 13th day of January, 1975. Nathan G. Knight, Representative, 65th District

Page 4211

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 67th 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: January 16, 23, 30, 1975. /s/ Nathan G. Knight Representative, 67th District Sworn to and subscribed before me, this 10th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. SEMINOLE COUNTYSUPERIOR COURT CLERK'S PERSONNELSALARY CHANGES. No. 397 (House Bill No. 1057). An Act to amend an Act placing the clerk of the superior court of Seminole County upon an annual salary, approved March 31, 1967 (Ga. L. 1967, p. 2335), as amended, so as to change the provisions relating to the payment of personnel within the clerk's office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court of Seminole County upon an annual salary, approved March

Page 4212

31, 1967 (Ga. L. 1967, p. 2335), as amended, is hereby amended by deleting from section 5 the last sentence thereof, which reads as follows: It shall be within the sole discretion of the clerk to set the salary of any such deputy clerks, assistants, or other personnel hired by him and such salary shall be paid exclusively by the clerk out of his salary as provided in Section 2., so that when so amended, section 5 shall read as follows: Section 5. The clerk shall have the authority to appoint such deputy clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. It shall be within the sole power and authority of the clerk, during his term of office, to designate and name the person or persons who shall be employed as such deputy 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 2. Said Act is further amended by deleting from section 6 the word excluding and substituting in lieu thereof the word including, so that when so amended, section 6 shall read as follows: Section 6. The necessary operating expenses of the clerk's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose. The determination of such requirements shall be at the sole discretion of the governing authority of Seminole County. Expenses. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4213

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia a bill to change the compensation of the Clerk of the Superior Court for Seminole County, and for other purposes. This 11th day of February, 1975. Louise Alday Clerk of the Board of County Commissioners 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 140th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following dates: February 13, 20, 27, 1975. /s/ Mobley Howell Representative, 140th District Sworn to and subscribed before me, this 28th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4214

CITY OF BUCHANANCHARTER AMENDEDMAYOR'S COURT PROVISIONS CHANGED. No. 398 (House Bill No. 1060). An Act to amend an Act incorporating the City of Buchanan, approved August 17, 1908 (Ga. L. 1908, p. 468), as amended, so as to change the provisions relating to the mayor's court and the punishments which may be imposed by such court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Buchanan, approved August 17, 1908 (Ga. L. 1908, p. 468), as amended, is hereby amended by striking section 11 in its entirety and inserting in lieu thereof a new section 11 to read as follow: Section 11. The mayor of said city shall have jurisdiction to try all persons charged with the violation of any law, rules, regulations and ordinances of said city, and to punish such persons when properly convicted by fine not to exceed two hundred dollars, or by imprisonment in the jail of said city or the common jail of Haralson County not to exceed sixty days, or to work at hard labor on the streets, alleys, or other public works of the said city as the mayor shall adjudge not to exceed sixty days, any one or all of said punishment may be inflicted in the discretion of the mayor or person acting as mayor in the trial of offenses. If within the discretion of the mayor or other person acting as mayor in the trial of offenses a fine shall be imposed as aforesaid, in case said fine is not paid the mayor or other person acting as such may sentence the offender to work upon the streets, alleys or other public works of said city not to exceed sixty days, or to be imprisoned in the jail of said city or the common jail of Haralson County not to exceed sixty days. If in the trial of any case before said mayor's court it shall appear that a State offense has been committed by the person being tried, it shall be the duty of the mayor

Page 4215

to bind said person over to the State courts to answer for said offense. Said mayor shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used in evidence by punishing as for contempt, and to punish for contempt by imposing such penalties as the mayor or acting mayor may see fit, not to exceed the punishment authorized for violation of municipal offenses. In the absence, disability or disqualification of the mayor, the mayor pro tem, and in his absence, disability or disqualification any member of the council designated by it shall have the right to preside in said court and exercise all the rights, powers and functions of the mayor therein. 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 1975 Session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Buchanan, approved August 17, 1908 (Ga. L. 1908, p. 468), as amended; to provide for matters relative thereto; and for other purposes. This 20th day of January, 1975. Evelyn S. Wade Mayor, City of Buchanan, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson County Tribune which is the official organ

Page 4216

of Haralson County, on the following dates: January 30, February 6, 13, 1975. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 28th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. HARALSON COUNTY TREASURERSALARY CHANGED. No. 399 (House Bill No. 1061). An Act to amend an Act providing an annual salary for the Treasurer of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 258), as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 863), an Act approved February 17, 1950 (Ga. L. 1950, p. 2723), an Act approved March 6, 1962 (Ga. L. 1962, p. 3136), an Act approved March 24, 1965 (Ga. L. 1965, p. 2436), an Act approved February 28, 1966 (Ga. L. 1966, p. 2226), and an Act approved March 28, 1969 (Ga. L. 1969, p. 2429), so as to change the compensation of the Treasurer of Haralson 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 an annual salary for the Treasurer of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 258), as amended by an Act approved

Page 4217

March 27, 1941 (Ga. L. 1941, p. 863), an Act approved February 17, 1950 (Ga. L. 1950, p. 2723), an Act approved March 6, 1962 (Ga. L. 1962, p. 3136), an Act approved March 24, 1965 (Ga. L. 1965, p. 2436), an Act approved February 28, 1966 (Ga. L. 1966, p. 2226), and an Act approved March 28, 1969 (Ga. L. 1969, p. 2429), is hereby amended by striking from section 1 the following: one thousand nine hundred eighty dollars ($1,980.00) per annum, and inserting in lieu thereof the following: two thousand five hundred dollars ($2,500.00) per annum, so that when so amended, section 1 shall read as follows: Section 1. The compensation of the Treasurer of Haralson County shall be two thousand five hundred dollars ($2,500.00) per annum, payable in equal monthly installments from the general funds of Haralson County, which shall be his full compensation and in lieu of commissions. The treasurer shall also receive an expense account of thirty-five dollars ($35.00) per month which shall be paid from the general funds of Haralson County. The treasurer is hereby authorized to direct the County Commissioner of Haralson County to pay any part of his salary as treasurer to any employee in his office and in such event, the salary of the treasurer shall be reduced by the amount of any such payments. 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 1975 Session of the General Assembly of Georgia,

Page 4218

a Bill to change the compensation of the Treasurer of Haralson County; to provide for matters relative thereto; and for other purposes. This, 20th day of January, 1975. George A. Kimball Treasurer, Haralson County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson County Tribune which is the official organ of Haralson County, on the following dates: January 30, February 6, 13, 1975. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 28th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. HARALSON COUNTY COMMISSIONERSALARY CHANGED. No. 400 (House Bill No. 1062). An Act to amend an Act creating the office of County Commissioner of Haralson County, approved August 16, 1915

Page 4219

(Ga. L. 1915, p. 252), as amended, particularly by an Act approved March 5, 1974 (Ga. L. 1974, p. 2141), so as to change the salary of the County Commissioner of Haralson County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of County Commissioner of Haralson County, approved August 16, 1915 (Ga. L. 1915, p. 252), as amended, particularly by an Act approved March 5, 1974 (Ga. L. 1974, p. 2141), is hereby amended by striking from subsection a of section 13 the following: thirteen thousand ($13,000.00) dollars, and inserting in lieu thereof the following: fourteen thousand dollars ($14,000.00), so that when so amended, subsection a of section 13 shall read as follows: a. The County Commissioner of Haralson County shall be compensated in the amount of fourteen thousand dollars ($14,000.00) per annum, payable in equal monthly installments from the funds of Haralson 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 1975 Session of the General Assembly of Georgia,

Page 4220

a Bill to change the compensation of the County Commissioner of Haralson County; to provide for matters relative thereto; and for other purposes. This 20th day of January, 1975. Jim F. Smith County Commissioner of Haralson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson County Tribune which is the official organ of Haralson County, on the following dates: January 30, February 6, 13, 1975. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 28th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. HARALSON COUNTY TAX COMMISSIONERPERSONNEL SALARY CHANGE. No. 401 (House Bill No. 1063). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Haralson County into the

Page 4221

office of Tax Commissioner of Haralson County, approved March 21, 1958 (Ga. L. 1958, p. 2917), as amended, particularly by an Act approved March 5, 1974 (Ga. L. 1974, p. 2143), so as to change the provisions relating to the compensation of the clerical assistant 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 consolidating the offices of Tax Receiver and Tax Collector of Haralson County into the office of Tax Commissioner of Haralson County, approved March 21, 1958 (Ga. L. 1958, p. 2917), as amended, particularly by an Act approved March 5, 1974 (Ga. L. 1974, p. 2143), is hereby amended by striking from section 4A the following: of six thousand ($6,000.00) dollars per annum, payable in either equal weekly or monthly installments from the funds of Haralson County., and inserting in lieu thereof the following: fixed by the Tax Commissioner and the County Commissioner of Haralson County, and, when so fixed, such compensation shall be payable in either equal weekly or monthly installments from the funds of Haralson County., so that when so amended, section 4A shall read as follows: Section 4A. The Tax Commissioner is authorized to employ a clerical assistant to assist him in the performance of his official duties. Said clerk shall be compensated in an amount fixed by the Tax Commissioner and the County Commissioner of Haralson County, and when so fixed, such compensation shall be payable in either equal weekly or monthly installments from the funds of Haralson County. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4222

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a Bill to change the compensation of the personnel in the office of the Tax Commissioner of Haralson County; to provide for matters relative thereto; and for other purposes. This, the 21 day of January, 1975. Tax Commissioner, Haralson County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson County Tribune which is the official organ of Haralson County, on the following dates: January 30, February 6, 13, 1975. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 28th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. HARALSON COUNTY SHERIFFDEPUTY PROVISIONS CHANGED. No. 402 (House Bill No. 1064). An Act to amend an Act placing the Sheriff and Judge of the Probate Court of Haralson County on an annual salary

Page 4223

in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2259), as amended, particularly by an Act approved March 5, 1974 (Ga. L. 1974, p. 2145), so as to change the provisions relating to deputies of the sheriff; to authorize the sheriff to appoint two additional full-time deputy sheriffs and two part-time deputy sheriffs; to provide for the duties, powers and compensation of such 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 and Judge of the Probate Court of Haralson County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2259), as amended, particularly by an Act approved March 5, 1974 (Ga. L. 1974, p. 2145), is hereby amended by striking section 5 in its entirety, and inserting in lieu thereof a new section 5, to read as follows: Section 5. The sheriff shall have the authority to appoint two deputies, who shall each receive a salary of $8,000.00 per annum, payable in equal monthly installments from the funds of Haralson County. In addition, the sheriff shall have the authority to appoint three additional deputies and a jailer. Such additional deputies and jailer shall each receive compensation in an amount to be fixed by the Sheriff and the Commissioner of Haralson County. Such compensation shall not exceed the compensation paid the other two deputies. In addition, the sheriff shall have the authority to appoint two part-time deputies who shall each receive compensation in an amount to be fixed by the Sheriff and the Commissioner of Haralson County. 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 1975 Session of the General Assembly of Georgia,

Page 4224

a bill to provide for a change in the number of Deputies for the Sheriff of Haralson County; to provide for other matters relative thereto; and for other purposes. This 20th day of January, 1975. Scott Roberts Sheriff, Haralson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson County Tribune which is the official organ of Haralson County, on the following dates: January 30, February 6, 13, 1975. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 28th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. HARALSON COUNTY PROBATE COURTSALARY OF CLERK CHANGED. No. 403 (House Bill No. 1065). An Act to amend an Act placing the Sheriff and Judge of the Probate Court of Haralson County on an annual

Page 4225

salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2259), as amended, particularly by an Act approved March 5, 1974 (Ga. L. 1974, p. 2145), so as to change the provisions relating to the compensation of the clerk of the Judge of the Probate Court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff and Judge of the Probate Court of Haralson County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2259), as amended, particularly by an Act approved March 5, 1974 (Ga. L. 1974, p. 2145), is hereby amended by striking from section 6 the following: of $6,000.00 per annum, payable in equal weekly or monthly installments., and inserting in lieu thereof the following: to be fixed by the Judge of the Probate Court and the Commissioner of Haralson County, and when so fixed such compensation shall be payable in equal weekly or monthly installments., so that when so amended, section 6 shall read as follows: Section 6. The Judge of the Probate Court have the authority to appoint a clerk to assist him in the performance of the official duties of his office. Said clerk shall receive a salary to be fixed by the Judge of the Probate Court and the Commissioner of Haralson County, and when so fixed such compensation shall be payable in equal weekly or monthly installments. 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 regular 1975 Session of the General Assembly of Georgia,

Page 4226

a Bill to change the compensation of the personnel in the office of Judge of the Probate Court of Haralson County; to provide for matters relative thereto; and for other purposes. This, 21 day of January, 1975. Rufus S. Brown Judge of the Probate Court, Haralson County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson County Tribune which is the official organ of Haralson County, on the following dates: January 30, February 6, 13, 1975. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 28th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF BARWICKNEW CHARTER. No. 404 (House Bill No. 1069). An Act to provide a new Charter for the City of Barwick, Georgia, in the Counties of Thomas and Brooks; to provide

Page 4227

for the incorporation and powers of such city; to profor the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for general provisions; to provide for other matters relative thereto; to provide for specific repeal; 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: ARTICLE 1 INCORPORATION, POWERS Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of Barwick, repealing and replacing the charter provided by an Act of the General Assembly approved August 17, 1903 (Ga. L. 1903, p. 447), as amended. The City of Barwick, Georgia, in the Counties of Thomas and Brooks, and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Barwick, Georgia, and by that name shall have perpetual succession, may sue and be sued, may 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. Corporate Boundaries. (a) The boundaries of the City of Barwick 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 Barwick, at all times, shall be shown on a map, a written description or any combination thereof to be retained permanently in the city hall and to be designated: Barwick, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the mayor. Photographic or other copies of such

Page 4228

map 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. (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 1.12. Corporate Powers. The corporate powers of the government of the City of Barwick, 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; 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 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 to raise revenue for 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

Page 4229

citizens on such terms and conditions as the grantor or donor may impose; (7) to condemn property, inside or outside the corporate limits of the city for present or future use and for any corporate purposes 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, fees, charges, rates, fares, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same; and to fix 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 20 years; and to prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations of the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees, or 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 of the city 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

Page 4230

market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the 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 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 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; 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 riots and public disturbances; (16) to regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors and liquids, the use and sale of firearms, 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, itinerant trades, theatrical performances, exhibitions and shows of any kind whatsoever, by taxation or otherwise; (18) to license, tax, regulate or prohibit professional fortune telling and palmistry;

Page 4231

(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 both to fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations 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; 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 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 in the City of Barwick and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges;

Page 4232

(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; to levy on the users of sewers and the sewerage system a sewer service charge, fee or 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 change 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 of Barwick; and to provide for the enforcement of such standards; (32) to provide that persons given jail sentences in the mayor's court may work out such sentence in any public works or on the streets, roads, drains and squares of the city; or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials;

Page 4233

(33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the City of Barwick which, while not constituting offenses against the laws of this State, nevertheless are deemed by the governing authority of the City of Barwick 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; to provide for the impoundment of same if in violation of any ordinance; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violations of ordinances enacted hereunder; (35) to regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (36) to regulate and license vehicles operated for hire in the city; 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 of 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,

Page 4234

commissions and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) to make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof and for preserving the health, 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 of Barwick; (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; 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 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.

Page 4235

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 of Barwick was heretofore authorized to exercise upon the effective date of this charter. Section 1.14. Construction. The powers of the City of Barwick 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 the 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 and as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation. The legislative authority of the government of the City of Barwick, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms and Qualifications of Office. The members of the council shall serve for terms of two years

Page 4236

and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he: (1) has been a resident of the city for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) continues to reside therein during his period of service; (3) is registered and qualified to vote in municipal elections in the City of Barwick; and (4) meets 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) The office of mayor or councilman shall become vacant upon the incumbent's death, forfeiture of office, resignation or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualification of the office as prescribed 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) 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 of this charter. Section 2.13. Compensation and Expenses. The mayor and councilmen shall receive as compensation for their services the amount of $5.00 per meeting at which they are in attendance. 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) Except as authorized by law, neither the mayor nor any councilman shall hold any other elective city office during the term for which he was elected.

Page 4237

(b) Neither the mayor nor any councilman 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, agency or office 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 published 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 the City of Barwick 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 laws of the State of Georgia, which it shall deem necessary, expedient or helpful for the peace, good order, protection of life and/or property, health, welfare, sanitation, comfort, convenience, prosperity or well-being of the inhabitants of the City of Barwick and may enforce such ordinances by imposing penalties for violation thereof. Section 2.20. Chief Executive Officer. The mayor shall be the chief executive officer of the City of Barwick. 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 2.21. Duties of Mayor. As the chief executive of the City of Barwick, the mayor shall: (a) preside at all meetings of the city council;

Page 4238

(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; (e) see that all laws and ordinances of the city are faithfully executed; (f) suspend all officers, department heads and employees of the city for cause until the next regular or special meeting of the council wherein the council shall either disapprove the suspension or make said suspension irrevocable; (g) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (h) 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; (i) call special meetings of the council as provided for in section 2.31 (b) of this charter; (j) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (k) perform other duties as may be required by law, this charter or ordinance. Section 2.22. Mayor Pro Tem. During the absence or disability of the mayor for any reason, the mayor pro tem., or in his absence or disability for any cause, any one of the councilmen chosen by the council shall be clothed with

Page 4239

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 2.30. Organization Meeting. (a) The council shall meet for organization on the second Tuesday of the month following the month in which they were elected. 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 that I will well and truly perform the duties of mayor (or councilman as the case may be) of the City of Barwick, Georgia, 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) Following the induction of new 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 one year 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 meeting 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 councilmen. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a

Page 4240

waiver of notice of such meeting. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of the members present. With such consent, any business which may be transacted at 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 journal 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; 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 three 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. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: The Council of the City of Barwick 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, that ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. Section 2.35. Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace,

Page 4241

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 the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative votes 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 procedures and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to section 2.37 of this charter. (b) Copies of any adopted code of technical regulations may be made available by the city clerk for distribution or purchase at a reasonable price to be fixed by the council. Section 2.37. Signing, Authenticating, Recording; Codification; Printing. (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book

Page 4242

kept for that 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 of Barwick. 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 amendments thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Barwick, 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 in this charter to be printed promptly following its adoption. Following publication of the first Code of the City of Barwick 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 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 it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies

Page 4243

or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions 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. 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 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 appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.11. Boards, Commissions and Authorities . (a) All members of boards, commissions and authorities 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) Any vacancy in office of a board, commission or authority shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as

Page 4244

otherwise provided by this charter or any applicable state law. (c) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (d) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the council. (e) Members of boards, commissions and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards, commissions and authorities shall be as prescribed by ordinance. (g) 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 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 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 city clerk. 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 and the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 3.30. City Attorney. The council shall appoint a

Page 4245

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 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 city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the council; 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. City Tax Collector. The council may appoint a city 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. The city 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, 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 position. Section 3.50. Position Classification and Pay Plan. The council may prepare a position classification and pay plan. Said plans may apply to all employees of the City of Barwick and to any of its agencies and offices. When a pay plan has been adopted, the council shall not increase or

Page 4246

decrease the salaries of individual employees except by amendment of said pay plan. Section 3.51. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, 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 Barwick. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation of Mayor's Court. There is hereby established a court to be known as the Mayor's Court of the City of Barwick, which court shall have the jurisdiction and authority to try offenses against the laws and ordinances of the City of Barwick and to punish for a violation of 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; to punish any person who may counsel, advise, aid or encourage 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; and to try all offenses committed within the territorial limits of the city including 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 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.

Page 4247

Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (b) The judge pro tem. shall serve in the absence or disqualification of the judge, shall be appointed by the council and shall take the same oath as the judge. (c) Before entering on the 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, faithfully and honestly 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 mayor's court shall try and punish for crimes against the City of Barwick and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence for contempt; provided, however, that such punishment shall not exceed $100.00 or 20 days in jail. The mayor's court may fix punishment for offenses committed within its jurisdiction not exceeding a fine of $200.00 or imprisonment for 90 days, or both, and as an alternative to fine or imprisonment, the court may 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 30 days. (b) The mayor's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violation of state law. (c) The mayor's court shall have authority to establish

Page 4248

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 shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. If 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 forfeited to the City of Barwick 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 mayor's court shall have authority to bind prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The mayor's court shall have authority to administer oaths and to perform all other acts necessary or proper to the conduct of the court. (f) The mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Barwick 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 Brooks and/or Thomas County from the

Page 4249

Mayor's Court of the City of Barwick shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, however, 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. 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 mayor's court; provided, however, that the council may adopt in part or in toto the rules and regulations of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all defendants in mayor's court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections. The mayor and councilmen serving on the effective date of this Act shall serve out the remainder of their respective terms of office. On the second Monday in September of odd-numbered years, there shall be an election for mayor and three councilmen, said mayor and councilmen to serve for two years. On the second Monday in September of even-numbered years, there shall be an election for two councilmen, said councilmen to serve for two years. The terms of office of the mayor and councilmen shall begin at the day and hour of the taking of the oath of office as provided in Article II, Section 2.30 of this charter. Section 5.11. Election Procedures. 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 procedures

Page 4250

as may be necessary to conduct elections in the City of Barwick. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Barwick as to primary, special or general elections shall conform to the provisions of the Georgia Municipal Election Code, as now or hereafter amended. Section 5.21. Special Elections. If the office of mayor or councilman becomes vacant for any reason whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that if such vacancy occurs within six months of the expiration of the term of office, said vacancy shall be filled by appointment by the remaining members of the council. Both special elections and the qualifications of candidates therefor shall conform to the applicable provisions of this charter, the Georgia Municipal Election Code, as now or hereafter amended. Section 5.30. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (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) wilful 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

Page 4251

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. If 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 grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Courts of Brooks and/or Thomas County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed with the Superior Courts of Thomas and/or Brooks County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.10. 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 Barwick. 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 real and personal property within the corporate limits of the city for the purpose of raising revenue to defray the costs of operating the city government, providing governmental services and for any other public purpose as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Barwick is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104.

Page 4252

Section 6.12. Tax Due Dates and Tax Bills. The council shall provide by ordinance when the taxes of the city shall fall due, in what length of time said taxes may be paid, whether said taxes may be paid in installments or in one lump sum, and when, how and upon what terms such taxes shall be due and payable. The council may also 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 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, Excise Taxes. The council shall have full power to levy by ordinance such license and specific or occupation taxes upon the residents of the City of Barwick, 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 any way which is lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; 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 shall

Page 4253

have the right, power and authority by ordinance to assess and collect fees, charges and tolls for sewer services rendered both within and without the corporate limits of the City of Barwick to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of the city. If unpaid, said sewer charges shall constitute a lien against any property served, which lien shall be second in priority only to liens for county and city property taxes and 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, enforce, levy and 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 the City of Barwick and benefiting from such services. 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. Said lien 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 30 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

Page 4254

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 in the same manner and under the same remedies as a lien 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 governing 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, however, 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 accordance 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 6.20. General Obligation Bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any program, project 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 issuance 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 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.

Page 4255

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 and every office, department, institution, agency and activity of the city government, unless otherwise provided by state or federal law. Section 6.31. Preparation of Budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs. Section 6.32. 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. Section 6.40. 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 may by ordinance prescribe procedures for a system of centralized purchasing for the City of Barwick. (b) The council may sell and convey any real or personal property owned or held by the City of Barwick for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value.

Page 4256

(d) 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 GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees, both elected and appointed, of the City of Barwick shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Barwick 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 Barwick not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Penalties. The violation of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and punishable by a fine of not more than $200.00 or by imprisonment not to exceed 90 days or both such fine and imprisonment.

Page 4257

Section 7.13. Specific Repealer. An Act incorporating the City of Barwick in the Counties of Thomas and Brooks, approved August 17, 1903 (Ga. L. 1903, p. 447), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.14. Severability. If any Article, Section, Subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each Article, Section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 7.15. Effective Date. This charter shall become effective on May 1, 1975. Section 7.16. 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 in the 1975 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Barwick, Ga. To provide for all matters relative thereto and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James W. Keyton who, on oath, deposes and says that he is Representative from the 143rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Quitman Free Press which is the official

Page 4258

organ of Brooks County, on the following dates: January 2, 9, 16, 1975. /s/ James W. Keyton Representative, 143rd District Sworn to and subscribed before me this 2nd day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF TALBOTTONCHARTER AMENDEDELECTION PROVISIONS CHANGED, ETC. No. 405 (House Bill No. 1070). An Act to amend an Act providing a new charter for the City of Talbotton, approved April 10, 1971 (Ga. L. 1971, p. 3725), so as to change the date for municipal elections and the provisions relating thereto; to change the provisions relating to the mayor's court; to provide for a municipal court and the jurisdiction, officers, judges, powers and duties of such court, judges and officers thereof; to change the provisions relating to judges and their qualifications, appointment, oaths, powers, and duties; 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 providing a new charter for the City of Talbotton, approved April 10, 1971 (Ga. L. 1971, p. 3725), is hereby amended by striking from section 5 the following:

Page 4259

Thereafter, three councilmen shall be elected on the first Saturday in November of each year and shall take office on January 1st of the next year to fill the vacancies of the then expiring terms of councilmen and shall be elected for terms of two years each, and until their successors are elected and qualified., and inserting in lieu thereof the following: Thereafter, three councilmen shall be elected on the Tuesday after the first Monday in November of each year and shall take office on January 1st of the next year to fill the vacancies of the then expiring terms of councilmen and shall be elected for terms of two years each, and until their successors are elected and qualified., so that when so amended, section 5 shall read as follows: Section 5. On the Tuesday after the first Monday in November, 1972, there shall be elected for said city, by the qualified voters therein, by ballot, a mayor and six councilmen. The six candidates for councilmen receiving the highest number of votes shall be elected as councilmen of the City of Talbotton. The mayor, and his successor, shall be elected for terms of two years each. The three councilmen receiving the highest number of votes shall be elected for terms of two years each, and until their successors are elected and qualified. The remaining three councilmen elected at that time shall be elected for terms of one year each, and until their successors are elected and qualified. Thereafter, three councilmen shall be elected on the Tuesday after the first Monday in November of each year and shall take office on January 1st of the next year to fill the vacanies of the then expiring terms of councilmen and shall be elected for terms of two years each, and until their successors are elected and qualified. The term of office of the mayor and councilmen elected under the provisions of this Act shall commence on January 1st following their election. The mayor and councilmen shall severally take and subscribe, before the Judge of the Probate Court of Talbot County, the Clerk of the Superior Court of Talbot County,

Page 4260

some justice of the peace of said county, or the retiring mayor, the following oath of office, to wit: `I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Talbotton for the ensuing term and that I will faithfully enforce the charter and ordinances of said city, to the best of my ability, without fear or favor, and in all my actions as mayor (or councilman) act as I believe for the best interests of said city, so help me God.' Should the mayor or any councilman be absent from said meeting, he may take said oath of office as soon thereafter as possible. The mayor and council shall provide by ordinance for regular meetings not less than one a month and may hold such special or called meetings as the business of the city may require to be convened as provided by ordinance. In the event the office of mayor, or any one or more of the councilmen, shall become vacant by death, resignation, removal from the city, or otherwise, the mayor and council, or in case the mayor's office is vacant, the council, shall order an election for the purpose of filling such vacancy or vacancies, by giving notice such as may be provided by ordinance and by publication in a newspaper published in said city; and such election shall be held, returns made, and results declared in the same manner as in the regular election for mayor and councilmen as hereinafter prescribed; provided, that in case such vacancy or vacancies occur within sixty days preceding the regular municipal election in said city, then, in that event, the said vacancy or vacancies may be filled by the mayor and council, or by the mayor pro tem in case of a vacancy in the office of mayor, and persons so elected as councilmen or the mayor pro tem, as the case may be, are duly empowered and qualified to fill such vacancies until the regular election. Should the mayor or any member of the council fail or refuse to perform the duties of his office for a period of two consecutive months, provided such failure is not from providential causes, the office may be, in the discretion of the council, or the mayor and the remaining members of the council, declared by resolution vacant and the vacancy filled as before provided. Election. Meetings. Section 2. Said Act is further amended by striking section 16, which reads as follows:

Page 4261

Section 16. The mayor, or in his absence, the mayor pro tem, or in case of the absence or disqualification of both the above, any councilman of said city, to be designated in writing by any other two councilmen, may hold and preside over a court, said court to be called the `Mayor's Court', for the trial of all offenders against the laws and ordinances of said city, to be held as often as necessary, or at such times as may be fixed by the mayor and council. Said mayor's court shall have power and full authority to preserve order, compel the attendance of witnesses, order and compel the production of books and papers to be used as evidence, and to punish for contempt, or disobedience to any of its mandates. Said court shall have full authority and power to punish after conviction, all violations of the charter or any ordinances of said city by fine, not to exceed one thousand dollars, by imprisonment in the city jail, or in the county jail (having previously arranged such with the county authorities), not to exceed ninety days, and to work on the streets of said city or on such other public works as the mayor, or person presiding over the mayor's court, may direct, not to exceed ninety days; and one or more of these punishments may be inflicted by the mayor, mayor pro tem or presiding councilman in his discretion, and the fine imposed may be collected by execution. The mayor, mayor pro tem or presiding councilman, as the case may be, shall have full authority and power in said mayor's court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case; or if, on the trial of any offender before said court, it develops from the evidence that he or she is probably guilty of a violation of any criminal law of this State, to commit the offender or offenders to jail or bail them, if the offense is bailable by the justice of the peace, to appear before the next Superior Court of Talbot County. The mayor and councilmen of said city shall be to all intents and purposes a justice of the peace as to issuing warrants for offenses committed against the charter and ordinances of the city, or against any of the criminal laws of this State and are authorized to issue warrants for the arrest of such offenders.,

Page 4262

in its entirety, and inserting in lieu thereof a new section 16, to read as follows: Section 16. Municipal Court. There is hereby established a court to be known as the Municipal Court of the City of Talbotton 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 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. No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall be appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. 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. 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. Said court shall be convened at such times as designated by ordinance

Page 4263

or at such times as deemed necessary to keep current the dockets thereof. The municipal court shall try and punish for crimes against the City of Talbotton 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 $500.00 or 20 days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 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. The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. 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 appearances 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 Talbotton, 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. 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. 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. The

Page 4264

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. The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Talbotton granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances. The right of appeal and any bond as may be required to secure the costs of appeal to the Superior Court of Talbot 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 probate. 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. 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. 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 1975 session of the General Assembly of Georgia a

Page 4265

bill to change the Charter of the City of Talbotton, Georgia and for other purposes. This the 8th day of February, 1975. Mayor and Council of the City of Talbotton, Georgia. Ben Starling, Mayor. 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 70th 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 13, 20, 27, 1975. /s/ Claude A. Bray, Jr. Representative, 70th District Sworn to and subscribed before me, this 3rd day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF CARTERSVILLECHARTER AMENDEDTERMS OF MAYOR CHANGED, ETC. No. 406 (House Bill No. 1071). An Act to amend an Act creating a new charter for the City of Cartersville, approved March 28, 1974 (Ga. L.

Page 4266

1974, p. 3697), so as to delete therefrom certain provisions pertaining to the terms of office 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 creating a new charter for the City of Cartersville, approved March 28, 1974 (Ga. L. 1974, p. 3697), is hereby amended by striking from section 7.01 the following: and shall serve for a term of two years, so that when so amended, said section shall read as follows: Section 7.01. Regular Elections, Time for Holding and Taking Office. The regular election for mayor and councilmen shall be held on the Tuesday after the first Monday in November, 1975, and on said date biennially thereafter. Officials elected at any regular election shall take office on the first Wednesday in January, subsequent to their election. 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 1975 session of the General Assembly of Georgia, a bill to amend the Charter of the City of Cartersville; and for other purposes. This 3rd day of February, 1975. Joe Frank Harris Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Frank Harris who,

Page 4267

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 Herald Tribune which is the official organ of Bartow County, on the following dates: February 13, 20, 27, 1975. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 2nd day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF RUTLEDGECHARTER AMENDEDTERM OF MAYOR CHANGED, ETC. No. 407 (House Bill No. 1074). An Act to amend an Act creating a new charter for the City of Rutledge, approved August 13, 1909 (Ga. L. 1909, p. 1345), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2617), so as to change the terms of office of the mayor and councilmen; 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 creating a new charter for the City of Rutledge, approved August 13, 1909 (Ga. L. 1909, p. 1345), as amended, particularly by an Act approved March 21, 1968 (Ga. L. 1968, p. 2617), is hereby amended by

Page 4268

striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. (a) For the purpose of electing councilmen, there shall be four council posts which shall be numbered consecutively as Council Post 1 through Council Post 4. Any person desiring to run for city councilman shall designate the council post for which he is offering. All councilmen shall be elected by a majority of the qualified electors voting in the elections conducted for that purpose as hereinafter provided. The first such election shall be conducted on the first Saturday in December, 1975, at which election the councilmen from Council Posts 1 and 3 shall be elected. The councilmen elected to Council Posts 1 and 3 shall be elected for terms of three years and shall assume office on the first day of April following their election. The next such election shall be conducted on the first Saturday in December, 1976, at which election the councilmen from Council Posts 2 and 4 shall be elected. The councilmen elected to Council Posts 2 and 4 shall be elected for terms of four years and shall assume office on the first day of January following their election. Thereafter, elections shall be conducted on the first Saturday in December in each year in which the terms of office of any councilmen shall expire, and persons shall be elected to succeed the councilmen whose terms of office expire on December 31 immediately following the election. Successors elected at such elections shall assume office on the first day of January following their election for terms of office of four years each and until their successors are elected and qualified. (b) The mayor shall be elected by a majority of the qualified electors voting in the elections conducted for that purpose. The first election for mayor shall be conducted on the first Saturday in December, 1975, and the person elected mayor shall assume office on the first day of January following his election, and he shall serve for a term of three years and until his successor is elected and qualified. Thereafter, the elections for mayor shall be conducted every four years on the first Saturday in December, and a mayor shall be elected to succeed the mayor whose term of office expires

Page 4269

on December 31 immediately following such election. Each mayor elected shall assume office on the first day of January following his election, and he shall serve for a term of four years and until his successor is elected and qualified. (c) Those persons presently elected to office as a councilman or as mayor shall continue to serve until their successors are duly elected and qualified as provided by law. (d) At the first meeting of the mayor and council after their election, or as soon as practicable thereafter, one of said councilmen shall be elected mayor pro tem by said mayor and council. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Rutledge, approved August 30, 1909 (Ga. L. 1909, p. 1345), so as to change the terms of office of the Mayor and Councilmen; to provide for staggered terms; to provide for other matters relative to the foregoing; and for other purposes. This 14th day of January, 1975. Roy Lambert Representative, 112th 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 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in

Page 4270

the Madisonian Madison, Georgia which is the official organ of Morgan County, on the following dates: 1/16/75, 1/23/75 and 1/30/75. /s/ E. Roy Lambert Representative, 112th District Sworn to and subscribed before me, this 11th day of February, 1975. /s/ Dianne M. Covington Notary Public, Georgia State at Large. My Commission Expires Feb. 19, 1978. (Seal). Approved April 17, 1975. GREENE COUNTY BOARD OF EDUCATIONTERMS OF MEMBERS STAGGERED, ETC.REFERENDUM. No. 408 (House Bill No. 1075). 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

Page 4271

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 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

Page 4272

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. On or before June 1, 1976, it shall be the duty of the election superintendent of Greene County to issue the call for an election for the purpose of submitting this Act to the electors of the Greene County School District for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Greene 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 for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

Page 4273

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 1975 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 for the term of office and the compensation of the Superintendent; to provide for other matters relative to the foregoing; to provide for a referendum and for other purposes. This 30th day of December, 1974. E. Roy Lambert Representative, 112th 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 112th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Herald-Journal Greensboro, Georgia which is the official organ of Greene County, on the following dates: 2/3/75;2/10/75;2/17/75. /s/ E.R. Lambert Representative, 112th District

Page 4274

Sworn to and subscribed before me, this 25th day of February, 1975. /s/ Dianne M. Covington Notary Public, Georgia State at Large. My Commission Expires Feb. 19, 1978. (Seal). Approved April 17, 1975. CITY OF SHARONNEW CHARTER. No. 409 (House Bill No. 1078). An Act to reincorporate the City of Sharon in the County of Taliaferro and to provide a new charter for said city; to provide for a short title; 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 City of Sharon 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 for 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

Page 4275

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 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 and other matters in connection with the foregoing; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short title. This Act shall be known and may be cited as the Act creating a new charter for the City of Sharon. ARTICLE I CHARTER, DEFINITIONS, CORPORATE LIMITS AND CORPORATE POWERS Section 1.01. Charter. This Act shall constitute the whole charter of the City of Sharon in Taliaferro County, Georgia. The City of Sharon in Taliaferro 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 Sharon, 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 Sharon in Taliaferro County, Georgia.

Page 4276

(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. (d) Public way shall mean any land used by the public as a passageway, 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 Sharon shall extend one-half mile in every direction from the center of the intersection of State Road No. 269, State Road No. 47 and the Sharon-Raytown Public Road. Section 1.04. Corporate powers. The corporate powers of

Page 4277

the city, to be exercised by the city council may include any one or all of the following: (a) To levy and to provide for the assessment and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license taxes on privileges, occupations, trades and professions. A collection fee of one dollar 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 non-residents 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 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, as now or hereafter amended, 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.

Page 4278

(i) To regulate the rates and services of public utilities insofar 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 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, as now or hereafter amended, 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 detrimental,

Page 4279

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 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 killng when not redeemed as provided by ordinance. (s) To regulate any railroad crossing 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.

Page 4280

(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 this Act as fully and completely as if such powers were fully enumerated herein. No enumeration of particular powers in this Act shall be held to be exclusive of others nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers, unless expressly prohibited to 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 City of Sharon incorporated by an Act approved December 24, 1884 (Ga. L. 1884-85, p. 329), as amended, 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. (a) The mayor and councilmen holding office on the effective date of this Act shall continue to hold office for the terms to which elected and shall be the mayor and council of the City of Sharon under this Act, until their successors are elected as hereinafter provided. (b) On the second Monday in February, 1976, an election shall be conducted by the city election managers, in accordance with the provisions of Code Title 34A, known as the Georgia Municipal Election Code, as amended, to elect a mayor and four councilmen from the city at large by post. Each elector shall be entitled to vote for one candidate for mayor and four candidates for councilmen. (c) At the election provided for by subsection (b) hereof, each candidate for councilman receiving the highest number

Page 4281

of votes for their respective posts and the mayor shall be elected for terms of office beginning when the terms of the mayor and four councilmen holding office on the effective date of this Act expire and ending when their successors take office as hereinafter provided. Their successors shall be elected, in the same manner, at an election to be held on the second Monday in September, 1976, and shall take office upon the certification of their election for terms of two years. Thereafter, future successors shall be elected in the same manner on the second Monday in September of each even-numbered year and shall take office upon the certification of their election for terms of two years. The mayor and each councilman shall hold office until their successors are elected and qualified as provided herein. (d) No informality shall invalidate any election for mayor and councilmen provided such election 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 $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 four councilmen shall compose the city council, in which is vested all corporate, legislative and other powers of the city, except as otherwise provided in this Act. The council shall be the final judge of the election and qualifications of its members. The city council shall be authorized to fix the compensation and allowances of the mayor and councilmen, 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

Page 4282

public meetings at a stated time, 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. Section 2.04. Mayor as presiding officer; veto power. (a) The mayor shall preside at meetings of the council, shall have a vote only in case of a tie, shall be the ceremonial head of the city, shall sign ordinances and resolutions on their final passage, shall sign deeds, bonds and contracts when authorized by the council to do so, shall be the officer to accept process against the city, and shall perform other duties imposed by this Act and ordinances not inconsistent with this Act. (b) The mayor shall have the power to veto proposed ordinances or resolutions adopted by the council. Every ordinance or resolution adopted by the council shall be certified by the city clerk and presented to the mayor within two calendar days following its adoption by the council. The mayor shall approved or veto the ordinance or resolution within eight calendar days after its adoption by the council and no ordinance or resolution shall become effective without his approval except as herein provided. If the mayor vetoes, an ordinance or resolution, within two business days of such veto he shall return it to council accompanied by a written statement of the reasons for his veto. If the council shall pass such ordinance or resolution by a vote of its total membership, except for the mayor, at the meeting next held after the ordinance or resolution has

Page 4283

been returned with the mayor's veto, such ordinance or resolution shall become effective without the mayor's approval. In the event the mayor does not approve or veto the ordinance or resolution within the time required herein, it shall become law without his approval. Section 2.05. Vice mayor. The council at the first regular meeting, after the newly elected councilmen have taken office following their 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, or is convicted of malfeasance or misfeasance in office, or felony, a violation of this Act or a violation of the election laws of the State. The council shall appoint a qualified person to fill such a vacancy for the remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for fifteen days, the mayor or vice mayor, in case of a vacancy in the office of mayor, shall appoint a qualified person to fill the vacancy. At no time shall there be more than two members so appointed holding office, and if a vacancy occurs with two members so appointed on the council, a special election shall be held by the 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 city election will occur within six months.

Page 4284

Candidates in such a special election shall be elected in the same manner 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. Section 2.09. Official city newspaper. The council by resolution shall designate a newspaper of general circulation in Taliaferro County 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

Page 4285

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. 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, 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

Page 4286

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 this Act. He may submit to the council annual budgets, reports, and such other information as he may deem necessary or the council may require. 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, 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

Page 4287

in the city court shall be the same as provided by State law for a justice of the peace, except the penalties imposed by said city judge shall be subject to the limitations provided by section 5.03 of this Act. 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. Section 3.05. City judge and city court clerk. The council shall appoint and fix the salary of the city judge who shall serve at the pleasure of the council. The city clerk shall be the clerk of the city court. City court may be held at such time and place or places as the city judge shall determine or as may be prescribed by ordinance of the council. In lieu of the appointment of a city judge as provided herein, the council may provide by ordinance that the mayor, or in his absence, any member of the city council, may be the city judge when it would not be unlawful for the mayor or a councilman to serve as 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 defnied 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

Page 4288

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 or 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 council by filing, within ten days, with the city clerk, written notice of his intention to do so. 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 and that I will, in all respects, observe the provisions of the charter and ordinances of the City of Sharon, 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, if 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.

Page 4289

Section 3.10. 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 or 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 January and shall end on the thirty-first day of December of each year, but another fiscal year may be fixed by ordinance for the entire city government or for any utility. Section 4.02. City purchasing. All contracts and purchases for the city shall be made by the mayor and council pursuant to such terms, conditions and requirements as may be prescribed by ordinance. Section 4.03. Sale of city property. The mayor may sell any city property which is obsolete, surplus or unusable, if the proceeds do not exceed $500.00, without taking bids, but sealed bids shall be taken or a public auction shall be held for any sale producing more than $500.00; provided that any sale for more than $1,000.00 or any sale of real estate shall be subject to approval by the council. Section 4.04. Annual audit. The council may employ a certified public accountant to make an annual audit of all financial books and records of the city, and if required by general law of this State, the council shall publish such audit. Section 4.05. Property taxes. All property within the City of Sharon subject to taxation for State or county purposes,

Page 4290

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 4.06. Tax levy. The council shall make a tax levy, expressed as a fixed rate per $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 4.07. Tax due dates and tax bills. The due dates of property taxes shall be fixed by ordinance. Property taxes shall become delinquent thirty days after a due date at which time a penalty of five percent shall be added and thereafter such taxes shall be subject to interest at the rate of one-half of one percent for each month or fraction thereof until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Section 4.08. 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.

Page 4291

Section 4.09. 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 and shall thereafter be subject to interest at the rate of one-half of one percent for each month or fraction thereof until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this Article for city property taxes. Section 4.10. Disbursement by checks. All disbursements shall be made by checks signed in such manner as provided by ordinance. Section 4.11. 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 filing a claim shall be one hundred and

Page 4292

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 $100.00, or by imprisonment not to exceed thirty days, or by both such fine and imprisonment. Section 2. 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 3. Specific Acts Repealed. An Act incorporating the Town of Sharon in the County of Taliaferro, approved December 24, 1884 (Ga. L. 1884-85), as amended by an Act approved December 24, 1888 (Ga. L. 1888, p. 273), by an Act approved July 30, 1903 (Ga. L. 1903, p. 667), and by an Act approved August 11, 1922 (Ga. L. 1922, p. 971), is hereby repealed in its entirety. Section 4. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4293

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a bill to reincorporate the City of Sharon in the County of Taliaferro and to provide for all matters relative thereto; and for other purposes. This 20th day of December, 1974. Ben Barron Ross Representative, 76th district Arthur D. Brown Mayor, City of Sharon, Ga. B. R. Darden J. Dillard Noggle Jack Pittman R. E. Moore Councilmen, City of Sharon, Ga. 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 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Advocate-Democrat which is the official organ of Taliaferro County, on the following dates: January 10, 17, 24, 1975. /s/ Ben Barron Ross 76th District Sworn to and subscribed before me, this 3rd day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4294

BACON COUNTY SHERIFF, ETC.SALARY CHANGES. No. 410 (House Bill No. 1080). 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), as amended, so as to change the provisions relating to compensation of the sheriff, deputy sheriffs, jailer and clerk of the sheriff; to change the provisions relating to the receipt and payment of funds for feeding prisoners confined in the county jail; to repeal the provisions relating to cost-of-living raises; 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 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), 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 Bacon County shall receive an annual salary of not less than $10,000.00 and not more than $12,000.00, the exact amount to be determined by the governing authority of Bacon County. The sheriff shall be paid in 12 equal installments from the funds of Bacon County. The sheriff shall also receive from county funds, for each prisoner confined in the county jail, not less than $2.50 nor more than $3.50 per day to feed said prisoners. Sheriff. Section 2. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. The Sheriff 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

Page 4295

$7,200.00 and not more than $9,000.00 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 $4,000.00 and not more than $6,000.00 per annum, and the jailer shall be compensated in the amount of not less than $4,000.00 and not more than $6,000.00 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 12 equal 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. Personnel. Section 3. Said Act is further amended by striking section 6A, which reads as follows: Section 6A. The salaries specified in this Act are not absolute but are only base salaries which 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., in its entirety. 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 1975 session of the General Assembly of Georgia, a bill to amend an act placing the Sheriff of Bacon County on an annual salary, approved June 30, 1964. (Ga. L. 1964, Ex. Sess. p. 2213), as amended, so as to change the provisions

Page 4296

relating to the compensation of the Sheriff, Deputy Sheriffs, Jailer and Clerk of Bacon County and for other purposes. This 10th Day of February 1975. Bobby A. Wheeler, Representative, 152nd District. Paul W. Foster, Representative, 152nd District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul W. Foster who, on oath, deposes and says that he is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times which is the official organ of Bacon County, on the following dates: February 13, 20, 27, 1975. Paul W. Foster Representative, 152nd District. Sworn to and subscribed before me, this 4th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF TUNNEL HILLNEW CHARTERREFERENDUM. No. 411 (House Bill No. 1082). An Act to reincorporate the City of Tunnel Hill, Georgia, in the County of Whitfield; to create a new charter for said

Page 4297

city; to provide for definitions; to provide for city limits; to provide for corporate powers; to provide for the registration of electors; to provide for election of the mayor and councilmen; to provide that the mayor and four councilmen shall compose the city council; to provide that all corporate, legislative and other powers of the city, except as otherwise provided by this Act, shall be vested in the city council; to provide for the compensation and expenses of the mayor and councilmen; to provide that the mayor shall preside at meetings of the council and shall have certain other powers and duties; to provide for the election of a vice mayor by the council from its membership; to provide for the filling of vacancies in the office of mayor and councilmen; to provide for certain restrictions on councilmen; to provide that the office of councilman shall be declared vacant under certain circumstances; to provide for a city clerk; to provide for city legislation and the procedures connected therewith; to provide for rules and regulations; to provide for the organization of the city government; to provide for the administrative duties of the mayor; to provide for a city attorney; to provide for a recorder's court; to provide for the powers and jurisdiction of said court; to provide for certain officers and employees; to provide for official bonds; to provide that certain political activity shall be prohibited; to provide for penalties; to provide for the fiscal administration of said city and the procedures connected therewith; to provide that the city shall be authorized to levy a property tax; to provide a property tax for special assessments; to provide for disbursements by checks; to provide for an official depository; to provide for restrictions on actions for damages against the city; to provide that the council may use the provisions of general laws; to provide for the first election for mayor and councilmen and their initial terms of office; to provide the procedures connected with the foregoing; to provide for severability; 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:

Page 4298

ARTICLE I CHARTER, DEFINITIONS, CITY LIMITS AND CORPORATE POWERS Section 1.01. Reincorporation. This shall constitute the whole Act of the City of Tunnel Hill and shall repeal and replace the Act incorporating the Town of Tunnel Hill, approved January 26, 1850 (Ga. L. 1849-50, p. 92), as amended by an Act approved March 4, 1856 (Ga. L. 1855-56, p. 371), an Act approved December 20, 1892 (Ga. L. 1892, p. 183), an Act approved August 19, 1911 (Ga. L. 1911, p. 1602), an Act approved August 4, 1913 (Ga. L. 1913, p. 1365), and an Act approved March 21, 1968 (Ga. L. 1968, p. 2421). This Act shall constitute the whole charter of the City of Tunnel Hill, Georgia. The City of Tunnel Hill, Georgia, in the County of Whitfield, and the inhabitants thereof, are hereby constituted and declared a body politic and corporate by the name and style of the City of Tunnel Hill, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1.02. Definitions. As used in this Act, the following words and terms shall have the following meanings: (a) City shall mean the City of Tunnel Hill, Georgia. (b) Councilman shall mean a person elected to the city council as provided in this Act. Member of the council shall mean the mayor and each councilman. (c) Nonpartisan shall mean without any designation of candidates and members or candidates of any state or national political party or organization. (d) At large shall mean the entire city, as distinguished from representation by wards or other districts. (e) Public way shall mean any land used by the public as a passage way, including but not limited to streets, roads,

Page 4299

highways, expressways, freeways, boulevards, avenues, parkways, alleys, lanes, sidewalks, walks, bridges, viaducts, subways, underpasses, tunnels and other thoroughfares, and including the rights-of-way of such public ways. (f) Code shall mean any publication or compilation of rules, regulations, specifications, standards, limitations, or requirements by an agency of the Federal or State government, or by a municipality, or by a trade association or other organization generally recognized as an authority in its field of activity. (g) Agency shall mean any office, court, utility, board, commission, institution, or other organization in charge of or administering any public function or municipal affair of the city. (h) Officer shall mean and include the mayor, councilmen, city judge, member of boards and commissions, and any other persons classified as public officers by the laws or judicial decisions of this State. An officer as herein defined shall fill an office, and an employee shall fill a position of employment. (i) Elector shall mean a person residing within the city who is qualified to vote therein. (j) The masculine shall include the feminine, and the singular shall include the plural and vice versa. (k) The word shall is mandatory; may is permissive. Section 1.03. Corporate limits. The corporate limits of the City of Tunnel Hill shall be as follows: All that tract or parcel of land lying and being in Land Lots 322, 323, and 324 of the 11th District and 3rd Section of Whitfield County, Georgia, and in Land Lots 1, 2, 3, 36, 37, 38, 39 and 40 of the 12th District and 3rd Section of Whitfield County, Georgia, and in Land Lots 18, 19, 20, 53 and 54 of the 27th District and 3rd Section of Whitfield County, Georgia, and in Land Lot 307 of the 28th District

Page 4300

and 3rd Section of Whitfield County, Georgia, and being more particularly described in a plat by Norman B. DeLoach, Registered Surveyor, dated December 31, 1974 and revised February 24, 1975, as follows: BEGINNING at the northwest corner of said Land Lot 323 of the 11th District and 3rd section of Whitfield County, Georgia, thence north 89 degrees 37 minutes east along the north line of said Land Lot and the north line of Land Lot 322 of the 11th District and 3rd Section of Whitfield County, Georgia, a distance of 3,754.48 feet to the eastern right-of-way of Interstate Highway 75; thence south 74 degrees 41 minutes east a distance of 134.5 feet to a right-of-way marker; thence south 48 degrees 18 minutes east along the eastern right-of-way of said Interstate a distance of 730.35 feet to a right-of-way marker; thence continuing along the eastern right-of-way of Interstate Highway 75 south 69 degrees 36 minutes east a distance of 720.7 feet to a right-of-way marker; thence south 26 degrees 19 minutes west a distance of 668.12 feet; thence south 18 degrees 43 minutes west a distance of 271.35 feet; thence southerly along a curve having a delta angle of 4 degrees 8 minutes and a radius of 4,160.01 feet a distance of 299.87 feet; thence along the center line of Bonafacious Road the following courses and distances: south 14 degrees 35 minutes west a distance of 388.95 feet; thence southerly following a curve in said center line having a delta angle of 9 degrees 12 minutes and a radius of 1,864.23 feet a distance of 299.35 feet; thence along said center line south 5 degrees 23 minutes west a distance of 420.46 feet; thence southerly along a curve in said center line having a delta angle of 9 degrees 19 minutes and a radius of 1,840.57 feet a distance of 299.34 feet; thence along said center line south 3 degrees 56 minutes east a distance of 86.82 feet; thence southerly along a curve in said center line having a delta angle of 20 degrees 14 minutes and a radius of 700.54 feet a distance of 247.40 feet; thence along said center line south 16 degrees 18 minutes west a distance of 161.31 feet; thence southerly along a curve in said center line having a delta angle of 9 degrees 41 minutes and a radius of 1,475.20 feet a distance of 249.40 feet; thence along said center line south 6 degrees 37 minutes west a distance of 47.26 feet; thence southerly

Page 4301

along a curve in said center line having a delta angle of 4 degrees 39 minutes and a radius of 2,466.17 feet a distance of 199.89 feet; thence along said center line south 1 degree 58 minutes west a distance of 122.11 feet; thence southerly along a curve in said center line having a delta angle of 20 degrees 44 minutes and a radius of 820.10 feet a distance of 296.72 feet; thence along said center line south 22 degrees 42 minutes west a distance of 71.60 feet; thence southerly along a curve in said center line having a delta angle of 2 degrees 23 minutes and a radius of 4,821.85 feet a distance of 199.97 feet; thence along said center line south 20 degrees 19 minutes west a distance of 202.40 feet; thence southerly following a curve in said center line having a delta angle of 4 degrees 52 minutes and a radius of 1,762.98 feet a distance of 149.91 feet; thence along said center line south 15 degrees 27 minutes west a distance of 149.94 feet; thence southerly following a curve in said center line having a delta angle of 16 degrees 49 minutes and a radius of 1,014.79 feet a distance of 297.84 feet; thence southerly following a curve in said center line having a delta angle of 14 degrees 6 minutes and a radius of 1,081.53 feet a distance of 266.27 feet; thence along said center line south 12 degrees 44 minutes west a distance of 465.19 feet to the center line of Mt. View Road; thence following the center line of said Mt. View Road the following courses and distances: south 64 degrees 28 minutes west a distance of 245.75 feet; thence southwesterly following a curve in the center line of said road having a delta angle of 38 degrees 11 minutes and a radius of 346.66 feet a distance of 231.05 feet; thence along said center line south 26 degrees 16 minutes west a distance of 339.21 feet; thence southwesterly following a curve in said center line having a delta angle of 85 degrees 07 minutes and a radius of 272.24 feet a distance of 404.46 feet; thence along said center line north 68 degrees 36 minutes west a distance of 154.48 feet; thence westerly following a curve in said center line having a delta angle of 8 degrees 29 minutes and a radius of 756.76 feet a distance of 111.95 feet to the east line of Land Lot 37 of the 12th District and 3rd Section of Whitfield County, Georgia; thence south 00 degrees 25 minutes east along the east line of said Land Lot a distance of 1,013.79 feet to the northeast corner of Land Lot 40 of the 12th District and 3rd Section of Whitfield County, Georgia; thence south 00 degrees

Page 4302

25 minutes east along the east line of said Land Lot 40 a distance of 981.58 feet to the center line of the L N Railroad; thence north 80 degrees 41 minutes west along the center line of said railroad a distance of 1,909.64 feet to the center line of Tan Yard Creek; thence following the meanderings of said creek along the center line of said creek in a southerly and westerly direction a distance of 2,550 feet more or less to its intersection with the center line of U.S. Highway 41; thence continuing along the center line of said creek following its meanderings in a westerly and northerly direction a distance of 4,200 feet more or less to the center line of Dogwood Road; thence following the center line of said road the following courses and distances: easterly along the center line of said road following a curve having a delta angle of 29 degrees 2 minutes and a radius of 386.13 feet a distance of 195.70 feet; thence along said center line north 82 degrees 32 minutes east a distance of 149.30 feet; thence easterly along said center line following a curve having a delta angle of 18 degrees 56 minutes and a radius of 599.72 feet a distance of 198.18 feet; thence along said center line south 78 degrees 32 minutes east a distance of 1,097.67 feet to the west line of Land Lot 39 of the 12th District and 3rd Section of Whitfield County, Georgia; thence north 00 degrees 35 minutes east along the west lines of Land Lots 39 and 38 of the 12th District and 3rd Section of Whitfield County, Georgia, a distance of 63.45 feet to the center line of the aforementioned railroad; thence north 00 degrees 35 minutes east along the west line of said Land Lot 38 a distance of 798.24 feet to the center line of West School Street; thence north 84 degrees 57 minutes west along the center line of said street a distance of 404.29 feet to the center line of Midway Road; thence north 06 degrees 01 minute west along the center line of said Midway Road a distance of 218.41 feet; thence northerly along a curve in the center line of said Midway Road having a delta angle of 8 degrees 9 minutes and a radius of 1,403.21 feet a distance of 199.66 feet; thence north 14 degrees 10 minutes west along the center line of said Midway Road a distance of 976.30 feet; thence northwesterly along a curve in the center line of said Midway Road having a delta angle of 77 degrees 19 minutes and a radius of 93.74 feet a distance of 126.49 feet; thence south 88 degrees 30 minutes west along the center

Page 4303

line of said Midway Road a distance of 92.40 feet to the center line of Center Road; thence north 00 degrees 27 minutes west along the center line of said Center Road a distance of 305.87 feet to the center line of Campbell Road; thence south 89 degrees 55 minutes east along the center line of said Campbell Road a distance of 428.63 feet to the center line of North Lakeshore Drive; thence north 14 degrees 55 minutes west a distance of 260.02 feet along the center line of said North Lakeshore Drive; thence northerly following a curve in the center line of said drive having a delta angle of 16 degrees 28 minutes and a radius of 1,382.73 feet a distance of 397.24 feet; thence along the center line of said drive north 01 degree 33 minutes east a distance of 743.89 feet; thence northerly following a curve in the center line of said drive having a delta angle of 4 degrees 00 minutes and a radius of 4,289.11 feet a distance of 299.88 feet; thence along the center line of said drive north 5 degrees 33 minutes east a distance of 246.10 feet; thence northerly following a curve in the center line of said drive having a delta angle of 2 degrees 50 minutes and a radius of 5,066.68 feet a distance of 249.95 feet; thence along the center line of said drive north 8 degrees 23 minutes east a distance of 225.18 feet; thence northeasterly following a curve in said center line having a delta angle of 16 degrees 5 minutes and a radius of 2,258.16 feet a distance of 239.77 feet; thence along said center line north 14 degrees 28 minutes east a distance of 244.07 feet to the center line of U. S. Highway 41; thence north 16 degrees 37 minutes west along the center line of said U. S. Highway 41 a distance of 461.35 feet to the northerly right-of-way of a Georgia Power Company right-of-way; thence north 17 degrees 17 minutes west along the center line of said U. S. Highway 41 a distance of 1,495.56 feet; thence northwesterly following a curve in the center line of said highway having a delta angle of 9 degrees 39 minutes and a radius of 3,540 feet a distance of 596.22 feet; thence along said center line north 26 degrees 24 minutes west a distance of 80.45 feet to the north line of Land Lot 307 of the 28th District and 3rd Section of Whitfield County, Georgia; thence south 89 degrees 52 minutes east along the north line of said Land Lot 307 a distance of 1,136.69 feet to the northwest corner of Land Lot 324 of the 11th District and 3rd Section of Whitfield County, Georgia;

Page 4304

thence north 85 degrees 48 minutes east along the north line of said Land Lot 324 a distance of 2,632.10 feet to the northwest corner of Land Lot 323 of the 11th District and 3rd Section of Whitfield County, Georgia and the point of beginning. 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. (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 should said tax not be paid when due. (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 matter of national or state interest. (d) To acquire, dispose of and hold in trust or otherwise any real, personal or mixed property, inside or outside the city. (e) To condemn property, inside or outside the city, for present or future use, under section 36-202 of the Code of Georgia of 1933, or under other applicable public acts. (f) To acquire, operate and dispose of public utilities, subject to the provisions of applicable general laws. (g) To grant franchises or make contracts for public utilities and public services, not to exceed a period of twenty (20) 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. (h) To regulate the rates and services of public utilities

Page 4305

insofar as not in conflict with such regulation by the State Railroad and Public Utilities Commission or other similar State or Federal agency having jurisdiction in such matters. (i) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment, airports, hospitals, and charitable, educational, recreational, athletic, 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 of 1933 or other applicable public acts. (j) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots of lands. A real estate owner shall be liable for any injury or damage sustained by reason of a defective sidewalk 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 (10) 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. (k) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (l) To provide for the collection and disposal of garbage, rubbish and refuse. Charges may be imposed to cover the costs of such services which, if unpaid, shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. (m) To define, regulate and prohibit any act, practice, conduct, or use of property, detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience or general welfare of inhabitants of the city.

Page 4306

(n) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness and safety of inhabitants of the city, and to provide for the enforcement of such standards. (o) To regulate and license weights and measures. (p) To provide that persons given jail sentences in the recorder's court shall work out such sentences on the streets or any public works of the city or in a city workhouse established for this purpose, as provided by ordinance; or the council may provide for the commitment of city prisoners to the county workhouse or jail by agreement with the appropriate county officers. (q) 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. (r) To order any railroad operating within the city to construct viaducts or underpasses to eliminate grade crossings or to pave and maintain grade crossings in a smooth and safe condition. The city shall pay the costs of constructing approaches to the railroad's right-of-way line. Each day's failure of the railroad to comply with such an order, after a reasonable time has elapsed, shall be a misdemeanor and a separate offense and shall be punished by a fine not to exceed fifty dollars ($50.00) in the recorder's court for each offense. If the railroad refuses to do such work, the city may have the work done and may collect the cost thereof from the railroad by the use of all legal and equitable remedies available under the law. (s) To regulate and license vehicles operated for hire in the city, to limit the number of such vehicles, to require the operators thereof to be licensed, to require public liability insurance of such vehicles in amounts prescribed by ordinance, and to regulate and rent parking spaces in public ways for the use of such vehicles.

Page 4307

(t) To levy and provide for the collection of special assessments for public improvements. (u) To provide that the violation of any ordinance, rule, regulation or order shall be punishable as a misdemeanor. (v) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals and general welfare of the city and its inhabitants, and all implied powers necessary to carry into execution all powers granted in the Act as fully and completely as if such powers were fully enumerated herein. No enumeration of particular powers in this Act shall be held to be exclusive of others nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to cities under the Constitution or applicable public acts of the State. Section 1.05. Ordinances. 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 said mayor and councilmen of said city. ARTICLE II REGISTRATION OF ELECTORS, CITY COUNCIL, ELECTIONS Section 2.01. Registration of electors. Any qualified and registered elector who has resided within the corporate limits of the City of Tunnel Hill at least 30 days immediately preceding any city election shall be deemed to be a qualified and registered elector of the City of Tunnel Hill for any such election. Section 2.02. Election of mayor and councilmen. Any qualified elector of the City of Tunnel Hill who is at least 18 years of age may be qualified as a candidate for mayor or councilman by submitting to the city clerk a notice of his

Page 4308

candidacy at least thirty (30) days prior to the date of any city election. All city elections shall be nonpartisan and shall be conducted by the city election managers at the same hours and places for holding general elections and in accordance with the election laws of this State except as otherwise provided herein. All elections shall be by the qualified electors of the city at large, and all candidates for mayor and councilmen shall reside anywhere within the corporate limits of the City of Tunnel Hill. For the purposes of electing councilmen, positions of membership on the council shall be numbered as Posts 1 through 4, respectively. A candidate offering for election to the council shall designate by number that position on the council for which he offers as a candidate. Four councilmen shall be elected in the 1975 general election. Candidates who are elected to the office of councilman in the 1975 general election shall serve for initial terms of office as follows: Post No. 1one year. Post No. 2two years. Post No. 3three years. Post No. 4four years. Such candidates shall take office on the first Monday in January 1976 and shall serve until their successors are duly elected and qualified. Thereafter, successors to the initial councilmen shall be elected to terms of office of four years and until their successors are duly elected and qualified. Such successors shall take office on the first Monday in January following their election. In the general election in 1975 a mayor shall be elected to take office on the first Monday in January 1976, to serve for a term of office of four years and until his successor is duly elected and qualified. Thereafter, successors to the initial mayor shall likewise be elected for terms of office of four years and until their successors shall be elected and duly qualified. The municipal general election shall be held on the first Monday in December of each year. The terms of office of all

Page 4309

elected officials shall begin at 12:01 a.m. on the first Monday in January next following their election. The terms of office of all present mayor and councilmen of the city shall terminate and end at 12:01 a.m. on the first Monday in January following the election of their successors as herein provided. Section 2.03. City council. The mayor and four (4) 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 mayor and councilmen shall receive any actual and necessary expenses, but shall not be paid any salary as mayor or councilman. The council shall hold regular public meetings at a stated time and place, as provided by ordinance. The council shall meet in special session on written call of the mayor or any two (2) councilmen, which written call shall be served on the other members personally or left at their residences at least twelve (12) hours in advance of the meeting, but such notice of a special meeting shall not be required if the mayor and all councilmen are present when the special meeting is called. Only the business stated in the written call may be transacted at a special meeting, except by unanimous consent 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. The council may subpoena and examine witnesses, order the production of books and papers, and have the same power as a superior court, to punish for refusal to obey such an order or subpoena or for disorderly or contemptuous behavior in the presence of the council. Section 2.04. Mayor as presiding officer. 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

Page 4310

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 biennial election, shall elect, from its membership, a vice mayor for a term of two (2) years. In the event that no decision is reached at such first regular meeting, the council shall, within five (5) ballots to be taken within ten (10) 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 (6) months so as to prevent him from discharging the duties of his office, or is convicted of malfeasance or misfeasance in office, or felony, a violation of this Act or a violation of the election laws of the State. The council shall appoint a qualified person to fill such a vacancy for the remainder of the unexpired term. If a tie vote by the council to fill a vacancy is unbroken for fifteen (15) days, the mayor or vice mayor in case of a vacancy in the office of mayor, shall appoint a qualified person to fill the vacancy. At no time shall there be more than two (2) members so appointed holding office, and if a vacancy occurs with two (2) members so appointed on the council, a special election shall be held by the city election managers on the eighth Wednesday following occurrence of the vacancy, at which election a mayor or councilman, as the case may be, shall be elected to serve the remainder of the unexpired term of the vacant office; provided that no such election shall be held if a regular annual election will occur within six (6) months. Candidates in such a special election shall be nominated as provided in section 2.01 of this Act.

Page 4311

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 and council shall appoint a city clerk who shall be responsible for keeping and preserving the city seal and all records of the council, including all tax records; attending meetings of the council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the title of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by ordinance; receiving and collecting taxes and other monies; and performing such other duties as may be required by the council or mayor. The mayor and council shall fix the compensation of the city clerk. Section 2.09. Official city newspaper. The council, by resolution, shall designate a newspaper of general circulation 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. Each

Page 4312

motion, resolution and ordinance shall be in written form before being introduced. The affirmative vote of at least three (3) members of the council shall be required to pass any motion, resolution or ordinance, including two (2) readings in the case of an ordinance. Each ordinance, before being adopted, shall be read at two meetings not less than one week apart, and shall take effect ten (10) days after its adoption, except that, where an emergency exists and the public safety and welfare require it, an ordinance containing a full statement of the facts and reasons for the emergency may be made effective upon its adoption if approved by at least four (4) members of the council on two readings on successive days. No ordinance relating to a franchise, exclusive contract, or other special privilege shall be passed as an emergency ordinance. Amendments of ordinances and resolutions or parts thereof shall be accomplished only by setting forth the complete sections or subsections in their amended form. A code may be adopted by an ordinance which contains only a reference to its title, date and issuing organization, and the city clerk shall file a copy of the code in his office. The city shall furnish a copy of any such code to any person for a reasonable fee. After adoption of a code or ordinances, as provided in section 2.11 of this Article, the city clerk shall number ordinances consecutively in the order of their final adoption and shall copy them into a permanent record book used solely for this purpose and the city clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions and motions shall be filed and preserved by the city clerk. An abstract of the essential provisions of each ordinance shall be published once in the official city newspaper within ten (10) days after its adoption, except that only the title shall be so published of a code adopted by reference as provided in this section. Section 2.11. Codification of ordinances. Within three (3) years after this Act becomes effective, there shall be prepared, under the direction of the mayor and with the advice of the city attorney, a codification of all ordinances and resolutions having a regulatory effect or of general application which are to be continued in force. Existing ordinances

Page 4313

and resolutions may be revised, amended, and consolidated in making the codification, which shall then be adopted as a single ordinance to be known and cited as the Official Code of the City of Tunnel Hill, Georgia; and thereupon all ordinances and resolutions in conflict therewith shall be repealed. The ordinance containing the code need not be published in a newspaper, either in full or in part or in abstracted form, but a notice of its adoption shall be published once in the official city newspaper. The code shall be reproduced in looseleaf form and shall be made available to any person desiring a copy, for which a reasonable fee may be charged. An additional annual fee may be charged for furnishing revisions currently. After adoption of the code, each ordinance shall be adopted as a numbered section or sections of the code, as amending existing sections or adding new sections. Such new ordinances shall be reproduced to replace existing pages (with instructions to destroy existing pages) or to be added to the code, and shall be distributed to city officials and employees having copies of the code and to other persons who have paid the annual fee for current revisions. Notes shall be inserted at the end of amended or new sections, referring to the date and numbers of ordinances making the amendments or adding the new sections, and such references shall be cumulative if a section is amended more than once in order that the current copy of the code will contain references to all ordinances passed since the adoption of the original code. Section 2.12. Rules and regulations. The council may, by ordinance, authorize officers and agencies of the city to promulgate formal rules and regulations within their respective jurisdictions, subject to such restrictions and standards of guidance as the council may prescribe. No such formal rule or regulation shall take effect until it is filed with the city clerk, who shall file and preserve the original copy in his office. Such rules and regulations shall be included as a separate section of the official code and shall be reproduced and distributed in looseleaf form, as required by section 2.11. Amendments of such rules and regulations shall be accomplished only by setting forth complete sections or subsections in their amended form.

Page 4314

ARTICLE III ORGANIZATION AND PERSONNEL Section 3.01. Organization. The city government may be organized into a Department of General Government, Department of Parks and Recreation, Police Department, Fire Department and Department of Public Works, unless and until otherwise provided by ordinance, but no such ordinance shall be adopted until after the council has received and considered the written recommendations of the mayor. The council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city, may provide that the same person shall fill any number of offices and positions of employment and may transfer or change the functions and duties of offices, positions of employment, departments and agencies of the city, subject to the following exceptions: (a) The number of members and authority of the council, as provided in this Act, shall not be changed. (b) All officers and employees of the city, except as otherwise specifically provided in this Act, shall be appointed and removed by and shall be under the direction and control of the mayor. (c) The office of mayor shall not be abolished, nor shall his powers, as provided in this Act, be reduced. Section 3.02. Administrative duties of mayor. The mayor shall be the executive head of the city government, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city, and the city attorney shall take such legal actions as the mayor may direct for such purposes. He shall have authority to appoint, promote, demote, transfer, suspend and remove all officers and employees except that any fulltime employee of the city shall be approved by the mayor and council, and to direct and control their work, except as otherwise provided in this Act. He shall submit to the council

Page 4315

annual budgets, reports, and such other information as he may deem necessary or the council may require. He shall have authority to make allotments of funds within the limits of appropriations approved by the mayor and council. If no other employee is designated as purchasing agent he shall act as purchasing agent for the city. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such other powers and duties as may be provided by ordinances not inconsistent with this Act. 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 party, may be the prosecuting officer in the recorder's court, may attend all meetings of the council, shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs, shall approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, and motions prescribed by the council or mayor. Section 3.04. Creation. There is hereby established a court to be known as the Recorder's Court of the City of Tunnel Hill 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 also to punish any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City of Tunnel Hill constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions of forfeiture of the same; and to administer oaths and perform all other acts

Page 4316

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 time as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the council. Section 3.05. Recorder. (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of twenty-one (21) years, shall be qualified to vote in Tunnel Hill, and Whitfield County, and shall have resided therein at least one (1) year immediately preceding his election. The recorder shall be appointed by the mayor and council, and shall serve at the discretion of the mayor and council. The compensation of the recorder shall be fixed by the mayor and council. Nothing herein shall disqualify the mayor or any councilman from serving as recorder or recorder pro tem. (b) Before entering on duties of his office, the recorder shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council. Section 3.06. Jurisdiction. The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Tunnel Hill passed in accordance with this Act, in an amount not to exceed two hundred ($200.00) dollars, to imprison offenders for a period of not more than sixty (60) days, or sentence offenders to labor on the roads and streets or other public works of said city for not more than sixty (60) days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of one hundred ($100.00) dollars or imprisonment not exceeding twenty (20) days; or any combination of the two. He shall be to all intents and purposes a justice

Page 4317

of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Tunnel Hill, which warrants may be executed by any officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal 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 Tunnel Hill. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors and recorders, and police courts, and particularly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths. Section 3.07. Right of Appeal. The right of appeal to the Superior Court of Whitfield County from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals from the Probate Court. An appeal to the Superior Court shall be a de novo proceeding. Section 3.08. Court Costs. In all cases in the recorder's court of the City of Tunnel Hill, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State, or the city council may establish a schedule of fees to defray the costs of operation and the city shall be entitled to reimbursement of the costs, meals, transportation, and caretaking of prisoners bound over to the Superior Court for violations of State law. The council may also provide a uniform scale of costs of the clerk and police officers of said city for all services in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury. The recorder, or the city clerk in the recorder's name, is hereby authorized to issue subpoenas to compel the attendance of

Page 4318

witnesses to said recorder's court, and to issue such other processes as may be necessary to the proper administration of said court. Section 3.09. Rules for Court. With the approval of the council, the recorder shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the business of said court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures for the operation of the Superior Courts under the general laws of the State of Georgia. Section 3.10. 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 2.12 of this Act, but in any event the mayor may require officers and employees of the city, except those appointed by and accountable to the council, to perform such additional duties as may be considered necessary by him for the proper and efficient conduct of the city's affairs. Public utilities owned or operated by the city may be under the supervision of the mayor and employees appointed by him, or may be under boards or commissions appointed by and answerable to the council, as provided by ordinance. The salaries of all employees of the city shall be fixed by ordinance under a pay plan applying uniformly to all employees having similar responsibilities and doing like work. Section 3.11. 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 (30) days or removing an employee, the

Page 4319

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 (10) days, with the city clerk written notice of his intention to do so. The personnel board shall be composed of three (3) members appointed by the council for three-year terms, except that of the first appointees, one shall be for a term of one (1) year and one shall be for a term of two (2) years. The personnel board shall elect a chairman from its membership and shall adopt rules governing conduct of its business. The decisions of the personnel board in cases of such appeals by employees shall be final. Section 3.12. 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,....., do solemnly swear and/or affirm that I 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 Tunnel Hill and that I will faithfully discharge the duties of the office of...... Section 3.13. 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 3.14. Political activity prohibited. No officer or

Page 4320

employee of the city, other than the mayor, councilmen, city attorney and recorder's court judge shall continue in the employment of the city after becoming a candidate for nomination or election to any public office. No person shall directly or indirectly give, render, or pay any money, service or other valuable consideration to any person for, or on account of, or in connection with, any test, appointment, proposed appointment, promotion, or proposed promotion to any office or position of the city government. No person shall orally, by letter, or otherwise solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose from any officer or employee of the city. An officer or employee of the city, other than the mayor and councilmen, shall not make any contribution to the campaign funds of any candidate in any city election, and shall not take any part in the management, affairs or political campaign of any city election, other than in the exercise of his rights as a citizen to express his opinions and to cast his vote. Any person who by himself or with others willfully or corruptly violates any provision of this section shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not more than two hundred and fifty ($250.00) dollars, 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 (5) 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 3.15. 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 or concessions from any person or company, except that free transportation may be provided to policemen and firemen on official duty.

Page 4321

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 end on the 31st day of December next, but another fiscal year may be fixed by ordinance for the entire city government or for any utility. Section 4.02. Mayor to submit annual budget. Commencing for the year 1976, and years thereafter, on or before a date fixed by the council but not later than forty-five (45) days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed budget for the next fiscal year, showing separately for the general fund, each utility, and each other fund the following: (a) Revenue and expenditures during the preceding fiscal year. (b) Appropriations and estimated revenue and expenditures for the current fiscal year. (c) Estimated revenue and recommended expenditures for the next fiscal year. (d) A comparative statement of the assets, liabilities, reserves and surplus at the end of the current fiscal year. (e) Such other information and data, such as work programs and unit costs, in justification of recommended expenditures, as may be considered necessary by the mayor or requested by the council. The mayor may recommend and estimate additional revenue measures, providing such estimates are separated clearly from normal revenue estimates. A sufficient number of copies of the budget in full shall be filed with the council and furnished to each councilman. Section 4.03. Public hearing. After receiving the budget from the mayor, the council shall fix a time and place for a public hearing thereon and shall cause a public notice thereof

Page 4322

to be published once in the official city newspaper at least ten (10) days in advance of the date of the hearing. The public hearing shall be held before the council at the stated time and place, and all persons present shall be given an opportunity to be heard. Section 4.04. Action by council on budget. After the public hearing and before the beginning of the ensuing fiscal year the council shall adopt an appropriation ordinance, based on the mayor's budget with such modifications as the council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department and agency. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property or lives of the inhabitants of the city; providing the council unanimously agrees there is such an emergency. If emergency conditions prevent the adoption of an appropriation ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided in this section. Amendments may be made to the original appropriation ordinance at any time during a current fiscal year after a public hearing before the council on five (5) days' notice published once in the official city newspaper, provided that increased appropriations may be made only after the mayor has certified in writing that a sufficient amount of unappropriated revenue will be available, except for emergency appropriations as provided above. Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation. 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.

Page 4323

Section 4.05. 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 4.06. Centralized purchasing. All contracts and purchases, except those that may be reserved to the council by ordinance, shall be made by the city purchasing agent, who shall be the mayor or an employee appointed by him. Any expenditure or contract for more than five hundred ($500.00) dollars shall be made only after publication, advertisement and competition by sealed bids, as prescribed by ordinance and an award shall be made to the lowest and best bidder; provided that bids need not be required for professional services or for services for which the rates or prices are regulated by public authority. Competition by bids shall not be required for the purchase of equipment, materials or supplies from any other governmental agency. Section 4.07. Sale of city property. The mayor with the approval of the council may sell any city property which is obsolete, surplus or unusable, if the proceeds do not exceed five hundred ($500.00) dollars, without taking bids, but sealed bids shall be taken or a public auction shall be held for any sale producing more than five hundred ($500.00) dollars; provided that any sale for more than one thousand ($1,000.00) dollars or any sale of real estate shall be subject to approval by the council. Section 4.08. 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, and shall prepare a summary of the report which shall be published once in the official city newspaper. Section 4.09. Property taxes. All property subject to

Page 4324

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. The council shall use one hundred (100%) percent of the county assessment. Section 4.10. Tax levy. The council shall make a tax levy not exceeding that allowed by law, expressed as a fixed rate per one hundred ($100.00) dollars, of assessed valuation, and if no tax levy is made within ninety (90) days prior to the tax due date, the property tax rate in effect the last fiscal year shall continue in effect as the tax rate for the new fiscal year. Section 4.11. Tax due dates and tax bills. The due dates of property taxes shall be fixed by ordinance. 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 (30) days after the due date, at which time a penalty of five (5%) percent shall be added, and thereafter such taxes shall be subject to interest at the rate of one-half of one percent (1/2 of 1%) for each month or fraction thereof until paid. On and after the date when such taxes become delinquent, the tax records of the city shall have the force and effect of a judgment of a court of record. Section 4.12. Collection of delinquent taxes. The council may provide by ordinance for the collection of delinquent taxes by distress warrants issued by the mayor for the sale of goods and chattels to be executed by any police officer of the city under the laws governing execution of such process from a justice of the peace, or by the county trustee as provided by general law, or by the city attorney acting in accordance with general laws providing for the collection of delinquent city and/or county taxes, or by any two or more of the foregoing methods, and by the use of any available legal processes and 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

Page 4325

superior to all other liens except that it shall have equal dignity with those for federal, State or county taxes. Section 4.13. Special assessment. The city may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, sewers, or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty (30) days after their due dates and shall thereupon be subject to a penalty of five (5%) percent, and shall thereafter be subject to interest at the rate of one-half of one percent (1/2 of 1%) for each month or fraction thereof until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this Article for city property taxes. Section 4.14. Disbursements by checks. All disbursements shall be made by checks signed by the city clerk and countersigned by the mayor. Section 4.15. 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 dems 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 (60) 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 (60) days, the time limit for filing a claim shall be one hundred

Page 4326

and twenty (120) 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 fifty ($50.00) dollars, or by imprisonment not to exceed one (1) year, or by both such fine and imprisonment. Section 5.04. Severability. If any article, section, subsection, paragraph, sentence, or part thereof, of this Act shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Act unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Act that each article, section, subsection, paragraph, sentence, or part thereof, be enacted separately and independently of each other. Section 5.05. The mayor and councilmen serving as such upon the effective date of this Charter shall continue to serve as such until their successors shall be elected as provided for in section 2.02. Section 5.06. Not les 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 election superintendent of the City of Tunnel Hill to issue the call for an election for the purpose of submitting this Act to the electors of Whitfield County residing within that territory described within section 1.03 of this Act for approval or rejection. The superintendent 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 superintendent shall cause the date and purpose of the election

Page 4327

to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Whitfield County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act providing for a new charter for the City of Tunnel Hill be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, 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 Tunnel Hill. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 5.07. Effective date. This Act shall become effective upon its approval by the Governor or upon it becoming law without his approval. Section 5.08. 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 1975 Session of the General Assembly of Georgia, a bill to create a new charter for the City of Tunnel Hill, Georgia, and for other purposes, being an Act to amend and replace an Act of the General Assembly of Georgia, approved by Ga. L. 1849-1850, p. 92; Ga. L. 1855-1856, p. 371; Ga. L. 1892, p. 183, Ga. L. 1911, p. 1602; Ga. L. 1913, p. 1213; and the Acts amendatory thereof; said Act to describe corporate limits; provide for municipal government; provide for municipal officials, their election or appointment,

Page 4328

term of office, salaries and duties; to provide for taxation of property, and to provide for other purposes. Gerald H. Leonard State Representative 3rd District Jack Cole State Representative 6th District, Post 1 R. L. Foster State Representative 6th District, Post 3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Gerald H. Leonard who, on oath, deposes and says that he is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen News which is the official organ of Whitfield County, on the following dates: January 10, 17, 24, 1975. /s/ Gerald H. Leonard Representative, 3rd District Sworn to and subscribed before me this 5th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF WINDERCHARTER AMENDEDELECTION PROVISIONS CHANGED, ETC. No. 412 (House Bill No. 1083). An Act to amend an Act to reincorporate the City of Winder in the County of Barrow, approved March 25, 1974 (Ga.

Page 4329

L. 1974, p. 3476), so as to provide for certain matters relative to the election of certain councilmen; to provide certain qualifications upon the ability of the mayor to succeed himself; to provide for the exercise of a veto over resolutions and ordinances by the mayor; to permit election of the recorder; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to reincorporate the City of Winder in the County of Barrow, approved March 25, 1974 (Ga. L. 1974, p. 3476), is hereby amended by striking section 2-1 thereof in its entirety and substituting a new section 2-1 in lieu thereof, to read as follows: Section 2-1. Establishment of City Government. The municipal corporation of the City of Winder and its corporate powers shall be vested in and exercised by a mayor and a council, consisting of two councilmen at large and one councilman from each ward of said city as now laid out, or as may hereafter be added, and also by officers, agents and employees under their authority, except when otherwise provided. Said mayor and council, as a body, shall be known as the `city council', and they shall hold office as hereinafter provided. The mayor and three of the councilmen, namely, one councilman at large and the councilmen for the second and fourth wards, shall be elected at the general election to be held in November, 1974, for election of the members of the General Assembly and at each such election every four years thereafter. The remaining councilman at large and the councilmen for the first and third wards shall be elected at the general election to be held in November, 1976, for election of the members of the General Assembly and at each such election every four years thereafter. The councilmen from the first and third wards and the councilman at large elected in January, 1974, shall continue in office until the first Thursday after the first Wednesday in January, 1976. Their successors shall be elected for a term of one year at a special election held for such purpose on the first Tuesday after the first

Page 4330

Monday in November, 1975. The councilmen elected to such one-year terms shall continue in office until the election and qualification of their successors as provided above. Thereafter, the terms of office of the mayor and council shall be four years and until their successors are elected and qualified. Each councilman, at the time of his election, must have been a resident of the ward from which he is so elected for at least six months prior to his election, but he shall be elected by a vote of the entire city. Section 2. Said Act is further amended by striking section 2-2 in its entirety and substituting in lieu thereof a new section 2-2 to read as follows: Section 2-2. 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 to be a qualified voter of said city, as prescribed by State law, and, except for the first election held under this charter, must have been a bona fide resident of the city for at least one year in the case of a councilman and two years in the case of the mayor next preceding the election in which he offers as a candidate. No person shall be eligible as 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. Any person may serve as mayor for any number of terms in office; provided, that no person shall serve as mayor more than two terms in immediate succession. Section 3. Said Act is further amended by striking section 2-5 in its entirety and substituting in lieu thereof a new section 2-5 to read as follows: Section 2-5. Powers and Duties of Mayor with Respect to Council. The mayor shall recommend such measures as he may deem necessary or expedient for the welfare of the city; may call the mayor and council together at any time when deemed necessary by him; shall preside at meetings of the mayor and council; shall have a vote only in the case of a tie vote by councilmen; shall sign ordinances and

Page 4331

resolutions on their final passage, other than ordinances and resolutions over which he exercises his veto; may exercise a veto over ordinances and resolutions within five (5) days after its passage by the council, which veto may be overriden by a vote of four members of the council at the next regular meeting of the mayor and council; 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 Act and duly adopted ordinances. Section 4. Said Act is further amended by striking section 6-1 in its entirety and substituting in lieu thereof a new section 6-1 to read as follows: Section 6-1. Creation. There is hereby established a court to be known as the `Recorder's Court, City of Winder', which shall have jurisdiction and authority to try offenses against laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance, and to punish also any person who may counsel or advise, aid, encourage, or 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; 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 recorder shall, as provided in the ordinances of said city, be either appointed by the mayor and council or elected at large by the electors of the city. Said court shall be convened at such times as designated by ordinance or at such

Page 4332

times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the mayor and council. Section 5. Said Act is further amended by striking sub-section (1) of section 6-2 in its entirety and substituting in lieu thereof a new subsection (1) to read as follows: (1) 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 Barrow County. The recorder in office on the effective date of this Act shall continue in office for the duration of his term and until the appointment, or election, and qualification of his successor. Such recorder may be reappointed or re-elected. The compensation of the recorder shall be fixed by the mayor and council. Recorder. Section 6. 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 1975 Regular Session of the General Assembly of Georgia a bill to make certain changes in the Charter of the City of Winder; and for other purposes. This 10th day of February, 1975. John Russell Representative, 64th 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 64th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published

Page 4333

in the Winder News which is the official organ of Barrow County, on the following dates: February 12, 19, 26, 1975. /s/ John Russell Representative, 64th District Sworn to and subscribed before me this 6th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF WINDERDUPLICATE CHARTER REPEALED. No. 413 (House Bill No. 1084). An Act to repeal an Act to reincorporate the City of Winder in the County of Barrow, approved March 22, 1974 (Ga. L. 1974, p. 3219), so as to eliminate one of two duplicate charters for said city enacted during the 1974 regular session of the General Assembly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to reincorporate the City of Winder in the County of Barrow, approved March 22, 1974 (Ga. L. 1974, p. 3219), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4334

Notice. Notice is hereby given that there will be introduced at the 1975 Regular Session of the General Assembly of Georgia a bill to repeal the duplicate charter of the City of Winder; and for other purposes. This 10th day of February, 1975. John Russell Representative, 64th 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 64th 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: February 12, 19, 26, 1975. /s/ John Russell Representative, 64th District Sworn to and subscribed before me this 6th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. RICHMOND COUNTY BOARD OF COMMISSIONERSCERTAIN PURCHASES AUTHORIZED WITHOUT BID. No. 414 (House Bill No. 1085). An Act to amend an Act providing for the purchase and sale of supplies and materials by the Board of Commissioners

Page 4335

of Richmond County, Georgia (Ga. L. 1958, p. 2986), as amended, (Ga. L. 1974, p. 2774), so as to provide that the Board of Commissioners of Richmond County, Georgia, shall be allowed to purchase any goods, materials or supplies used by Richmond County in its governmental affairs without bid or legal advertisement when the cost of same does not exceed $1,500.00; that the Board of Commissioners shall be allowed to obtain written quotations without legal advertisement on purchases between $1,500.00 and $3,000.00; that the Board of Commissioners in all other instances, with the exceptions provided herein, shall, before purchasing any goods, materials or supplies to be used by Richmond County, advertise for bids once a day for three days within a ten-day period in the legal gazette for Richmond County if the cost exceeds $3,000.00; that the Board of Commissioners shall be allowed to approve purchases in the event of emergencies; that when Richmond County receives no bids that the Board of Commissioners be authorized to negotiate for the purchase of goods, materials and supplies needed; that Richmond County be allowed to purchase used equipment based on three written appraisals from recognized dealers in the subject equipment; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the purchase and sale of supplies and materials by the Board of Commissioners of Richmond County, Georgia (Ga. L. 1958, p. 2986), as amended, (Ga. L. 1974, p. 2774), is hereby amended by striking in its entirety section 1, and inserting in lieu thereof a new section 1 to read as follows: Section 1. The Board of Commissioners of Richmond County, Georgia, is hereby authorized to purchase any goods, materials or supplies of any nature, used by Richmond County in any of its governmental affairs, without bid and legal advertisement, when the cost of same does not exceed $1,500.00.

Page 4336

Section 2. Said Act is further amended by adding a new section, to be designated section 2, to read as follows: Section 2. The Board of Commissioners of Richmond County, Georgia, is hereby authorized to purchase any goods, materials or supplies of any nature, used by Richmond County in any of its governmental affairs, without bid and legal advertisement, by obtaining at least three (3) written quotations entered on the minutes of said Board, and retained for a period of at least two years, when the cost of said goods, materials or supplies is between $1,500.00 and $3,000.00. Section 3. Said Act is further amended by adding a new section, to be designated section 3, to read as follows: Section 3. With the exceptions provided hereinabove and hereinafter, the Board of Commissioners of Richmond County, Georgia, shall, in all other instances before purchasing any goods, materials or supplies to be used by Richmond County, or entering into any lease of equipment to be used by Richmond County, advertise for bids once a day for three days within a ten-day period in the legal gazette for Richmond County. Section 4. Said Act is further amended by adding a new section, to be designated section 4, to read as follows: Section 4. In the event the Board of Commissioners of Richmond County determines at an open meeting of which minutes are recorded, that an emergency exists, and there is an immediate need for goods, materials or supplies to relieve said emergency, the Board of Commissioners shall be allowed to approve purchases without bids in the event the Board has determined an emergency exists, but all such declarations of emergency shall be in strict accordance with applicable State law defining `emergency'. Emergency. Section 5. Said Act is further amended by adding a new section, to be designated section 6, to read as follows: Section 6. In the event the Board of Commissioners

Page 4337

of Richmond County receives no bids, the Board of Commissioners of Richmond County, Georgia, is hereby authorized to negotiate for the purchase of the goods, materials or supplies needed for the operation of its governmental affairs; provided, however, that any such negotiated bid shall be read one time in regular meeting held at least ten days prior to the acceptance or approval of such negotiated bid by the Board of Commissioners of Richmond County. Section 6. Said Act is further amended by adding a new section, to be designated section 7, to read as follows: Section 7. The Board of Commissioners of Richmond County is authorized to purchase used equipment for the operation of its governmental affairs based on three written appraisals from recognized dealers in the subject equipment. Said written appraisals together with the acceptance and approval shall be entered on the regular minutes of the Board of Commissioners of Richmond County at the time said Board considers the purchase of any used equipment; provided, however, no such purchase shall be consummated until after the written appraisal proposed to be adopted has been read one time in regular meeting held at least 10 days prior to the consummation of said purchase. Used equipment. Section 7. Should any section or provision of this Act be held unconstitutional and 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 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. Notice is hereby given there will be introduced at the regular 1975 Session of the General Assembly of Georgia,

Page 4338

an Act to amend Georgia Laws 1958, p. 2986, so as to provide that the Board of Commissioners of Richmond County, Georgia, shall, before purchasing any goods, materials, or supplies, to be used by Richmond County, shall advertise for bids once a day for three consecutive days in the legal gazette for Richmond County when the cost exceeds $1,500.00; that the Board of Commissioners shall be allowed to obtain written quotations without legal advertisement on purchases between $1,500.00 and $3,000.00; that the Board of Commissioners be allowed to approve purchases in the event of emergencies; that no bids be required on repairs to equipment of Richmond County; that when Richmond County receives no bids that the County be authorized to negotiate for the purchase of the goods, materials or supplies needed; that Richmond County be allowed to purchase used equipment based on three written appraisals from recognized dealers in the subject equipment; and for other purposes. This 16th day of December, 1974. 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 January 11, 18 and 25, 1975. /s/ William S. Morris, III, President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia

Page 4339

Sworn to and subscribed before me, this 29th day of January, 1975. /s/ E. Arlyene Armstrong Notary Public, Richmond County Georgia. My Commission Expires Feb. 19, 1977. (Seal). Approved April 17, 1975. PEACH COUNTY SHERIFFBUDGET ARBITRATION PROVISIONS CHANGED. No. 415 (House Bill No. 1091). An Act to amend an Act placing the Sheriff of Peach County upon an annual salary in lieu of the fee system of compensation, approved March 27, 1965 (Ga. L. 1965, p. 2783), so as to change the provisions relating to arbitration concerning budget disputes; to provide 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 Peach County upon an annual salary in lieu of the fee system of compensation, approved March 27, 1965 (Ga. L. 1965, p. 2783), 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. In the event the governing authority of Peach County shall refuse or fail to approve the budget or in case of a disagreement arising between said officer and the governing authority over the salaries, the sheriff shall be authorized to appeal to the Grand Jury of Peach County. Said grand jury shall then fix the disputed salary or salaries and all other matters included in said appeal. The determination made by said grand jury shall be final. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 4340

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 1975 Session of the General Assembly of Georgia a bill to be entitled An Act to Amend Ga. L. 1965, p. 2783, so as to change the provisions relating to arbitration concerning budget disputes between the Sheriff of Peach County and the governing authority of Peach County, and for other purposes. Bryant Culpepper State Representative District 98 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bryant Culpepper 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 Leader Tribune which is the official organ of Peach County, on the following dates: February 13, 20, 27, 1975. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 4th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4341

EMANUEL COUNTY SMALL CLAIMS COURT CREATED. No. 416 (House Bill No. 1093). An Act to create and establish a Small Claims Court in and for Emanuel 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 Emanuel 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

Page 4342

the powers granted to justices of the peace by the laws of the State of Georgia. Created. Section 2. Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Emanuel 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. 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 Emanuel 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. 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.

Page 4343

(a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only within the county. Said service shall be made by any official or person authorized by law to serve process in the superior court, by a duly qualified bailiff of the Small Claims Court, by registered or certified mail with receipt, or by any person not a party to, or otherwise interested in, the suit, who is specially appointed by the judge of said court for that purpose. (b) When notice is to be served by registered or certified mail, the clerk or the judge shall enclose a copy of the statement of claim, the verification and the notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting the date and hour of mailing on the record. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned 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.

Page 4344

(e) The plaintiff shall be entitled to judgment by default, without further proof, upon the failure of the defendant to appear, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall include the date, hour and location of the hearing, which date shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered or certified mail, the date of mailing shall be the date of service. Section 7 . A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. Docket. Section 8 . (a) The plaintiff, when he files his claims, 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

Page 4345

set. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on its merits. Trial. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law. All rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear the suit may be dismissed for want of prosecution, the defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear the judge may continue the case, order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10 . If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part thereof to offset the claim of the plaintiff. 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. Partial payments. 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

Page 4346

may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The judge of the Superior Court of Emanuel County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and shall have power to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 14. The judge of said Small Claims Court shall have the power to appoint one or more bailiffs of and for said Small Claims Court, to act within and throughout the limits of the county. Such bailiffs shall serve at the pleasure of the judge and under his direction. Any person so appointed shall be known and designated as Small Claims Court Bailiff and shall have the powers and authority, and shall be subject to the penalties, of lawful constables of the State of Georgia, including the power to serve any and all summons and writs issued from or by said Small Claims Court. Said bailiffs shall also have the power to make levies, conduct judicial sales, and account therefor, in the manner of lawful constables. Within five days following their appointment, all such bailiffs shall take and subscribe the oath of office prescribed in Code section 24-804 and give the bond prescribed in Code section 24-811. Such bailiffs shall be subject to removal from office for failure of duty or malfeasance in office, as are other lawful constables 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.

Page 4347

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. Small Claims Court of Emanuel County

Page 4348

Page 4349

Section 18. On or before the effective date of this Act the Grand Jury of Emanuel County shall appoint a duly qualified person from a list of three names submitted by the governing authority of Emanuel County to serve as the judge of said court for a term of office of two years and until his successor is duly appointed and qualified. The Grand Jury of Emanuel County each two years thereafter shall reappoint the judge of said court or request the governing authority of said county to submit a list of three new names to the Grand Jury, and the Grand Jury shall appoint a new judge of said court from said list for a term of two years and until his successor is duly appointed and qualified. The Grand Jury of said county may remove the judge of said court at any time after notice and hearing for malfeasance or misfeasance in office. 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

Page 4350

each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions, and he shall also designate the time when each answer to a summons of garnishment shall be filed. No garnishee may be required to file his answer sooner than ten days after he is served with summons, however. Whenever a garnishee shall fail to answer at the time so stated in the summons served upon him, unless the court, in its discretion, extends the time for filing, the judge may immediately render judgment and issue an execution against the garnishee in favor of the plaintiff for the amount previously adjudged to be due the plaintiff by the original defendant, and also for costs in the garnishment proceeding, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. Terms. Section 22. A summons of garnishment may be served by the sheriff or his deputies, by a lawful constable, by a Small Claims Court bailiff, or by the judge of the Small Claims Court, or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit or to the writ of attachment. It shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to the sender by the United States postal authorities marked refused, giving the date of refusal, and signed or initialed by a United States Postal Service employee or United States mail carrier to whom refusal was made. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ, or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be 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

Page 4351

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 five dollars. Fi. fas. 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 Legislation will be introduced in the coming session of the General Assembly for the establishment of a small claims court in Emanuel County to aid in the collection of past due debts and for other purposes. Swainsboro Merchants' Association Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Randolph C. Karrh

Page 4352

who, on oath, deposes and says that he is Representative from the 106th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Swainsboro Forest-Blade which is the official organ of Emanuel County, on the following dates: January 29, February 5, 12, 1975. /s/ Randolph C. Karrh Representative, 106th District Sworn to and subscribed before me, this 4th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. SPALDING COUNTY BOARD OF COMMISSIONERSSALARIES CHANGED, ETC.REFERENDUM. No. 417 (House Bill No. 1095). An Act to amend an Act providing for a Board of Commissioners of Spalding County, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act approved December 22, 1898 (Ga. L. 1898, p. 375), an Act approved August 7, 1905 (Ga. L. 1905, p. 586), an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2606), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3112), so as to change the composition of the Board of Commissioners of Spalding County; to create commissioner districts; to provide for the number, terms, residency requirements and election of members of the board of commissioners; to provide for the continuation of certain existing terms of members of the board of commissioners; to provide for the election and terms of certain

Page 4353

members of the board of commissioners; to provide for the election by the board of commissioners and term of office of a chairman; to provide for vacancies; 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 Board of Commissioners of Spalding County, approved February 5, 1873 (Ga. L. 1873, p. 289), as amended, particularly by an Act approved December 22, 1898 (Ga. L. 1898, p. 375), an Act approved August 7, 1905 (Ga. L. 1905, p. 586), an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2606), and an Act approved April 5, 1971 (Ga. L. 1971, p. 3112), is hereby amended by adding after Section IV the following five sections to be designated sections 5, 6, 7, 8 and 9, to read as follows: Section 5. For the purpose of creating commissioner districts for the election of members of the board of commissioners, Spalding County will be divided into four (4) quadrants by two lines which will intersect at the center of the intersection of Hill and Solomon and will be the point of beginning. The line separating the northeast quadrant from the northwest quadrant will begin at the intersection of Hill and Solomon and proceed in a northerly direction along North Hill Street to North Hill Street Extension; thence along North Hill Street Extension to Jordan Hill Road; thence along Jordan Hill Road to the Henry County line. The line separating the northwest quadrant from the southwest quadrant will begin at the intersection of Hill and Solomon and proceed in a westerly direction out Solomon Street to Highfalls Road; thence out Highfalls Road to Bucksnort Road; thence out Bucksnort Road to the Butts County line. The line separating the southwest quadrant from the southeast quadrant will begin at the intersection of Hill and Solomon and proceed in a southerly direction along South Hill Street to Zebulon Road; thence along Zebulon Road to the Pike County line. The line separating the southeast quadrant from the northeast quadrant will

Page 4354

begin at the intersection of Solomon and Hill and proceed in an easterly direction along East Solomon to Taylor Street; thence southerly on Taylor Street to Georgia Highway 16; thence in an easterly direction along Georgia Highway 16 to the Coweta County line. Districts. The commissioner districts shall be as follows: (a) Commissioner District 1 shall be the northwest quadrant of the county as divided in this Section. (b) Commissioner District 2 shall be the northeast quadrant of the county as divided in this Section. (c) Commissioner District 3 shall be the southwest quadrant of the county as divided in this Section. (d) Commissioner District 4 shall be the southeast quadrant of the county as divided in this Section. (e) Commissioner District 5 shall be composed of the entire county. A candidate for election to the board of commissioners shall designate the commissioner district from which he is offering. A candidate shall not offer for election to the board of commissioners from a district other than a district in which his legal residence lies. Section 6. On January 1, 1977, the Board of Commissioners of Spalding County shall be increased to five members as follows: one member who resides in commissioner district 1, one member who resides in commissioner district 2, one member who resides in commissioner district 3, one member who resides in commissioner district 4, and one member who resides in commissioner district 5. The member of the board of commissioners from each commissioner district shall be elected by a majority of the electors of the entire county voting at the elections provided for herein. Section 7. On January 1, 1977, in order to provide for the continuation of the unexpired terms of the members of

Page 4355

the former three-member board of commissioners in office on the effective date of this Section, the positions of the members of the former board of commissioners whose terms have not expired shall be redesignated as follows: the member who resides in commissioner district 1 shall be designated the member from commissioner district 1 and shall continue the term to which he was elected expiring on December 31, 1978, and the member who resides in commissioner district 2 shall be designated the member from commissioner district 2 shall continue the term to which he was elected expiring December 31, 1980. Section 8. At the general election in 1976, members of the board of commissioners shall be elected from commissioner districts 3 and 4 to terms of four years, and the member of the board of commissioners from commissioner district 5 shall be elected to a term of two years. At the general election every two years thereafter, successors shall be elected to the terms of the members of the board of commissioners which expire in that year. Members of the board shall take office on January 1 of the year following their election. Except as provided herein, members shall be elected to four-year terms. Members shall serve until their successors are elected and qualified. Vacancies shall be filled in the same manner as vacancies in the position of Clerk of the Superior Court of Spalding County. Section 9. At its first meeting in 1977 and at its first meeting in January in each odd-numbered year thereafter, and whenever a vacancy occurs in the office of chairman, the members of the board of commissioners shall elect a chairman from their membership. Section 2. Any other provisions of said Act which are in conflict with sections 5 through 9 of said Act, added above, are hereby repealed. Section 3. Not less than 5 nor more than 15 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Spalding County to issue the

Page 4356

call for an election for the purpose of submitting this Act to the electors of Spalding County for approval or rejection. The superintendent shall set the date of such election for November 4, 1975. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Spalding County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act increasing the size of the Board of Commissioners of Spalding County to five members, providing for the election and terms of the members, and providing for the election by the board of commissioners of a chairman, be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Spalding County. It shall be the duty of the superintendent to hold and conduct such 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 Legislation. Notice is hereby given of intention to introduce legislation in the 1975 session of the Georgia General Assembly altering the make up of the Board of Commissioners of Spalding County, Georgia, their method of selection and their term of office.

Page 4357

This 7th day of February, 1975. John Mostiller, State Representative John Carlisle, State Representative Virginia Shapard, State Senator Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John L. Mostiler 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 Griffin Daily News which is the official organ of Spalding County, on the following dates: February 8, 15, 22, 1975. /s/ John L. Mostiler Representative, 71st District Sworn to and subscribed before me, this 7th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF JACKSONCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 418 (House Bill No. 1102). An Act to amend an Act creating a new charter for the City of Jackson, approved February 15, 1952 (Ga. L. 1952, p. 2803),

Page 4358

as amended, so as to provide for the annexation of certain additional territory into the corporate limits of the City of Jackson; 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 Jackson, approved February 15, 1952 (Ga. L. 1952, p. 2803), as amended, is hereby amended by adding at the end of Section 1 a new paragraph to read as follows: In addition to that territory included in the city limits of the City of Jackson, after the effective date of this Act the City of Jackson shall also include and embrace the following described tract of land: All that tract or parcel of land, situate, lying and being located in the 612th and the 613th Districts, G.M., Butts County, Georgia, consisting of 275 acres, more or less, particularly described, to wit: STARTING AT A POINT which is the Southeast corner of a tract of land owned by the Zion Baptist Church adjacent to the West boundary of the Brownlee Road, and said tract of land being located at the Junction of the said Road and Georgia State Highway No. 36; thence easterly and directly across said Road from the starting point, a distance of 60 feet, more or less to a point, which is, THE POINT OF BEGINNING, thence southerly along the East Right of Way Boundary of said Brownlee Road a distance of 5,625 feet, more or less, to a point located on said Right of Way Boundary; thence westerly across said Brownlee Road and along the south boundary of a paved road (which extends to Jackson Christian Academy) for a distance of 760 feet to a point, more or less, located in the Northwest corner of a tract of land owned by Mrs. J. W. Gilbert, et. al.; thence Southerly a distance of 1,552 feet, more or less, to a point located at the Southeast corner of Baker Enterprise Sub-Division land; thence Westerly along the south boundary of said Sub-Division land a distance of 365 feet, more or less,

Page 4359

to a point, thence South 681 feet along the East Boundary Line of the Baker Enterprise Sub-Division land to a point, which point is the most Southern Point of the Baker Sub-Division Property land; thence, northwesterly along the meanderings of the centerline of a small creek for a distance of 2,500 feet to a point; thence, easterly along the south boundary of `BLOCK D' of the said Sub-Division for a distance of 695 feet, more or less, to a point and the same being the southeast corner of `BLOCK D' of said Sub-Division; thence, northerly a distance of 648 feet, more or less, along the east boundary of said `Block D' to a point located on the south boundary line of a tract of land owned by James Gilbert; thence easterly along the southern boundary of the property of James Gilbert a distance of 650 feet to a point; thence northerly a distance of 600 feet, more or less, to a point of the southern boundary of Butts County Farm; thence west along the southern boundary of Butts County Farm land a distance of 1,915 feet, more or less, to a point located on a north-south land lot line; thence north along the west boundary of said Butts County Farm (and said land lot line) for a distance of 1,103 feet, more or less, to a point; thence North 31 degrees 57 minutes West for a distance of 875 feet to a point located on the south boundary of State Highway No. 36; thence easterly for a distance of 590 feet to a point south of said right of way boundary; thence southerly along the east boundary of a tract of land owned by T. M. Washington, et. al. for a distance of 820 feet to a point; thence east along the south boundary of the Thornton Estate Lands for a distance of 1510 feet, more or less, to a point; thence northerly along the west boundary of a tract of land owned by the American Mills, Inc., for a distance of 1,812 feet to a point; thence northwesterly a distance of 553 feet along the northeast property line of said Thornton Estate Land to a point located on the south right of way boundary of said State Highway No. 36; thence northerly along the south right of way boundary of said State Highway a distance of 2,062 feet, more or less; thence east along the south property line of the Zion Baptist Church property, and across said Brownlee Road, a distance of 712 feet to a point which is the POINT OF BEGINNING.

Page 4360

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 1975 session of the General Assembly of Georgia a bill to amend an act creating a new charter for the City of Jackson, approved Feb. 15, 1952 (Ga. L. 1952, p. 2803), as amended, so as to change the corporate limits of the city; and for other purposes. This 11th day of February, 1975. J. R. Smith Representative, 78th 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 78th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Progress-Argus which is the official organ of Butts County, on the following dates: February 13, 20, 27, 1975. /s/ J. R. Smith Representative, 78th District Sworn to and subscribed before me, this 4th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4361

UNION COUNTY SHERIFFSALARY CHANGED, ETC. No. 419 (House Bill No. 1110). An Act to amend an Act providing a salary for the Sheriff of Union County in lieu of the fee system of compensation, approved March 11, 1968 (Ga. L. 1968, p. 2264), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 3564), so as to change the provisions relative to the compensation of the Sheriff; to change the provisions relative to the Sheriff's deputies and other personnel and relative to operating 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 providing a salary for the Sheriff of Union County in lieu of the fee system of compensation, approved March 11, 1968 (Ga. L. 1968, p. 2264), as amended by an Act approved April 3, 1972 (Ga. L. 1972, p. 3564), is hereby amended by striking from section 2 the figure $9,600.00 and inserting in lieu thereof the figure $11,700.00, so that when so amended section 2 shall read as follows: Section 2. The Sheriff shall receive an annual salary of $11,700.00, payable in equal monthly installments from the funds of Union County. Sheriff. Section 2. Said Act is further amended by striking subsection (a) of section 4 in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The Sheriff may employ one chief deputy at a salary not exceeding $700.00 per month and two additional deputies at a salary for each not exceeding $600.00 per month. In addition thereto, the Sheriff may employ a secretary or clerk at a salary not exceeding $600.00 per month. The Sheriff may fix the compensation of such personnel within the limits provided for herein, and such compensation shall be payable from the funds of Union County. Personnel.

Page 4362

Section 3. 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 necessary operating expenses of the Sheriff's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, vehicles and equipment, uniforms, 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. Such expenses shall not include expenditures for personal furniture for the Sheriff's lodgings in the jail nor expenditures for handguns used by the Sheriff and his deputies. The determination of such requirements shall be at the sole discretion of the governing authority of Union County. Expenses. Section 4. This Act shall become effective on January 1, 1977. 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 1975 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Union County on a salary in lieu of the fee system of compensation, approved March 11, 1968 (Ga. L. 1968, p. 2264), as amended, and for other purposes. This day of, 1975. Rep. Carlton Colwell Rep. Ralph Twiggs Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell

Page 4363

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 North Georgia News which is the official organ of Union County, on the following dates: February 13, 20, 27, 1975. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 5th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. FANNIN COUNTY PROBATE COURTPERSONNEL PROVIDED. No. 420 (House Bill No. 1111). An Act to amend an Act placing the Judge of the Probate Court of Fannin County on an annual salary in lieu of the fee system of compensation, approved March 5, 1974 (Ga. L. 1974, p. 2131), so as to provide for office help for said officer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Fannin County on an annual salary in lieu of the fee system of compensation, approved March 5, 1974 (Ga. L. 1974, p. 2131), is hereby amended by designating the present language of section 4 as subsection (a) thereof and by

Page 4364

adding a new subsection at the end of section 4 to be designated subsection (b) and to read as follows: (b) In addition to operating expenses provided for by subsection (a) hereof, the Judge of the Probate Court of Fannin County shall be authorized to expend not more than $2,400.00 per annum for the employment of personnel to assist him in carrying out his official duties. It shall be within the sole power of the Judge of the Probate Court, during his term of office, to designate and name the person or persons who shall be employed by him and to prescribe his or their duties and assignments and to remove or replace any such person or persons at will and within his sole discretion. Funds expended up to and including the amount authorized herein for the employment of such personnel shall be paid from the funds of Fannin County. Personnel. Section 2. All laws and parts of laws in conflict with Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to amend an Act abolishing the method of compensating the Judge of the Probate Court of Fannin County (formerly Ordinary) and providing an annual salary for said officer, approved March 5, 1974 (Ga. L. 1974, p. 2131); and for other purposes. This 21st day of January, 1975. Rep. Carlton Colwell Rep. Ralph Twiggs 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

Page 4365

in the Blue Ridge Summit Post which is the official organ of Fannin County, on the following dates: January 23, 30 and February 6, 1975. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 6th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. HARRIS COUNTY CORONERSALARY CHANGED. No. 421 (House Bill No. 1113). An Act to amend an Act placing the Coroner of Harris County upon a monthly salary, approved March 10, 1964 (Ga. L. 1964, p. 2623), so as to change the salary of the coroner; to provide 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 Coroner of Harris County upon a monthly salary, approved March 10, 1964 (Ga. L. 1964, p. 2623) is hereby amended by striking from section 1 the following: $50.00, and inserting in lieu thereof the following: $150.00,

Page 4366

so that when so amended section 1 shall read as follows: Section 1. The Coroner of Harris County is hereby placed upon a salary of $150.00 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 Harris County for his services as such. Salary. Section 2. This Act shall become effective on July 1, 1975. 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 1975 session of the General Assembly of Georgia, a bill to provide for a change in the compensation of the Coroner of Harris County and for other purposes. R. H. Reames, Chairman, Harris County Commission Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips who, on oath, deposes and says that he is Representative from the 91st 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 6, 13, 20, 1975. /s/ W. Randolph Phillips Representative, 91st District

Page 4367

Sworn to and subscribed before me this 7th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. HARRIS COUNTY SMALL CLAIMS COURTJURISDICTIONAL AMOUNTS CHANGED. No. 422 (House Bill No. 1115). An Act to amend an Act creating a Small Claims Court in Harris County, approved March 3, 1966 (Ga. L. 1966, p. 2986), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2462), so as to change the jurisdictional amount of the said court; to repeal laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court in Harris County, approved March 3, 1966 (Ga. L. 1966, p. 2986), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2462), is hereby amended by striking from section 1, the following: five hundred dollars ($500.00), and inserting in lieu thereof the following: one thousand dollars ($1,000.00), so that when so amended section 1 shall read as follows: Section 1. There is hereby created and established in Harris County a court to be known as a Small Claims

Page 4368

Court, which court shall have civil jurisdiction in cases at law in which the demand or damages claimed or value of the property involved does not exceed one thousand dollars ($1,000.00), said jurisdiction to be countywide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that a bill will be introduced in the 1975 Session of the General Assembly of Georgia to amend the Act creating the Small Claims Court in Harris County to increase the Civil Jurisdiction of said Court from $500.00 to $1,000.00. This 31st day of January, 1975. W. Randolph Phillips Representative, 91st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips, who, on oath, deposes and says that he is Representative from the 91st 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 13, 20, 27, 1975. /s/ W. Randolph Phillips Representative, 91st District

Page 4369

Sworn to and subscribed before me this 7th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CITY OF SHILOHCHARTER AMENDEDTERMS OF OFFICE OF MAYOR CHANGED, ETC.REFERENDUM. No. 423 (House Bill No. 1116). An Act to amend an Act creating and incorporating the City of Shiloh, approved February 14, 1961 (Ga. L. 1961, p. 2045), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 2699), so as to change the terms of office of the mayor and councilmen; to change the date for elections of the mayor and councilmen; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and incorporating the City of Shiloh, approved February 14, 1961 (Ga. L. 1961, p. 2045), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 2699), is hereby amended by striking subsection (a) of section 5 in its entirety, and inserting in lieu thereof a new subsection (a), to read as follows: (a) On the second Saturday in November, 1975, and annually thereafter, an election shall be conducted in said city for mayor and councilmen. Section 2. Not less than 30 nor more than 45 days after the date of the approval of this Act by the Governor, or

Page 4370

after it otherwise becomes law, it shall be the duty of the governing authority of the City of Shiloh to issue the call for an election for the purpose of submitting this Act to the electors of the City of Shiloh 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 Harris County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act changing the terms of office of the mayor and councilmen of the City of Shiloh from two years to one year be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. It more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Shiloh. It shall be the duty of the governing authority to hold and conduct such election. 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 1975 session of the General Assembly of Georgia, a bill to change the terms of office of the Mayor and Council of the City of Shiloh, to provide for a referendum,

Page 4371

for all matters relative to the foregoing, and for other purposes. W. Randolph Phillips Representative, District 91 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Randolph Phillips who, on oath, deposes and says that he is Representative from the 91st 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 6, 13, 20, 1975. /s/ W. Randolph Phillips Representative, 91st District Sworn to and subscribed before me this 7th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TOWN OF CARLCHARTER AMENDEDTERM OF OFFICE OF MAYOR CHANGED, ETC. No. 424 (House Bill No. 1122). An Act to amend an Act incorporating the Town of Carl, approved August 21, 1906 (Ga. L. 1906, p. 831), as amended by an Act approved August 22, 1907 (Ga. L. 1907, p. 746),

Page 4372

and an Act approved August 19, 1922 (Ga. L. 1922, p. 882), so as to change the terms of office of the mayor and councilmen; to set the maximum salary of the mayor and councilmen; to fix the maximum ad valorem tax millage rate; to fix the maximum fee which may be charged for business licences; to provide for regulating matters pertaining to the health of the citizens of said town; to provide for zoning authority; 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 Carl, approved August 21, 1906 (Ga. L. 1906, p. 831), as amended by an Act approved August 22, 1907 (Ga. L. 1907, p. 746), and an Act approved August 19, 1922 (Ga. L. 1922, p. 882), 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 first election of officers under this Act shall be on the second Monday in January, 1976, and biennially thereafter without further notice on the second Monday in even-numbered years, at the council rooms, under such rules, supervisions and regulations not inconsistent with the laws and regulations of municipal elections as the council may prescribe. Such elections shall be evidenced by the certificate of the managers, entered on the record of the town. Every person elected or appointed to an office in said corporation shall, within twenty days after his election or appointment and before he shall enter upon the duties of his office, take and subscribe the following oath of office: `I do solemnly swear that I will faithfully discharge all the duties devolving upon me as an officer of the Town of Carl, in Barrow County, Georgia, according to the best of my ability and understanding, so help me God.' Such oath may be administered by any person authorized by the laws of this State to administer oaths. 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:

Page 4373

Section 8. The mayor and each councilman shall hold their respective offices for two years and until their successors are elected and qualified. The maximum salary of the mayor shall not exceed $150.00 per annum and the maximum salary of each councilman shall not exceed $100.00 per annum, said salaries to be fixed by the mayor and council. Terms. Section 3. Said Act is further amended by adding at the end of section 12 the following: The mayor and council shall have the power to prescribe standards of health and sanitation and to provide for the enforcement of such standards and to adopt by ordinance a plan 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. Section 4. Said Act is further amended by adding a new section immediately following section 12 to be designated section 12A to read as follows: Section 12A. Any other provisions of this Act or Charter to the contrary notwithstanding, the mayor and council shall not have the power or authority to adopt or fix a tax millage rate in excess of five mills for ad valorem tax purposes

Page 4374

or to levy and collect a business license fee on any business located in said city in excess of $50.00 per annum. Tax rate. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned, on behalf of the Mayor and Council for the Town of Carl, will request the Representative of the 61st District to introduce local legislation to amend the Charter for the Town of Carl in the following manner: 1. To change the terms of office of the Mayor and Councilmen, to set the salary of the Mayor of not more than One Hundred Fifty ($150.00) Dollars per annum and for the Councilmen of not more than One Hundred ($100.00) Dollars per annum. 2. To provide for limiting ad valorem tax millage rate to 5 mills. 3. To limit the amount of business license tax that can be levied. 4. To provide for regulating matters pertaining to health of the citizens of the Town of Carl. 5. To provide for zoning authority. 6. To repeal conflicting laws and for other purposes. Mayor and Council for the Town of Carl By: O. E. Herndon, Mayor

Page 4375

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vinson Wall who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News which is the official organ of Barrow County, on the following dates: February 19, 26, and March 5, 1975. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me this 10th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. BLECKLEY COUNTY TAX COMMISSIONERSALARY OF CLERKS CHANGED. No. 425 (House Bill No. 1126). 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 19, 1973 (Ga. L. 1973, p. 3864), so as to change the compensation of the clerks 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:

Page 4376

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 19, 1973 (Ga. L. 1973, p. 3864), is hereby amended by striking from subsection (b) of section 3 the following: $4,800, and substituting in lieu thereof the following: $5,000, and by adding at the end thereof the following: Effective January 1, 1976, such compensation shall not exceed $5,200 per annum., so that when so amended, said subsection (b) shall read as follows: (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 $5,000 per annum for each clerk. Effective January 1, 1976, such compensation shall not exceed $5,200 per annum. 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 This is to certify that I intend to introduce legislation in this legislative session to adjust the salaries of the clerical help in the following offices of the Courthouse of Cochran, Georgia, Bleckley County, as per their request, County Commissioner's Office, State Probate Judge (Ordinary),

Page 4377

Clerk of Court, and Tax Commissioner and Sheriff's Office. Ben Jessup Representative, District 117 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 117th 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 19, 26, and March 5, 1975. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me this 7th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission expires Dec. 18, 1976. (Seal). Approved April 17, 1975. BLECKLEY COUNTY PROBATE COURTSALARY OF CLERK CHANGED. No. 426 (House Bill No. 1127). An Act to amend an Act fixing the salaries of certain county officers of Bleckley County, approved February 10, 1953 (Ga. L. 1953, Jan.-Feb., p. 2196), as amended, particularly

Page 4378

by an Act approved April 3, 1972 (Ga. L. 1972, p. 3577), so as to change the compensation of the clerk of the Judge of the Probate 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 fixing the salaries of certain county officers of Bleckley County, approved February 10, 1953 (Ga. L. 1953, Jan.-Feb., p. 2196), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3577), is hereby amended by striking from subsection (b) of section 3 the following: 2,400, and substituting in lieu thereof the following: $2,500, and by adding at the end thereof the following: Effective January 1, 1976, such compensation shall not exceed $2,600 per annum., so that when so amended, said subsection (b) shall read as follows: (b) The Judge of the Probate Court may employ a clerk who shall be paid from county funds. The clerk's compensation shall be determined by the Judge of the Probate Court, but in no event shall such compensation exceed $2,500 per annum. Effective January 1, 1976, such compensation shall not exceed $2,600 per annum. 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 4379

Notice. This is to certify that I intend to introduce legislation in this legislative session to adjust the salaries of the clerical help in the following offices of the Courthouse of Cochran, Georgia, Bleckley County, as per their request, County Commissioner's Office, State Probate Judge (Ordinary), Clerk of Court, and Tax Commissioner and Sheriff's Office. Ben Jessup Representative, District 117 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 117th 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 19, 26, and March 5, 1975. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me this 7th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. BLECKLEY COUNTY COMMISSIONERSALARY OF CLERK CHANGED. No. 427 (House Bill No. 1128). An Act to amend an Act creating the office of commissioner of Bleckley County, approved August 18, 1913 (Ga. L. 1913, p. 345),

Page 4380

as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3574), so as to change the compensation of the clerical assistant to 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 Bleckley County, approved August 18, 1913 (Ga. L. 1913, p. 345), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3574), is hereby amended by striking from subsection (b) of section 9 the following: 4,800, and substituting in lieu thereof the following: 5,000, and by adding at the end thereof the following: Effective January 1, 1976, such compensation shall not exceed the sum of $5,200 per annum., so that when so amended, subsection (b) shall read as follows: (b) The commissioner may employ a clerical assistant who shall be paid from county funds. Such assistant's compensation shall be determined by the commissioner, but in no event shall such compensation exceed $5,000 per annum. Effective January 1, 1976, such compensation shall not exceed the sum of $5,200 per annum. 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 4381

Notice. This is to certify that I intend to introduce legislation in this legislative session to adjust the salaries of the clerical help in the following offices of the Courthouse of Cochran, Georgia, Bleckley County, as per their request, County Commissioner's Office, State Probate Judge (Ordinary), Clerk of Court, and Tax Commissioner and Sheriff's Office. Ben Jessup Representative, District 117 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 117th 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 19, 26, and March 5, 1975. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me this 7th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4382

BLECKLEY COUNTY DEPUTY SHERIFFSALARY CHANGED. No. 428 (House Bill No. 1129). An Act to amend an Act placing the sheriff of Bleckley County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2568), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2714), 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 placing the sheriff of Bleckley County upon an annual salary, approved March 24, 1965 (Ga. L. 1965, p. 2568), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2714), is hereby amended by striking from section 4 the following: $4,800.00, and substituting in lieu thereof the following: $5,000.00, and by adding between the second and third sentences thereof the following: Effective January 1, 1976, the maximum compensation which may be paid to the deputy shall not exceed $5,200 per annum., so that when so amended, section 4 shall read as follows: Section 4. The sheriff shall have the authority to appoint two deputies. The chief deputy shall be compensated in an amount not to exceed $5,200.00 per annum and the other deputy shall receive a salary of not less than $4,200.00 nor more than $5,000.00 per annum. Effective January 1, 1976, the maximum compensation which may be paid to the

Page 4383

deputy shall not exceed $5,200.00 per annum. The exact amount of such compensation shall be set by the sheriff and shall be paid from the funds of Bleckley County in monthly installments. It shall be within the sole power and authority of the sheriff, during his respective term of office, to designate and name the persons who shall be employed as deputies and to prescribe their duties and assignments and to remove or replace such deputies at will and within his sole discretion. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. This is to certify that I intend to introduce legislation in this legislative session to adjust the salaries of the clerical help in the following offices of the Courthouse of Cochran, Georgia, Bleckley County, as per their request, County Commissioner's Office, State Probate Judge (Ordinary), Clerk of Court, and Tax Commissioner and Sheriff's Office. Ben Jessup Representative, District 117 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 117th 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

Page 4384

County, on the following dates: February 19, 26, and March 5, 1975. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me this 7th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. BLECKLEY COUNTY SUPERIOR COURT CLERKSALARY OF CLERICAL ASSISTANTS CHANGED. No. 429 (House Bill No. 1130). An Act to amend an Act placing the clerk of the superior court of Bleckley County upon an annual salary, approved April 3, 1969 (Ga. L. 1969, p. 3312), as amended, particularly by an Act approved April 3, 1972 (Ga. L. 1972, p. 3860), so as to change the compensation of the clerical assistant to the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the clerk of the superior court of Bleckley County upon an annual salary, approved April 3, 1969 (Ga. L. 1969, p. 3312), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3860), is hereby amended by striking from subsection (b) of section 2 the following: $4,800,

Page 4385

and substituting in lieu thereof the following: $5,000, and by adding at the end thereof the following: Effective January 1, 1976, such compensation shall not exceed $5,200 per annum., so that when so amended, subsection (b) shall read as follows: (b) The clerk of the superior court may employ a clerical assistant who shall be paid from county funds. Such assistant's compensation shall be determined by the clerk, but in no event shall such compensation exceed $5,000 per annum. Effective January 1, 1976, such compensation shall not exceed $5,200 per annum. 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. This is to certify that I intend to introduce legislation in this legislative session to adjust the salaries of the clerical help in the following offices of the Courthouse of Cochran, Georgia, Bleckley County, as per their request, County Commissioner's Office, State Probate Court (Ordinary), Clerk of Court, and Tax Commissioner and Sheriff's Office. Ben Jessup Representative, District 117 Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 4386

duly authorized to administer oaths, Ben Jessup 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 Cochran Journal which is the official organ of Bleckley County, on the following dates: February 19, 26, and March 5, 1975. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me this 7th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. GILMER COUNTYSUPERIOR COURT CLERK PLACED ON SALARY. No. 430 (House Bill No. 1135). An Act to abolish the present mode of compensating the Clerk of the Superior Court of Gilmer 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 a deputy clerk 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:

Page 4387

Section 1. The present mode of compensating the Clerk of the Superior Court of Gilmer 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 $10,000.00, payable in equal monthly installments from county funds. Salary. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust for said county as public monies and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, the 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 each 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 Clerk of the Superior Court shall have the authority to appoint a deputy clerk who shall receive an annual salary not exceeding $5,200.00, payable in equal monthly installments from county funds. The Clerk of the Superior Court shall be authorized to fix the compensation of such deputy clerk within the limitation herein provided. It shall be within the sole power and authority of the Clerk of the Superior Court, during his term of office, to designate and name the person who shall be employed as such deputy clerk and to prescribe his duties and assignments, and to remove or replace the deputy clerk 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

Page 4388

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, except as otherwise provided by section 4 of this Act, shall be at the sole discretion of the governing authority of Gilmer County. Expenses. Section 6. This Act shall become effective on January 1, 1977. Effective date. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to provide an annual salary for the Clerk of the Superior Court of Gilmer County in lieu of the fee system of compensation; to provide for all matters relative thereto; and for other purposes. This 23rd day of January, 1975. 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 Times-Courier which is the official organ of Gilmer County, on the following dates: January 23, 30 and February 6, 1975.

Page 4389

Sworn to and subscribed before me this 10th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TOWN OF WALESKACHARTER AMENDEDRECORDER'S COURT PROVIDED. No. 431 (House Bill No. 1136). An Act to amend an Act creating a Charter for the Town of Waleska, approved November 13, 1889 (Ga. L. 1888-89, p. 1066), as amended, so as to provide for a Recorder's Court; to provide for the jurisdiction of said court; to provide for the issuance of warrants from said court; to authorize the court to subpoena witnesses; to provide for appearance bonds; to provide for a Judge for Recorder's Court; to provide the punishments that may be imposed by the Judge of 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 Charter for the Town of Waleska, approved November 13, 1889 (Ga. L. 1888-89, p. 1066), as amended, is hereby amended by striking section XXVII in its entirety, and substituting in lieu thereof the following: Section 27. Recorder's Court; Creation. There is hereby established a court to be known as the Recorder's Court of the Town of Waleska which shall have jurisdiction and authority to try offenses against the laws and ordinances of said town 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

Page 4390

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 constituting traffic cases which, under the laws of Georgia are placed within the jurisdiction of recorder's 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 27.1. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall be appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (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 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 27.2. 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 27.3. Jurisdiction; Powers. (a) The Recorder's Court shall try and punish for crimes against the Town of

Page 4391

Waleska 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 $5000.00 or 30 days in jail. The Recorder's Court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 30 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 30 days. (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 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 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 Town of Waleska, 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 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

Page 4392

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 summonses, subpoenas 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 of the jurisdiction and powers throughout the entire area of the Town of Waleska granted by State law generally to mayor's, recorder's and police and municipal courts and particularly by such laws as authorized the abatement of nuisances. Section 27.4. Appeal. The right of appeal, and any bond as may be required to secure the costs on appeal to the Superior Court of Cherokee 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 probate court; 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. Section 27.5. 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 recorder's 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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4393

Notice of Intention to Introduce Local Legislation. Notice is hereby given that I shall introduce a bill in the 1975 session of the General Assembly to amend the Charter of the City of Waleska in Cherokee County, Georgia; to provide for a Recorder's Court for said City and for other purposes. This 17th day of February, 1975. Roger M. Johnson Representative, District 8 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roger Johnson 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 Cherokee Tribune which is the official organ of Cherokee County, on the following dates: February 20, 27 and March 6, 1975. /s/ Roger Johnson Representative, 8th District Sworn to and subscribed before me this 10th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4394

CITY OF COMMERCECHARTER AMENDEDCERTAIN APPOINTEES REQUIRED TO BE CITY ELECTORS. No. 432 (House Bill No. 1139). 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 require certain appointees to be qualified electors of the 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 Commerce, approved August 17, 1909 (Ga. L. 1909, p. 655), as amended, is hereby amended by adding a new section after section 27, to be designated section 27A, to read as follows: Section 27A. In addition to those requirements otherwise provided by law or ordinance as qualifications for persons who are considered for appointment by the Mayor and Council of the City of Commerce to governmental committees or advisory groups, no person shall be appointed by the said Mayor and Council to serve on any board, committee, advisory body or governmental body unless the person is a qualified elector of the City at the time of such appointment. Should any such appointee cease to be a qualified elector of the City, the term of his appointment shall cease and a vacancy shall be created thereby. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Introduce Local Legislation. Notice is hereby given that I shall introduce a bill in the 1975 session of the Georgia General Assembly to amend the charter of the City of Commerce, Georgia, to provide that in any instance where the governing body of the City of Commerce, Georgia, has the authority and power to appoint persons to hold office or to serve as members of any governing

Page 4395

or advisory body, any appointee must be a resident of the City of Commerce, Georgia, both at the time of his appointment and at all subsequent times during whkch he serves as a member of said governing or advisory body. This 13th day of January, 1975. Lauren W. McDonald Representative from Jackson County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lauren McDonald, Jr. who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County, on the following dates: January 22, 29, and February 5, 1975. /s/ Lauren McDonald, Jr. Representative, 12th District Sworn to and subscribed before me this 10th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CORDELE OFFICE BUILDING AUTHORITYCERTAIN RESTRICTIONS PROVIDED, ETC. No. 433 (House Bill No. 1140). An Act to provide for certain restrictions on the exercise of powers by the Cordele Office Building Authority; to

Page 4396

provide for definitions; to require referendum elections on the question of beginning projects with a certain exception; to provide for procedures, requirements and 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. As used in this Act, the following terms shall have the following meanings: (a) The Cordele Office Building Authority or Authority means the Cordele Office Building Authority created by amendment to the Georgia Constitution ratified at the 1968 general election and found in Ga. L. 1968, pp. 1715-1730. (b) Project shall have the same meaning as provided by subparagraph (3) of Paragraph D of the amendment to the Georgia Constitution referred to in subsection (a) hereof. Section 2. After the effective date of this Act, the Cordele Office Building Authority shall not begin any project or enter into any contract or lease or execute any other instrument to begin any project except as provided by section 3 of this Act. Section 3. (a) Except as provided by subsection (b) hereof, if the Cordele Office Building Authority proposes to begin a project after the effective date of this Act, the Authority shall request, in writing, the municipal superintendent of elections of the City of Cordele to issue the call for a referendum election on the question of beginning such project. Within 15 days after receiving such request from the Authority, it shall be the duty of said municipal superintendent to issue the call for a special election for the purpose of submitting the question of beginning such project to the qualified electors of the City of Cordele for approval or rejection. Said municipal superintendent shall set the date of such special election at least 30 days, but not more than 45 days, after the issuance of the call. He shall cause the date and purpose of the election to be advertised in the

Page 4397

official organ of the City of Cordele once each week for two weeks immediately preceding the week in which the election is held. The ballots for such election shall be printed in such a manner as to enable the electors of the City of Cordele to vote Yes or No on the question of beginning such project, and a brief description of the proposed project shall be included in the question on the ballot. If more than one-half of the votes cast on such question are Yes, the Authority shall be authorized to proceed, in conformity with the provisions of the amendment to the Georgia Constitution referred to in subsection (a) of section 1 of this Act, with such project. If one-half or more of the votes cast on such questions are No, the Authority shall not at any time thereafter be authorized to proceed with such project. (b) The Cordele Office Building Authority, in conformity with the amendment to the Georgia Constitution referred to in subsection (a) of section 1 of this Act, may begin a project for a fire station without the necessity of a referendum election otherwise required by subsection (a) hereof subject to the following conditions and requirements: (1) That the total cost for such project does not exceed $100,000.00; and (2) That if such project is completed, the City of Cordele shall be served by two fire stations. 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 otherwise becomes law. 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 1975 session of the General Assembly of Georgia, a bill relative to the powers and duties of the Cordele Office Building Authority and to provide for certain restrictions

Page 4398

relative to the exercise of such powers and duties and for other purposes. This 19th day of February, 1975. Howard H. Rainey Representative, 135th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Howard H. Rainey who, on oath, deposes and says that he is Representative from the 135th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch which is the official organ of Crisp County, on the following dates: February 21, 28, and March 7, 1975. /s/ Howard Rainey Representative, 135th District Sworn to and subscribed before me this 10th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CATOOSA COUNTY SHERIFFPERSONNEL SALARY CHANGES. No. 434 (House Bill No. 1142). An Act to amend an Act placing the Sheriff of Catoosa County on an annual salary in lieu of the fee system of

Page 4399

compensation, approved February 28, 1966 (Ga. L. 1966, p. 2663), as amended, particularly by an Act approved March 19, 1974 (Ga. L. 1974, p. 2193), so as to change the compensation provisions relating to the deputies and the radio operators; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Catoosa County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. L. 1966, p. 2663), as amended, particularly by an Act approved March 19, 1974 (Ga. L. 1974, p. 2193), is hereby amended by adding at the end of section 4 the following paragraph: Provided, however, that the chief deputy, any deputy and any radio operator may receive an increase in salary up to $1,000.00 above the maximum limits stated above upon agreement by the sheriff and the governing authority of Catoosa County., so that when so amended, section 4 shall read as follows: Section 4. The sheriff shall have the authority to appoint one chief deputy who shall receive an annual salary of $8,100.00 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 $7,500.00, 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 $7,500.00, 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

Page 4400

necessary to assist him in the performance of the duties of his office. The combined salaries of radio operators shall not exceed $10,000.00 per annum. Each of the above combined salaries shall be payable in equal monthly installments from the funds of Catoosa County, and at the time of such payments each deputy, upon the request of the governing authority, shall furnish a statement under oath showing the dates, number of hours and exact time that they served on duty during the preceding month. It shall be within the sole power and authority of the sheriff to designate and name the persons or remove or replace such employees at will and within his sole discretion. No person employed as a deputy or other employee shall be related to the sheriff closer than the fifth degree of consanguinity or affinity. In the event of an emergency, the sheriff and the governing authority, acting in concert, may employ additional deputies and pay such salaries as they shall agree upon, not to exceed the above specified amounts. Provided, however, that the chief deputy, any deputy and any radio operator may receive an increase in salary up to $1,000.00 above the maximum limits stated above upon agreement by the sheriff and the governing authority of Catoosa 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. Georgia, Catoosa County. Before me, an officer duly authorized by law to administer oaths, appeared Jim Caldwell, who on oath states that he is publisher of The Catoosa County News, a newspaper of general circulation and one in which Sheriff's advertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: January 9, 1975, January 16, 1975, January 23, 1975. /s/ Jim Caldwell

Page 4401

Notice of Intent to Apply for Local Legislation. Notice is hereby given that there will be requested at the January 1975 Session of the General Assembly of the Office of State of Georgia, Local Legislation to increase funds for the Catoosa County Sheriff's Department for the boarding (food) of prisoners. This the 6th day of January, 1975. Lee Roy Brown Sheriff, Catoosa County, Georgia Sworn to and subscribed before me, this the 20 day of February, 1975. /s/ Juanita Caldwell Notary Public, Georgia, State at Large. My Commission Expires April 22, 1977. (Seal). Approved April 17, 1975. CITY OF LEARYNEW CHARTER. No. 435 (House Bill No. 1143). An Act to provide a new Charter for the City of Leary, Georgia, in the County of Calhoun; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for general provisions; to provide for other matters relative thereto; to provide for specific repeal; 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:

Page 4402

ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of Leary repealing and replacing the charter provided by an Act of the General Assembly approved August 13, 1929 (Ga. Laws 1929, p. 1121), as amended. The City of Leary, Georgia, in the County of Calhoun and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Leary, 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. Corporate Boundaries. (a) The boundaries of the City of Leary 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 Leary at all times shall be shown on a map, a written description or any combination thereof to be retained permanently in the city hall and to be designated: City of Leary, 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 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 1.12. Specific Powers. The corporate powers of the government of the City of Leary, to be exercised by the governing authority, may include the following:

Page 4403

(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; 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 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 to raise revenue for 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 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 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,

Page 4404

gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same; and to fix 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 years; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations of the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or 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 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 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 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

Page 4405

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, electrical, plumbing, gas and heating and air-conditioning codes; 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 riots and public disturbances; (16) to regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation or intoxicating liquors and liquids, the use and sale of firearms, 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, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise; (18) to license, tax, regulate or prohibit professional fortune telling or palmistry; (19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads 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;

Page 4406

(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; 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 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 in the city and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (26) To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operation, maintaining and extending of a sewage disposal plant and sewerage system; 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 change 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,

Page 4407

conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the City of Leary; 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 of Leary; provided, however, that no standards or regulations shall apply to communications installations, made by or for a utility rendering communication services when such communication equipment installations are required as a part of the utility's plant in furnishing of its duly authorized services to the public; and to provide for the enforcement of such standards; (32) to provide that persons given jail sentences in the mayor's court may work out such sentence in any public works or on the streets, roads, drains and squares of the city; or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within said city which, not constituting offenses against the laws of this State, are 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;

Page 4408

(34) to regulate and license or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (35) to regulate the operation of motor vehicles and to 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 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 cost of 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 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 to 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;

Page 4409

(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; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the City of Leary 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

Page 4410

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, 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. ARTICLE II GOVERNING BODY Section 2.10. Creation, Composition. The legislative authority of the City of Leary, 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 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: (1) has been a resident of the City of Leary for one year immediately prior to the date of the election of mayor or councilmen; (2) continues to reside within the city during his period of service; (3) is registered and qualified to vote in municipal elections of the City of Leary; and (4) meets the qualification standards required for members of the Georgia House of Representatives as are now or in the future may be prescribed by the Georgia Constitution. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancy. (a) The office of mayor or councilman shall become

Page 4411

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) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualification of the office as prescribed 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) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, in the manner provided for in Article V. Section 2.13. Compensation and Expenses. The mayor and councilmen shall receive as compensation for their services an amount to be 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) 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) Neither the mayor nor any councilman 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

Page 4412

charter, the council shall be vested with all the powers of government of the City of Leary 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 Leary and may enforce such ordinances by imposing penalties for violation thereof. Section 2.20. Chief Executive Officer. The mayor shall be the chief executive of the City of Leary. 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 2.21. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (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; (e) see that all laws and ordinances of the city are faithfully executed; (f) appoint and remove all officers, department heads and employees of the city except as provided in this charter;

Page 4413

(g) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (h) submit to the council at least once a year a statement covering the financial condition of the city and from time to time such other information as the council may request; (i) 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; (j) call special meetings of the council as provided for in section 2.31 (b); (k) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (l) perform such other duties as may be required by law, this charter or ordinance. Section 2.22 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 mayor so long as such absence or disability shall continue. Section 2.30. Organization Meeting. (a) The council shall meet for organization on the first Monday in January; provided, however, that if the first Monday in January falls on a holiday, then said organization meeting shall be held on the first Tuesday in January. 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 that I will well and truly perform the duties of mayor (or councilman as the case may be) of

Page 4414

the City of Leary 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) 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 meeting 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. Notice of such special meetings shall be served on all members personally, or by telephone personally, or shall be left at their residences in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent, any business which may be transacted at 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 the keeping of a journal of its proceedings, which journal shall be a public record. Section 2.33. Quorum, Voting. Two councilmen and the mayor shall constitute a quorum and shall be authorized to

Page 4415

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; provided, however, that any member of the council shall have the right to request a roll call vote. Three affirmative votes 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. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be: The Council of the City of Leary 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, that ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. 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 plainly be designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three members of the council 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

Page 4416

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 a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to section 2.31 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.37. Signing, Authenticating, Recording; Codification; Printing. (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for that 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. 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 Leary, 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

Page 4417

its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at a reasonable price as fixed by the council. Following publication of the first Code of the City of Leary 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 Section 3.10. Administrative and Service Departments. (a) The council by ordinance may abolish, establish, merge or consolidate offices, positions of employment, departments and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies or of any departments, offices and agencies hereinafter created or established; 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. Each department shall consist of such offices, employees and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority.

Page 4418

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 appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. Section 3.11. Boards. Commissions and Authorities. (a) All members of boards, commissions and authorities 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) 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 by applicable state law. (c) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk an oath obligating himself to perform faithfully and impartially the duties of his office, such oath to be prescribed by ordinance and administered by the mayor. (d) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the council. (e) Members of boards, commissions and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards,

Page 4419

commissions and authorities shall be as prescribed by the council. (g) 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 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 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 city clerk. 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, and the council may specifically delegate to 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, 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 mayor's court; shall attend the meetings of the council as directed; shall advise the councilmen, 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 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such other duties as may be required by law or as the council may direct.

Page 4420

Section 3.41. City Tax Collector. The council may appoint a city 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. The city 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. Section 3.50. Position Classification and Pay Plan. The council may prepare a position classification and pay plan. Said plans may apply to all employees of the City of Leary and to 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 3.51. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, 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 Leary.

Page 4421

ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation of Mayor's Court. There is hereby established a court to be known as the Mayor's Court of the City of Leary which 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 as may be imposed by law; to punish witnesses for nonattendance; to punish 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; and to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of the State of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. 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. Section 4.11. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21. The judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (b) The judge pro tem. shall serve in the absence of the judge, shall be appointed by the council and shall take the same oath as the judge. (c) Before entering on the 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.

Page 4422

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 mayor's court shall try and punish for crimes against the City of Leary and for violation of its ordinances. The mayor's court shall have authority to punish those in its presence for contempt; provided, that such punishment shall not exceed a fine of $50.00 or ten days in jail. The mayor's court may fix punishment for offenses within its jurisdiction provided that such punishment shall not exceed a fine of $500.00 or 30 days in jail, or both. As an alternative to fine or imprisonment, the court may sentence any offender upon conviction to labor in a city work gang or in the streets, sidewalks, squares or other public works for a period not exceeding 30 days. (b) The mayor's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of state law. (c) The mayor's court shall have the 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, personal or real property as surety for appearance. When any person gives bail for his appearance and fails to appear at the time fixed for trial, his bond shall be forfeited by the judge and an execution shall be issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. If cash or property is accepted in lieu of bond 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 forfeited to the City of Leary 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 mayor's court shall have the authority to bind

Page 4423

prisoners over to the appropriate court when it appears by probable cause that a state law has been violated. (e) The mayor'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 mayor's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoena and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The mayor's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Leary 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 Calhoun 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 probate court; provided, however, 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. 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 mayor's 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 the mayor's court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all defendants in mayor's court proceedings at least 48 hours prior to said proceedings.

Page 4424

ARTICLE V ELECTIONS Section 5.10. Regular Elections. The mayor and councilmen serving on the effective date of this Act shall hold their offices for the terms for which they were elected and until their successors are elected and qualified under the provisions of this Act. On the first Saturday in December, 1975, and on said date biennially thereafter, there shall be an election for mayor and the four councilmen provided for in Article II of this charter. The terms of office of members of the council shall begin at the day and hour of the taking of the oath of office as provided in Article II, section 2.30 of this charter. Section 5.11. Election Procedures. The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, writein votes, challenge of votes and such other rules and regulations as may be necessary for the conduct of elections in the City of Leary. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Leary as to primary, special or general elections shall be in conformity with the provisions of the Georgia Municipal Election Code, as now or hereafter amended. Section 5.21. Special Elections, Vacancies. If the office of mayor or councilman becomes vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term; provided, however, that if such vacancy occurs within six months of the expiration of the term of office, said vacancy 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, as now or hereafter amended.

Page 4425

Section 5.30. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (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) wilful 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 three-fourths of the entire membership of the council; provided, however, that if the officer sought to be removed is a member of the council, then he shall not be allowed to vote. If an elected officer is sought to be removed by 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 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 Calhoun County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed with the Superior Court of Calhoun County as provided by law.

Page 4426

ARTICLE VI FINANCE AND FISCAL Section 6.10. 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 Leary. 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 real and personal property within the corporate limits of the city to raise revenue to defray the costs of operating the city government, providing governmental services and for any other public purpose as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Leary is hereby exempted from the provisions of Georgia Code sections 92-4101 through 92-4104 inclusive. Section 6.12. Tax Due Date and Tax Bills. The council shall provide by ordinance when the taxes of the city shall fall due, in what length of time said taxes may be paid, whether said taxes may be paid to the city in installments or in one lump sum, and when, how and upon what terms such taxes shall be due and payable. The council may also 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 police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied as of the assessment date of each year, which lien shall be superior to all other liens except that it shall have equal dignity with those

Page 4427

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 shall have full power to levy by ordinance such license and specific or occupation taxes upon the residents of the City of Leary, 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 by ordinance businesses, occupations, professions or callings for the purpose of such taxation in any way which is lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; 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 shall have the right, power and authority to assess and collect by ordinance, fees, charges and tolls for sewer services rendered both within and without the corporate limits of the City of Leary to provide for the cost and expense of collecting and disposing of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property served, which lien shall be second in priority only to liens for county and city property taxes. Said lien 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, enforce, levy and 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 the City of Leary and benefiting from such service.

Page 4428

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 of 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. Said lien 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 under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due date, 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 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 in the same manner and under the same remedies as a lien 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, however, 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 accordance with the requirements of redemption of property sold under

Page 4429

state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. Section 6.20. General Obligation Bonds. The council shall have the power to issue bonds to raise revenue for 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 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 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. Section 6.30. Fiscal Year. The council may 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 agency, office, department, institution and activity of the city government, unless otherwise provided by state or federal law. Section 6.31. Preparation of Budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvements program and a capital budget including requirements as to the scope, content and form of such budgets and programs. Section 6.32. 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 funds to which they apply.

Page 4430

Section 6.40. 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 6.41. Centralized Purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Leary. (b) The council may sell and convey any real or personal property owned or held by the City of Leary for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights the city may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) 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 cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made.

Page 4431

ARTICLE VII GENERAL PROVISIONS Section 7.10. Official Bonds. The officers and employees, both elected and appointed, of the City of Leary shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 7.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Leary 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 Leary not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Penalties. The violations of any provisions of this charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and punishable by a fine of not more than $500.00 or by imprisonment not to exceed 30 days or both such fine and imprisonment. Section 7.13. Specific Repealer. An Act incorporating the City of Leary in the County of Calhoun, approved August 13, 1929 (Ga. L. 1929, p. 1121), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.14. Severability. If any article, section, subsection, paragraph, sentence or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other

Page 4432

Section 7.15. Effective Date. This charter shall become effective on May 1, 1975. Section 7.16. Notwithstanding any other provisions herein contained, this Act is not intended to and shall not be applicable to regulation of or over the property, activity, rates, services or operations of any electric supplier (as defined in the Georgia Territorial Electric Service Act, Ga. L. 1973, page 200). Section 7.17. 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 1975 Session of the General Assembly of Georgia, a bill to create a new charter for the city of Leary, Georgia, and for other purposes, being an act to repeal and replace an act of the General Assembly of Georgia, approved August 13th, 1929, and the acts amendatory thereof, entitled, New Charter for the City of Leary. This 31st day of January, 1975. Charles Hatcher State Representative, 131st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Hatcher who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Calhoun Courier which is the official organ of Calhoun County, on the following dates: February 6, 13, 20, 1075. /s/ Charles Hatcher Representative, 131st District

Page 4433

Sworn to and subscribed before me, this 10th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18. 1976. (Seal). Approved April 17, 1975. HEARD COUNTY COMMISSIONEROFFICE CREATEDREFERENDUM. No. 436 (House Bill No. 1152). An Act to create the office of Commissioner of Heard County; to provide for his qualifications; to provide for his election, bond and oath; to provide for filling a vacancy in office; to provide for compensation; to provide for a clerk; to provide for an attorney; to provide for a superintendent of roads and bridges; to provide powers and duties of the commissioner, clerk, attorney and superintendent of roads and bridges; to provide for auditing of books; to provide procedure for bids; to provide for a budget; to provide for specific repeal; to provide effective dates; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the office of Commissioner of Heard County to be administered by one person, elected as herein prescribed, who shall be known as the Commissioner of Heard County. Created. Section 2. The Commissioner of Heard County shall be elected by the voters of Heard County qualified to vote for members of the General Assembly at the general election held for members of the General Assembly in the year 1976, and the person so elected shall take office on January 1, 1977. The term of the commissioner shall be for four

Page 4434

years, and the person initially elected as Commissioner of Heard County shall take office on January 1, 1977, for a term of four years and shall be reelected, or his successor elected, at the general election held for members of the General Assembly every four years thereafter. Each commissioner thus elected shall serve until his successor is elected and duly qualified. Election. Section 3. In the event a vacancy in the office of Commissioner of Heard County shall occur by reason of death, resignation or any cause other than expiration of the term of office within less than six months of the date of expiration of the term of office, the Judge of the Superior Court of Heard County shall appoint a person to fill such vacancy, and the person so appointed shall hold office for the remainder of the term or until his successor is elected and qualified as herein provided. In the event such vacancy occurs in the office more than six months prior to expiration of the term of office, such vacancy shall be filled by a special election, and the person so elected shall hold office for the remainder of said unexpired term and until his successor is elected and qualified. The special election for the unexpired term shall be called by the the Judge of the Probate Court of Heard County within ten days after such vacancy occurs and such special election shall be held by the Judge of the Probate Court of Heard County not less than 30 days nor more than 45 days after the date of the call of such election, the expense of any such special election to be paid out of the general funds of Heard County. Vacancy. Section 4. In order to be eligible to qualify as Commissioner of Heard County, any person must at the time of qualification for election be at least 25 years of age, must have resided in Heard County for four years immediately preceding the term for which he is elected, must be of good moral character and have at least a high school education or an equivalent thereto, must have had some practical business experience, and the person so elected must reside in Heard County, Georgia, during his term in office. Eligibility. Section 5. Before entering upon the discharge of his duties, the commissioner shall subscribe to and take an oath

Page 4435

before the judge of the probate court of said county, or in the event of his absence or inability to serve before the clerk of the superior court and said county, to discharge honestly and faithfully all the duties of the office of Commissioner of Heard County according to the laws and the Constitution of the State of Georgia, which oath shall be entered upon and become a part of the minutes of the office of Commissioner of Heard County, Georgia; additionally, the commissioner shall give bond in the sum of $50,000.00 with a surety company authorized to do business in Georgia as surety, which bond shall be payable to and shall be filed with the Judge of the Probate Court of Heard County for the use and benefit of Heard County. Such bond shall be conditioned upon the satisfactory and faithful performance by the commissioner of the duties of his office and a true accounting of all monies, property and effects of said county coming into his custody, possession or control. The premium for such bond shall be paid from the general funds of Heard County. Oath. Bond. Section 6. The Commissioner of Heard County shall have, and he is hereby vested with, exclusive jurisdiction and control over the following county matters: Powers. (a) in directing, controlling and caring for all property of the county; (b) in levying all general and special taxes for county purposes, according to law; (c) in establishing, altering, building, repairing, laying out, opening, abolishing or closing roads, bridges and ferries in said county and to remove obstructions therefrom; (d) in examining and auditing the accounts of all officers having the care, management, keeping, collection and disbursement of any money belonging to the county, or for its use or benefit and in bringing such accounts to a speedy settlement and to examine and audit the books and records of the county depository and the officers of Heard County through whose hands funds may pass, or to authorize such audit to be done by a clerk or auditor designated by the

Page 4436

commissioner, to require from all such officers and depositories such reports as may be necessary to keep the commissioner fully informed at all times of the financial condition of the county; (e) to make such rules, regulations and provisions for the support of the poor of the county and for the preservation and promotion of the public health for the county with authority to quarantine against contagious diseases and epidemics; (f) in regulating and licensing the practice of occupations in Heard County as provided by the general laws of the State of Georgia now in force or which may be hereafter enacted; (g) to select, hire, appoint, fire or discharge all minor officials or employees of said county, and to adopt such rules and regulations as he may deem best for such minor officials or employees of said county whose election or appointment is not otherwise provided by law; (h) to enter into contracts for and on behalf of said county as hereinafter set forth; (i) to levy and collect special taxes for the purpose of erecting and maintaining hospital buildings or for matching state or federal funds for erecting or maintaining hospital buildings; (j) to generally have and exercise all the powers which are conferred upon county commissioners by the Constitution and laws of Georgia. Section 7. The commissioner shall keep and maintain a set of books and records reflecting the receipts and disbursements of the office of Commissioner of Heard County, which books and records shall be open to the public and subject to inspection during business hours. It shall further be the duty of the commissioner to have an annual audit made of the financial condition of the office of Commissioner of Heard County by an independent certified

Page 4437

public accounting firm, and a certified copy of such audit shall be presented annually to the first grand jury convening after the date of such audit. A summary of such audit shall be published in the official organ of Heard County before the same is presented to the grand jury. Books. Section 8. The commissioner shall devote his full time to the office of Commissioner of Heard County, Georgia, and shall faithfully, honestly and diligently apply himself to conducting the business and financial affairs of Heard County for which he shall be compensated in the amount of $12,000.00 per year, such sum to be paid in equal monthly installments from the funds of Heard County. A vehicle belonging to the county shall be furnished to the commissioner, such vehicle to be used for county governmental purposes only, and the cost of gas, oil, repairs and maintenance shall be paid from the funds of Heard County. Salary. Section 9. The commissioner is authorized to employ a clerk and fix the compensation therefor, such clerk to be paid in monthly, or more frequent, installments from the funds of Heard County as the commissioner may direct. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the commissioner, to keep the books of the county and to discharge such other duties and functions as the commissioner may prescribe. The commissioner shall require from the clerk a good and sufficient bond for the faithful performance of the duties of the clerk, such bond to be payable to the Judge of the Probate Court of Heard County. The clerk shall hold office at the pleasure of the commissioner. Personnel. Section 10. The commissioner is further authorized to employ a superintendent of roads and bridges and fix the compensation therefor to be paid in monthly, or more frequent, installments from the funds of Heard County as the commissioner may direct. The superintendent shall have supervision of the construction of all roads and bridges in the county and the maintenance and unkeep thereof. He shall have supervision of public works forces of said county

Page 4438

under the direction of the commissioner and shall hold office at the pleasure of the commissioner. Superintendent of roads, etc. Section 11. All purchases by the county of supplies, equipment and material in amounts in excess of $300.00 shall be made upon sealed, competitive bids submitted to and received by the commissioner, and to this end it shall be the duty of the commissioner to prepare an estimate of the county's needs and requirements at least annually or more frequently should the commissioner deem it necessary, and to publish such estimate in the official organ of Heard County and to pay on behalf of the county the legal rates of advertisement for such publication. The estimate of requirements shall be divided into commodity divisions and bids shall be requested thereon. Such advertisements shall state the date and place of the opening of the bids and all bids shall be received under seal, and the bids thus received under seal shall not be opened until the specified time and place. At the time and place fixed, the bids so received shall be opened and the bids shall thereafter be retained as a part of the records of the office of Commissioner of Heard County for a period of two years for public inspection. The supplies, equipment and material used by the county shall be purchased from the lowest bidder thus determined, except that the commissioner is hereby authorized in his discretion to reject any or all bids if he shall determine that the lowest bid is too high or is higher than the price paid for the same or similar items in surrounding counties. Provided, however, that if because of emergency or unforeseen causes it shall become imperative to repair any road or equipment or trucks, the commissioner is authorized to expend not more than $500.00 to repair any such truck and to spend not more than $1,500.00 to repair any item of heavy road equipment without advertising for bids, and such repair work shall be done only upon the express approval of the commissioner. Purchases. Section 12. The commissioner shall have authority to employ a competent attorney at law to advise the commissioner and represent the county in any litigation which may arise to which the county is a party. The Commissioner

Page 4439

shall pay said county attorney a reasonable sum for his services and may, whenever it is deemed necessary, employ additional counsel to assist the county attorney. Attorney. Section 13. At least annually, prior to the commencement of the fiscal year, the commissioner shall prepare a budget for the county, which budget shall show the anticipated income and anticipated disbursements of the county for the succeeding fiscal year. The said budget shall be published in the official organ of Heard County. Budget. Section 14. All contracts entered into by the commissioner on behalf of the county shall be in writing and shall be entered upon the minute books of the commissioner by the clerk; provided, however, that in all instances contracts executed by the commissioner on behalf of the county shall at all times comply with the provisions of Code Chapter 23-17, as amended, and the other provisions of Georgia law. Contracts. Section 15. Should any court of this State declare any section, part, paragraph or clause of this Act unconstitutional and invalid for any cause or reason, then such decision shall affect only that section, part, paragraph or clause so declared to be unconstitutional or invalid and shall not affect any other section, part, paragraph or clause of this Act. Severability. Section 16. Not less than 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 election superintendent of Heard County to issue the call for an election for the purpose of submitting this Act to the electors of Heard County for approval or rejection. The superintendent 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 superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Heard County. The ballot shall have written or printed thereon the words:

Page 4440

() YES () NO Shall the Act abolishing the three-member Board of Commissioners of Heard County and creating the one-man office of Commissioner of Heard County be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall 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 Heard County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 17. This section and section 16 shall become effective upon approval of this Act by the Governor or upon its becoming law without his approval. If the Act is approved in the referendum as provided herein, section 2 shall become effective upon such approval. The remaining provisions of the Act shall become effective at the time the Commissioner of Heard County takes office as provided in section 2. The Board of Commissioners of Heard County shall continue in existence until that time. The provisions of law relating to said board shall remain effective until that time, except that no further members of that board shall be elected. Said board shall stand abolished at that time. Effective date. Section 18. An Act creating the Board of Commissioners of Heard County, approved March 27, 1941 (Ga. L. 1941, p. 864), as amended by an Act approved February 13, 1956 (Ga. L. 1956, p. 2346), an Act approved March 15, 1957 (Ga. L. 1957, p. 3341), an Act approved March 3, 1965 (Ga. L. 1965, p. 2113), an Act approved February 27, 1969 (Ga. L. 1969, p. 2120), an Act approved March 8, 1972 (Ga. L. 1972, p. 2113), and an Act approved March 29, 1973 (Ga. L. 1973, p. 2455), is hereby repealed in its entirety. Section 19. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4441

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1975, session of the General Assembly of Georgia a bill calling for a referendum. The purpose of this referendum is for the people of Heard County to vote on a one man Commissioner of Road and Revenue. To repeal conflicting laws and for other purposes. State of Georgia, Heard County. Georgia, Heard County. Personally came before me, Berrien T. McCutchen, who on oath says that he is publisher of The News and Banner, the official organ of Heard County, and that the following attached advertisement to introduce local legislation, appeared in the issues of February 12th, 19th, and 26th, of 1975. /s/ Berrien T. McCutchen Publisher Sworn to and subscribed before me, this 26th day of February, 1975. /s/ Talmadge Davis Clerk of Superior Court of Heard County, Georgia. (Seal). Approved April 17, 1975. DODGE COUNTY COMMISSIONERSALARY INCREASED, ETC. No. 437 (House Bill No. 1153). An Act to amend an Act creating the office of Commissioner of Dodge County, approved August 18, 1912 (Ga. L. 1912,

Page 4442

p. 367), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3161), so as to change the compensation of the Commissioner of Dodge County; to provide for biennial longevity increases; to provide 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 Dodge County, approved August 18, 1912 (Ga. L. 1912, p. 367), as amended, particularly by an Act approved March 22, 1974 (Ga. L. 1974, p. 3161), 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. Said commissioner shall receive for his compensation to be paid out of the county treasury a base salary of Thirteen Thousand Five Hundred Dollars ($13,500.00) per annum for his services, to be paid monthly at the end of each month's service, which salary shall cover all expenses of said office except office expenses such as stationery, books and office supplies, clerk hire and other expenses incurred while transacting business of the county. The base salary of the commissioner shall be increased by five percent for each two-year period of service completed by the commissioner following April 1, 1975, figured at the end of each such two-year period of service. He is authorized to employ such labor as he deems wise and expedient as may be necessary for the best interest of the county, and shall fix such reasonable compensation for such services, as he may think proper. Said commissioner is authorized to employ a regular clerk to keep his minutes and books and perform such other duties as he may require, and said regular clerk shall receive an annual salary of $5,760.00, one-twelfth (1/12) of said salary to be paid monthly at the end of each month's service. Acting in his sole discretion, the Commissioner of Dodge County is hereby authorized to increase the compensation of the clerk by not more than five percent for each two-year period of service completed by the clerk following April 1, 1974, figured at the

Page 4443

end of each such two-year period of service. Said regular clerk shall not be ineligible to hold other official positions by reason of being such clerk, but shall be eligible to hold office of county registrar, etc., and to receive compensation therefor. 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 1975 session of the General Assembly of Georgia a bill to amend an Act creating the office of Commissioner of Dodge County, approved August 18, 1912 (Ga. L. 1912, p. 367), as amended, so as to change the provisions relating to the compensation of the commissioner of Dodge County and to provide for cost of living increases; and for other purposes. This 8th day of Feb., 1975. Terry Coleman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman 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 Times Journal Spotlight which is the official organ of Dodge County, on the following dates: February 12, 19, 26, 1975. /s/ Terry Coleman Representative, 118th District

Page 4444

Sworn to and subscribed before me, this 11th day of March, 1975. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 11, 1976. (Seal). Approved April 17, 1975. DODGE COUNTY SUPERIOR COURT CLERK, ETC.SALARY CHANGED. No. 438 (House Bill No. 1154). An Act to amend an Act placing the Sheriff and Clerk of the Superior Court of Dodge County on an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2721), as amended, so as to change the compensation of the sheriff and clerk of the superior court; to provide for longevity increases; to provide 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 and Clerk of the Superior Court of Dodge County on an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2721), 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 salaries for the officers herein named shall be their full and complete salary, except as herein stated, and all fees or other emoluments now allowed or hereafter allowed by any authority of law, shall be construed to be county funds and accountable for as such. The Sheriff of Dodge County, Georgia, shall receive a base salary of thirteen thousand fifty dollars ($13,050.00) per year and the clerk of the superior court of said county shall receive the base salary of twelve thousand six hundred dollars

Page 4445

($12,600.00) per year, both salaries being payable monthly by the commissioner of said county out of the general funds of said county. The base salaries provided herein for the sheriff and clerk of the superior court shall be increased by five percent of such base salaries for each two-year period of service completed by such officers following April 1, 1975, figured at the end of each such two-year period of service. 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 1975 session of the General Assembly of Georgia a bill to amend an Act placing the Sheriff of Dodge County on an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2721), as amended, so as to change the provisions relating to the compensation of the sheriff and to provide for cost of living increases; and for other purposes. This 8th day of February, 1975. Terry Coleman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman 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 Times Journal Spotlight which is the official organ

Page 4446

of Dodge County, on the following dates: February 12, 19, 26, 1975. /s/ Terry L. Coleman Representative, 118th District Sworn to and subscribed before me, this 11th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Notice of Intention to Introduce Local Leegislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia a bill to amend an Act placing the Clerk of the Superior Court of Dodge County on an annual salary, approved March 10, 1959 (Ga. L. 1959, p. 2721), as amended, so as to change the provisions relating to compensation of the Clerk of the Superior Court and to provide for cost of living increases; and for other purposes. This 8th day of Feb., 1975. Terry Coleman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman 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 Times Journal Spotlight which is the official organ of

Page 4447

Dodge County, on the following dates: February 12, 19, 26, 1975. /s/ Terry L. Coleman Representative, 118th District Sworn to and subscribed before me, this 11th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. LAURENS COUNTY STATE COURTSECRETARY PROVIDED. No. 439 (House Bill No. 1155). 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 April 19, 1973 (Ga. L. 1973, p. 3952), so as to provide for a secretary to the Judge of said Court; 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 creating the State Court of Laurens County, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, particularly by an Act approved April 19, 1973 (Ga. L. 1973, p. 3952), is hereby amended by adding at the end of section 2B a new subsection (c) to read as follows: (c) The Judge 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

Page 4448

authority of Laurens County, but such compensation shall not be less than $250.00 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 Judge 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 said Judge. Secretary. 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 1975 regular session of the General Assembly of Georgia a bill or bills 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 1st day of February, 1975. W. W. Larsen, Jr. Representative, 119th 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 119th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dublin Courier Herald which is the official organ of Laurens County, on the following dates: February 1, 8, 15, 1975. /s/ W. W. Larsen, Jr. Representative, 119th District

Page 4449

Sworn to and subscribed before me, this 10th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. TOWN OF EAST DUBLINCHARTER AMENDEDELECTION PROVISIONS CHANGED. No. 440 (House Bill No. 1156). An Act to amend an Act incorporating the Town of East Dublin, approved February 12, 1952 (Ga. L. 1952, p. 2369), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3652), so as to change the provisions relating to the election 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 incorporating the Town of East Dublin, approved February 12, 1952 (Ga. L. 1952, p. 2369), as amended, particularly by an Act approved April 17, 1973 (Ga. L. 1973, p. 3652), is hereby amended by striking in its entirety section 18 and substituting in lieu thereof a new section 18 to read as follows: Section 18. On the second Wednesday in November of each odd-numbered year, there shall be held an election for mayor and council of said town and the mayor and council so elected shall hold office for a period of two years from January 1st 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.

Page 4450

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1975 Session of the General Assembly of Georgia, a Bill to amend the Charter of the Town of East Dublin, Georgia, (Ga. L. 1952, p. 2369) as heretofore amended to change the provisions as to elections and terms of office of municipal officials, and for other purposes. This 10th day of January, 1975. W. W. Larsen, Jr. Representative, 119th 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 119th 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 11, 18, 25, 1975. /s/ W. W. Larsen, Jr. Representative, 119th District Sworn to and subscribed before me, this 19th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4451

COBB COUNTY JUVENILE COURTSALARY OF JUDGE CHANGED. No. 441 (House Bill No. 1157). An Act to amend an Act providing for the compensation of the Judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3260), so as to change the compensation of said judge; to provide 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 Judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3260), is hereby amended by striking from section 1 the following: $23,500.00, and inserting in lieu thereof the following: $25,500.00, so that when so amended, section 1 shall read as follows: Section 1. The Judge of the Cobb County Juvenile Court shall receive $25,500.00 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.

Page 4452

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 1975 session of the General Assembly of Georgia, a bill to amend an act fixing the compensation of the Judge of the Juvenile Court of Cobb County, Georgia, and for other purposes. 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: February 21, 28, and March 7, 1975. /s/ George H. Kreeger Representative, 21st District Sworn to and subscribed before me, this 11th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. COBB COUNTYSALARY OF TAX COMMISSIONER, ETC., CHANGED. No. 442 (House Bill No. 1158). An Act to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one

Page 4453

office of Tax Commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 4036), so as to change the compensation of the Tax Commissioner and the Chief Clerk of the Tax Commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the one office of Tax Commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 4036), 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 salary of said tax commissioner shall be $18,000.00 per annum to be paid monthly from the funds in the county treasury. The tax commissioner shall be allowed one chief clerk whose salary shall be $15,500.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of Tax Commissioner of Cobb County shall on the date of his qualifying for such office in either a primary or a general election, certify to the Judge of the Probate Court of Cobb County the name of the person he shall appoint as his chief clerk in the event he is elected to the office of Tax Commissioner of Cobb County, and the person so named shall serve as the chief clerk during the term for which he was so named. In the event of the death or removal from office of said chief clerk, the Tax Commissioner of Cobb County shall have thirty days from said date of death or removal from office of said chief clerk to certify to the Judge of the Probate Court of Cobb County the name of the chief clerk to be appointed 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.

Page 4454

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 1975 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of Tax Collector and Tax Receiver of Cobb County into the office of Tax Commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, so as to change the compensation of the tax commissioner; and for other purposes. 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 21, 28, and March 7, 1975. /s/ G. Robert Howard Representative, 19th District Sworn to and subscribed before me, this 11th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4455

COBB COUNTY STATE COURTSALARY OF CLERK CHANGED. No. 443 (House Bill No. 1160). 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, 1971 (Ga. L. 1971, p. 3148) and an Act approved April 17, 1973 (Ga. L. 1973, p. 3637), so as to change the salary provisions relating to the clerk of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3148) and an Act approved April 17, 1973 (Ga. L. 1973, p. 3637), is hereby amended by striking in section 23 the following: $14,000.00, and substituting in lieu thereof the following: $16,000.00, 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 $16,000.00, 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. Salary. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved

Page 4456

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 1975 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), as amended so as to change the compensation of the judge the solicitor and the clerk of said county; and for other purposes. 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 21, 28, and March 7, 1975. /s/ G. Robert Howard Representative, 19th District Sworn to and subscribed before me, this 11th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4457

COBB COUNTY PROBATE COURTSALARY OF CLERK CHANGED. No. 444 (House Bill No. 1163). An Act to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the Clerk of the Probate 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 changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, is hereby amended by striking from section 3 the following: $11,500.00, and inserting in lieu thereof the following: $13,000.00, so that when so amended, section 3 shall read as follows: Section 3. That the Judge of the Probate Court of said county shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of his office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. The clerk of the probate court shall be compensated in the amount of $13,000.00 per annum to be paid in equal monthly installments from the funds of Cobb County.

Page 4458

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 1975 session of the General Assembly of Georgia, a bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 428), as amended, so as to change the compensation of the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court and the Judge of the Probate Court's Clerk; and for other purposes. 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 21, 28, and March 7, 1975. /s/ G. Robert Howard Representative, 19th District Sworn to and subscribed before me, this 11th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4459

COBB COUNTY SUPERIOR COURT CLERK, ETC.SALARY CHANGES. No. 445 (House Bill No. 1164). An Act to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3143) and an Act approved March 25, 1974 (Ga. L. 1974, p. 3262), so as to change the compensation of the clerk of the superior court, the sheriff, the deputy clerk of the superior court and the chief 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 changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 3143) and an Act approved March 25, 1974 (Ga. L. 1974, p. 3262), is hereby amended by striking in section 2 the following: $16,000.00, and substituting in lieu thereof the following: $18,000.00, so that when so amended, section 2 shall read as follows: Section 2. That the salary of the Clerk of the Superior Court and the Sheriff of Cobb County shall be $18,000.00 each, per annum to be paid in equal monthly installments from the funds of Cobb County. The salary of the Judge of the Probate Court of Cobb County shall be $22,000.00,

Page 4460

to be paid in equal monthly installments from the funds of Cobb County. Clerk. Section 2. Said Act is further amended by striking in section 4 the following: $13,500.00, and substituting in lieu thereof the following: $15,500.00, so that when so amended, section 4 shall read as follows: Section 4. That the Clerk of the Superior Court of Cobb County shall have a deputy clerk whose salary shall be $15,500.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of Clerk of the Superior Court of Cobb County shall on the date of his qualification for such office in either a primary or general election certify to the Judge of the Probate Court of Cobb County the name of the person he shall appoint as his deputy clerk in the event he is elected to the office of clerk, and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he was so named. In the event of the death or the removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the Judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed by him. That in addition to said deputy clerk, the Clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of the office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. Deputy clerk. Section 3. Said Act is further amended by striking from section 5 the following: $13,580.00,

Page 4461

and substituting in lieu thereof the following: $15,500.00, so that when so amended, section 5 shall read as follows: Section 5. That the Sheriff of Cobb County shall have one chief deputy whose salary shall be $15,500.00 per annum to be paid monthly from the funds in the county treasury. Said chief deputy shall offer for said office and be elected to same at the time as the said sheriff offers for office and is elected. That in the event the office of sheriff becomes vacant by death, resignation or otherwise, the vacancy shall be filled for the remaining unexpired term thereof by the said chief deputy who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the Sheriff of Cobb County. That in addition to the said chief deputy the said sheriff shall be authorized and empowered to name and appoint additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County provided, however, that said salaries shall not be less than $4,560.00 per annum per each additional deputy approved by the said governing authority of Cobb County. In addition to the said chief deputy and other deputies above provided for, the Sheriff of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of his office provided that the number of employees and salaries or other compensation, to be paid to each shall first be approved by the governing authority of Cobb County. In addition to those employees as provided for above, there is hereby created the office of Chief Investigator for Cobb County. The chief investigator shall be appointed by the sheriff and shall be under his direct supervision and control. The individual appointed by the Sheriff of Cobb County shall possess as a minimum a high school education and be either a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers, or possess ten years of actual experience as a peace officer. The

Page 4462

salary shall be fixed by the governing authority of Cobb County, which salary shall not be less than $7,250.00 nor more than $9,050.00 per annum. Sheriff, chief deputy. 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 1975 session of the General Assembly of Georgia, a bill to amend an Act changing the compensation of the Clerk of the Superior Court, the Sheriff and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 428), as amended, so as to change the compensation of the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court and the Judge of the Probate Court's Clerk, and for other purposes. 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 21, 28 and March 7, 1975. /s/ G. Robert Howard Representative, 19th District

Page 4463

Sworn to and subscribed before me, this 11th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. GWINNETT COUNTY PUBLIC FACILITIES AUTHORITY ACT. No. 446 (House Bill No. 1171). An Act to create the Gwinnett County Public Facilities Authority and to authorize such authority, to acquire, construct, equip, maintain and operate a fire station or stations and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell 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 term of tenure and compensation, to authorize the Authority to contract with others pertaining to the fire station 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 leases and income from conveyances of real property of the Authority, and to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of

Page 4464

the Authority for the payment of such bonds or obligations and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Gwinnett County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; 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. 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; to provide for the separable 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, Gwinnett County has been and is steadily increasing in population and Gwinnett County does not have adequate fire station facilities for its citizens and there exists an urgent need to provide the citizens of such County and environs and others with adequate fire station facilities for the purpose of promoting the health and general welfare of such citizens; and Whereas, it is advisable to authorize the financing, in whole or in part, of the acquisition, construction, equipping, maintenance and operation of a fire station or fire stations and the usual facilities related thereto, and extensions and improvements of such facilities, the acquisition of fire station facilities and fire station areas in connection therewith, the acquisition of the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property, by the issuance of revenue bonds or obligations of the Authority for that purpose. Now, Therefore, be it enacted by the General Assembly of Georgia:

Page 4465

Section 1. Short Title . This may be cited as the Gwinnett County Public Facilities Authority Act. Section 2. Gwinnett County Public Facilities Authority. There is hereby created a body corporate and politic to be known as the Gwinnett County Public Facilities Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees. The Authority is hereby granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the Authority as provided under the provisions of this Act. The Authority shall consist of three (3) members who shall be residents of Gwinnett County and who shall be appointed by the Board of Commissioners of Gwinnett County. The members of the Authority shall be appointed to serve for a term of one (1) year from the date of such appointment and until their successors shall have been selected and appointed. The Chairman of the Board of Commissioners of Gwinnett County or one of the members of the Board of Commissioners of Gwinnett County may be appointed to serve as members of the Authority, but in no event shall there be serving at any one time as members of the Authority more than one member of the Board of Commissioners or the Chairman. The two members of the Authority who are not a member of the Board of Commissioners or the Chairman of the Board of Commissioners shall reside in that area of Gwinnett County included within a Gwinnett County Fire District. The term of office of a member who holds his appointment by reason of his being a member of the appointing body, shall expire when his term of office as a member of such appointing body expires.

Page 4466

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 chairman and another member as vice-chairman and it shall also elect a secretary and treasurer, who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights. Two-thirds of the 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 reimbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Definitions. As used in this Act the following words and terms shall have the following meanings: (a) The word Authority shall mean the Gwinnett County Public Facilities Authority created in Section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of a fire station or stations and the usual facilities related thereto, and extensions and improvements of such facilities, the acquisition of fire station facilities or fire station areas in connection therewith, the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such fire station facilities and areas, deemed by the Authority to be necessary, convenient or desirable.

Page 4467

(c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of 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 and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, 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 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. 1957, p. 36 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 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 of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers. The Authority shall have powers: (a) To have a seal and alter the same at pleasure;

Page 4468

(b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, and no property shall be acquired under the provisions of this Act upon which any lien or 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 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 of Georgia for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the Chairman of the Authority; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in Gwinnett County or in any municipality incorporated in said County, the governing authority or body of said County or of any of said municipalities, is hereby authorized to convey title to such lands to the Authority upon payment to the credit of the general funds of said County or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said County or municipality and the Chairman of the Authority; (d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;

Page 4469

(e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms and corporations, the State 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 and sublease agreements, with the State of Georgia, or any agencies or departments thereof relative to fire stations, areas and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof and the Authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in section 17 of this Act. Any provisions to this Act to the contrary notwithstanding any lease entered into between the Authority as lessor and Gwinnett County as leasee, the Authority shall accept and the County shall use for payment in accordance with the terms of any such lease only those funds obtained by Gwinnett County from a special fire protection tax levy in a Gwinnett County Fire District, or any modification, expansion or enlargement of a Gwinnett County Fire District where such special tax levy has been approved by the qualified electors in a Gwinnett County Fire District or any modification, expansion or enlargement of a Gwinnett

Page 4470

County Fire District in a referendum held for the purpose of approving and authorizing the governing authority of Gwinnett County to levy a special tax on a district basis for fire protection purposes; (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/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (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 impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (k) The Authority and the trustee acting under the trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein

Page 4471

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 17 hereof; (l) To borrow money for any of its corporate purposes from any bank, banks or other lending institutions for a period of time not to exceed ten (10) years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the Authority from a lease or leases entered into by the Authority as the lessor and Gwinnett County as the lessee, provided, however, said lease or leases were entered into pursuant to the provisions of this Act which limits the County to the use of tax funds derived solely from tax funds obtained from a special tax levy approved by the qualified electors in a referendum. (m) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue Bonds. This Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto. Interest shall be payable semi-annually, principal 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

Page 4472

be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. L. 1957, p. 36, et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et. seq.), as amended, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. 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 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 the principal alone and also as to both the principal and interest. Section 7. Same; Signatures; Seal. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary 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. 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 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.

Page 4473

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 laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Section 9. Same; Sale; 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 bond or any 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 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

Page 4474

constitute a debt of Gwinnett County, nor a pledge of the faith and credit of said County, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for 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 outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bond-holders 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, safe-guarding 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 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

Page 4475

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 resolution or trust indenture 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 and any monies derived from the sale of any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the 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) any premium upon bonds acquired by redemption, payment or otherwise, and (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5)

Page 4476

any investment fees or charges. 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 be reissued, printed and delivered. 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 here-under 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 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

Page 4477

governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Gwinnett County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 20. 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 or the United States Government or any department or agency of the United States Government, if subject to being sued and if consenting to same, 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, 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 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, the State and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Gwinnett County Public Facilities Authority. Section 21. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding,

Page 4478

the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, 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 Fund. 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. 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 fire station or stations and the usual facilities related thereto, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring fire station facilities and fire station areas and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority, necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and revise from time to time rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities

Page 4479

or commodities furnished, including leases, concessions or subleases of its lands or 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, to issue revenue bonds as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereafter made or the sale of any of its lands and facilities. Section 25. 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 fire station facilities shall be furnished. Section 26. (a) All meetings of the Authority shall be opened to the public at all times. Ample notice shall be given to all members of the Authority and to the public of any special or called meeting of the Authority. The minutes of all meetings and all actions taken by the Authority shall likewise be opened to public inspection. (b) Each purchase made in behalf of the Authority of personal property or services in excess of $500.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organ of Gwinnett County prior to the award of any contract. All bids shall be opened during meetings of the Authority and the rejection or acceptance thereof shall be entered upon the minutes of the Authority. (c) Any surplus or unserviceable property of the Authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organ of Gwinnett

Page 4480

County. All bids for the disposal of such property shall be opened during public meetings of the Authority and the acceptance and rejection thereof shall be entered upon the minutes of the Authority. (d) The affirmative action of at least two members of the Authority shall be required in order that any action on behalf of the Authority may be taken. (e) At the conclusion of each fiscal year of the Authority, the affairs of the Authority shall be audited by a certified public accounting firm. The Board of Commissioners of Gwinnett County shall select the firm which shall conduct the audit. A synopsis of the audit shall be published in the official organ of Gwinnett County as soon as the report of the auditors is submitted to the Authority. (f) All funds of the Authority which are not required for the normal operations of the Authority shall be invested in interest bearing investments within 30 days of their receipt by the Authority. Section 27. Powers Declared Supplemental and Additional. The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Liberal Construction of Act. This Act being for the purpose of promoting the health and general welfare of the citizens of the United States, of the State of Georgia and Gwinnett County, shall be liberally construed to effect the purposes hereof. Section 29. Effect of Partial Invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full

Page 4481

force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof. Section 30. Repeal. This Act does not in any way take from Gwinnett County or any municipality located therein, the authority to own, develop, operate and maintain fire stations and fire station facilities, or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia (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. Section 31. 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. However, the Authority shall not become operative until such time as the governing authority of Gwinnett County shall, by appropriate resolution, declare the need for the Authority within Gwinnett County. Section 32. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Legislation. Notice is hereby given that there will be introduced at the 1975 Session of the General Assembly of Georgia, a bill creating a Gwinnett County Public Facilities Authority, conferring powers and imposing duties on said authority and for other purposes. This 6th day of February, 1975. Homer M. Stark Attorney for Gwinnett County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Vinson Wall who,

Page 4482

on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lawrenceville Home Weekly which is the official organ of Gwinnett County, on the following dates: February 12, 19, and 26, 1975. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me this 12th day of March, 1975. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1975. (Seal). Approved April 17, 1975. FANNIN COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 447 (House Bill No. 1172). An Act to amend an Act placing the Sheriff of Fannin County upon an annual salary, approved March 11, 1965 (Ga. L. 1965, p. 2294), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2713), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2634), so as to change the compensation of the sheriff; to change the amount allowed the sheriff for the feeding of prisoners; to provide for the employment and compensation of certain of the sheriff's personnel; to provide for all 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:

Page 4483

Section 1. An Act placing the Sheriff of Fannin County upon an annual salary, approved March 11, 1965 (Ga. L. 1965, p. 2294), as amended by an Act approved March 21, 1968 (Ga. L. 1968, p. 2713), and an Act approved April 15, 1969 (Ga. L. 1969, p. 2634), 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 of Fannin County shall receive an annual salary of $10,500.00 per annum, payable in equal monthly installments from the funds of Fannin County. The sheriff shall also receive from county funds, for each prisoner confirmed in the county jail, $3.50 per day to feed said prisoners. Salary. Section 2. Said Act is further amended by striking section 4 in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The sheriff of Fannin County shall have the sole power and authority to appoint the following personnel, each of whose compensation shall be payable in equal monthly installments from the funds of Fannin County: two deputies who shall receive an annual salary not exceeding $8,500.00; three deputies who shall receive an annual salary not exceeding $7,500.00; two deputies who shall receive an annual salary not exceeding $7,500.00, provided that the said two deputies shall be employed only for the purpose of complying, as necessary, with the federal minimum wage and hour laws; three radio operators who shall receive an annual salary not exceeding $7,200.00; one janitor who shall receive an annual salary not exceeding $5,300.00; and one secretary who shall receive an annual salary not exceeding $7,500.00. No employee of the sheriff shall receive a monthly salary which is in excess of one-twelfth the annual salary provided in this Section. The sheriff shall also be authorized to employ such additional personnel to assist him in discharging the official duties of his office as deemed necessary by the governing authority of Fannin County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the persons who shall be employed by him

Page 4484

and to prescribe their duties and assignments and to remove or replace such employees at will and within his sole discretion. The governing authority of Fannin County shall fix the compensation of the personnel provided for in this section, within the prescribed limitations. 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 Fannin County shall furnish the sheriff with not less than two automobiles equipped with the equipment commonly on or in automobiles used by law enforcement officers including two-way radios. The automobiles so furnished shall be the property of Fannin County and shall be used by the sheriff and his deputies only on official business. The governing authority of said county shall also furnish all the necessary gasoline, oil, maintenance and repair costs for said automobiles and replace said automobiles when necessary. Automobiles. Section 4. 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 Intenion to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff of Fannin County on an annual salary, approved March 11, 1965 (Ga. L. 1965, p. 2294), as amended; and for other purposes. This 14th day of January, 1975. Carlton Colwell Representative Ralph Twiggs Representative

Page 4485

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 Blue Ridge Summit which is the official organ of Fannin County, on the following dates: January 16, 23, and 30, 1975. /s/ Carlton Colwell Representative, 4th District. Sworn to and subscribed before me, this 12th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. LAURENS COUNTY BOARD OF COMMISSIONERSSALARIES CHANGED. No. 448 (House Bill No. 1178). An Act to amend an Act creating a board of commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved February 26, 1957 (Ga. L. 1957, p. 2213) and an Act approved March 21, 1969 (Ga. L. 1969, p. 2274), so as to provide for a change in the compensation 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 Laurens County, approved December 1, 1893 (Ga. L. 1893,

Page 4486

p. 362), as amended, particularly by an Act approved February 26, 1957 (Ga. L. 1957, p. 2213) and an Act approved March 21, 1969 (Ga. L. 1969, p. 2274), is hereby amended by striking Section VIII in its entirety, and substituting in lieu thereof a new Section VIII, to read as follows: Section 8. Each member of the board of commissioners of Laurens County shall receive as compensation for his services a sum, determined within the discretion of the board of commissioners, not to exceed $4,800.00 per annum and payable in equal monthly installments. They shall be required to give all of the time and attention necessary to adequately and efficiently perform their duties in the supervision of the road and bridge work being conducted and carried on in said county, in handling the financial affairs of said county and in the performance of their duties, as is required of them by law and good business practice. 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 there will be introduced at the 1975 regular session of the General Assembly of Georgia a bill or bills for the purpose of providing for the compensation and expenses of the Commissioners of Roads and Revenues of Laurens County, to provide an effective date and for other purposes. This 1st day of February, 1975. W. W. Larsen, Jr. Representative, 119th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. W. Larsen, Jr. who, on oaths, deposes and says that he is Representative from the 119th District, and that the attached copy of Notice

Page 4487

of Intention to Introduce Local Legislation was published in the Dublin Courier-Herald which is the official organ of Laurens County, on the following dates: February 1, 8, and 15, 1975. /s/ W. W. Larsen, Jr. Representative, 119th District Sworn to and subscribed before me, this 12th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. APPLING COUNTY STATE COURTSALARY OF JUDGE CHANGED, ETC. No. 449 (House Bill No. 1184). An Act to amend an Act establishing the State Court of Appling County, approved December 1, 1897 (Ga. L. 1897, p. 420), as amended, so as to change the minimum salaries of the judge and the solicitor of said court; to authorize the governing authority of Appling County to fix the salaries of the judge and the solicitor of said court; to change the terms of court; to provide for a court reporter and his compensation; 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 Appling County, approved December 1, 1897 (Ga. L. 1897, p. 420), 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:

Page 4488

Section 4. There shall be a judge of said State Court of Appling County, who shall be elected by the qualified voters of the County of Appling, and whose term of office shall be four years. All vacancies in said office shall be filled by holding a special election for the purpose of electing a new judge for the unexpired term. The judge of said State Court of Appling County shall receive a salary of not less than six thousand dollars ($6,000.00) per year, which shall be fixed by the governing authority of Appling County and paid in equal monthly installments out of the treasury of the County of Appling. Judge. Section 2. Said Act is further amended by striking section 6 in its entirety and inserting in lieu thereof a new section 6, to read as follows: Section 6. There shall be a solicitor of said State Court of Appling County, who shall be elected each four years by the qualified voters of Appling County at the same time as the general election is held in Appling County, Georgia, whose term of office shall be four years beginning with the first day of January immediately following his election. The first of such four-year terms shall begin with January 1, 1959, and the person elected therefor shall be elected at the aforesaid election in the year 1958. The salary and fees of said solicitor shall be as follows: He shall be paid an annual salary of not less than six thousand dollars ($6,000.00), when shall be fixed by the governing authority of Appling County and paid in equal monthly installments out of the treasury of Appling County, which salary shall be full compensation for all services rendered in said State Court of Appling County of every kind whatever, except as hereinafter provided. All vacancies in said office shall be filled by appointment of the Governor, any such appointment to be for the unexpired term. Solicitor. 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 terms of the State Court of Appling County shall be conducted on the second Monday of each and

Page 4489

every month of the year, and such terms shall remain open for the transaction of business until the next succeeding term of said court. Each term of court shall have a jury and a nonjury calendar. When there are not sufficient contested jury cases, the judge of said court, in his discretion, may omit the drawing of a jury for any term of court. Provided, however, the decision to omit jury cases shall not preclude the judge of said court from having a nonjury calendar during any term of court. The judge at the beginning of each jury term shall cause a traverse jury to be impaneled for the purpose of selecting jurors to try cases during said term. Terms. Section 4. Said Act is further amended by adding a new section immediately following section 27, to be designated section 27A, to read as follows: Section 27A. There shall be a court reporter of the State Court of Appling County appointed by the judge thereof who shall be subject to removal at any time by said judge. All civil cases in said court shall be reported at the request of either plaintiff or defendant, and the stenographic and transcription fees for the reporting of such cases shall be fixed by the judge of said court to be paid equally by the plaintiff and defendant except the charge for transcribing said testimony which shall be paid by the party ordering the transcription. The court reporter shall have the right to enforce the collection of his fees in the same manner as court reporters in the superior courts of this State. The court reporter shall receive not less than twenty-five dollars ($25.00) per month for attending criminal sessions of said court, payable out of the general funds of Appling County. Court reporter. 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 1975 Session of the General Assembly of Georgia, a bill to amend an Act establishing the State Court of Appling County, approved December 1, 1897 (Ga. L. 1897,

Page 4490

p. 420), as amended, so as to change the salaries of the judge and the solicitor of said court; to change the terms of court; to provide for a court reporter and his compensation; and for other purposes. This 14th day of February, 1975. J. G. Harris Representative, 138th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. G. (Sonny) Harris who, on oath, deposes and says that he is Representative from the 138th 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 20, 27, March 3, 1975. /s/ J. G. (Sonny) Harris Representative, 138th District Sworn to and subscribed before me, this 5th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18. 1976. (Seal). Approved April 17, 1975. UNION COUNTYOFFICE OF COMMISSIONER CREATEDREFERENDUM. No. 450 (House Bill No. 1187). An Act to create the office of Commissioner of Union County; to provide that said Commissioner shall be vested with

Page 4491

the control and management of the affairs of Union County and shall constitute the governing authority of Union County; to provide for procedures, requirements and other matters relative to the foregoing; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the office of Commissioner of Union County, and said Commissioner shall be vested with the control and management of the affairs of Union County and shall constitute the governing authority of said county. Any person who has been a resident of Union County for at least one year prior to his election and who is a registered elector of Union County eligible to vote for members of the General Assembly shall be eligible to hold the office of Commissioner of Union County. Created. Section 2. The first Commissioner of Union County provided for by this Act shall be elected at the general election held in 1976, and shall take office on the frist day of January, 1977, for a term of four years and until his successor is elected and qualified. Thereafter, future successors shall be elected at the general election immediately preceding the expiration of the term of office 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. All elections for Commissioner shall be held and conducted in accordance with the provisions of Code Title 34, known as the Georgia Election Code, as now or hereafter amended. Election. Section 3. Before entering upon the duties of his office, the Commissioner shall subscribe to the oath required by law of county officers and shall also give bond, with good security, payable to the Governor of this State, and his successors in office, in the sum of $10,000.00, conditioned for the faithful performance of his duties as Commissioner, which bond shall be approved by the Judge of the Probate Court of said county. Any cost arising from the execution of

Page 4492

this bond shall be paid from the general funds of the county. Said Commissioner shall devote his entire time to his office. Oath. Section 4. In the event a vacancy occurs in the office of Commissioner, with more than six months remaining before the date of the next election at which a successor would be elected, for any reason, the Judge of the Probate Court of Union County shall appoint a person to serve as Commissioner until a person is elected at a special election as hereinafter provided. It shall be the duty of the Judge of the Probate Court to issue the call for a special election not more than twenty days after the date such vacancy occurs, and such election must be held on a day not less than thirty nor more than forty-five days from the date of the issuance of the call. The date and purpose of the election shall be published in the official organ of the county once a week for two weeks immediately preceding the date of the election. Said election shall be held under the general rules applicable to special elections and the Judge of the Probate Court shall declare and certify the results thereof. The person elected at such election shall serve for the unexpired term. If a vacancy occurs for any reason within a period of not more than six months prior to the date of the election at which a successor to the Commissioner is to be elected, the Judge of the Probate Court shall appoint a person to serve for the remainder of the unexpired term. Vacancy. Section 5. The Commissioner shall be compensated in the amount of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Union 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 Union County, which shall include reimbursement for expenses incurred in attendance upon meetings of the Association, County Commissioners of Georgia. The Commissioner shall be authorized to use a county-owned and maintained vehicle in carrying out his official duties. Salary. Section 6. (a) The Commissioner shall have and exercise all the powers which are vested by law in the judges of the probate courts when sitting for county purposes and is

Page 4493

hereby expressly given complete power, authority and control relative to county matters of Union 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 Union 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. Powers. (b) The Commissioner shall have the sole right to lay out, open, change or discontinue public roads of said county when and where necessary, according to the laws now in force and effect, and shall have the sole management of the working of said roads. Road work shall be accomplished either by hired labor or by contract, whichever is most economical to the county. Contracts for public works will be let in accordance with the general laws of this State. Section 7. The Commissioner shall be authorized to purchase such machinery, tools, equipment and supplies as may be necessary for the efficient operation of the government of the county. Purchases. Section 8. The Commissioner shall be authorized to dispose of unserviceable personal property belonging to the county pursuant to Code section 91-804, relative to the sale of unserviceable public property. Said Commissioner shall be authorized to sell real property belonging to the county in conformity with Code section 91-804A, relating to the public sale of county-owned real property. Sale of property. Section 9. It shall be unlawful for the Commissioner to have any financial interest in the sale or purchase of any article to or from the county or to receive any rebate, expense account, transportation or other valuable consideration in connection with or through the purchase of any equipment, materials or supplies for the county or the awarding of any contract to the county. Section 10. It shall be the duty of the Commissioner to maintain an accurate running list of all county real and

Page 4494

personal property having a value of $50.00 or more. An annual inventory of all property subject to his control shall be taken on or before January 15 of each year. The inventory list shall include the nomenclature of the item, make and serial number, date of purchase or disposal, name of seller or buyer and price of the item. The Commissioner shall submit a copy of the inventory to the first meeting of the grand jury after the inventory has been taken. Inventory. Section 11. The Commissioner or his clerk, as directed by the Commissioner, shall keep a book or books of records in which shall be recorded all official acts, and the Commissioner shall be authorized to expend county funds arising from the ad valorem tax and other county funds as may be necessary to pay for the government of the county and county improvements. Books. Section 12. It shall be the duty of all officers of Union County now required by law to pay funds over to the county teasurer to pay the same over to the Commissioner of said county from and after January 1, 1977, which funds shall be by him deposited in the county depository of said county, and said funds shall not be paid out except on check of said Commissioner. Section 13. It shall be the duty of the Commissioner, in paying obligations of the county, to issue checks which shall show the check number, the date, the name of the payee, the amount, the purpose for which the same is issued, and the fund out of which the same is paid, and shall maintain for his records either a stub showing the same information, or a carbon copy of such check. It shall also be his duty to keep a well-bound book in which all deposits made shall be allocated to the particular funds in accordance with the provisions of law, and in which all checks issued shall be shown, so as to provide at all times up-to-date information relative to funds on hand in the various funds provided by law. Section 14. It shall be the duty of said Commissioner to prepare quarterly a brief summary of all funds received and all funds paid out during such quarter. Each such summary

Page 4495

shall be posted on the bulletin board of the Union County Courthouse and maintained thereon for at least 30 days following each such quarter. Summary. Section 15. The Commissioner shall have the books and accounts of all officers of Union County, who in any way handle any of the public funds of said county, audited by a certified public accountant of this State as soon as practicable after he takes charge of the affairs of said county to cover such period as he deems advisable. Said audit shall be filed in the office of said Commissioner and shall at all times be subject to inspection by any citizen or taxpayer of said county. Thereafter, the Commissioner may have conducted such audits of the financial affairs of Union County as said Commissioner deems necessary or desirable consistent with the general laws of this State. Audits. Section 16. 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 election superintendent of Union County to issue the call for an election for the purpose of submitting this Act to the electors of Union County for approval or rejection. The superintendent shall set the date of such election for not later than October 31, 1975. He shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Union County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act creating the office of Commissioner of Union County as the governing authority of said county and providing for the election of said Commissioner be approved? Referendum. All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided by section

Page 4496

17 of this Act, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Union County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 17. If this Act is approved at the referendum election provided for by section 16 of this Act, then this Act shall be effective on January 1, 1977, but the provisions of this Act necessary for the election of the Commissioner created by this Act at the 1976 general election shall be effective, if this Act is approved at said referendum election, for the purpose of said election upon the approval of this Act at said referendum election. Effective date. Section 18. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to create the office of Commissioner of Union County; to provide for all matters relative thereto; and for other purposes. This 14th day of Jan., 1975. 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 North Georgia News which is the official organ of

Page 4497

Union County, on the following dates: January 16, 23, 30, 1975. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 5th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. JOHNSON COUNTYSALARY OF TAX RECEIVER CHANGED. No. 451 (House Bill No. 1197). An Act to amend an Act placing the Tax Receiver of Johnson County on an annual salary in lieu of the fee system of compensation, approved March 30, 1971 (Ga. L. 1971, p. 2613), so as to change the annual salary of the tax receiver; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Tax Receiver of Johnson County on an annual salary in lieu of the fee system of compensation, approved March 30, 1971 (Ga. L. 1971, p. 2613), 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 tax receiver shall receive an annual salary of $4,800.00, payable in equal monthly installments from county funds. Salary.

Page 4498

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legislation will be introduced in the 1975 session of the General Assembly to raise the Tax receiver's salary $25.00 per month. If you have any objections please call Tom C. Carr, 552-3093 or write. 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 105th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wrightsville Headlight which is the official organ of Johnson County, on the following dates: February 6, 13, 20, 1975. /s/ Tom C. Carr Representative, 105th District Sworn to and subscribed before me, this 13th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. COBB COUNTY STATE COURTCERTAIN DUTIES REQUIRED BY SOLICITOR AND STAFF. No. 452 (House Bill No. 1205). An Act to amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211),

Page 4499

as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 2124), and by an Act approved March 13, 1975 (Ga. L. 1975, p......; Act No. 78 of the regular 1975 Session; House Bill 629), so as to require the solicitor of said court and his staff to perform the same functions in relation to matters within the jurisdiction of the magistrates of said court as they perform in relation to matters within the jurisdiction of the judges of said court; to provide for an additional assistant 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 Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 15, 1973 (Ga. L. 1973, p. 2124), and by an Act approved March 13, 1975 (Ga. L. 1975, p......; Act No. 78 of the regular 1975 session; House Bill 629), is hereby amended by adding following the first sentence in section 27(d), the following: The solicitor and his staff shall perform the same functions in relation to matters within the jurisdiction of the magistrates of the State Court of Cobb County as they perform in relation to matters within the jurisdiction of the judges of the State Court of Cobb County, and the solicitor shall have the authority to appoint an additional assistant solicitor to enable the solicitor and his staff to perform such functions., so that when so amended, section 27 (d) shall 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 solicitor and his staff shall perform the same functions in relation to matters within the jurisdiction of the magistrates of the State Court of Cobb County as they perform in relation to matters within the jurisdiction of the judges of the State

Page 4500

Court of Cobb County, and the solicitor shall have the authority to appoint an additional assistant solicitor to enable the solicitor and his staff to perform such functions. 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 $18,000.00 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. Solicitor. 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-February 1975 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 27th day of December, 1974. Joe L. Thompson Roy E. Barnes Haskew Brantley Senators George H. Kreeger Ken Nix A. L. Burruss Joe Mack Wilson G. Robert Howard Bill Cooper Chuck Edwards Carl Harrison Representatives

Page 4501

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper 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 24, 31 and February 7, 1975. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 13th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. COBB COUNTY STATE COURTSALARY OF SOLICITOR CHANGED. No. 453 (House Bill No. 1206). 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 March 25, 1974 (Ga. L. 1974, p. 3527), so as to change the compensation 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 Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as

Page 4502

amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3257), is hereby amended by striking in section 27 (b), the following: $22,500.00, and substituting in lieu thereof, the following: $24,000.00, so that when so amended, section 27 (b) shall read as follows: (b) The compensation of the solicitor shall be $24,000.00 per annum, payable in equal monthly installments from the funds of Cobb County. Said compensation shall be in lieu of any and all perquisites, fines, forfeitures, commissions, funds, monies and fees allowed him as compensation in any capacity. The solicitor shall diligently and faithfully undertake to collect all perquisites, fines, forfeitures, commissions, funds, monies and fees allowed him as compensation for his services in any capacity and shall pay the same into the county treasury on or before the 15th day of each month next following the month in which they were collected or received. Said solicitor shall not engage in the private practice of law during the term of office for which he is elected. 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-February, 1975 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

Page 4503

Court of Cobb County, approved March 28, 1964, (Ga. L. 1964, p. 3211), and for other purposes. This 27th day of December, 1974. Joe L. Thompson Roy E. Barnes Haskew Brantley Senators George H. Kreeger Ken Nix A. L. Burruss Joe Mack Wilson G. Robert Howard Bill Cooper Chuck Edwards Carl Harrison Representatives 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 24, 31, and February 7, 1975. /s/ Ken Nix Representative, 20th District Sworn to and subscribed before me, this 17th day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975.

Page 4504

TOWN OF LOCUST GROVECHARTER AMENDEDTERM OF MAYOR CHANGED. No. 454 (House Bill No. 1207). 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 change the term of office of the mayor 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 Town of Locust Grove, approved August 19, 1922 (Ga. L. 1922, p. 885), as amended, is hereby amended by striking from section 4, the following: The mayor to be elected annually as heretofore provided by said charter, and said elections of both the mayor and councilmen to otherwise remain as heretofore provide by said charter, that is the manner of qualifying and the manner of conducting said election., and inserting in lieu thereof the following: Beginning with the election on the first Monday in December, 1975, the mayor shall be elected for a term of office of two years and until his successor is duly elected and qualified, and said elections of both the mayor and councilmen to otherwise remain as heretofore provided by said charter, that is the manner of qualifying and the manner of conducting said election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a bill to amend an Act creating a new Charter for the Town of Locust Grove, approved April 19, 1922 (Ga. L.

Page 4505

1922, p. 885), as amended, so as to change the term of office of the mayor of said town; to change the rate of millage for ad valorem taxes and for other purposes. This 27th day of January, 1975. Ray M. Tucker Representative, 73rd 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 73rd 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 30, February 6, 13, 1975. /s/ Ray M. Tucker Representative, 73rd District Sworn to and subscribed before me, this 27the day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 17, 1975. CERTAIN COUNTIESCORONERS FEES INCREASED (66,000 - 73,000). No. 471 (Senate Bill No. 22). An Act to increase the fees of coroners for services in connection with the holding of inquests in counties having a

Page 4506

population of not less than 66,000 or more than 73,000, according to the 1970 United States decennial census, or any such future 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. In all counties of the State having a population of not less than 66,000 nor more than 73,000 inhabitants, according to the 1970 United States decennial census, or any future United States census, the fees for coroners for summoning an inquest on a dead body and returning an inquisition shall be fifty dollars ($50.00). 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 18, 1975. CERTAIN COUNTIESBOARD OF ELECTIONS PROVIDED (18,200 - 18,300). No. 474 (Senate Bill No. 30). An Act to provide for a board of elections in each county in the States having a population of not less than 18,200 nor more than 18,300, according to the United States Decennial Census of 1970, or any future such census; 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

Page 4507

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 in the State having a population of not less than 18,200 nor more than 18,300, according to the United Decennial Census of 1970, or any future such census, a board of elections which shall have jurisdiction over the conduct of primaries and elections in such county. Creation. Section 2. The board of elections in each such county shall be composed of three members, each of whom shall be an elector and resident of the county, and who shall be appointed by the governing authority in the county. One member of the board of elections shall be a member of a political party which received the highest number of votes within the county for its candidate for governor in the general election immediately preceding the appointment of the member, and one member of the board of elections shall be a member of a political party which received the second highest number of votes within the county for its candidate for governor in the general election immediately preceding the appointment of the member. The members of the board shall serve for terms of office of four years and until their successors are duly appointed and qualified. The board of county commissioners shall appoint one of the members of the board of elections to serve as chairman. Members. 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 board of county commissioners 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

Page 4508

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. Appointment. Section 5. Each member of the board 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 board of county commissioners 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. Succession. Section 6. In the event a vacancy occurs in the office of any appointed member before the expiration of his term, by removal, death, resignation, or otherwise, the board of county commissioners 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 of members. Vacancy. Section 7. The first members of the board under this Act shall take office on April 1, 1975. 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. The 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 judge of the probate court pursuant to Code Title 34, as now or hereafter amended, or any other provision of law, or both. (b) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and

Page 4509

incumbent upon the judge of the probate court by Code Title 34, 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. Poll workers. Section 10. Upon the effective date of this Act, the judge of the probate court 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 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 members of the board of elections, clerical assistants and other employees shall be such as may be fixed by the governing authority of the county. 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, as amended, unless otherwise clearly apparent from the text of this Act. Definitions.

Page 4510

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. Approved April 18, 1975. CERTAIN COUNTIESCOMPENSATION OF SHERIFF PROVIDED (500,000 or more). No. 487 (Senate Bill No. 100). An Act to provide for the compensation of the sheriff of certain counties, and the procedure in connection with 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 $27,800.00. 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 March 29, 1973 (Ga. L. 1973, p. 2461), is hereby repealed. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975.

Page 4511

CERTAIN COUNTIESJUVENILE COURT JUDGECOMPENSATION ACT REPEALED. No. 492 (Senate Bill No. 124). An Act to repeal an Act providing for compensation of the Judge of the Juvenile Court of certain counties of this State, approved March 29, 1971 (Ga. L. 1971, p. 2236); to provide 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 Judge of the Juvenile Court of Certain counties of this State, approved March 29, 1971 (Ga. L. 1971, p. 2236), 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 18, 1975. MILLER COUNTY SUPERIOR COURTTERMS CHANGED. No. 515 (House Bill No. 62). An Act to change the terms of the Superior Court of Miller 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 terms of the Superior Court of Miller

Page 4512

County shall commence on the fourth Monday in February and the fourth Monday in October. Section 2. This Act shall become effective on July 1, 1975. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. ELECTIONS SUPERVISORPROVISIONS RELATING TO CHANGED (500,000 or more). No. 548 (House Bill No. 355). An Act to amend an Act providing for a board of registration and elections in each county of this State having a population of more than 500,000, approved April 18, 1967 (Ga. L. 1967, p. 3211), as amended by an Act approved March 26, 1968 (Ga. L. 1968, p. 2867), and by an Act approved March 24, 1970 (Ga. L. 1970, p. 3405), so as to change the provisions relative to the elections supervisor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a board of registration and elections in each county of this State having a population of more than 500,000, approved April 18, 1967 (Ga. L. 1967, p. 3211), as amended by an Act approved March 26, 1968 (Ga. L. 1968, p. 2867), and by an Act approved March 24, 1970 (Ga. L. 1970, p. 3405), is hereby amended by inserting in section 11, immediately preceding the last sentence thereof, the following sentence: The elections supervisor shall be an elector of the county., so that when so amended, section 11 shall read as follows:

Page 4513

Section 11. There shall be a chief administrative officer of the board who shall be appointed by the governing authority of the county upon the recommendation of the board of registration and elections and shall be designated `elections supervisor', and he shall have such duties and functions in regard to elections as may be prescribed by the board. The elections supervisor shall be an elector of the county. Provided, however, all registration of voters shall be done by the registrars of said county in accordance with the Georgia Election Code (Ga. L. 1964, Ex. Sess., p. 26) as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 18, 1975. CERTAIN COUNTIESCORONERS SALARIES CHANGED. (19,300 - 20,000). No. 587 (House Bill No. 716). An Act to change the compensation of coroners in counties having a population of not less than 19,300 and not more than 20,000, 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. Coroners in counties having a population of not less than 19,300 and not more than 20,000, according to the United States Decennial Census of 1970 or any future such census, shall be compensated as follows: Summoning an inquest on a dead body and returning an inquisition not more than $ 100.00 Furnishing coffin and burial expenses not more than $ 50.00.

Page 4514

The governing authority of each such county shall determine the amount of such fee to be received by the coroner within the limitations provided above; provided, however, that such coroner shall not receive out of the county treasury more than $4,000.00 per annum, either as fees for holding inquest or for burying dead bodies. 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 18, 1975. COMPENSATION TO PAUL ROACH PROVIDED. No. 29 (House Resolution No. 7-41). A Resolution. Compensating Mr. Paul Roach; and for other purposes. Whereas, on April 3, 1974, several cows belonging to the Northwest Georgia Branch Experiment Station of the University of Georgia knocked down a fence around a pasture at the Experiment Station and escaped; and Whereas, one of these cows belonging to the Experiment Station got into a pasture belonging to Mr. Paul Roach and forced one of his cows down, breaking her leg; and Whereas, Mr. Roach's cow and its three week old calf both had to be destroyed as a result of the actions of the cow belonging to the Experiment Station, causing damage in the amount of $150.00; and

Page 4515

Whereas, said accident occurred through no fault or negligence on the part of Mr. Roach, 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 Board of Regents is hereby authorized and directed to pay the sum of $150.00 to Mr. Paul Roach 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 17, 1975. COMPENSATION TO AETNA LIFE AND CASUALTY COMPANY PROVIDED. No. 30 (House Resolution No. 9-48). A Resolution. Compensating Aetna Life and Casualty Company; and for other purposes. Whereas, on June 22, 1972, an automobile leased to Aetna Life and Casualty Company, and operated by an employee thereof, was proceeding generally eastward on Old Village Boulevard approximately 1.3 miles from the Jekyll Flag Pole, Jekyll Island, Georgia; and Whereas, a truck belonging to the State Highway Department, now the State Department of Transportation, and operated by one of its employees, backed into the automobile leased to Aetna Life and Casualty Company, causing no damage to the truck, but $181.08 damage to the automobile; and Whereas, Aetna Life and Casualty Company was solely responsible under its lease agreement for the cost of repairs to the leased automobile; and

Page 4516

Whereas, said accident occurred through no fault or negligence on the part of Aetna Life and Casualty Company, or its employees, so it is only fitting and proper that it be reimbursed for the 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 $181.08 to Aetna Life and Casualty Company 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 17, 1975. COMPENSATION TO WILLIAMS BROTHERS GROCERY COMPANY PROVIDED. No. 31 (House Resolution No. 11-86). A Resolution. Compensating the Williams Brothers Grocery Company; and for other purposes. Whereas, on May 31, 1972, an automobile owned by the Williams Brothers Grocery Company and operated by one of its employees was traveling on State Road 112 in Sylvester, Georgia; and Whereas, at the intersection of Briarcliff Avenue, the vehicle was stopped by a flagman in the highway; and Whereas, a vehicle owned by the Department of Transportation, formerly State Highway Department, and operated by one of its employees was following the automobile owned by the Williams Brothers Grocery Company and struck the left rear of the automobile as it stopped; and

Page 4517

Whereas, the Williams Brothers Grocery Company has suffered damages to its automobile in the amount of $665.02; and Whereas, the accident occurred through no fault or negligence on the part of the Williams Brothers Grocery Company, so it is only fitting and proper that the Company be compensated for its 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 $665.02 to the Williams Brothers Grocery Company 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 17, 1975. COMPENSATION TO J. FRED HOLLAND PROVIDED. No. 32 (House Resolution No. 20-130). A Resolution. Compensating Mr. J. Fred Holland; and for other purposes. Whereas, on or about December 31, 1971, an automobile owned and being driven by Mr. J. Fred Holland was traveling east in the right-hand lane of Memorial Drive in DeKalb County, Georgia; and Whereas, at said time and place a motor vehicle owned by the State Department of Offender Rehabilitation and being driven by Mr. Wilbert Judge, an employee of said department, was also traveling east in the center lane of said Memorial Drive; and WHEREAS, without warning, said motor vehicle being

Page 4518

driven by Mr. Judge turned right into the right-hand lane of said Memorial Drive and into the automobile being driven by Mr. Holland causing an accident; and Whereas, said accident caused damage to said automobile owned and being driven by Mr. Holland in the amount of $308.56 for which he has not been and cannot be compensated by insurance; and Whereas, said accident occurred through no fault or negligence whatsoever on the part of Mr. J. Fred Holland, and it is only just and proper that he be compensated for the damages caused to his automobile. Now, therefore, be it resolved by the General Assembly of Georiga that the State Department of Offender Rehabilitation is hereby authorized and directed to pay the sum of $308.56 to Mr. J. Fred Holland 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 17, 1975. COMPENSATION TO ROY L. CASH PROVIDED. No. 33 (House Resolution No. 33-166). A Resolution. Compensating Roy L. Cash; and for other purposes. Whereas, on May 28, 1968, Edward Robert Cash, the son of Roy L. Cash, a student at the University of Georgia, was performing on a trampoline as a part of his final examination in his physical education course; and Whereas, while performing on said trampoline, he fell therefrom and was seriously injured; and

Page 4519

Whereas, said injuries have resulted in Edward Robert Cash being permanently paralyzed from his waist downward; and Whereas, as a result of said injuries, Roy L. Cash has incurred medical expenses for the treatment of injuries to his son totaling $8,774.06. Now, therefore, be it resolved by the General Assembly that the State Board of Regents is hereby authorized and instructed to compensate Roy L. Cash for the injuries hereinabove described by payment to him of the sum of $8,774.06. The said sum shall be paid from the funds appropriated to the State Board of Regents and shall be in full and complete satisfaction of any and all claims by Roy L. Cash against the State of Georgia arising out of said occurrence. Approved April 17, 1975. COMPENSATION TO BENJAMIN WYNN PROVIDED. No. 34 (House Resolution No. 37-181). A Resolution. Compensating Mr. Benjamin Wynn; and for other purposes. Whereas, in December, 1972, the Department of Family and Children's Services, now the Georgia Department of Human Resources, placed two boys who had been placed under the jurisdiction of such Department in the licensed foster home of Mr. and Mrs. Benjamin Wynn of Jeffersonville, Georgia; and Whereas, during the summer of 1973, said boys did major damage to a tractor belonging to Mr. Wynn, chopped down nine pine trees, stabbed a hog, drowned a pig, damaged a lawn mower, damaged some redwood

Page 4520

molding, and took $5.00 in cash from Mr. and Mrs. Wynn, causing damage in the total amount of $825.13; and Whereas, said damages occurred through no fault or negligence on the part of Mr. or Mrs. Wynn, 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 Human Resources is hereby authorized and directed to pay the sum of $825.13 to Mr. Benjamin Wynn 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 17, 1975. COMPENSATION TO ALFRED L. KNOX PROVIDED. No. 35 (House Resolution No. 52-210). A Resolution. Compensating Mr. Alfred L. Knox; and for other purposes. Whereas, on October 1, 1974, agents of the G. B. I., along with police officers from the Atlanta Police Department executed a search warrant to search the residence of Mr. Alfred L. Knox at 3086 Eleanor Terrace, N. W., Atlanta, Georgia; and Whereas, said search warrant was based on erroneous information concerning the location of a telephone which was supplied by Southern Bell Telephone Company; and Whereas, in executing such search warrant agents of the G. B. I. broke through the door of Mr. Knox's residence, destroying such door and damaging a portion of the structure, causing damage in the amount of $920; and

Page 4521

Whereas, said damage occurred through no fault or negligence on the part of Mr. Alfred L. Knox, so it is only fitting and proper that he be reimbursed for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Bureau of Invesigation is hereby authorized and directed to pay the sum of $920 to Mr. Alfred L. Knox 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 17, 1975. COMPENSATION TO JAMES H. BOHANNON PROVIDED. No. 36 (House Resolution No. 55-210). A Resolution. Compensating Mr. James H. Bohannon; and for other purposes. Whereas, at some time during the period of June twenty-first to June twenty-third, 1974, a gold wedding band, turntable, amplifier and stereo speakers were stolen from the apartment of James Bohannon on the campus of the Georgia Institute of Technology; and Whereas, the theft of these articles of personal property was accomplished through the use of a key, responsibility for the supervision of which was vested with the Georgia Institute of Technology; and Whereas, the total loss to James Bohannon due to this theft amounted to $272.00; and Whereas, the theft occurred through no fault or negligence

Page 4522

on the part of Mr. Bohannon, 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 of the University System of Georgia is hereby authorized and directed to pay the sum of $272.00 to Mr. James H. Bohannon as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Board and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 17, 1975. COMPENSATION TO ROY M. LINGEFELT. No. 37 (House Resolution No. 61-242). A Resolution. Compensating Mr. Roy M. Lingefelt; and for other purposes. Whereas, on December 3, 1971, Mr. Roy Lingefelt was driving his Volkswagen on U. S. 41 near Windy Hill Road in Cobb County; and Whereas, a vehicle owned by the State Department of Transportation and operated by one of its employees was clearing snow off the highway and threw snow, ice and other materials through Mr. Lingefelt's windshield, causing property damage and personal injuries totaling $306.89; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Lingefelt, 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 $306.89 to

Page 4523

Mr. Roy M. Lingefelt 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 airsing out of said occurrence. Approved April 17, 1975. COMPENSATION TO WILLIAM H. SHEPERD PROVIDED. No. 38 (House Resolution No. 91-373). A Resolution. Compensating Mr. William H. Sheperd; and for other purposes. Whereas, on March 29, 1972, Mr. William H. Sheperd, an employee of the Georgia Bureau of Investigation, was driving south on Interstate Highway I-285 in a motor vehicle belonging to the Georgia Bureau of Investigation, 1,500 feet north of the intersection of Interstate Highways 1-285 and I-20 in DeKalb County; and Whereas, the vehicle driven by Mr. Sheperd struck the rear of a motor vehicle driven by Mr. Thayds O. Brown causing Mr. Brown's vehicle to strike the rear of a motor vehicle driven by Ms. Shirley Ann Duckett; and Whereas, the accident was caused when Mr. Brown's and Ms. Duckett's vehicles slowed down suddenly because of traffic congestion; and Whereas, the accident occurred before the State purchased automobile liability insurance for its employees; and Whereas, Mr. Sheperd has a judgment against him in the amount of $1,200 because of the accident; and

Page 4524

Whereas, the accident occurred through no fault of Mr. Sheperd and the claim would now be paid under the State's motor vehicle liability insurance for employees; and Whereas, it is only fitting and proper that Mr. Sheperd be reimbursed for his loss. Now, therefore, be it resolved by the General Assembly of Georgia that the State Bureau of Investigation is hereby authorized and directed to pay to Mr. William H. Sheperd the sum of $1,200. Said sum shall be paid from funds appropriated to or available to the Georgia Bureau of Investigation and shall be in full and complete satisfaction of all claims arising out of said occurrence. Approved April 17, 1975. COMPENSATION TO DAVID LEDET PROVIDED. No. 39 (House Resolution No. 111-434). A Resolution. Compensating Mr. David Ledet; and for other purposes. Whereas, on May 24, 1974, a 1970 Cadillac belonging to Mr. David Ledet was parked in the parking lot on the south side of the Fine Arts Building on the campus of the University of Georiga in Athens; and Whereas, an employee of the University of Georgia was using a hammer on the roof of such building when the head of the hammer flew off striking Mr. Ledet's car, breaking the windshield and causing damage to certain chrome, in the amount of $221.22; and Whereas, said accident occurred through no fault or negligence on the part of Mr. Ledet, so it is only fitting and proper that he be reimbursed for his loss.

Page 4525

Now, therefore, be it resolved by the General Assembly of Georgia that the Board of Regents of the University System of Georgia is hereby authorized and directed to pay the sum of $221.22 to Mr. David Ledet 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 17, 1975. COMPENSATION TO CARL PERRIN PROVIDED. No. 40 (House Resolution No. 120-463). A Resolution. Compensation Mr. Carl Perrin; and for other purposes. Whereas, on June 6, 1972, an employees of the State Highway Department, now the Department of Transportation, was cutting grass on the shoulder of the westbound lane of Interstate Highway 20 in McDuffie County; and Whereas, the rotary mower that was being used threw a rock into the windshield of a truck owned by Mr. Carl Perrin, breaking the windshield and cutting the hand and arm of the driver; and Whereas, the damage to Mr. Perrin's truck was in the amount of $135.90; and Whereas, the accident occurred through no fault or negligence of Mr. Perrin or of the driver of the truck, so that 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 to Mr. Carl

Page 4526

Perrin the sum of $135.90. 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 17, 1975. COMPENSATION TO CAROLE K. BROWN PROVIDED. No. 41 (House Resolution No. 133-562). A Resolution. To compensate Miss Carole K. Brown; and for other purposes. Whereas, on January 20, 1975, at approximately 8:30 a.m., Miss Carole K. Brown, an employee in the Office of the Clerk of the House of Representatives, parked and locked her automobile in her assigned space in parking lot No. I, which lot is across Capital Avenue from the State Capitol Building, and which parking facility is operated by and under the supervision of the Georgia Building Authority; and Whereas, Miss Brown had been out of the City over the weekend visiting her parents and drove directly to work without going to her apartment in Atlanta, as a consequence of which, she had her luggage, clothes, jewelry, hair dryer, eyeglasses and many other items in her automobile; and Whereas, upon arriving at her automobile after work at approximately 8:45 p.m., she discovered that her car had been broken into and all the above articles had been stolen; and Whereas, the articles which were stolen had a value of $500.00 and this loss occurred through no fault on the

Page 4527

part of Miss Brown, and it is only just and proper that she be compensated. Now, therefore, be it resolved by the General Assembly of Georgia that the Georgia Building Authority is hereby authorized and directed to pay the sum of $500.00 as compensation as provided above. Said sum shall be paid from funds of said Authority and shall be in full and complete satisfaction of all claims against the State or the Authority arising out of said occurrence. Approved April 17, 1975. SCHOOL BUS DRIVERS REGULATED. (400,000 OR MORE). No. 609 (Senate Bill No. 374). 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, each school bus driver, who is employed by an individual, private corporation or authority and who through such individual, corporation or authority transports students to public schools within such a municipality, shall be in good physical and mental health; to prohibit certain persons from being school bus drivers; to provide for physical examinations, fingerprints and registration; to provide for criminal identification; 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, each school bus driver, who is employed by an individual, private corporation or authority and who

Page 4528

through such individual, corporation or authority transports students to public schools within such a municipality, shall be in good physical and mental health. No person shall be permitted to drive a school bus who has been convicted of a felony or any crime involving moral turpitude that would tend to question his honesty and integrity, or who is an alcoholic, present or former drug addict, someone presently in a drug treatment program, drifter, vagrant or person with a record of mental illness, or who has been discharged from the military service under other than honorable conditions. Section 2. An individual, private corporation or authority employing school bus drivers covered by the provisions of section 1 shall furnish the board of education of any independent school district in such a municipality with the name, photograph, fingerprints, evidence of a physical examination signed by a person authorized to practice medicine pursuant to Code Chapter 84-9, as now, or hereafter amended, and such other information required by the board of education. The board shall forward the two sets of fingerprints received from each individual to the Georgia Crime Information Center of the Department of Public Safety for the purpose of criminal identification through the fingerprint system of identification established by such department and the fingerprint system of identification established by the Director of the Federal Bureau of Investigation at Washington, D. C. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval and shall be applicable to the transportation of students to public schools in such municipalities after August 1, 1975. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

Page 4529

CERTAIN COUNTY TREASURER EMERITUS ESTABLISHED. (150,000 - 165,000). No. 613 (House Bill No. 854). An Act to abolish the office of County Treasurer in any county with a population of not more than 165,000 and not less than 150,000, according to the 1970 Federal decennial census, or any future federal census, and to provide the procedure whereby the County Treasurer in any county with a population of not more than 165,000 and not less than 150,000, according to said census, shall be eligible to become County Treasurer Emeritus; to provide for the duties and responsibilities of said County Treasurer Emeritus; to provide for the compensation of said County Treasurer Emeritus and his present spouse; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The office of County Treasurer in any County with a population of not more than 165,000 and not less than 150,000, according to the 1970 Federal decennial census or any future Federal census, is hereby abolished. Section 2. Any County Treasurer of any county with a population of not more than 165,000 and not less than 150,000, according to the 1970 Federal decennial census, or any future Federal census, who shall be serving in the capacity of County Treasurer at the time said office is abolished by this Act, and who shall have at least ten years of service as County Treasurer of said County and shall have obtained the age of 65 years, shall be eligible to become County Treasurer Emeritus by presenting evidence of his eligibility to the governing authority of his County, at which time he shall become County Treasurer Emeritus. Section 3. The County Treasurer Emeritus shall not hold any compensating position with any state, county or city, or agencies of any, except upon taking leave of absence

Page 4530

as such County Treasurer Emeritus, and forever waiving and relinquishing compensation during and for such leave of absence. Section 4. The said County Treasurer Emeritus shall be qualified to serve as a consultant to the governing authority of his County on financing matters when called upon by the governing authority of his County. Section 5. Said County Treasurer Emeritus shall be entitled to receive, and shall receive, $500.00 per month, to be paid monthly out of the treasury of the county, by the person or persons charged by law with paying out the money of said county. Upon the death of said County Treasurer Emeritus, if he is survived by his present wife, she shall be entitled to receive, and shall receive $250.00 per month as long as she lives. 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. Approved April 24, 1975. ATLANTA CYCLORAMA DECLARED OF HISTORIC VALUE. No. 44 (House Resolution No. 197-850). A Resolution. Finding and declaring the Atlanta Cyclorama to be of historic value to the State and in need of certain repairs; and for other purposes. Be it resolved by the General Assembly of Georgia:

Page 4531

Section 1. The General Assembly hereby finds and declares that the Cyclorama owned by the City of Atlanta and maintained from local revenues is a public facility which is of historic value to the State and which is in need or repairs reasonably estimated to cost in excess of $5,000,000.00 and to require more than one year to plan and complete. Approved April 24, 1975. CERTAIN COUNTIESBUILDING INSPECTORS AUTHORIZED TO ISSUE ZONING VIOLATION CITATIONS, ETC. (600,000 OR MORE). No. 631 (Senate Bill No. 220). An Act to provide that in certain counties zoning and building inspectors shall have authority to issue citations for persons who shall violate zoning ordinances or building codes; to provide that said citations shall be returnable to a regular session of a court having countywide commitment jurisdiction; to provide for the powers and authorties of said court; to provide for the issuance of a warrant in the event that said citation is not obeyed; 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 600,000 or more according to the 1970 United States Census or any future such census, all zoning and building inspectors shall have the authority to issue citations to any person who shall violate any zoning ordinance or any building code which shall be in effect in such counties. Such citations shall command the appearance of such person at a designated regular session of a court in said county having the jurisdiction of a commitment court throughout the entire county. At such time and place said court shall act as a court of inquiry with all the powers and authorities as specified in Ga. Code Ann., Chapter 27-4, as now or as may

Page 4532

hereafter be amended. In the event that any such person shall fail to appear in response to said citation, a warrant shall be issued for the arrest of said person for violation of the zoning ordinance or building code without the necessity of any further action. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. CERTAIN COUNTIESSTATE COURT JUDGESSALARIES PROVIDED (6,513 - 6,600). No. 636 (Senate Bill No. 243). An Act to provide for the compensation of judges of the State courts in certain counties of this State; to provide 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 compensation of the judge of each State court located within counties of this State having a population of not less than 6,513 and not more than 6,600, according to the United States Decennial Census of 1970, or any future such census, shall be $3,900 per annum, payable in equal monthly installments from 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. Approved April 24, 1975.

Page 4533

CERTAIN COUNTIESSOLD SIGNS AUTHORIZED ON CERTAIN RESIDENTIAL PROPERTY, ETC. (400,000 - 500,000). No. 650 (Senate Bill No. 357). An Act to provide that in all counties of this State having a population of not less than 400,000 nor more than 500,000 persons, according to the 1970 United States Decennial Census or any future such census, it shall be lawful to erect signs bearing the word SOLD on certain residential property; to prohibit such signs from remaining on the property for longer than five days; to provide penalties; to provide for specific repeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In each county of this State having a population of not less than 400,000 nor more than 500,000 persons, according to the 1970 United States Decennial Census or any future such census, it shall be lawful for any person, firm or corporation to erect or permit to be erected a sign bearing the word SOLD on the premises of any single family residential property located within the unincorporated area of such county, but it shall be unlawful to fail to remove or cause to be removed such sign bearing the word SOLD from the premises of any such single family residential property located within the unincorporated area of such county after five days have elapsed after the erection of such sign. Signs. Section 2. Any person violating the provisions of this Act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor. Penalty. Section 3. An Act providing for certain requirements relative to the sale of real estate, approved April 3, 1972 (Ga. L. 1972, p. 3602), is hereby repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975.

Page 4534

CERTAIN COUNTIESPROBATE COURT JUDGESCOMPENSATION FIXED. (185,000 - 190,000). No. 652 (Senate Bill No. 369). An Act to fix the compensation of the Judges of the Probate Courts in all counties of this State having a population of not less than 185,000 nor more than 190,000, according to the United States Decennial Census of 1970, or any future such census; to provide for 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 185,000 nor more than 190,000, according to the United States Decennial Census of 1970, or any such future census, the Judge of the Probate Court of any such county shall receive an annual base salary to be fixed by the governing authority of said county at not less than $19,000.00.00 payable in equal monthly installments from the funds of such county. Such base salary shall be increased by 2% of such base salary as of July 1 of each year with the first such increase becoming effective on July 1, 1976. The salary increases above the base salary provided for herein shall apply only to the same Judge of Probate Court holding office from one year to the next, and in the event a new Judge of Probate Court takes office, either by election for a full term or to fill a vacancy for the unexpired term, the beginning compensation of such new Judge of Probate Court shall be the base salary provided for herein until such Judge of Probate Court holds office to qualify for the increases provided for 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.

Page 4535

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. CERTAIN COUNTIESINTOXICATING BEVERAGESCERTAIN CONSUMPTION ON PREMISES AUTHORIZED. (400,000 - 600,000). No. 662 (House Bill No. 774). An Act to provide that in all counties of this State having a population of not less than 400,000 and not more than 600,000 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 provision of any other law of this State to the contrary notwithstanding, and in addition to those times wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines is lawfully authorized, in all counties of this State having a population of not less than 400,000 and not more than 600,000 according to the United States Decennial Census of 1970 or any future census, wherein the sale of alcoholic beverages, distilled spirits, malt beverages and wines lawfully authorized at the discreation of the governing body of such county, such county shall be authorized to enact ordinances authorizing the sale for consumption on the premises of alcoholic beverages, distilled spirits, malt beverages and wines at any time from 11:55 p.m. on Saturdays and three hours immediately following such time. It being the intention of this Act to authorize the aforementioned counties to enact ordinances extending the time set by previous legislation for the sale of

Page 4536

alcoholic beverages, distilled spirits, malt beverages and wines on the premises as permitted above. 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 24, 1975. CERTAIN COUNTIESBOARD OF COMMISSIONERSEXPENSE ALLOWANCE PROVIDED. (5,900-6,000). No. 664 (House Bill No. 793). An Act to provide for expenses allowances for the chairman and members of the board of commissioners in all counties of this State having a population of not less than 5,900 and not more than 6,000, 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. In all counties of this State having a population of not less than 5,900 and not more than 6,000, according to the United States Decennial Census of 1970 or any future such census, the chairman of the board of commissioners in such counties shall receive an expense allowance of $200.00 per month in addition to his salary. The other members of the board of commissioners in such counties shall each receive an expense allowance of $25.00 per month in addition to their salaries. The expense allowances provided for herein shall be paid out of the general funds of such counties. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved

Page 4537

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 24, 1975. CERTAIN COUNTYSHERIFFS, ETC.SALARIES PROVIDED. (10,600-10,900). No. 675 (House Bill No. 831). An Act to provide for the compensation of the sheriff of all counties in the State having a population of not less than 10,600 and not more than 10,900, according to the United States Decennial Census of 1970 or any future such census; to provide for deputy sheriffs 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. The sheriff in each county of the State having a population of not less than 10,600 and not more than 10,900, according to the United States Decennial Census of 1970 or any future such census, shall be paid an annual salary of $12,000.00 in equal monthly installments from county funds. Sheriff. Section 2. The sheriff of each of such counties shall be authorized to appoint a salaried chief deputy sheriff to assist him in the performance of his duties and fix his compensation at $650.00 per month. The sheriffs shall also be authorized to appoint such other salaried deputies as the governing authorities of their respective counties shall agreed to. Such other salaried deputies shall receive a salary of $600.00 per month. The compensation of such salaried deputies shall be paid from the funds of the county on the first Tuesday of each month. Deputy Sheriffs.

Page 4538

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 24, 1975. ATLANTA BOARD OF EDUCATION URGED TO SHARE RETIREMENT COSTS INCREASE. No. 53 (Senate Resolution No. 168). A Resolution. Relative to the Atlanta Board of Education; and for other purposes. Whereas, pursuant to House Bill 290 of the current 1975 Session of the Georgia General Assembly, retirement benefits have been increased for certain recipients of retirement benefits by former employees of the City of Atlanta and the Atlanta Board of Education; and Whereas, pursuant to the terms of said bill, the costs of the increased benefits are to be met entirely from the funds available to the City of Atlanta; and Whereas, it is the desire of this body that the Atlanta Board of Education bear its proportionate and equitable share of the costs of these benefits. Now, therefore, be it resolved by the General Assembly of Georgia that the Atlanta Board of Education is hereby urged to meet its equitable and proportionate share of the increased costs of benefits provided for by House Bill 290. Be it further resolved that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate

Page 4539

copy of this Resolution to the Atlanta Board of Education. Approved April 25, 1975. JOHN HENRY LANE, JR., BRIDGE DESIGNATED. No. 54 (Senate Resolution No. 171). A Resolution. Authorizing and directing the State Department of Transportation to designate a bridge in Wayne County, Georgia, as the John Henry Lane, Jr., Bridge; and for other purposes. Whereas, John Henry Lane, Jr., was born on September 30, 1921, near the community of Gardi in Wayne County; and Whereas, while serving his country as a Private First Class in Company I, 133rd Infantry, 34th Division, Fifth United States Army, John Henry Lane, Jr., was killed in action on October 18, 1944, at Bologna, Italy, at the age of 24; and Whereas, the naming of a new bridge in Wayne County, Georgia, would be a fitting and proper memorial to John Henry Lane, Jr. 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 spanning Penholloway Creek near Bethlehem Baptist Church in Wayne County, Georgia, as the John Henry Lane, Jr., Bridge. Be it further resolved that the State Department of Transportation is hereby authorized and directed to erect

Page 4540

an appropriate marker at each end of the bridge in honor of John Henry Lane, Jr. Be it further resolved that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Honorable Tom Moreland, Commissioner of the State Department of Transportation, and to the Chairman of the Board of Commissioners of Wayne County, Georgia. Approved April 25, 1975. DEKALB COUNTY SCHOOL PROPERTY UTILIZATION STUDY COMMITTEE CREATED. No. 65 (House Resolution No. 126-504). A Resolution. Creating the DeKalb County School Property Utilization Study Committee; and for other purposes. Whereas, many acres of real property in DeKalb County are used for public school purposes; and Whereas, in many instances, the property associated with a public school is not being utilized to its best potential; and Whereas, consideration should be given to the use of such property for other public purposes, such as recreation, police, library or health facilities; and Whereas, the use of such property for such other purposes would be convenient to the citizens of DeKalb County and could result in substaintial savings to the taxpayers of said county. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the DeKalb

Page 4541

County School Property Utilization Study Committee to be composed of the following members: (a) Two members of the House of Representatives whose Representative Districts lie wholly or partially within DeKalb County elected by a majority vote of all members of the House whose Districts lie wholly or partially within DeKalb County; (b) Two members of the Senate whose Senatorial Districts lie wholly within DeKalb County elected by a majority vote of all Senators whose Districts lie wholly within DeKalb County; (c) Two members appointed by the Chairman of the Board of Commissioners of DeKalb County with the approval of a majority of the members of said Board of Commissioners; (d) Three members appointed by the Superintendent of Schools of DeKalb County with the approval of a majority of the members of the Board of Education of DeKalb County; (e) One member appointed by the Chairman of the Republican Party of DeKalb County; (f) One member appointed by the Chairman of the Democratic Party of DeKalb County; and (g) One member appointed by the Chief of Police of DeKalb County. (h) One member appointed by the Fire Chief of DeKalb County. (i) One member appointed by Goals for DeKalb, Inc. Be it further resolved that it shall be the duty of said Committee to study the utilization of public school properties in DeKalb County, and other matters relative thereto, as hereinabove described in this Resolution. The

Page 4542

legislative members of the Committee shall jointly call the organizational meeting of the Committee at which time the Committee shall elect from its own membership a Chairman and such other officers as may be necessary or appropriate. Be it further resolved that the members of the Committee shall meet at such times and places as the Committee shall determine, and all members thereof shall serve without compensation or any expenses or allowances for service on the Committee. Be it further resolved that the Committee shall submit a report of its findings and recommendations to the General Assembly, the Board of Commissioners of DeKalb County, the Board of Education of DeKalb County and such other interested persons and organizations as the Committee shall determine by not later than September 1, 1975. The Committee shall stand abolished as of the last day the General Assembly meets in regular session during 1976. Approved April 25, 1975. DEKALB COUNTY JUSTICES OF THE PEACE STUDY COMMITTEE CREATED. No. 70 (House Resolution No. 158-701). A Resolution. Creating the Justices of the Peace Study Committee of DeKalb County; and for other purposes. Whereas, at the 1974 general election an amendment to the Constitution was ratified which authorized the General Assembly to provide by law for the abolishment of the fee system for Justices of the Peace of DeKalb County and to provide a salary for said officers; and

Page 4543

Whereas, said constitutional amendment further authorized the General Assembly to provide by law for the qualifications to hold the office of Justice of the Peace in DeKalb County; and Whereas, before any law is enacted pursuant to the authority of said constitutional amendment, the various factors involved should be given careful consideration to the end that any such law shall be in the best interest of the citizens and taxpayers of DeKalb County. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Justices of the Peace Study Committee of DeKalb County to be composed of the following members: (a) One member of the House of Representatives who shall be a Republican whose Representative District lies within DeKalb County elected by the Republican members of the House whose Districts lie within DeKalb County. (b) One member of the House of Representatives who shall be a Democrat whose Representative District lies wholly or partially within DeKalb County elected by the Democratic members of the House whose Districts lie wholly or partially within DeKalb County. (c) One member of the Senate who shall be a Republican whose Senatorial District lies within DeKalb County elected by the Republican Senators whose Districts lie within DeKalb County. (d) One member of the Senator who shall be a Democrat whose Senatorial District lies within DeKalb County elected by the Democratic Senators whose Districts lie within DeKalb County. (e) One member appointed by the Chairman of the Republican Party of DeKalb County. (f) One member appointed by the Chairman of the Democratic Party of DeKalb County.

Page 4544

(g) One member who shall be a Justice of the Peace of DeKalb County appointed by the DeKalb County Association of Justices of the Peace. (h) One member who shall be a Justice of the Peace appointed by the Georgia Association of Justices of the Peace. (i) One member appointed by the Bar Association of DeKalb County. (j) One member appointed by the Grand Jurors Association of DeKalb County. (k) One member appointed by the Sheriff of DeKalb County. (l) One member appointed by the Chief of Police of DeKalb County. (m) One member appointed by a majority vote of the Board of Commissioners of DeKalb County. (n) One member appointed by the District Attorney of the Stone Mountain Judicial Circuit. (o) One member appointed by a majority vote of the Judges of the Superior Courts of the Stone Mountain Judicial Circuit. Be it further resolved that it shall be the duty of said Committee to study any matters relative to the implementation of the constitutional amendment hereinabove described and to prepare appropriate suggested legislation for the implementation of said constitutional amendment. The legislative members of the Committee shall jointly call the organizational meeting of the Committee at which time the Committee shall elect from its own membership a Chairman and such other officers as may be necessary or appropriate. Be it further resolved that the members of the Committee

Page 4545

shall meet at such times and places as the Committee shall determine, and all members thereof shall serve without compensation or any expenses or allowances for service on the Committee. Be it further resolved that the Committee shall submit a report of its findings and recommendations to the General Assembly and to such other interested persons and organizations as the Committee shall determine by not later than September 1, 1975. The Committee shall stand abolished as of the last day the General Assembly meets in regular session during 1976. Approved April 25, 1975. CITY OF FORT OGLETHORPE RECOGNIZED AS URBAN INCORPORATED MUNICIPALITY. No. 74 (House Resolution No. 242-984). A Resolution. Recognizing the City of Fort Oglethorpe as an urban incorporated municipality; and for other purposes. Whereas, Code section 95A-1201(j) defines an urban incorporated municipality as a municipal corporation incorporated and chartered pursuant to an Act of the General Assembly of Georgia, and which has a population of 5,000 or more according to the most recent official United States census; and Whereas, the Bureau of the Census of the United States Department of Commerce has certified the population of the City of Fort Oglethorpe, Catoosa and Walker Counties, Georgia, to be 5,083 as of November 5, 1974, according to the official count of the returns of a special census conducted for Fort Oglethorpe by the Bureau of the Census.

Page 4546

Now, therefore, be it resolved by the General Assembly of Georgia that the City of Fort Oglethorpe, Catoosa and Walker Counties, Georgia, is hereby recognized by this Body as being an urban incorporated municipality as defined in Code section 95A-1201 (j). Be it further resolved that the Clerk of the House of Representatives is hereby authorized and directed to forward an appropriate copy of this Resolution to the Commissioner of the Department of Transportation and to the Mayor and Council of the City of Fort Oglethorpe. Approved April 25, 1975. PAULDING COUNTY LAW LIBRARY TO BE FURNISHED CERTAIN BOOKS. No. 84 (House Resolution No. 350-1195). A Resolution. Authorizing the State Librarian to furnish the Paulding County Law Library with certain books; and for other purposes. Whereas, the Paulding County Law Library does not have a set of the Supreme Court Reports, Court of Appeals Reports or a set of the Georgia Laws; and Whereas, such volumes are necessary for the efficient administration of the courts' business within Paulding County. Now, therefore, be it resolved by the General Assembly of Georgia that the State librarian is hereby authorized and instructed to furnish to the Paulding County Law Library a complete set of the Supreme Court Reports, Court of Appeals Reports and a set of the Georgia Laws. Approved April 25, 1975.

Page 4547

NEWTON COUNTY LOCAL LEGISLATURE STUDY COMMITTEE. No. 85 (House Resolution No. 371-1210). A Resolution. Creating the Newton County Local Legislative Study Committee; and for other purposes. Whereas, local laws applicable to Newton County provide for the compensation of county officials and affect numerous aspects of county government; and Whereas, the members of the General Assembly who represent Newton County recognize the need for the periodic revision of these local laws; and Whereas, any amendment to these local laws should be thoroughly studied by the county officials and by the members of the General Assembly who represent Newton County in order that these local laws best serve the people of Newton County. Now, therefore, be it resolved by the General Assembly of Georgia that there is hereby created the Newton County Local Legislative Study Committee. The Committee shall consist of the following: (a) one member appointed from each incorporated municipality in Newton County, (b) one member appointed by the Board of Commissioners of Newton County, (c) one member appointed by the Board of Education of Newton County, (d) three members appointed by the State Senator who represents Newton County, and

Page 4548

(e) three members appointed by the State Representative who represents Newton County. The Committee shall elect a chairman from its membership at its first meeting. The State Senator and State Representative from Newton County shall be ex officio members of the Committee. Be it further resolved that the Committee shall conduct a study of local legislation applicable to Newton County including: (a) local government operation (b) compensation of elected and appointed officials of the county, and (c) the operation of the offices of county officers. The Committee shall make recommendations as to the need, if any, for amendments to such local legislation. These recommendations shall be presented to the State Senator and the State Representative from Newton County not later than December 1, 1975. Be it further resolved that the Clerk of the House of Representatives is authorized and directed to transmit a copy of this resolution to the Board of Commissioners of Newton County so that the Board of Commissioners can notify those persons and bodies authorized to appoint members to the Committee. The Board of Commissioners shall call the first meeting of the Committee. Approved April 25, 1975. RICHMOND COUNTY AUTHORIZED TO ADOPT ORDINANCES. No. 685 (House Bill No. 898). An Act to carry into effect an amendment to the constitution, as found in Ga. L. 1968, p. 1506, so as to provide

Page 4549

and empower the governing authority of Richmond County to adopt the ordinances or regulations for the governing and policing of said county for the purposes of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of the State or the United States, and for the implementation and enforcement of all duties and powers now or hereinafter vested in said governing authority of Richmond County; to provide penalties for violations of such ordinances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Richmond County is hereby granted the authority and power to adopt ordinances or regulations for the governing and policing of said County for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as such governing authority may deem advisable. Such ordinances shall not be in conflict with the general laws of the State of Georgia and of the United States. Section 2. The governing authority of Richmond County is hereby granted the authority and power to adopt such ordinances as provided for herein including, but not limited to, ordinances for fire prevention, fire safety and protection, minimum housing code and standards, animal control, zoning and zoning enforcement, abandoned and junk vehicles, subdivision regulations, erosion and sedimentation regulations, and traffic regulations. Section 3. The State Court of the County of Richmond shall have the jurisdiction to hear and determine cases involving violations of the ordinances of Richmond County, and the jurisdiction of the Court shall extend throughout the entire territorial limits of Richmond County, Georgia. Said ordinances shall be enforced in the State Court of the County of Richmond pursuant to the laws and acts creating said State Court.

Page 4550

Section 4 . The governing authority of Richmond County is hereby granted the authority and power to provide penalties for the violation of such ordinances, said penalties not exceeding a fine in the amount of $300.00, imprisonment in the County jail for a period not in excess of 60 days, to work in the work gang on the public streets, or on such public works as the County authorities may employ the work gang, not to exceed 60 days, or by any one or more of such punishments. 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 Intent to Introduce Legal legislation. Notice is hereby given there will be introduced at the regular 1975 Session of the General Assembly of Georgia to carry into effect an amendment to the Constitution, as found in Ga. L. 1968, p. 1506, authorizing the General Assembly to empower the governing authority of Richmond County to adopt ordinances or regulations for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable, not in conflict with the general laws of the State and of the United States, and for the implementation and enforcement of all duties and power now or hereafter vested in said governing authority of Richmond County, and to provide penalties for violation of such ordinances; and for other purposes. This 16th day of December, 1974. 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

Page 4551

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 December 23, December 30, 1974, and January 6, 1975. /s/ William S. Morris, III President, Southeastern Newspaper Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia Sworn to and subscribe before me, this 20th day of January, 1975. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires Feb. 19, 1977. (Seal). Approved April 24, 1975. CERTAIN COUNTIESSMALL CLAIMS COURTPOPULATION FIGURES CHANGED, ETC. (27,000 - 28,000). No. 691 (House Bill No. 980). An Act to amend an Act creating a Small Claims Court in certain counties of this State, approved March 11, 1964 (Ga. L. 1964, p. 2944), as amended by an Act approved March 27, 1965 (Ga. L. 1965, p. 2678), so as to change the population classification of said Act; to change the provisions relative to costs, fees and commissions; to

Page 4552

provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court in certain counties of this State, approved March 11, 1964 (Ga. L. 1964, p. 2944), as amended by an Act approved March 27, 1965 (Ga. L. 1965, p. 2678), is hereby amended by striking section 1 in its entirety and substituting in lieu thereof a new section 1 to read as follows: Section 1. There is hereby created and established in each county in this State having a population of not less than 27,000 and not more than 28,000 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 damages claimed or value of the property involved does not exceed $1,000.00, said jurisdiction to be county wide and to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powgrs herein specifically granted, also all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. Said Act is further amended by striking sections 8 and 8A in their entirety and substituting in lieu thereof new sections 8 and 8A to read as follows: Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of $9.50 which shall cover all cost of the proceeding up to and including the rendering of a judgment, except the cost of serving process or notice to defendants; but the deposit of costs in cases of attachment, garnishment, trover, statutory foreclosures on personalty, and replevin by possessory warrant, shall be $9.50, and in other matters (not specifically mentioned here) the costs shall be the same as provided for justices of the peace, and in claim cases and illegalities, instituted by a third party

Page 4553

after levy, the costs shall be $9.50, to be taxed in the discretion of the court. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny a litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the case at his discretion. Costs. Section 8-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 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 $9.50 for every such claim case. The same practice and procedure shall apply in cases of illegality affidavits. The plaintiff in attachment or plaintiff in execution may make written demand for a trial by jury within five days after a claim affidavit and bond is filed with the levying officer. The party demanding such trial shall deposit with the court a sum sufficient to defray the expenses of such trial, including the summoning of prospective jurors and jury fees, the amount to be determined by the judge. The costs in such cases, including the costs of a jury trial, shall be finally taxed against the party cost in said proceeding. Section 3. Said Act is further amended by striking section 17 in its entirety and substituting in lieu thereof a new section 17 to read as follows: Section 17. All acts performed by the judge or clerk and all proceedings had before the Small Claims Court in counties of this State having a population of not less than 27,000 and not more than 28,000 according to the U. S. Decennial Census of 1970 or any future such census, are hereby validated.

Page 4554

Section 4. Said Act is further amended by striking section 22 in its entirety and substituting in lieu thereof a new section 22 to read as follows: Section 22. The fee of bailiff for the execution of a fi fa shall be $7.50, plus a reasonable amont 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 $5.00. Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. CERTAIN COUNTIESCOMPENSATION OF TAX COMMISSIONER CHANGED. (180,000 - 190,000). No. 694 (House Bill No. 1010). An Act to provide for the compensation of the tax commissioner of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States Decennial Census of 1970 or any future such census; 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. The tax commissioner of all counties of this State having a population of not less than 180,000 nor more than 190,000 according to the United States Decennial Census of 1970 or any future such census shall receive a base salary of $18,000.00 per annum. Such base salary shall

Page 4555

be increased by 2% of such base salary as of July 1 of each year with the first such increase becoming effective on July 1, 1976. The salary increases above the base salary provided for herein shall apply only to the same tax commissioner holding office from one year to the next, and in the event a new tax commissioner takes office, either by election for a full term or to fill a vacancy for the unexpired term, the beginning compensation of such new tax commissioner shall be the base salary provided for herein until such tax commissioner holds office to qualify for the increases provided for herein. The compensation of the tax commissioner shall be paid in equal monthly installments from the funds of each such 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. Approved April 24, 1975. CERTAIN COUNTIESSHERIFF'S OFFICESALARY CHANGES. No. 697 (House Bill No. 1086). An Act to amend an Act placing certain county officers upon an annual salary approved March 28, 1961 (Ga. L. 1961, p. 2688), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2655), so as to change certain of the provisions thereof pertaining to employees of the sheriff's office 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:

Page 4556

Section 1. An Act placing certain county officers upon an annual salary, approved March 28, 1961 (Ga. L. 1961, p. 2688), as amended, particularly by an Act approved March 21, 1974 (Ga. L. 1974, p. 2655), is hereby amended by striking from subsection (b) of section 3 the following: 1 Chief Deputy $ 1,077.87 per month 1 Major 980.28 per month 1 Chief Criminal Investigator 860.52 per month 2 Captains 860.52 per month 1 ID Fingerprint Expert 801.25 per month 1 Chief Civil Deputy 860.52 per month 4 Civil Deputies 801.25 per month 6 Lieutenants 801.25 per month 20 Criminal Investigators 747.09 per month 1 Chief Jailer 1,055.38 per month 34 Patrol Privates 567.60 to 732.09 per month 33 Patrol Corporals 567.60 to 732.09 per month 6 Sergeants 747.09 per month 2 Bookkeepers (1 jail, 1 office) 722.22 per month 1 Secretary 722.22 per month 13 Assistant Jailers Turnkeys 450.54 to 671.51 per month 9 Clerk-Dispatchers 461.77 to 671.51 per month 6 Deputy Clerks (PBX Operators) 461.77 to 671.51 per month 3 Mechanic Helpers 586.00 to 620.00 per month 4 Office Clerks 461.71 to 600.70 per month 4 Matrons 450.54 to 671.51 per month 1 Assistant Bookkeeper (office) 612.22 per month, and substituting in lieu thereof the following: 1 Chief Deputy $ 1,077.87 per month 1 Major 980.28 per month 1 Chief Criminal Investigator 860.52 per month 2 Captains 860.52 per month 1 ID Fingerprint Expert 801.25 per month 1 Chief Civil Deputy 860.52 per month 4 Civil Deputies 801.25 per month 6 Lieutenants 801.25 per month 20 Criminal Investigators 747.09 to 801.25 per month 1 Chief Jailer 1,055.38 per month 60 Patrol Deputies (to include 32 patrol privates and 28 patrol corporals) 567.60 to 732.09 per month 4 Sergeants 747.09 per month 2 Bookkeepers (1 jail, 1 office) 722.22 per month 1 Secretary 800.00 per month 4 Office Clerks 461.77 to 600.70 per month 1 Assistant Bookkeeper 612.22 per month 23 Assistant Jailers-Turnkeys (to include 9 privates, 4 desk sergeants, 1 mess sergeant, 5 corporals, and 4 matrons) 450.54 to 671.51 per month 18 Records Communications Deputies (to include 4 sergeants, 4 corporals, and 10 privates) 461.77 to 671.51 per month 3 Mechanic Helpers 589.78 per month.

Page 4557

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 24, 1975.

Page 4558

CERTAIN COUNTIESCOUNTY APPROVAL REQUIRED BEFORE WATER AND SEWERAGE SERVICES CAN BE INCREASED. (145,000 - 165,000). No. 700 (House Bill No. 1119). An Act to provide that in certain counties no company providing water or sewerage services may increase their rates for such services without the approval of the governing authority of the county in which such services are provided; 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 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 such future census, no company providing water or sewerage services within such counties shall increase their rates for such services without the prior approval of the governing authority in which such services are provided. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 24, 1975. CERTAIN COUNTIESAPPLICATION FOR HOMESTEAD EXEMPTION ELIMINATED. No. 711 (House Bill No. 383). An Act to amend an Act providing for homestead exemption from certain taxation, approved December 16, 1937 (Ga. L. 1937, Ex. Sess., p. 145), as amended, so as to eliminate the application fee for homestead exemptions in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 4559

Section 1. An Act providing for homestead exemption from certain taxation, approved December 16, 1937 (Ga. L. 1937, Ex. Sess., p. 145), as amended, is hereby amended by striking section 4 in its entirety and substituting in lieu thereof, the following: Section 4. The Tax Receiver or Commissioner shall receive all applications for homestead exemption and shall file and preserve the same. Said application shall be filed with said Tax Receiver for Commissioner as herein provided. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. COLUMBIA COUNTY AIRPORT AUTHORITY ACT. No. 712 (House Bill No. 505). An Act to create and establish an Airport Authority for Columbia County, and to authorize such Authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft, which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertaking, and to acquire, own and hold a fee simple title to all necessary property therefor, both real and personal, and to lease and sell any and all such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation; to authorize the Authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to authorize the issuance of revenue bonds or obligations of the Authority payable from the revenues, tolls, fees,

Page 4560

charges and earnings of the Authority, including but not limited to earnings derived from leases and the use of the facilities, and to pay the costs of such undertakings and authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations or to secure the payment thereof by contract, mortgage, deed to secure debt, security deed note or trust deed and to define the rights of the holders of such bonds and securities; to provide that no liability or debt against Columbia County shall be incurred in the exercise of any powers granted by this Act; to make the bonds, securities or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds, securities or other obligations; to provide that such bonds, securities or other obligations be validated as authorized by the Revenue Bond Law, approved February 14, 1957 (Ga. L. 1957, p. 36), as amended, amending the law known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended; to authorize the Authority to exercise the power ot condemnation; to provide for all 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 Columbia County Airport Authority Act. Section 2. Columbia County Airport Authority. There is hereby created a body corporate and politic to be known as the Columbia County Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title, and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture herein provided for shall in no even be liable for any torts committed by any of the officers, agents and employees of the Authority. The Authority shall have perpetual existence.

Page 4561

Section 3. Membership. The Columbia County Airport Authority shall be composed of five members. The Board of Commissioners of Columbia County shall appoint the initial members of the Authority as follows: one member to a term of five years; one member to a term of four years; one member to a term of three years; one member to a term of two years; and one member to a term of one year. Thereafter, the members shall be appointed to terms of five years. Members shall serve until their successor is appointed and qualified. The initial member shall be appointed within 30 days after the effective date of this Act. Section 4. Meetings. The Authority shall hold their first regular meeting after this Act becomes effective, and the first regular meeting of each year thereafter shall be in July. The Authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting in July of each year thereafter, the Authority shall elect one of its members as its Chairman and another member as Secretary-Treasurer. Only one person shall hold the office of Secretary-Treasurer. These officers shall be elected for a term ending on June 30th of the year following the year in which they were elected or until their successors are elected and qualified. Three member 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 as the original membership on the Authority, and the person so appointed shall serve for the remainder of the unexpired term. Section 6. Definitions. As used in this Act, the following words and terms have the following meanings:

Page 4562

(a) The word Authority shall mean the Columbia County Airport Authority as created by the provisions of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improvement and operation of public airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extentions and improvements of such facilities, acquisition of the necessary property, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such airports and landing fields for the use of aircraft, deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such relocations are made necessary by the project, the cost of all machinery, equipment, financing charges, interest prior to and during construction, the cost of engineering, architectual, 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

Page 4563

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 are hereinafter authorized in this Act. (e) Any project shall be deemed self-liquidating, if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 7. Powers. The Authority shall have the following powers: (a) To have a seal and alter the same at pleasure; (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 construction experts, fiscal agents and attorneys, and fix their respective compensation;

Page 4564

(e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects or lease of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions, or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they may deem advisable. The said Authority is further granted the authority to make contracts and leases, and to execute all instruments necessary or convenient, with the United States Government or any agency or department thereof concerning the projects of the Authority, subject to the rights and interests of the holder of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in section 21 of this Act; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the Authority or from such proceeds or other funds and any grant from the United States of America or any agency or instrumentality thereof; (g) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the United States of America or any agency, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency, instrumentality or other source may impose; (h) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency, instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the State of Georgia or such

Page 4565

agency, instrumentality or political subdivision or any other source may impose; (i) To borrow money for any of its corporate purposes, to execute evidences of such indebtedness and to secure the same, and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any powers usually possessed by private corporations performing similar functions, which are not in conflict with the Constitution and laws of this State; (k) The Authority and the trustee acting under the trust indenture are specifically authorized to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein, not required in the normal operation of the Authority and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in section 2 and section 21 hereof; (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 forty years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined

Page 4566

by the Authority, and may be made redeemable before maturity at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to, and in conformity with, the Revenue Bond Law, approved February 14, 1957 (Ga. L. 1957, p. 36), amending the law formerly known as the Revenue Certificate Law of 1937, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended. All procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 9. Form, Denominations, Registration, Place of Payment. The Authority shall determine the form of the bonds and the place or places of payment of principal thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both. The Authority may make provisions for the registration of any coupon bond, as to principal alone, or to both the principal and interest. 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

Page 4567

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. 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 be issued in like manner 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, under like restrictions, may issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

Page 4568

Section 15. Replacement of Lost or Mutilated Bonds . The Authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost. Section 16. Conditions Precedent to Issuance, Object of Issuance . Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, 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 Columbia County. Such bonds shall be payable solely from the fund hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for the payment of such bonds. All such bonds shall contain recitals on their face substantially covering the foregoing provisions of this section. Section 18. Trust Indenture as Security . In the discretion of the Authority any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale of any surplus property of the Authority, both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be resonable and proper

Page 4569

and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the property, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depository of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 19. To Whom Proceeds of Bonds Shall Be Paid . In the resolution providing for the issuance of revenue bonds or in the trust indenture, the Authority shall provide for the payment of the proceeds of the sale of the 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.

Page 4570

Section 20. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued, and any monies derived from the sale of any properties, both real and personal, of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bond or the trust instrument may provide. Such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals, as may be provided in the resolution or trust indenture, into a sinking fund. Said sinking fund shall be pledged to and charged with the payments of (1) the interest upon such revenue bonds as such interest shall fall due; (2) the principal of the bonds as the same shall fall due; (3) the necessary charges of paying agent or agents for paying interest and principal; and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking 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 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 protect and enforce, either at law or in equity, by suit, action, mandamus, or other proceedings, any and all rights

Page 4571

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 office thereof, including the fixing, charging and collecting of revenues, fees, tolls and other charges for the use of the facilities and services furnished. Section 22. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of revenue refunding bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 23. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedures of the Revenue Bond Law. The petition for validation shall also make any municipality, county, authority, subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to be sued, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, a party-defendant to such action. Such municipality, county, authority, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality of the United States Government if a party to the validation proceedings, contracting with the said Columbia County Airport Authority.

Page 4572

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 Columbia County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have original jurisdiction of such actions. Section 25. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will adversely affect the interest and rights of the holders of such bonds, and no other entity, department, agency or authority shall be created which will compete with the Authority to such an extent as to affect adversely 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 pursant 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 this Act, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining, improving and operating airports and landing fields for the use of aircraft, including any related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or

Page 4573

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 subleases of its lands or facilities, and in anticipation of the collection of the revenues and income of such undertakings or projects. Section 29. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished. Section 30. Powers Declared Supplemental and Additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers confered 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 County of Columbia, 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 easements 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.

Page 4574

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 fulll force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. Section 35. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 36. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 Session of the General Assembly of Georgia, a bill to create the Appling-Columbia County Airport Authority; to provide for the membership of said authority; to prescribe the duties, powers and responsibilities of said authority; to repeal conflicting laws; and for other purposes. This 13th day of January, 1975. Ray Owens Representative, 77th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray D. Owens who, on oath, deposes and says that he is Representative from 77th District, and that the attached copy of Notice of Intention

Page 4575

to Introduce Local Legislation was published in the The Columbia News which is the official organ of Columbia County, on the following dates: January 23, 30, February 6, 1975. /s/ Ray D. Owens Representative, 77th District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Yvonne Lowe Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1975. (Seal). Approved April 25, 1975. CITY OF VILLA RICANEW CHARTER. No. 713 (House Bill No. 534). An Act to provide a new Charter for the City of Villa Rica, Georgia, in the counties of Carroll and Douglas; to provide for the incorporation of said city; to provide for corporate boundaries; to provide for maps and descriptions of the corporate boundaries; to provide for the corporate powers of the government of the City of Villa Rica, to be exercised by the governing authority; to provide for the powers, duties and authority of the city and its officers, officials and employees and the citizens of the city; to provide for general and specific powers; to provide for construction of this charter and the powers of the city; to provide for the exercise of powers, functions, rights, privileges and immunities; to provide for ordinances, by-laws, rules and regulations; to provide for a city council and the members, terms of office, election, duties, powers, authority, meetings, compensation, quorums, qualifications, and vacancies in the office of councilman; to provide

Page 4576

for a mayor and his term of office, election or appointment, duties, powers, authority, compensation, qualifications, and vacancies; to provide for prohibitions on holding certain offices or positions of employment, voting, and dealing with the city; to provide for inquiries and investigations; to provide for the general power and authority of the council; to provide for the organization and procedures of the mayor and council; to provide for oaths; to provide for rules of procedure; to provide for regular and special meetings; to provide for ordinances and their adoption; to provide for emergency ordinances; to provide for codes of technical regulations; to provide for submission of ordinances to the mayor and his power of veto; to provide for codifications of laws and ordinances; to provide for the executive branch of city government and its organization; to provide for departments and employees of city government; to provide for boards, commissions, and authorities; to provide for a city manager and his appointment, qualifications, compensation, duties, powers, and authority; to provide for a city attorney and his appointment, qualifications, compensation, duties, powers, and authority; to provide for administrative officers, including a city clerk, tax collector and city accountant, and their appointment, qualifications, compensation, duties, powers, and authority; to provide for personnel administration; to provide for a municipal court and its judges, jurisdiction, practices, procedures, powers, and authority; to provide for appeals and rules; to provide for elections and the practices, procedures, and requirements connected with such elections; provide for the conduct of elections; to provide for special elections; to provide for the removal of elective officers and the practices and procedures connected therewith; to provide for the financial and fiscal administration of the city; to provide for taxation and the practices and procedures connected therewith; to provide for property taxes, tax levies, tax due dates, tax bills, and the collection of delinquent taxes; to provide for licenses, occupational taxes, excise taxes, sewer service charges, sanitary and health service charges, and special assessments; to provide for the transfer of executions; to provide for borrowing by

Page 4577

the city; to provide for general obligation bonds, revenue bonds, and short-term notes; to provide for accounting and budgeting procedures; to provide for a fiscal year; to provide for the preparation and submission of budgets; to provide for action by the council on budgets; to provide for property tax levies; to provide for appropriations; to provide for contracting procedures and purchasing and disposal of city property; to provide for municipal services and regulatory functions; to provide for a municipal gas board; to provide for official bonds; to provide for existing ordinances and regulations; to provide for section captions; to provide for penalties; to provide for a code of ethics; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Villa Rica, approved March 24, 1941 (Ga. L. 1941, p. 1776), as amended; 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: VILLA RICA CHARTER ARTICLE I CREATION, INCORPORATION, POWERS Section 1.11. Incorporation . The City of Villa Rica, Georgia, in the Counties of Carroll and Douglas, and the inhabitants thereof shall continue to be a body politic and corporate under the same name and style of the City of Villa Rica, Georgia. Under that name, said city shall continue to be vested with all of the property which now belongs 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.

Page 4578

Section 1.12. Corporate Boundaries. (a) The boundaries of the City of Villa Rica 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 Villa Rica, 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 manager and to be designated, as the case may be: Map (or Description) of the Corporate Limits of the City of Villa Rica, 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 manager 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 1.13. Specific Powers. The corporate powers of the government of the City of Villa Rica, 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

Page 4579

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; (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 Georgia Code or under oath applicable Public Acts as are or may be enacted; (8) To acquire, lease, construct, operated, 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 services; 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;

Page 4580

(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 franchise 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, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under section 36-202 of the Georgia Code, 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; pawn shops; the manufacture, sale or transportation of intoxicating liquors; the use and sale of firearms; and to regulate the

Page 4581

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 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; (19) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) 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; (21) 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; (22) To provide for the destruction and removal of any building or other structure which may become dangerous or detrimental to the public; (23) To provide for the collection, method of 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;

Page 4582

(24) 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, fees and to provide for the manner and method of collecting such service charges; (25) To levy a fee, charge, or sewer assessment 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 assessment or sewer fee 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; (26) 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; (27) 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; (28) To define a nuisance and provide for its abatement whether on public or private property; (29) To provide for the preservation and protection of property and equipment of the city and administration and use of same by the public and to prescribe penalties and punishment for violations thereof; (30) 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

Page 4583

safety of inhabitants of the city and to provide for the enforcement of such standards; (31) 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 the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (32) To adopt ordinances and regulations for the prevention of disorderly conduct 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, are 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 thereto; (33) 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 enacted hereunder; (34) 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; (35) 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 the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (36) To provide and maintain a system of pensions and retirement for officers and employees of the city;

Page 4584

(37) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) 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; (39) 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; (40) 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; (41) To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (42) To exercise the power of arrest through duly appointed policemen; (43) 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; (44) 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

Page 4585

future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.14. 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 1.15. 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.

Page 4586

ARTICLE II GOVERNING BODY Section 2.10. Creation; Composition; Number; Election. The legislative authority of the government of the City of Villa Rica, Georgia, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five 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 not less than 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 Villa Rica, Georgia, 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. 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 elected. 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

Page 4587

qualifications of the office as prescribed 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. Compensation and Expenses. The mayor and councilmen shall receive as compensation for their services an amount prescribed by ordinance passed by the council in conformity with the laws of the State of Georgia. 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. The mayor and councilmen shall abide by the Code of Ethics and Prohibited Practices incorporated in this charter as Appendix A. 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.

Page 4588

(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 Villa Rica, Georgia, 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 Villa Rica, Georgia, 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 2.17. Powers and Duties of Mayor. The mayor shall be the chief executive official for the city and chief advocate of policy. He shall preside at meetings of the council, shall sign ordinances and resolutions except as otherwise provided by this charter, shall sign deeds, bonds, contracts and other instruments or documents when authorized by the council to do so. The mayor shall vote only in case of a tie. The mayor shall perform such other duties as may be imposed by this charter or by ordinance of the council not inconsistent therewith. Sections 2.18 and 2.19. Reserved. Section 2.20. Organization of Council. The new council members shall be sworn in by the city clerk and the oath of office shall be administered to the newly elected members as follows:

Page 4589

I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilman as the case may be) of the City of Villa Rica, Georgia, 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 members to be mayor pro tem, who shall serve for a term of one year and until his successor is elected and qualified. 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 as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor with the consent of at least 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 residences at least six 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. (c) All meetings of the council shall be public. 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 (or mayor pro tem when presiding) and 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 hand vote and the votes shall be recorded in the journal. When a quorum is present, the affirmative

Page 4590

vote of a majority of those councilmen present shall be required for the adoption of any ordiance, resolution, or motion except as otherwise provided in this charter. 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 the City of Villa Rica, Georgia, 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. 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 designated. Section 2.25. 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 changes 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 plainly be 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. An emergency ordinance may be repealed by adoption of a repealing

Page 4591

ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.26. 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(b) 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. (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 2.27. Signing; Authenticating; Recording; Codification; Printing. (a) The clerk or city manager shall authenticate by his signature and record in full in a properly indexed book kept for the purpose of recording all ordinances adopted by the council. Every ordinance adopted by the council shall be presented promptly by the clerk to the mayor. (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, 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 Villa Rica, 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.

Page 4592

(c) The council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption and the printed ordinance 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 Villa Rica, Georgia, 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. Section 2.28. 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 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 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 vote. 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 four 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

Page 4593

law unless subsequently passed by the city council over the mayor's vote as provided herein. ARTICLE III EXECUTIVE BRANCH 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 direct supervision and guidance of the city manager and 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.

Page 4594

(e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. Section 3.11. Boards, 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 voting member of any board, commission, or authority shall hold any elective office in the city, except for the gas board and the hospital board (government related boards, commissions, or authorities). (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 a majority of the members of the city 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 prescribed by ordinance. (h) Except as otherwise provided by this charter or by

Page 4595

applicable State law, each board, commission, or authority of the city government shall elect one of its members as chairman and one member as vice chairman for terms of one year and may elect as its secretary an employee of the city. Each board, commission, or authority of the city government may establish (after approval by the mayor and city councilmen) 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 the city. Section 3.12-3.19. Reserved. Section 3.20. City Manager; Appointment, Qualification and Compensation. The council shall appoint for an indefinite term, an officer whose title shall be city manager. The manager shall be appointed solely on the basis of his executive and administrative qualifications with special reference to his educational background and his actual experience in and knowledge of, the duties of office as hereinafter prescribed. The manager shall serve at the pleasure of the council. At the time of his appointment, the city manager need not be a resident of the city and neither shall he be required to reside therein during his tenure of office. The city manager shall be required to live within a close proximity to the city during his tenure of office. Section 3.21. Chief Administrative Officer. The manager shall be chief administrative officer of the government of the City of Villa Rica, Georgia. He shall be responsible to the council for the proper and efficient administration of the affairs of the city. Section 3.22. Powers and Duties. As chief administrative officer, the manager shall have the power to appoint all city officers and department directors with the approval of the council. He shall also have such other powers and duties as are vested in him by this charter and by ordinance. Section 3.23. Grounds for Removal. The manager shall

Page 4596

be subject to removal from office for any one or more of the following causes: (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) wilful 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 3.24. Procedure for Removal. The removal of the city manager from office shall be accomplished by action of four affirmative votes of the entire membership of the council. In the event the manager is sought to be removed by the action of the council, he shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing with assistance of legal counsel if he so desires. The public hearing shall be held not less than fifteen days after the service of such written notice. The city manager shall be suspended upon receipt of the written notice but he shall be entitled to receive compensation for a period of thirty days from the receipt of the written notice. The manager shall have the right of appeal from the decision of the council to the Superior Court of Carroll County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the municipal court. Section 3.25.-3.29. Reserved. Section 3.30. City Clerk. The city manager may appoint a city clerk subject to the approval of the city council to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining

Page 4597

to the affairs of the city and to perform such other duties as may be required by law or as the city manager may direct. Section 3.31. Tax Collector. The city manager may appoint, subject to the approval of the city council, 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 3.32. City Attorney. The city manager shall appoint, subject to the approval of the city council, a city attorney, together with such assistant city attorneys as may be authorized by ordinance. The council shall provide for the payment of such attorney or attorneys for services rendered to the city as directed by ordinance. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the 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 3.33. City Accountant. The city manager may appoint, subject to the approval of the city council, a city accountant to perform the duties of an accountant. Section 3.34. Consolidation of Functions. The city manager, with the approval of 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 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.

Page 4598

Section 3.35.-3.39. Reserved. Section 3.40 Position Classification and Pay Plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the council for approval. Said plans may apply to all employees of the City of Villa Rica, Georgia, and of any of its agencies and offices. When a pay plan has been adopted the council shall not increase or decrease the grade or step categories of individual employees except by amendment of said plan. Section 3.41. 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 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 layoffs 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 Villa Rica, Georgia. ARTICLE IV JUDICIAL BRANCH Section 4.10. Municipal Court; Creation. There is hereby established a court to be known as the Municipal Court of the City of Villa Rica, Georgia, which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and State as allowed by State law 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

Page 4599

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 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) 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 appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (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 the 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. (d) The city attorney shall not serve as the judge or judge pro tem of the municipal court. 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 Villa Rica and for violation of its ordinances. The municipal

Page 4600

court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed one thousand dollars or thirty days in jail. The municipal court may fix punishment for offenses with its jurisdiction not exceeding a fine of one thousand dollars or imprisonment for thirty days or both and as 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 thirty days. (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 the State or superior court for violation of State laws. (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, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the City of Villa Rica, 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

Page 4601

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 Villa Rica granted by State laws generally to mayor's, recorder's and police courts, and particularly by such laws as authorized the abatement of nuisances. Section 4.14. Appeal. The right of appeal and any bond as may be required to secure the costs of appeal to the Superior Court of Carroll 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 probate court. 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. 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 forty-eight hours prior to said proceedings.

Page 4602

ARTICLE V ELECTIONS Section 5.10. Regular Election; Time for Holding. The mayor and councilmen shall be elected by city-wide vote. Four of the councilmen shall reside respectively in ward 1, ward 2, ward 3 and ward 4, the boundaries of which are specifically described and set forth in Appendix B hereof. The fifth councilman shall be a councilman-at-large not required to reside in any specific ward. On the first Tuesday in December, 1975, and on said date biennially thereafter, there shall be an election for the office of mayor. On the same day and month in 1975, two councilmen representing ward 1 and ward 2 respectively shall be elected to serve two-year terms in order of expiration of terms of those now serving as such and on said date biennially thereafter. On the first Tuesday in December, 1976, and on said date biennially thereafter there shall be an election for three councilmen, one representing ward 3, one representing ward 4, and one representing the councilman-at-large position. These three councilmen shall be elected to serve two-year terms in the order of expiration of terms of those now serving as such and on said date thereafter. 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 elections in the City of Villa Rica. Sections 5.12.-5.19. Reserved. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Villa Rica as to primary, special or general elections shall be in conformity with the provisions of the

Page 4603

Georgia Municipal Election Code approved April 4, 1968 (Ga. 1968, p. 885), as now or hereafter 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 balance of the unexpired term of such office; provided, however, if such vacancy occurs within ninety days of the expiration of the term of office of the mayor or 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 Georgia Code as now or hereafter amended. Sections 5.22.-5.29. Reserved. Section 5.30. Removal of Elective Officers; Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) Incompetence, misfeasance, or malfeasance in office; (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 State law; (d) Wilful 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. Procedures for Removal. Removal of an

Page 4604

elected officer from office may be accomplished by one of the following methods: (a) By action of three-fourths vote of the remaining membership of the council with the councilmen under consideration not being allowed to vote. 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 prepared by the council specifying the ground for removal and to a public hearing before the council which shall be held not less than twenty days after the service of such written notice. Such elected officer shall have the right of assistance from legal counsel at such public hearing. 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 Carroll County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the municipal court. (b) By information filed in the Superior Court of Carroll County as provided by law. (c) By a recall election. 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 percent 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. 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. ARTICLE VI FINANCE AND FISCAL Section 6.10. Property Taxes. All property subject to the taxation for State or county purposes, assessed as of

Page 4605

January 1 in each year, shall be subject to the property tax levied by the City of Villa Rica. The city will use the county assessment for the year in which the city taxes are to be levied and the county is to furnish appropriate information for such purpose unless otherwise directed by State law. The maximum general operation millage rate will be 13 mills. Section 6.11. Tax Levy. The council shall be authorized to levy as ad valorem tax on all real and personal property within the corporate limits of the city as permitted by State law 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 Villa Rica is hereby exempted from the provisions of Georgia Code sections 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 city clerk and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. The council shall be authorized to impose an interest penalty upon delinquent tax payments to the city in an amount not to exceed ten percent. 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

Page 4606

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 occupational taxes upon the residents of the City of Villa Rica, both individual and corporate, and on all those who transact or offer to transact business 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 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 Villa Rica, to provide for the cost and expense of providing for the collection and disposal of sewage through the sewage facilities of said city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.16. Sanitary and Health Service 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

Page 4607

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, or improving any public way, street, sidewalk, curbing, gutters, sewers, water systems, gas systems, 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 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 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. 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 may be hereinafter provided by law.

Page 4608

Section 6.19. 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 issuance by municipalities in effect at the time said issue is undertaken. Section 6.20. Revenue Bonds. Revenue bonds may be issued by the city council as 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 6.21. Short-Term Notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year. Sections 6.22.-6.29. Reserved. 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 and every office, department, institution, agency and activity of the city government, unless otherwise provided by State or federal law. Section 6.31. Preparation of the Budget. The council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual budget including requirements as to the scope, content, and form of such budget. Section 6.32. Submission of the Budget to City Council. On or before a date fixed by the council, the city manager shall submit to the council a proposed budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for next fiscal year, a general summary of the budget and

Page 4609

such other comments and information as he may deem pertinent. The budget, the budget message and all supporting documents shall be filed in the office of city clerk and shall be open to public insepection. Section 6.33. Action by Council on Budget. (a) The council may amend the budget proposed by the city manager; except, that the budget as finally amended and adopted must provide for all expenditure required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The council shall adopt the final budget for the ensuing fiscal year not later than the last day of the old fiscal year. 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. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable unless authorized by the council. (d) The council shall be authorized to establish a tax millage rate each year after the submission of the budget to the council to ensure that the necessary revenue will be available to meet the appropriations provided for in the budget. The tax millage rate levied by the council shall not exceed 13 mills to cover general operating expenses. An additional

Page 4610

millage rate may be levied for the retirement of bonded indebtedness. Section 6.34. Property Tax Levies. As the next order of business following adoption of the budget, the council shall levy by ordinance an annual tax on all real and personal property within the City of Villa Rica. 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 budget for defraying the expenses of the general government of the City of Villa Rica. Section 6.35. Additional Appropriations. The council may make appropriations in addition to those contained in the current 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. Sections 6.36.-6.39. Reserved. Section 6.40. Procurement and Property Management; 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 6.41. Centralized Purchasing. (a) The council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Villa Rica. (b) The council may sell and convey any real or personal property owned or held by the City of Villa Rica 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.

Page 4611

(c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) 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 city manager to execute and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of land to and 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 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 Section 7.10. Municipal Services; 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 the City of Villa Rica. 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

Page 4612

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 the City of Villa Rica. 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 ordinances 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 services are 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. Rights-of-Way. The City of Villa Rica 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 counties of Carroll and Douglas 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 supplies 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. 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,

Page 4613

sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be taken under Chapter 36-202 of the Georgia Code, subject to such amendments as shall be enacted, or any other applicable Georgia law. Sections 7.15. - 7.19. Reserved. 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 Villa Rica, regardless 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 State of Georgia. This power is conferred for the purpose of regulations 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 Villa Rica. 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. 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,

Page 4614

terms, whether the same shall be exclusive or non-exclusive and the consideration of such franchises. 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. ARTICLE VIII MUNICIPAL GAS BOARD Section 8.10. Creation. The city council shall have the authority to create and establish a municipal gas board to be known as the Villa Rica Municipal Gas Board. Section 8.11. Powers; Duties; Organization. The municipal gas board shall have such powers and duties as authorized in the original charter amendment (H.B. 486, April 6, 1967).

Page 4615

ARTICLE II ZONING Section 9.10. Zoning Board. The Mayor and Council of Villa Rica shall appoint a zoning and planning board and adopt ordinances and regulations for the administration thereof. The zoning board shall have the authority to establish zoning rules and regulations and a zoning map. Section 9.11. Zoning Boards of Appeals. The Mayor and Council of Villa Rica shall appoint a zoning board of appeals to hear cases involving variances from the zoning rules and regulations. ARTICLE X GENERAL PROVISIONS Section 10.10. Official Bonds. The officers and employees of the City of Villa Rica, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the city council may from time to time require. Section 10.11. Existing Ordinances and Regulations. Existing ordinances and resolutions of the City of Villa Rica 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 Villa Rica not inconsistent with the provisions of this charter shall continue in effect until they have been repealed, modified, or amended. Section 10.12. 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 10.13. Gender. The use of masculine nouns in this charter is for uniformity only and in no way is to be interpreted as discriminating against the feminine sex.

Page 4616

Section 10.14. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than one thousand dollars or by imprisonment not to exceed thirty days or both such fine and imprisonment. Section 10.15. Specific Repealer. An Act incorporating the City of Villa Rica in the counties of Carroll and Douglas, approved March 24, 1941 (Ga. Laws 1941, pp. 1776, et seq.) is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. Section 10.16. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such parts of this charter 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 10.17. Effective Date. This charter shall become effective upon approval by the Governor or upon its becoming law without his approval. Section 10.18. Repealer. All laws and parts of laws in conflict with this charter are hereby repealed. APPENDIX A CODE OF ETHICS AND PROHIBITED PRACTICES 1. Conflict of Interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this code of ethics applies shall knowingly: (a) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official

Page 4617

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

Page 4618

or political entity to which this code of ethics applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such agency or entity shall disclose such private interest to the governing body of such agency or entity. 3. Use of Public Property. No elected official, appointed officer, or employee of the city or any agency or any agencies or entity to which this code of ethics applies shall use property owned by such governmental body for personal benefit, convenience, or profit except in accordance with policies promulgated by the council or the governing body of such agency or entity. 4. Contracts Voidable and Rescindable. Any violation of this code of ethics which occurs with the knowledge, express or implied, of another party to a contract or sale shall render said contracts or sale voidable as to that party, at the option of the council. 5. Ineligibility of Elected Officials. Except where authorized by law, neither the mayor nor any councilman shall hold any other elective or appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he was elected. No former mayor and no former councilman shall hold any compensated appointed office in the city until one year after the expiration of the term for which he was elected. 6. Political Activities of Certain Officers and Employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. 7. Penalties for Violation. (a) Any city officer or employee who wilfully conceals such financial interest or wilfully violates any of the requirements of this section shall upon conviction be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. (b) Any officer or employee of the city who shall forfeit his office or position as described in subsection (a), shall be ineligible for appointment or election to or employment

Page 4619

in a position in the city government for a period of three years thereafter. APPENDIX B DESCRIPTION OF WARD BOUNDARIES The city shall be divided into four wards described as follows: Ward 1: Beginning at the intersection of the south right-of-way of the Southern Railroad and the east boundary of the city limits, thence west along the south right-of-way of the Southern Railroad to the intersection of said right-of-way and the east right-of-way of Westview Street formerly Cemetery Street, thence west along the south right-of-way of Westview Street to the intersection of said right-of-way and the south right-of-way of United States Highway 78 formerly Cemetery Street, thence west along the south right-of-way of United States Highway 78 to the intersection of said right-of-way and the west city limits, thence southeast along the city limits to the point of beginning. Ward 2: Beginning at a point where the west right-of-way of Georgia Highway 101, formerly Jones Street would intersect the south right-of-way of the Southern Railroad, thence north along said right-of-way to the intersection with the north city limits; thence southwest along the city limits to the intersection with the north right-of-way of United States Highway 78, formerly Cemetery Street, at Rocky Branch Road, thence east along said right-of-way to a point where it would intersect the north right-of-way of Westview Drive, formerly Cemetery Street, thence east along said right-of-way to the intersection with the south right-of-way of the Southern Railroad, thence west along said right-of-way to the point of beginning. Ward 3: Beginning at the intersection of the east right-of-way of Georgia Highway 101, formerly Jones Street and the north right-of-way of the Southern Railroad, thence north along said right-of-way to city limits, thence northeast

Page 4620

along the city limits, to the intersection with the northwest right-of-way of Georgia Highway 61, formerly Villa Rica Street, thence southwest along said right-of-way to the intersection with the west right-of-way of North Avenue formerly Villa Rica Street, thence south along said right-of-way to the intersection with the south right-of-way of Memorial Drive, formerly Creek Street, thence west along said right-of-way to the intersection with the west right-of-way of alley C, thence south along said right-of-way to the intersection with the west right-of-way of alley B, thence south along said right-of-way to the intersection with the north right-of-way of the Southern Railroad, thence west, along said right-of-way to the point of beginning. Ward 4: Beginning at the intersection of the north right-of-way of the Southern Railroad and the east city limits, thence west along said right-of-way to the intersection with the west right-of-way of alley B, thence north along right-of-way to the intersection with the west right-of-way of alley C, thence north along said right-of-way to the intersection with the south right-of-way of Memorial Drive formerly Creek Street, thence east along said right-of-way to the intersection with the west right-of-way of North Avenue formerly Villa Rica Street, thence north along said right-of-way to the intersection with the northwest right-of-way of Georgia Highway 61 formerly Villa Rica Street, thence northeast along said right-of-way to the intersection with the city limits, thence southeast along the city limits to the point of beginning. News Release. Notice of Intention to Introduce Local Legislation. The citizens of the City of Villa Rica are hereby given notice of intention by the Mayor and Council of the City of Villa Rica to introduce to the 1975 General Assembly, local legislation to revise the Charter of the City of Villa Rica. Important changes in the revised Charter include but are not limited to:

Page 4621

Article IV Judicial Branch Section 4.11. Judge (a) No person shall be qualified or eligible to serve as Judge unless he shall be a member of the State Bar of Georgia. Section 4.11 Judge (d) The City Attorney shall not serve as Judge or Judge Pro Tem of the Municipal Court. Section 4.13 Jurisdiction, Powers (a) The Municipal Court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand ($1,000) dollars or imprisonment for thirty days or both. ARTICLE VI Finance and Fiscal. Section 6.17 Special Assessments. The Council shall have power and authority to assess all or part of the costs of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers, water systems, gas systems, or other utility mains and appurtenances against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Section 6.31 Preparation of the Budget. The Council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual budget including requirements as to the scope, content, and form of such budget. Appendix A Code of Ethics and Prohibited Practices (Prohibits unethical practices, requires disclosure of financial interest in City contracts, etc.) And otherwise amend the laws constituting the charter of

Page 4622

the Mayor and Councilmen of the City of Villa Rica and for other purposes. A public hearing on the revised Charter will be held at City Hall in Villa Rica at 7:30 p.m. on January 7, 1975. The revised Charter is available for public review and inspection at City Hall in Villa Rica. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Glanton 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 Carroll County Georgian which is the official organ of Carroll County, on the following dates: December 17, 24, 31, 1974. /s/ Tom Glanton Representative, 66th District Sworn to and subscribed before me this 5th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 25, 1975. TOWN OF POOLERCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 715 (House Bill No. 658). 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

Page 4623

February 23, 1956 (Ga. L. 1956, p. 25), 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), an Act approved March 27, 1972 (Ga. L. 1972, p. 2953), an Act approved April 17, 1973 (Ga. L. 1973, p. 3415), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3809), and to otherwise amend the laws constituting the Charter of the Town of Pooler; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Pooler, approved January 30, 1946 (Ga. L. 1946, p. 593), as amended, particularly by an Act approved February 23, 1956 (Ga. L. 1956, p. 25), 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), an Act approved Mach 27, 1972 (Ga. L. 1972, p. 2953), an Act approved April 17, 1973 (Ga. L. 1973, p. 3415), and an Act approved March 28, 1974 (Ga. L. 1974, p. 3809), is hereby amended by adding a new section to be known as section 2F, to read as follows: Section 2F. In addition to the present corporate limits of the Town 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: Commencing at the point of intersection between the Northerly right of way line of the Seaboard Coastline Railroad and the Westerly right of way line of Skinner Street, which point is the point of beginning; running thence North 7144[UNK] West along the Northerly right of way line of the Seaboard Coastline Railroad a distance of 1,089 feet to a point; running thence North 8030[UNK] West a distance of 940 feet to a

Page 4624

point; running thence South 84 00[UNK] West a distance of 108 feet to a point on the Easterly right of way line of Rogers Street; running thence North 16 30[UNK] East along the Easterly right of way line of Rogers Street a distance of 271 feet to a point on the Easterly right of way line of Rogers Street; running thence South 74 30[UNK] East a distance of 272 feet to a point; running thence North 16 30[UNK] East a distance of 42 feet to a point; running thence South 74 30[UNK] East a distance of 1,322 feet to a point; running thence South 16 30[UNK] West along the Westerly right of way line of Skinner Street a distance of 1,181 feet to a point; which point is the point of intersection between the Northerly right of way line of the Seaboard Coastline Railroad and the Westerly right of way line of Skinner Street and was the point of beginning; the above described tract of land being more fully shown on a plat made by Stuckey and Kimmer, Inc., Savannah, Georgia, dated December 30, 1974, recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia in Plat Record Book Y, Folio 146, and marked on said map as `36.2 acre recreation park to be annexed' and to which 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 Seaboard Coastline R/R and the Westerly right of way line of Rogers Street and running thence North 19 31[UNK] 20[UNK] East a distance of 502.84 feet to a concrete monument located on the Westerly right of way line of Rogers Street and which point is the point of beginning; running thence North 78 28[UNK] 40[UNK] West a distance of 735.72 feet to a concrete monument; running thence North 16 23[UNK] 20[UNK] East a distance of 264.27 feet to an iron pipe; running thence North 21 03[UNK] 40[UNK] East a distance of 473.95 feet to a concrete monument; running thence North 21 03[UNK] 40[UNK] East a distance of 40.42 feet to an iron pipe; running thence South 71 14[UNK] 20[UNK] East along the Town of Pooler Corporate Limits a distance of 737.52 feet to an iron pipe located on the Westerly right of way line of Rogers Street; running thence South 19 31[UNK] 20[UNK] West along the Westerly right of way line of Rogers Street a distance of 747.50 feet to a concrete monument located on the Westerly right of way

Page 4625

line of Rogers Street and which concrete monument was the point of beginning; the above described tract of land being more fully shown on a plat dated January 20, 1975, of a 12.67 acres of a `Sketch showing a portion of the Hector Nelson property to be annexed into the Town of Pooler, Chatham County, Georgia', recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book Y, Folio 146, and to which map 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 between the Northerly right of way line of Pine Barren Road and the Southerly right of way line of U. S. Highway 80, which point is the point of beginning; running thence 1,660 feet to a point; running thence 25 feet to a point; running thence 929.2 feet to a point; running thence 1,252.10 feet to a point; running thence along a line having an arc a distance of 1,316.20 feet to a point; running thence 25 feet, more or less, to a point; running thence 1,131 feet, more or less, to a point; running thence 296.74 feet to a point; running thence 25 feet to a point; running thence 826.93 feet to a point; running thence 433.20 feet to a point; running thence 85.48 feet to a point; running thence 100.16 feet to a point; running thence 271.5 feet to a point; running thence 212.0 feet to a point; running thence 96.25 feet to a point; running thence 58.64 feet to a point; running thence 58.64 feet to a point; running thence 102.9 feet to a point; running thence 120.93 feet to a point; running thence 122.83 feet to a point; running thence 125.12 feet to a point; running thence a distance of 900 feet, more or less, to a point on the Easterly right of way line of Skinner Avenue; running thence in a Southerly direction along the Easterly right of way line of Skinner Avenue a distance of 200 feet, more or less, to a point which is 1,637.81 feet North of the intersection between the Easterly right of way line of Skinner Avenue and the Northerly right of way line of Seaboard Coast Line Railroad; running thence in a Southerly direction along the Eastern right of way line of Skinner Avenue a distance of 1,637.81 feet; running thence along the Northerly right of way line of Seaboard Coast Line Railroad a distance of 2,748.43 feet to a point; continuing

Page 4626

thence along the Northerly right of way line of the Seaboard Coast Line Railroad a distance of 760.0 feet to a point; running thence 12.5 feet to a point; running thence 436.9 feet to a point on the Northerly right of way line of Pine Barren Road; running thence along the Northerly right of way line of Pine Barren Road a distance of 653.0 feet to a point; continuing thence along the Northerly right of way line of Pine Barren Road a distance of 155.0 feet to a point; continuing thence along the Northerly right of way line of Pine Barren Road a distance of 155.0 feet; continuing thence 1,020 feet along the Northerly right of way line of Pine Barren Road to a point on the Southerly right of way line of U. S. Highway 80, which point is the point of intersection between the Southerly right of way line of U. S. Highway 80 and the Northerly right of way line of Pine Barren Road and was the point of beginning. Said property being bounded in a Northerly direction by the Central of Georgia Railroad and U. S. Highway 80; in a Southerly direction by Pine Barren Road and Seaboard Coast Line Railroad; and on the West by Skinner Avenue and the existing Pooler City Limits. The above described tract of land being more fully shown on a plat made by Helmly, Purcell Associates, Inc., Savannah, Georgia, dated December 11, 1974, and revised January 15, 1975, showing `Compilation Map of Various Parcels of Land to be Incorporated into the Town of Pooler,' and recorded in the Office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book Y, Folio 147, and to which reference is specifically made. 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 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, and to

Page 4627

otherwise amend the laws constituting the Charter of the Town of Pooler and for other purposes. Jack K. Berry Town Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Chance who, on oath, deposes and says that he is Representative from the 129th 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 7, 14, 21, 1975. George Chance Representative, 129th District. Sworn to and subscribed before me, this 12th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 25, 1975. TOWN OF AUSTELLCHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 722 (House Bill No. 914). 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 4628

particularly by an Act approved February 5, 1952 (Ga. L. 1952, p. 2054), an Act approved December 10, 1953 (Ga. L. 1953, p. 2168), an Act approved February 23, 1955 (Ga. L. 1955, p. 2426), an Act approved March 13, 1957 (Ga. L. 1957, p. 3112), an Act approved February 11, 1958 (Ga. L. 1958, p. 2024), an Act approved March 17, 1959 (Ga. L. 1959, p. 3142), an Act approved February 17, 1960 (Ga. L. 1960, p. 2118), an Act approved April 5, 1961 (Ga. L. 1961, p. 3477), an Act approved February 27, 1962 (Ga. L. 1962, p. 2388), an Act approved April 9, 1963 (Ga. L. 1963, p. 3222), 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), an Act approved March 27, 1972 (Ga. L. 1972, p. 2867), an Act approved April 17, 1973 (Ga. L. 1973, p. 3314), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3350), 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 February 5, 1952 (Ga. L. 1952, p. 2054), an Act approved December 10, 1953 (Ga. L. 1953, p. 2168), an Act approved February 23, 1955 (Ga. L. 1955, p. 2426), an Act approved March 13, 1957 (Ga. L. 1957, p. 3112), an Act approved February 11, 1958 (Ga. L. 1958, p. 2024), an Act approved March 17, 1959 (Ga. L. 1959, p. 3142), an Act approved February 17, 1960 (Ga. L. 1960, p. 2118), an Act approved April 5, 1961 (Ga. L. 1961, p. 3477), an Act approved February 27, 1962 (Ga. L. 1962, p. 2388), an Act approved April 9, 1963 (Ga. L. 1963, p. 3222), an Act approved

Page 4629

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), an Act approved March 27, 1972 (Ga. L. 1972, p. 2867), an Act approved April 17, 1973 (Ga. L. 1973, p. 3314), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3350), is hereby amended by adding, following section S, a new section to be known as Section T to read as follows: Section T. 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 1 All that tract or parcel of land lying and being in Land Lot 1289, of the 19th District, 2nd Section, Cobb County, Georgia and being all of subdivided Lot Nos. 42 and 43 of the McDaniel Addition and being more fully shown on that certain plat of same recorded in Plat book 6, Page 23, Cobb County Georgia Records, and being more particularly described as follows: BEGINNING at a point located 160 feet North 1 degree 01 minutes West from the common intersection of Land Lots 1288, 1289, 1302 and 1303 of said district and section, said point of beginning also being located at the Southwest corner of Lot 43 of said subdivision; thence running North 1 degree 01 minutes West 160 feet to an iron pin; thence running North 89 degrees 47 minutes East 405.1 feet to an iron pin on the West right of way of June Drive; thence running South 2 degrees 15 minutes East along the West right of way of June Drive 160 feet to an iron pin; thence running South 89 degrees 47 minutes West 408.5 feet to an iron pin and the point of beginning.

Page 4630

TRACT 2 All that tract or parcel of land lying and being in Land Lot No. 23 of the 18th District and 2nd Section of Cobb County, Georgia, being Lot No. 4 of the Hutcheson Subdivision, Unit One, as per plat of same by Sanders Engineering Co., copy of which is recorded in the office of the Clerk of the Superior Court of Cobb County, more particularly described as follows: BEGINNING at a point on the East side of Dovie Lane, said point being located 500 feet North of the point where the South line of Land Lot No. 23 intersects the East side of Dovie Lane (same being also the Northwest corner of Lot No. 5 of said Subdivision); thence North along the East side of Dovie Lane a distance of 100 feet to the Southwest corner of Lot No. 3 of said Subdivision; thence East along the South line of Lot No. 3 a distance of 200 feet to the South-east corner of said Lot No. 3; thence South a distance of 100 feet to the Northeast corner of Lot No. 5 of said Subdivision; thence West along the North line of said Lot No. 5 a distance of 200 feet to the East side of Dovie Lane and point of beginning; being improved property with a six room frame house situated thereon. TRACT 3 All that tract or parcel of land lying and being in Land Lot 23 of the 18th District, second section of Cobb County, Georgia, being lots 5 and 6 of Hutcheson Subdivision, Unit I, as per plat of Sanders Engineering Company dated August 10, 1962 and being more particularly described as follows: BEGINNING at an iron pin on easterly side of Dovie Lane, said iron pin is located 300 feet north of intersection of easterly side of Dovie Lane and south line of Land Lot 23 as measured along easterly side of Dovie Lane; running thence northerly along easterly side of Dovie Lane 200 feet to an iron pin corner; running thence easterly 200 feet to an iron pin corner; running thence southerly 200 feet to an iron pin corner; running thence westerly 200 feet to an

Page 4631

iron pin located on easterly side of Dovie Lane and point of beginning. TRACT 4 All that tract or parcel of land lying and being in Land Lot 23 of the 18th District, 2nd Section, Cobb County, Georgia, and being known as Lots 7 and 8, Hutcheson Subdivision, Unit 1, and being more particularly described as follows: BEGINNING at an iron pin located on the east side of Dovie Lane, at the line between Lots 8 and 9, which iron pin is located 100 feet north of the intersection of the east side of Dovie Lane and the south line of Land Lot 23, as measured along the east side of Dovie Lane; running thence north 1 degree 31 minutes east along the east side of Dovie Lane a distance of 200 feet to an iron pin; running thence east along the line between Lots 7 and 6 a distance of 200 feet to an iron pin; running thence south 1 degree 31 minutes west a distance of 200 feet to an iron pin; running thence west along the line between Lots 8 and 9 a distance of 200 feet to an iron pin located on the east side of Dovie Lane at the point of beginning. TRACT 5 All that tract or parcel of land lying and being in Land Lots 1304 and 1305 of the 19th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located at the northeast corner of Land Lot 1305, which is also the northwest corner of Land Lot 1304; running thence south 68 degrees 42 minutes east a distance of 291.8 feet to a fence post; running thence south 3 degrees 56 minutes west a distance of 211.3 feet to a fence post; running thence south 88 degrees 08 minutes east a distance of 228.3 feet to a fence post; running thence north 1 degree 24 minutes west a distance of 208.6 feet to a fence post; running thence south 87 degrees 50 minutes east a distance of 78.9 feet to an iron pin located

Page 4632

on the west side of Austell Marietta Road; running thence in a southerly direction along the westerly side of Austell Marietta Road a distance of 531.1 feet to an iron pin located on the northwesterly side of a 200 foot Southern Railroad right of way; running thence in a southwesterly direction along the northwesterly side of said right of way a distance of 1299.5 feet to the center line of Sweetwater Creek; running thence north along the center line of Sweetwater Creek a distance of 1081.2 feet, more or less, to the north line of Land Lot 1305; running thence south 87 degrees 23 minutes east along the north line of Land Lot 1305 a distance of 700.5 feet to an iron pin located at the northeast corner of Land Lot 1305 at the point of beginning and being made in accordance with a plat of survey made by B. H. Cox, Surveyor, dated October 31, 1969. TRACT 6 All that tract or parcel of land lying and being in Land Lot 23 of the 18th District, 2nd Section, Cobb County, Georgia, being Lot 2 of Hutcheson Subdivision, Unit I as per plat of Sanders Engineering Company dated August 10, 1962 and recorded in Plat Book 33, Page 39, Cobb County Records and being more particularly described as follows: BEGINNING at a point on the east side of Dovie Lane which point is 700 feet north 1 degree 31 minutes east from the original south land lot line as measured along the east side of Dovie Lane; thence north 89 degrees 0 minutes east 200 feet to a corner; thence north 1 degree 31 minutes east 100 feet to a corner; thence south 89 degrees 0 minutes west 200 feet to a corner on the east side of Dovie Lane; thence south 1 degree, 31 minutes west along the east side of Dovie Lane 100 feet and to the point of beginning. TRACT 7 All that tract or parcel of land lying and being in Land Lot 1302 of the 19th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows: BEGINNING at an iron pin on the southeastern side of

Page 4633

Bankhead Highway two hundred ninety-seven (297) feet, northeasterly, as measured along the southeasterly side of said Highway from the west line of said Land Lot; running thence northeasterly along the southeasterly side of said Bankhead Highway a distance of one hundred thirty-eight (138) feet to an iron pin; thence south a distance of four hundred (400) feet, to a point; thence in a westerly direction parallel to said highway one hundred thirty-eight (138) feet to a point; thence north a distance of four hundred (400) feet to an iron pin at the point of beginning; said parcel of land being the northwestern portion of Lot 2 as shown on a plat of Subdivision of W. P. Davis Estate and recorded in Plat Book 5, page 175, Cobb County Records. TRACT 8 All that tract or parcel of land lying and being in Land Lot 1301 of the 19th District, 2nd Section, Cobb County, Georgia and being all of Lot 2 and part of Lot 3 of the W. P. Davis Subdivision as well as the right of way of Bankhead Highway easterly from the present city limits to a line which is an extension of the East line of property herein described across said highway's right of way, all as shown on plat of survey for Winton Moreland by B. H. Cox and Carl A. Cochran, surveyors, dated April 8, 1974 and revised May 7, 1974, and being more particularly described as follows: BEGINNING at a point on the South side of Bankhead Highway's 60 foot right of way 33.7 feet East of the intersection of the South side of said right of way with the West line of said Land Lot which is the present city limits of the City of Austell; and running thence northerly along said city limits and across said highway right of way 60 feet to a point; running thence easterly along the North side of said right of way 229.4 feet to a point; running thence southerly across said highway 63 feet to an iron pin; running thence westerly along the southerly side of said highway's right of way and following the curvature thereof along an arc whose chord measures 160.5 feet to an iron pin; continuing thence westerly along said right of way 77.3 feet to the point of beginning and being all of said

Page 4634

highway's right of way extending from the present city limits to a line which is an extension of the eastern line of the property hereinafter described. Also, the aforesaid Lot 2 and part of Lot 3, more particularly described as follows: BEGINNING at an iron pin on the South side of Bankhead Highway's 60 foot right of way 111 feet East of the intersection of the South side of said right of way with the West line of said Land Lot; and running thence easterly along the southerly side of Bankhead Highway and following the curvature thereof along an arc whose chord measures 160.5 feet to an iron pin; running thence South 0 degrees 30 minutes West 275 feet to an iron pin; running thence North 71 degrees 53 minutes West 160.5 feet to an iron pin; running thence North 1 degree 30 minutes East 275 feet to the iron pin at the point of beginning. TRACT 9 All that tract or parcel of land lying and being in Land Lots 1302 and 1303 of the 19th District, 2nd Section, Cobb County, Georgia as shown on plat of survey for Jack Tippens by B. H. Cox, surveyor, dated November 4, 1974, and being more particularly described as follows: BEGINNING at an iron pin at the Southeast corner of Land Lot 1303 which is also the Southwest corner of Land Lot 1302; and running thence South 89 degrees 59 minutes West along the South line of said Land Lot 264.3 feet to an iron pin; continuing thence South 88 degrees 49 minutes 30 seconds West along said Land Lot line 104.9 feet to an iron pin; continuing thence South 88 degrees 52 minutes West along said Land Lot line 205.36 feet to an iron pin; running thence North 01 degrees 05 minutes 30 seconds West 740 feet to an iron pin on the South side of Bankhead Highway's 60 foot right of way; running thence South 88 degrees 06 minutes 30 seconds East along said right of way 530.65 feet to an iron pin; running thence South 0 degrees 35 minutes West 400 feet to an iron pin; running thence South 89 degrees 41 minutes East 197 feet to an iron pin; running

Page 4635

thence South 0 degrees 09 minutes West 16.8 feet to an iron pin; running thence South 0 degrees 41 minutes 30 seconds West 221.2 feet to an iron pin on the South line of Land Lot 1302; running thence South 88 degrees 21 minutes West along the South line of Land Lot 1302, 279 feet to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1975 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 27th day of December, 1974. Joe L. Thompson Roy E. Barnes Haskew Brantley Senators George H. Kreeger Ken Nix A. L. Burruss Joe Mack Wilson G. Robert Howard Bill Cooper Chuck Edwards Carl Harrison 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

Page 4636

in the Douglas County Sentinel which is the official organ of Douglas County, on the following dates: January 23, 30, and February 6, 1975. George H. Kreeger Representative, 21st District. Sworn to and subscribed before me, this 20th day of February, 1975. /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 January-February 1975 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 27th day of December, 1974. Joe L. Thompson Roy E. Barnes Haskew Brantley Senators George H. Kreeger Ken Nix A. L. Burruss Joe Mack Wilson G. Robert Howard Bill Cooper Chuck Edwards Carl Harrison Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George H. Kreeger

Page 4637

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 24, 31, and February 7, 1975. George H. Kreeger Representative, 21st District. Sworn to and subscribed before me, this 20th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 25, 1975. DOWNTOWN WAYCROSS DEVELOPMENT AUTHORITY ACT. No. 723 (House Bill No. 1120). An Act to create the Downtown Waycross Development Authority; to provide for the purposes of the Authority; to provide for the membership of the Authority; to provide for the Downtown Waycross District; to provide for a tax; to provide for annexation of certain territory to the Downtown Waycross District under certain circumstances; to provide for the powers of the Authority; to provide for the issuance of revenue bonds; 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:

Page 4638

Section 1. (a) Pursuant to the authority of an amendment to Article VII, Section VII, Paragraph I of the Consituation ratified at the 1974 general election, which amendment is set forth in Volume One of the 1974 Georgia Laws (Ga. L. 1974, p. 1764), there is hereby created the Downtown Waycross Development Authority, hereinafter referred to as the Authority. The Authority shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof and by that name, style and title, said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity. Creation. (b) The Authority is created for the purpose of the redevelopment of the downtown Waycross area and in connection therewith, for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating public projects, public buildings and other public facilities, parking lots or garages and other parking structures and any and all other facilities useful or desirable in connection therewith, 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 or desirable for and incidgnt to carrying out the foregoing purposes. Section 2. (a) The Authority shall be composed of seven members to be appointed and elected as hereinafter provided. One member shall be appointed by the City Commission of the City of Waycross from its membership. Three members of the Authority shall be elected by the owners of the property which is subject to the tax provided for in section 4 hereof. The three remaining members of the Authority shall be elected by owners of business establishments with a place of doing business located within the Downtown Waycross District. The initial three members of the Authority elected by each group of such owners as provided above shall serve for terms of office of one, two and three years, respectively. Thereafter, all terms of office of members of the Authority shall be for three years, except for the

Page 4639

member appointed by the City Commission, who shall serve for one year. Members. (b) The initial members of the Authority to be elected by the property owners and owners of businesses, as provided above, shall be elected in a caucus of each respective owner group, which shall be held within sixty days after this Act becomes law, and at such time and place as the Mayor of the City of Waycross shall designate after due notice thereof shall have been given to the respective owners. Thereafter, there shall be conducted annually a caucus of each owner group at such time and place as the Authority shall designate after having given due notice to the participants for the purpose of electing successors to the initial elected members of the Authority. (c) In the event that 20% of the total number of the members of any owner group shall petition the Authority, the Authority shall call a caucus for the purpose of recalling any member named to the Authority by such group. At such caucus, if a majority of those owners present and voting, shall vote to recall any such member, a vacancy shall be declared to exist, and if such recalled member's term has less than six months until expiration, the Authority shall then elect a member to replace him for the unexpired term. In the event that such recalled member's term shall expire more than six months from the date of recall, the Authority shall declare a vacancy exists, and the Authority shall then call a caucus of the owner group affected for the purpose of electing a member to fill such vacancy for the unexpired term. At such caucus, the nominee receiving the highest number of votes shall be elected. (d) In the event of the death, or resignation of a member of the Authority, whose remaining term of office shall be six months or less, the Authority shall appoint a member to fill the vacancy for the unexpired term. In the event of the death or resignation of a member of the Authority, whose term has more than six months to expiration, the Authority shall declare a vacancy exists, and the Authority shall give notice to the owner group from which said member

Page 4640

is to be elected of the time and place of the holding of a caucus for the purpose of filling the vacancy for the unexpired term. At such caucus, the nominee receiving the greatest number of votes shall be elected to fill the vacancy. (e) As used in this section, the owners of the property which is subject to the tax provided herein shall be deemed, with respect to each parcel, to be that person or those persons who hold record legal title to such parcel, without regard to any lease, contract to sell, deed to secure debt, or other encumbrance thereon. The owner or owners of each parcel shall be entitled to one vote; provided, however, all contiguous property under the same ownership shall be deemed one parcel. Property divided by a public street, or by a public alley, shall not be deemed contiguous. (f) As used in this section, the owners of business establishments with a place of doing business located within the Downtown Waycross District shall be deemed to be that person or persons to whom a business license has been issued by the City of Waycross for the operation of a business, and who is actually operating a business located within such district. The holder or holders of each such license shall be entitled to one vote. (g) Publication of notice in the official organ of Ware County, Georgia, not later than one week prior to the date of any meeting herein provided for shall be deemed due notice of such meeting to all persons concerned. Section 3. The Downtown Waycross District shall be composed of all that territory embraced within the following description: Territory. All that tract or parcel of land, situate, lying and being in the City of Waycross, Ware County, Georgia, more particularly described as follows: Beginning at a point where the centerline of Francis Street intersects with the centerline of Remshart Street; thence northerly along the centerline of Remshart Street to its intersection with the centerline of Carswell Avenue;

Page 4641

thence westerly along the centerline of Carswell Avenue to its intersection with the centerline of Folks Street; thence northerly along the centerline of Folks Street to its intersection with the southerly boundary of Brunswick Avenue; thence southeasterly along the southerly boundary of Brunswick Avenue to its intersection with the easterly boundary of Pendleton Street; thence southerly along the easterly boundary of Pendleton Street 198.97[UNK] to a point; thence easterly 118.83[UNK] to a point; thence northerly 57.80[UNK] to a point 125.61[UNK] east of the easterly boundary of Pendleton Street; thence northeasterly 103.44[UNK] to a point on the southerly boundary of Brunswick Avenue located 157.49[UNK] from the easterly boundary of Pendleton Street; thence southeasterly along the southerly boundary of Brunswick Avenue to its intersection with the centerline of Alice Street; thence southerly along the centerline of Alice Street to its intersection with the centerline of Carswell Avenue; thence easterly along the centerline of Carswell Avenue to its intersection with the centerline of Plant Avenue; thence southwesterly along the centerline of Plant Avenue to its intersection with the centerline of Francis Street; thence westerly along the centerline of Francis Street to its intersection with the centerline of Remshart Street at the point of beginning. Section 4. (a) The Authority shall be authorized to levy upon all property located within the Downtown Waycross District, except that property used for churches, schools or as owner-occupied dwellings, on January 1 of each year, a tax not to exceed eight mills according to the assessed value of such property for ad valorem taxes levied by the City of Waycross. All taxes levied by the Authority shall become due and payable at the same time as ad valorem taxes levied by the City of Waycross, and delinquent taxes shall bear the same interest and penalties as City of Waycross ad valorem taxes. Tax. (b) The Authority shall have the power to designate areas within the territorial limits of the Downtown Waycross District as special taxing areas, and to levy taxes at a different rate for such taxing areas, in accordance with the kind, character, type and degree of services provided by the Authority within such taxing areas.

Page 4642

(c) The Authority shall have the power to issue executions for taxes and enforce payment of same in the same manner as tax executions for the City of Waycross are issued and enforced. Section 5. (a) The Downtown Waycross District shall have the authority to annex to its territory with unanimous consent of property owners involved any property which has a common boundary with the Downtown Waycross District. Annexation. (b) The Downtown Waycross District may upon petition of 70% of the owners of property and 70% of the owners of businesses, located within a territory, annex that territory into the Downtown Waycross District. Section 6. The Authority shall have the power: (a) To buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to, machinery, apparatus, equipment and utilities useful or desirable in connection therewith, within the Downtown Waycross District; Powers. (b) To receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures; (c) To loan and lease any of its funds and property to private persons and corporations agreeing to operate and expand any commercial or business enterprise or establishment within the Downtown Waycross District, which in the judgment of the governing body of the Authority will be of benefit to the economic improvement and development of said District or area; (d) To borrow money and issue notes, obligations and revenue bonds therefor and to sell, convey, mortgage, pledge and assign any and all of its funds, property and income as security for the payment thereof and interest thereon and to secure the repayment of any such money so borrowed by the terms of the resolution authorizing such financing and to enter into a trust indenture relative thereto;

Page 4643

(e) To appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this Act; (f) To encourage and promote the economic improvement, development and rehabilitation of the Downtown Waycross District and to make long-range plans therefor in co-operation with the planning development of the City of Waycross and Ware County; (g) To accumulate its funds from such tax levy herein authorized from year to year and to invest and reinvest such funds; (h) To designate any of its officers to sign and act for the Authority pertaining to the rights, powers and privileges herein conferred; (i) To do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this Act and the rights, powers and privileges herein conferred; (j) To contract with the City of Waycross for the collection of any taxes levied by the Authority; (k) To adopt such bylaws governing the conduct of the affairs of the Authority and to elect such officers as the Authority shall deem necessary; (l) To exercise all of the powers vested in the Authority by Article VII, Section VII, Paragraph I of the Constitution, as amended by an amendment ratified at the 1974 general election which amendment is set forth in Volume One of the 1974 Laws (Ga. Laws 1974, p. 1764), and all other necessary and ancillary powers necessary to carry out the provisions of said Paragraph as it pertains to the Downtown Waycross Development Authority. Section 7. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of Waycross within the meaning of Article VII, Section VII, Paragraph I of the Constitution, nor a pledge

Page 4644

of the faith and credit of said city nor shall the city be subject to any pecuniary liability thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city. Any bondholder shall have the right to compel the Authority to levy the special tax herein provided for within the limit herein provided to pay the bonds and interest thereon. Bonds. Section 8. The Authority is hereby authorized to issue revenue bonds or obligations from time to time, to carry out the purposes of this Act. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment therein, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution of the governing body of the Authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said Authority in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction, and such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said Authority are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution authorizing the issuance of such bonds shall bind said governing body then in office and its successors thereof, including any covenant to levy taxes within the limits herein provided for the purpose of providing such funds as may be necessary to pay the principal of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that purpose.

Page 4645

Such bonds issued by said Authority shall be validated in the Superior Court of Ware County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. L. 1937, p. 761), as amended. There shall be no limitation upon the amount of revenue bonds or obligations which the Authority may issue. 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 1975 session of the General Assembly of Georgia, a bill to create the Downtown Waycross Development Authority; to provide for the powers, duties and responsibilities of the Authority; to provide the procedures connected with the foregoing; and for other purposes. This 11th day of January, 1975. Harry D. Dixon Representative, 151st District. Frank S. Eldridge Senator, 7th Senatorial District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon who, on oath, deposes and says that he is Representative from the 151st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal Herald which is the official organ of Ware County, on the following dates: January 25, February 1, 8, 1975. /s/ Harry D. Dixon Representative, 151st District.

Page 4646

Sworn to and subscribed before me, this 18th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 25, 1975. CERTAIN COUNTIESINTEREST ON PAST DUE AD VALOREM TAXES INCREASED. (COUNTIES 600,000 OR MORE, CITIES WITHIN 400,000 OR MORE). No. 726 (Senate Bill No. 10). An Act to provide that ad valorem taxes, fees, service charges and assessments due to counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or to those municipalities lying wholly or partially within such a county having a population of 400,000 or more according to the United States Decennial Census of 1970 or any future such census which are not paid when due shall bear interest at the rate of seven (7%) percent per annum on the first $1,000 of such liability and at a rate of interest on the amount of such liability which exceeds $1,000 equal to seven (7%) percent per annum plus an additional one (1%) percent per annum for each month that such liability remains unpaid, with a maximum rate on such excess of twelve (12%) percent per annum, to accrue on such liabilities from the date the same become due until paid in full; to provide that such additional rate of interest shall not apply to amounts determined to be owed pursuant to a good faith arbitration, equalization or other similar proceeding; to provide that separate determinations of such rate of interest shall be made with respect to taxes owed to separate taxing jurisdictions; to provide that separate determinations of such

Page 4647

rate of interest shall be made as to each parcel of property owned by a taxpayer; to provide that execution shall issue therefore; to provide for an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any other law of this State to the contrary notwithstanding, all ad valorem taxes, fees, service charges and assessments owed by any taxpayer to each county in this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or to each municipality lying wholly or partially within such county having a population of 400,000 or more according to the United States Decennial Census of 1970 or any future such census which are not paid when due shall bear interest at the following rates until paid: (a) Seven (7%) percent per annum on the total amount of any such taxes, fees, service charges or assessments which are not paid when due; (b) An additional rate of interest on the amount of such taxes, fees, service charges and assessments which exceed $1,000 equal to an additional one (1%) percent per annum for each full calendar month which elapses between the date such service charges, fees and assessments first become due and the date on which they are paid in full; provided, however, that the total rate of interest determined under this Act shall not exceed twelve (12%) percent per annum; provided further, however, that such additional rate of interest shall not apply to amounts determined to be owed by a taxpayer pursuant to any arbitration, equalization, or similar proceeding, if brought in good faith by the taxpayer, and if the taxpayer shall have previously paid to the county or municipality the amount of such liability which was not in dispute. Such rates of interest shall be determined on the date such amounts are paid in full and interest at the rate so

Page 4648

determined shall accrue on such taxes, fees, service charges or assessments from the date on which any such amount, or installment thereof, first became due and payable until the date on which such amount, or installment thereof, is paid in full. Determination of such rates of interest shall be made separately as to amounts owed by a taxpayer to separate taxing jurisdictions, and such determination shall be made separately as to each parcel of property owned by a taxpayer. Section 2. The tax collectors or tax commissioners or governing authority of any such county or municipality shall issue executions against such taxpayer owing such taxes, fees, service charges or assessments together with interest thereon as provided in this Act when the same become delinquent. Section 3. This Act shall become effective on April 1, 1975, and shall apply to any such tax, fee, service charge or assessment which becomes due and payable on or after the effective date of this Act. Effective date. 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. Approved April 25, 1975.

Page 4649

EVANS COUNTY SUPERIOR COURTTERMS CHANGED. No. 731 (Senate Bill No. 87). An Act to amend an Act fixing the terms of the Superior Court of Evans County, approved August 8, 1919 (Ga. L. 1919, p. 116), so as to change the provisions relative to such terms; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the terms of the Superior Court of Evans County, approved August 8, 1919 (Ga. L. 1919, p. 116), is hereby amended by striking section 2 thereof in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted that the two terms of the Superior Court of Evans County shall be held on the first Monday in February and the first Monday in October of each year. Terms. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 25, 1975. CITY OF ATLANTACHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 732 (Senate Bill No. 218). An Act to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), 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:

Page 4650

Section 1. An Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is hereby amended by inserting, following section 1-105 thereof, a new section to be known as section 1-106, to read as follows: Section 1-106. Notwithstanding any provision of this Act or of any other law, there is hereby excluded from the corporate limits of the City of Atlanta the following described property: `All that tract or parcel of land lying and being in the 14th District of formerly Fayette, now Fulton County, Georgia, and being more particularly described as follows: BEGINNING at a point 300 feet northeast of the northwest corner of Fulton Industrial Boulevard and Airport Drive; thence in a northeasterly direction along the right-of-way line of Fulton Industrial Boulevard approximately 4,050 feet to the southern right-of-way of Sandy Creek Road; thence west along said right-of-way approximately 2,450 feet to the western line of Land Lot 17 of the 14 F. F. District; thence south along the western line of Land Lot 16 approximately 1,650 feet to the northeast line of the Airways Motel property; thence southeast along said line approximately 250 feet to the point of beginning.' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1975 session of the General Assembly of Georgia, a bill to amend an Act reincorporating the City of Atlanta in Fulton and DeKalb Counties and providing a new charter for said City, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to change the provisions relative to the corporate limits of said City; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority,

Page 4651

duly authorized to administer oaths, Jack L. Stephens who, on oath, deposes and says that he is Senator from the 36th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 3, 10, 17, 1975. /s/ Jack L. Stephens Senator, 36th District Sworn to and subscribed before me, this 10th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 25, 1975. FULTON COUNTY CIVIL COURTCOST DEPOSIT CHANGED. No. 733 (Senate Bill No. 221). An Act establishing a Municipal Court of the City 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 April 10, 1971 (Ga. L. 1971, p. 3802), so as to change the cost deposit requirement, and the costs charged by the clerk and marshal of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a Municipal Court of the City of Atlanta, now the Civil Court of Fulton County, approved August 20, 1913 (Ga. L. 1913, p. 145), as amended,

Page 4652

particularly by an Act approved April 10, 1971 (Ga. L. 1971, p. 3802), is hereby amended by striking section 44 in its entirety and by inserting in lieu thereof a new section 44, to read as follows: Section 44. Each party filing a suit and proceeding of any character, except a garnishment or Proceeding Against Tenant Holding Over in the Civil Court of Fulton County shall deposit with the clerk of said court at the time of filing or commencing such proceeding the sum of seven ($7.00) dollars plus three ($3.00) dollars for each defendant more than one, provided, however, when the principal amount involved is more than one hundred ($100.00) dollars and not more than three hundred ($300.00) dollars the deposit shall be thirteen ($13.00) dollars plus three ($3.00) dollars for each defendant more than one, and provided further, however, when the principal amount involved is more than three hundred ($300.00) dollars, the deposit shall be sixteen ($16.00) dollars plus three ($3.00) dollars for each defendant more than one. And each party filing a garnishment proceeding shall deposit with the clerk of said court at the time of filing or commencing a garnishment proceeding, the sum of six ($6.00) dollars plus four ($4.00) dollars for each summons more than one, provided, however, where the principal amount involved is more than one hundred ($100.00) dollars and not more than three hundred ($300.00) dollars, the deposit shall be eleven ($11.00) dollars plus four ($4.00) dollars for each summons more than one, and provided further, however, when the principal amount involved is more than three hundred ($300.00) dollars, the deposit shall be fourteen ($14.00) dollars plus four ($4.00) dollars for each summons more than one. And each party filing a Proceeding Against Tenant Holding Over shall deposit with the clerk of said court at the time for filing or commencing a proceeding the sum of thirteen ($13.00) dollars plus three ($3.00) dollars for each defendant more than one. Provided, however, that such aforesaid deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same. The aforesaid deposit shall be a security deposit to insure the payment

Page 4653

of the court cost of such proceeding. If the court cost is recovered from the losing party, the aforesaid deposit shall be refunded to the party making the deposit. And that, upon the tenth day of each succeeding month, the Board of Commissioners of Roads and Revenue of Fulton County shall pay over unto the publisher of the newspaper which publishes legal notices for the Sheriff of Fulton County a publication subsidy in the sum of three hundred fifty ($350.00) dollars per week for each week in which the said newspaper publishes the calendars of the said court during preceding month, as compensation for the printing and publication of the said calendars. Section 2. Said Act is further amended by striking section 49 in its entirety and by inserting in lieu thereof a new section 49, which shall read as follows: Section 49. Costs shall be charged and collected by the clerk and marshal of said court as follows: CLERK Except as hereinafter provided, the total cost, including the first judgment and fi. fa., for all suits or proceedings of any character, except garnishment and Proceeding Against Tenant Holding Over, irrespective of how they shall be terminated shall be seven ($7.00) dollars plus three ($3.00) dollars for each defendant more than one, provided, however, when the principal amount involved is more than one hundred ($100.00) dollars and not more than three hundred ($300.00) dollars, the cost shall be thirteen ($13.00) dollars plus three ($3.00) dollars for each defendant more than one, and provided further, however, when the principal amount involved is more than three hundred ($300.00) dollars, the cost shall be sixteen ($16.00) dollars plus three ($3.00) dollars for each defendant more than one. The total cost, except as hereinafter provided, for a garnishment proceeding, irrespective of how it shall be terminated, shall be six ($6.00) dollars plus four ($4.00) dollars for each summons more than one, provided, however, where the principal amount involved is more than one

Page 4654

hundred ($100.00) dollars and not more than three hundred ($300.00) dollars, the cost shall be eleven ($11.00) dollars plus four ($4.00) dollars for each summons more than one, and provided further, however, when the principal amount involved is more than three hundred ($300.00) dollars, the cost shall be fourteen ($14.00) dollars plus four ($4.00) dollars for each summons more than one. The total cost, except as hereinafter provided, for a Proceeding Against Tenant Holding over, irrespective of how it shall be terminated, shall be thirteen ($13.00) dollars plus three ($3.00) dollars for each defendant more than one. In addition to the foregoing costs, the clerk of said court shall charge and collect as follows: For issuing scire facias each defendant including service $ 3.00 For each verdict rendered more than one and docketing same $ 1.00 For each judgment more than one and docketing same $ 3.00 For affidavit to obtain alis fi. fa. $.50 For each motion for a new trial and docketing same $ 1.00 For taking and approving supersedeas bond $ 1.00 For answering each writ of certiorari $ 3.00 For filing and docketing each appeal to the Appellate Division, including filing all briefs $ 3.00 For each motion for a judgment notwithstanding the verdict and docketing same $ 1.00 For entering judgment or remittitur from Court of Appeals or Supreme Court $ 3.00 For exemplifications of records, per hundred words $.30 For affidavit where no cause is pending $.50 For certificate and seal of court $ 1.00 For certified copy under Code section 38-627 $ 2.50 For filing and docketing each traverse to answer of garnishment including service $ 3.00 Provided, however, that the clerk shall be required to file a traverse to answer of garnishment unless the cost is paid at the time of filling.

Page 4655

MARSHAL For search and return of nulla bona, except in foreclosures and attachments $ 1.00 For each arrest in civil cases $ 1.50 For each commitment in civil case and entering same $ 1.00 For each levy or seizure, except in foreclosures, attachments and trovers $ 1.00 For taking and approving bond in any civil case $ 1.00 For settling fi. fa. before sale of property $ 1.00 For advertising personal property for sale $ 1.00 For settling fi. fa. from another court $ 1.00 For backing fi. fa. from another court $.50 For marshal's deed to realty or bill of sale to personalty $ 1.75 For serving subpoena $.50 For serving second original process $ 8.00 Provided, however, where the amount involved is more than $ 100.00, the marshal will be authorized to charge twice the above listed amounts of the service indicated. For commission on sale of personal property from $ 1.00 to $ 100.00 6% All over $ 100.00 2% For commission on sale of real estate from $ 1.00 to $ 50.00 5% from $ 51.00 to $ 550.00 2% All over $ 550.00 1% For removing and/or storing property and keeping and feeding animals. The actual expense incurred after authorization by the court. COSTS IN CRIMINAL CASES For each warrant including affidavit $ 2.50 For docketing each warrant $.75 For arrest $ 6.00 For return of officer $ 1.00 For keeping prisoner per diem $ 1.75 For taking bond $ 4.00 For taking testimony $ 2.50 For order requiring statutory bond in bastardy case $ 1.00 For order of commitment or discharge or dismissal $ 1.00 For issuing commitment $.75 For entering any order $ 1.00 For docketing any order $.75 For motion to withdraw or dismiss warrant $ 1.00 For docketing same $.75 For deputy marshal in attendance $ 1.00 For certified copy of warrant $ 1.50 For certified copy under Code section 38-627 $ 2.50 For issuing each search warrant $ 3.00 For executing search warrant $ 3.50.

Page 4656

Section 3. This Act shall become effective May 1, 1975. Effective date. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention of Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1975 Session of the General Assembly of Georgia an Act to amend an Act establishing a Municipal Court of the City of Atlanta (now the Civil Court of Fulton County), approved August 20, 1913 (Ga. L., 1913, p. 145), as amended, and for other purposes. This 13th day of January, 1975. John Tye Ferguson Webb, Parker, Young Ferguson Attorneys for Fulton County Georgia, Fulton County Before me, the undersigned, a Notary Public, this day personally came Frank Kempton, who, being first duly

Page 4657

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 January, 1975. /s/ Frank Kempton Subscribed and sworn to before me, this 31st day of January, 1975. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 15, 1975. (Seal). Approved April 25, 1975. BLECKLEY COUNTYCOMMISSIONERSEXPENSES CHANGED. No. 738 (Senate Bill No. 344). An Act to amend an Act creating the Office of Commissioner of Bleckley County, approved August 18, 1913 (Ga. L. 1913, p. 345), as amended, particularly by an Act approved August 17, 1918 (Ga. L. 1918, p. 400), an Act approved March 20, 1963 (Ga. L. 1963, p. 2387), an Act approved March 31, 1967 (Ga. L. 1967, p. 2381), and an Act approved April 23, 1969 (Ga. L. 1969, p. 3387), so as to change certain provisions relating to the expenses 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 Bleckley County, approved August 18, 1913 (Ga. L. 1913, p. 345), as amended, particularly by an Act approved August

Page 4658

17, 1918 (Ga. L. 1918, p. 400), an Act approved March 20, 1963 (Ga. L. 1963, p. 2387), an Act approved March 31, 1967 (Ga. L. 1967, p. 2381), and an Act approved April 23, 1969 (Ga. L. 1969, p. 3387), is hereby amended by striking subsection (a) of section 9 in its entirety and substituting in lieu thereof a new subsection (a), to read as follows: (a) The Commissioner of Bleckley County and his successors in office shall receive eight thousand ($8,000.00) dollars per annum, payable in equal monthly installments, plus an allowance for expenses incurred in the performance of the duties as commissioner in an amount not to exceed fifty dollars ($50.00) per month. The salary and expense allowance herein provided shall be the total compensation to be received by the Commissioner of Bleckley County and said sums shall be paid to the commissioner by the fiscal authority of said county from the funds of Bleckley County on a semi-monthly or monthly basis as may be determined by said commissioner; provided, that the payment of such expense allowance shall be made only upon receipt of an itemized accounting of such expenses. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal I intend to introduce a bill in the coming legislature in regards to the expense account of the Bleckley County Commissioner. Senator Pete McDuffie Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. M. Pete

Page 4659

McDuffie who, on oath, deposes and says that he is Senator from the 19th 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: January 22, 29, and February 5, 1975. /s/ E.M. Pete McDuffie Senator, 19th District Sworn to and subscribed before me, this 25th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 25, 1975. CITY OF POWDER SPRINGSCHARTER AMENDEDCORPORATE LIMITS REDEFINED. No. 739 (Senate Bill No. 363). An Act to amend an Act providing for a new charter for the City of Powder Springs, Georgia, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3425), so as to redefine 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 providing for a new charter for the City of Powder Springs, Georgia, approved March 13, 1970 (Ga. L. 1970, p. 2760), as amended, particularly by an Act approved March 25, 1974 (Ga. L. 1974, p. 3425), is hereby amended by striking section 1.02 in its entirety, and substituting

Page 4660

in lieu thereof a new section 1.02, to read as follows: Section 1.02. Corporate Boundaries. The corporate limits of the City of Powder Springs shall be defined, located and described as follows: TRACT I Beginning at a point where the South line of Land Lot 951 intersects the Western right of way of Brownsville Road; thence in a Northeasterly direction along the western right of way of said road 3220 feet more or less to the intersection of the center line of Powder Creek with the Northwestern right of way of Brownsville Road; thence in a Northeasterly direction 1040 feet more or less to a point location on the Northern right of way of Highway 278; thence in a South-easterly direction along said right of way 800 feet more or less to the center line of a creek; thence in a northerly and northeasterly direction 230 feet more or less to a point where the center line of said creek intersects the northeast right of way of Jackson Way; thence in a northwesterly direction 50 feet more or less to the intersection of the northeast right of way of Jackson Way and the Northwest right of way of Old Lost Mountain Road; thence in a northeasterly direction along the northwestern right of way of Old Lost Mountain Road 1730 feet more or less to a point where said right of way intersects the north land lot line of Land Lot 827; thence in an easterly direction along the northern land lot lines of Land Lot 827 and 828, 1350 feet more or less to the land lot line of 828; thence in a northerly direction along the west line of land lot 800, 755 and 726, 2792.9 feet more or less south of the intersection of the west land lot line of land lot 726 and the southern right of way of Macedonia Road; thence in a southeasterly direction along the northeastern property line of lots 11 and 12 of Springville Estates Subdivision 409.7 feet more or less; thence in a northerly direction 490 feet more or less to the northeastern right of way of Macedonia Road; said point being located 400 feet more or less southeasterly of the intersection of the northern right of way of Macedonia Road and the

Page 4661

west line of land lot 726; thence southeasterly along said right of way 370 feet more or less to a point; thence in a northerly direction 183.9 feet more or less; thence in a northwesterly direction 790 feet more or less to a point on the west line of land lot 726; thence northerly along said land lot line 513.36 feet more or less to the northwest corner of land lot 726; thence east along the north line of land lot 726, 1097.92 feet more or less to a point; thence in a southerly direction 209 feet more or less; thence in a easterly direction 259 feet more or less to a point on the eastern right of way of New Macland Road; thence southerly along said right of way 209 feet more or less to a point; thence westerly across Macland Road and continuing 259 feet more or less to a point; thence in a southerly direction 745 feet more or less to a point; thence south 81 degrees 53 minutes east 9 feet more or less; thence south 05 degrees 41 minutes east 8.29 feet more or less; thence in a northwesterly direction 271 feet more or less; thence in a southerly direction 260 feet more or less to a point on the southwest right of way of Macedonia Road; thence northwesterly along said right of way 80 feet more or less; thence in a southwesterly direction 237 feet to a point; thence in a southeasterly direction 370 feet more or less; thence southeasterly 360 feet more or less to a point; thence east 219.60 feet more or less to a point on the west right of way of New Macland Road; thence in a northerly direction along said right of way 597 feet more or less to the intersection of the west right of way of Macland Road and the southern right of way of Macedonia Road; thence diagonally in a northeasterly direction across Macland Road to the intersection of the eastern right of way of Macland Road and the Northwestern right of way of Macedonia Road; thence in a northeasterly direction along the northwestern right of way of Macedonia Road 255 feet more or less to a point; thence in a southeasterly direction 235 feet more or less to a point located on the south line of land lot 725; thence east along the south land lot lines of land lot 725 and 724, 2225 feet more or less to the southeast corner of land lot 724; thence north along the west line of land lot 723 and 68 2645 feet to the northwest corner of land lot 684; thence east along the north land lot line of land lot 684, 1380 feet more or less to the

Page 4662

northeast corner of land lot 684; thence south along the east line of land lot 684, 450 feet more or less to a point where the center line of Wild Horse Creek intersects said land lot line; thence in a southeasterly direction following the center line of the meanderings of the creek 1430 feet more or less to the intersection of the center line of said creek with the northwestern right of way of Macedonia Road; thence northeasterly and diagnally 585 feet to a point at the intersection of the eastern right of way of Hopkins Road and the southeastern right of way of Macedonia Road; thence southwesterly along the eastern right of way of Hopkins Road 200 feet more or less; thence southwesterly 460 feet more or less to the center line of Wild Horse Creek, said point being located 250 feet more or less from the intersection of the southeast right of way of Macedonia Road and the center line of Wild Horse Creek; thence in a southeasterly direction along center line of Wild Horse Creek 950 feet more or less to the intersection of said creek with the east line of land lot 722; thence south along the east line of 722 and 759, 1325 feet more or less to the southeast corner of land lot 759; thence easterly along the south line of land lot 759, 135 feet more or less to a point; thence southeasterly 160 feet to the center line of Wild Horse Creek; thence southeasterly along said creek 460 feet to a point; thence south 830 feet to a point on the south line of land lot 759; thence east along the south line of land lot 795, 400 feet to a point on the easterly side of Hopkins Road; thence easterly along the southeasterly side of Hopkins Road, 510 feet more or less to a point; thence northwesterly 201.13 feet to a point thence south a distance of 1065 feet to a point on the south land lot line of 834; thence east along the south land lot line of land lot 834, 150 feet to a point on the east right of way of Hopkins Road; thence south along the east right of way of Hopkins Road for a distance of 950 feet to the north right of way of Powder Springs Road (SR 5); thence westerly of north right of way of said Powder Springs Road for a distance of 50 feet to the west right of way of Hopkins Road; thence north along west right of way of Hopkins Road, 200 feet to a point; thence westerly 100 feet to a point; thence south 200 feet to a point on the north right of way of Powder

Page 4663

Springs Road (SR 5); thence easterly along north right of way of Powder Springs Road, 100 feet to a point and the west right of way of Hopkins Road; thence south across Powder Springs Road, 70 feet to the south right of way of Powder Springs Road; thence westerly along the south right of way of Powder Springs Road, 480 feet to a point; thence northerly 590 feet to a point; thence north parallel to the east line of land lot 870, 250 feet to a point; thence northwesterly and parallel to the north land lot line of 870, 399.88 feet to a point; thence north parallel with the east line of land lots 833 and 796, 2787.48 feet to a point on the north line of land lot 796; thence west along the north line of land lot 796, 920 feet to the northwest corner of said land lot; thence south along the west land lot line of said land lot 796, 430 feet more or less to a point; thence west parallel with the north land lot line of land lot 797, 639.10 feet more or less; thence south parallel with the west land lot line of land lot 797, 944.60 feet to the south line of said land lot; thence continuing south and parallel with the west line of land lot 871, 766.8 feet more or less to the south side of Powder Springs Road; thence following the curvature of Powder Springs Road 760.31 feet to the intersection of said road with the east land lot line of land lot 872; thence south along said land lot line 150 feet to a point on the southerly right of way of the Seaboard Airline right of way Railroad; thence southeasterly along said railroad 1574.50 feet to a point on the east land lot line of land lot 906; thence south along the east line of said land lot 906 to a point; thence due East parallel with Sharon Drive 1001 feet more or less to a point; thence due south 250 feet to a point on the south side of Sharon Drive; thence west along the south side of Sharon Drive 1001 feet to a point at the southeast corner of land lot 906; thence south along the east land lot line of land lot 945, 398 feet to a point on said land lot line; thence east 430 feet to a point; thence south 25 degrees 00 minutes west 450 feet to a point, said point being located 210 feet east of the west land lot line of land lot 944; thence due east 60 feet to a point; thence south 255 feet to a point on the south side of Sharon Drive; thence West 255 feet to a point on the West line of Land Lot 944; thence North along the West line of Land Lot 944, 430 feet

Page 4664

to a point; thence due West 230 feet to a point; thence due South 430 feet to a point on the South side of Sharon Drive; thence West along the Southeast side of said drive 200 feet to a point; thence due North 480 feet to a point; thence West and parallel with Sharon Drive for a distance of 940 feet to a point; thence North and parallel with the West line of Land Lot 945, 650 feet to a point located on the North line of Land Lot 945; thence West along the North line of Land Lots 945 and 946, 935 feet to a point; thence South 11 degrees 00 minutes East 270 feet to a point; thence South 45 degrees 00 minutes West 85.7 feet to a point; thence South 38 degrees 00 minutes East 100 feet to a point; thence North 73 degrees 00 minutes East 370 feet to a point on the East side of Austell Highway #278; thence Southerly along the East side of said road 385 feet to a point; thence East 422.3 feet to the East line of Land Lot 946; thence South along said Land Lot line 286.8 feet to a point; thence Northwesterly 365 feet to a point on the East side of Highway #278; thence Southeasterly along the East side of Highway #278, 180 feet to a point; thence due West 250 feet to a point on the West side of Old Austell Road; thence Northerly along said right of way 1420 feet more or less to a point where said road intersects with the North line of Land Lot 947; thence West along said Land Lot line 670 feet to a point; thence South 27 degrees 00 minutes East 1080 feet to a point; thence due West 791 feet to a point; thence due North 950 feet to a point on the North line of Land Lot 947; thence West 340 feet to the Northwest corner of Land Lot 947; thence South along the West line of Land Lot 947, 240 feet to a point; thence due West and following the curvature of Compton Circle 1250 feet to a point on the North line of Land Lot 948; thence West along the North line of Land Lots 948, 949, and 950, 1800 feet to a point on the center line of Powder Creek; thence Northerly following the meanderings of said creek a distance of 850 feet more or less; thence due South and parallel with the West line of Land Lots 901 and 950, 2273.72 feet to a point on the South Land Lot line of Land Lot 950; thence West along the South line of Land Lot 950, 684 feet to the Southwest corner of Land Lot 950; thence continuing West along

Page 4665

the South line of Land Lot 951, 1059.90 feet to a point, said point being the Point of Beginning. TRACT II Beginning at the Southeasterly intersection of Hopkins Road and the center line of Wild Horse Creek; thence following the curvature of Hopkins Road 2592.4 feet to a point; thence Southwesterly 250 feet to a point; thence Southeasterly parallel with Hopkins Road 700 feet to a point; thence due South 645 feet to a point at the centerline of Wild Horse Creek; thence Southeasterly following the meanderings of said creek 950 feet to the Point of Beginning. TRACT III Beginning at a point on the North line of Land Lot 793, 150 feet West of the Northeast corner of said land lot; thence West along the North line of Land Lots 793 and 794 and 795, a distance of 2561 feet to a point; thence South 23 degrees 00 minutes East 1422.47 feet to a point on the South Land Lot line of Land Lot 794; thence East along the South line of Land Lots 794 and 793 and a distance of 1216.84 feet to the center line of Noses Creek; thence Northeasterly and following the meanderings of Noses Creek 1560 feet more or less to the Point of Beginning. TRACT IV Beginning at a point on the Southwesterly right of way of Hopkins Road 340 feet Southeasterly of the North line of Land Lot 760; thence Northeasterly 250 feet to a point; thence Southeasterly 100 feet to a point; thence Southwesterly 250 feet to the Southwest side of Hopkins Road; thence Northwesterly along said road 100 feet to the Point of Beginning. TRACT V Beginning at the Southwest intersection of Macedonia and New Macland Road; thence North along the West side of

Page 4666

New Macland Road 270 feet to a point; thence Northwesterly 249.94 feet to a point; thence South 265.9 feet to a point on the South side of Macedonia Road; thence East along said road 197.3 feet to the Point of Beginning. TRACT VI Beginning at a point where the East side of New Macland Road intersects the South line of Land Lot 682; thence West along said land lot line 250 feet to a point; thence North and parallel to New Macland Road 410 feet to a point; thence East 250 feet to a point on the East side of said road; thence South along said road 410 feet to the Point of Beginning. TRACT VII Beginning at a point on the East side of New Macland Road 510 feet North of the South line of Land Lot 682; thence West 250 feet to a point; thence North and parallel to New MacLand Road 200 feet to a point; thence East 250 feet to a point on the East side of said road; thence South along the East side of said road 200 feet to the Point of Beginning. TRACT VIII Beginning at a point where the South side of Macedonia Road intersects the East line of Land Lot 725; thence East along the South side of said road 200 feet to a point; thence due North 960 feet to a point; thence due East 50 feet to a point; thence due North 750 feet to a point; thence due West 250 feet to a point on the East line of Land Lot 682; thence North along the East line of Land Lot 682, 260 feet to a point located at the Northeast corner of Land Lot 682; thence West along the North line of said Land Lot, 1400 feet to a point located on the West side of New Macland Road; thence North along the West side of said road 285 feet to a point; thence West 200 feet to a point; thence due South and parallel with New Macland Road 750 feet to a point; thence East 250 feet to a point on the East side of said road; thence due East 600 feet to a point; thence due

Page 4667

South 750 feet to a point on the South side of Macedonia Road; thence Northeasterly along the Northerly side of Macedonia Road 900 feet to the Point of Beginning. TRACT IX Beginning at a point on the East side of New Macland Road where said road intersects with the North line of Land Lot 652; thence West along said North land lot line 250 feet to a point; thence South and parallel to New Macland Road 640 feet to a point; thence East 250 feet to the East side of said road; thence North along the East side of said road 640 feet to the Point of Beginning. TRACT X Hopkins Road (50 foot right of way) BEGINNING at the South right of way of Macedonia Road in Land Lot 722 and extending Southward to its point of intersection with Powder Springs Road (SR #5) in Land Lot 869. Powder Springs Road (SR #5) (100 foot right of way) BEGINNING at the Point of intersection with the East right of way of Hopkins Road in Land Lot 869 and extending Westward to a point 400 feet East of the West Land Lot line of Land Lot 876. New Macland Road (SR #176) (80 foot right of way) BEGINNING at its point of intersection with the North right of way of Marietta Street (SR #5 and US #278) and extending Northward to a point on North Land Lot line of Land Lot 652. TRACT XI All that tract or parcel of Land lying and being in Land Lots 721, 760, 761 and 762 of the 19th District, 2nd Section, Cobb County, Georgia, and being shown on plat of survey for Valley Forge Corporation by Metro Engineering and Surveying Co., Inc., dated October 3, 1972, and being more particularly described as follows: Beginning at an iron pin located on the Southerly side of

Page 4668

the right of way of Macedonia Road a distance of 195.0 feet Easterly from the intersection of the Easterly side of the right of way of Hopkins Road with the Southerly side of Macedonia Road; thence running North 87 degrees 15 minutes East along the Southerly side of the right of way of Macedonia Road a distance of 1,060.7 feet to an iron pin located on the East land lot line of Land Lot 721; thence running South 02 degrees 25 minutes East along the East land lot line of Land Lot 721 a distance of 1,295.6 feet to an iron pin located at the South East corner of Land Lot 721; thence running North 89 degrees 29 minutes East along the North land lot line of Land Lot 761 a distance of 508.0 feet to an iron pin and corner; thence running South 00 degrees 57 minutes West a distance of 535.0 feet to an iron pin and corner; thence running South 18 degrees 02 minutes East a distance of 109.0 feet to an iron pin and corner; thence running North 89 degrees 39 minutes East a distance of 2,169.1 feet to an iron pin located on the East land lot line of Land Lot 762; thence running South 00 degrees 21 minutes East along the East land lot line of Land Lot 762 a distance of 660.0 feet to an iron pin located at the South East corner of Land Lot 762; thence running South 89 degrees 39 minutes West along the South land lot lines of Land Lots 762, 761 and 760 a distance of 2,806.1 feet to an iron pin and corner; thence running North 40 degrees 55 minutes West a distance of 541.1 feet to an iron pin; thence running North 22 degrees 11 minutes West a distance of 516.1 feet to an iron pin; thence running North 26 degrees 06 minutes West a distance of 738.1 feet to an iron pin; thence running North 21 degrees 54 minutes West a distance of 546.7 feet to an iron pin; thence running North 07 degrees 30 minutes East a distance of 488.8 feet to an iron pin located on the Southerly side of the right of way of Macedonia Road and the Point of Beginning. TRACT XII Beginning at the Northeast corner of Land Lot 762, thence running South 01 degrees 36 minutes West for a distance of 666.9 feet to the property of American Developers, Inc.; thence running North 89 degrees 43 minutes West along

Page 4669

the property of American Developers, Inc. for a distance of 1,413.1 feet to a point and corner; thence continuing along the North side of American Developers, Inc.'s property in a Westerly direction for a distance of 520.8 feet to a point and corner; thence running North 2 degrees 18 minutes West for a distance of 646.1 feet to an iron pin; thence running North 88 degrees 52 minutes East for a distance of 555.6 feet to an iron pin and corner; thence running South 0 degrees 1 minutes East for a distance of 68.3 feet; thence running South 88 degrees 41 minutes East for a distance of 170.7 feet; thence running North 2 degrees 11 minutes west for a distance of 72.2 feet; thence running North 89 degrees 59 minutes East for a distance of 1,225 feet to an iron pin and corner and the Point of Beginning.' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1975 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 27th day of December, 1974. Joe L. Thompson Roy E. Barnes Haskew Brantley Senators George H. Kreeger Ken Nix A. L. Burruss Joe Mack Wilson G. Robert Howard Bill Cooper Chuck Edwards Carl Harrison Representatives

Page 4670

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy Barnes who, on oath, deposes and says that he is Senator from the 33rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which is the official organ of Cobb County, on the following dates: January 24, 31, and February 7, 1975. /s/ Roy Barnes Senator, 33rd District Sworn to and subscribed before me, this 28th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. Approved April 25, 1975. CITY OF MARIETTACHARTER AMENDEDCIVIL SERVICES BOARD MEMBERSHIP CHANGED, ETC. No. 740 (Senate Bill No. 381). An Act to amend an Act providing for a new charter for the City of Marietta, Georgia, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, particularly by an Act approved February 7, 1952 (Ga. L. 1952, p. 2246), and particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 2353), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3412), so as to extend the corporate limits of said city; to change the provisions relating to membership on the Civil Service Board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 4671

Section 1. An Act providing for a new charter for the City of Marietta, Georgia, approved August 15, 1904 (Ga. L. 1904, p. 519), as amended, particularly by an Act approved March 23, 1972 (Ga. L. 1972, p. 2353), and an Act approved March 25, 1974 (Ga. L. 1974, p. 3412), is hereby amended by adding after section 2-M a new section, to be known as section 2-0, to read as follows: Section 2-0. In addition to that territory presently embraced within the corporate limits of the City of Marietta, Georgia, the following parcel of land shall be included within the corporate limits of said city: All that tract or parcel of land lying and being in Land lots 651 and 652, 17th District, 2nd Section, Cobb County, and more particularly described as follows: Beginning at an iron pin found at the corner common to said Land Lot 651 and Land Lots 646, 647 and 650 of said District, and running thence south 89 degrees 57 minutes east along the line separating said Land Lots 650 and 651 a distance of 276.7 feet to an iron pin found at the intersection of said Land Lot line with the southwest line of the right of way of Interstate Highway No. 75 (a 300 foot right of way); running thence south 53 degrees 29 minutes 30 seconds east along the southeast line of said right of way a distance of 1237 feet to a northwest corner of the property now or formerly owned by William P. Ramsden; running thence south 0 degrees 14 minutes east along the west line of said Ramsden property a distance of 20 feet more or less to the center line of a creek; running thence northwesterly along the centerline of said creek, and following the meanderings thereof, a distance of 440 feet more or less to a northwest corner of said Ramsden property; running thence south 0 degrees 43 minutes 30 seconds west along the west line of said Ramsden property a distance of 740 feet, more or less; continuing south 1 degree 6 minutes east along the west line of said Ramsden property a distance of 285 feet to a point; running thence south 34 degrees 9 minutes 30 seconds east along the west line of said Ramsden property a

Page 4672

distance of 264.8 feet to the center of a 20 foot driveway easement; running thence south 68 degrees 57 minutes 30 seconds west along said center line a distance of 450 feet to a railroad spike found on the north east line of the right of way of Franklin Road (a 50 foot right of way); running thence north 65 degrees 5 minutes 30 seconds west along the northeast line of said right of way of Franklin Road a distance of 769.2 feet to an iron pin found at the intersection of the northeast line of said right of way of Franklin Road with the line separating said Land Lot 652 and Land Lot 645 of said District; running thence due north along said land lot line a distance of 368.2 feet to an iron pin found at the corner common to said Land Lots 645, 646, 651 and 652; running thence north 0 degrees 6 minutes 30 seconds west along the line separating said Land Lots 646 and 651 a distance of 1300.4 feet to the iron pin found at the point of beginning, being 38.31 acres. Section 2. Said Act is further amended by adding after section 2-0 a new section, to be known as section 2-P, to read as follows: Section 2-P. In addition to that territory presently embraced within the corporate limits of the City of Marietta, Georgia, the following parcels of land shall be included within the corporate limits of said city: Tract No. 1 All that tract or parcel of land lying and being in Land Lot 1211, 16th District, 2nd Section, Cobb County, Georgia, and being part of Lot 68 and all of Lot 67 of the H. C. Lassiter Subdivision as shown by plat thereof by J. P. Phillips, C. E., dated October 3, 1945, and recorded in Plat Book 6, Page 99, Cobb County Records, and being more particularly described as follows: Beginning at the southeast corner of Lot 67 of said subdivision; thence northwest along the northeast side of Halsey Drive, 65 feet to the southwest corner of said Lot 67; thence continuing northwest along the northeast side of Halsey

Page 4673

Drive, 5 feet to a point on the existing Marietta City limit line; thence northwest along the existing city limit line, 120 feet to a point on the southeast side of Gresham Avenue; thence northeast along the southeast side of Gresham Avenue, 40 feet to the northwest corner of Lot 69 of said subdivision; thence southeast along the southwest side of Lot 69, 60 feet to the southwest corner of Lot 69; thence east along the north side of Lot 67, 73 feet to the northeast corner of Lot 67; thence southwest along the southeast side of Lot 67, 103.5 feet to a point on the northeast side of Halsey Drive and the point of beginning. Tract No. 2 All that tract or parcel of land lying and being in Land Lots 76 and 141, 17th District, 2nd Section, Cobb County, Georgia, as per plat of survey made by Robert T. Weaver, dated April 6, 1971, and being more particularly described as follows: Beginning at an iron pin on the south side of Chestnut Hill Road's 50 foot right of way, which is 150 feet from the intersection of the south side of Chestnut Hill Road's right of way with the east side of Hickory Drive's right of way and which is the northeast corner of Lot 41 of Kings Mountain South Subdivision, and running thence easterly and northeasterly along the southerly and southeasterly side of Chestnut Hill Road's right of way, 120 feet to an iron pin; running thence southeasterly, 408.8 feet to an iron pin; running thence westerly 164.8 feet to an iron pin on the east side of Lot 40 of said subdivision; running thence northerly along the easterly side of said Lot 40, 119, feet to an iron pin at the northeast corner of said Lot 40; running thence westerly along the north line of said Lot 40, 50 feet to an iron pin at the southeast corner of Lot 41 of said subdivision; running thence northwesterly along the northeasterly side of said Lot 41, 228.3 feet to the iron pin at the point of beginning. Tract No. 3 All that tract or parcel of land lying and being in Land Lot 997, 16th District, 2nd Section, Cobb County, Georgia,

Page 4674

and being property shown on plat of survey prepared for John E. Livaditis by R. Dan Lord, Surveyor, dated June 28, 1963, which is more particularly described as follows: Beginning at an iron pin at the northwest corner of said Land Lot and running thence south along the west original line of said Land Lot, 1576.8 feet to an iron pin on the northerly side of Allgood Road; thence easterly along the northerly side of said Allgood Road and following the curvature thereof 669.4 feet to an iron pin; thence north forming an interior angle of 112 degrees 20 minutes with the preceding course 300 feet to an iron pin; thence easterly forming an exterior angle of 102 degrees 57 minutes with the preceding course 100 feet to an iron pin; thence north forming an interior angle of 102 degrees 57 minutes with the preceding course 1011.4 feet to an iron pin on the north original line of said Land Lot; thence west forming an interior angle of 89 degrees 11 minutes 30 seconds with the preceding course 728.5 feet to the northwest corner of said Land Lot and the point of beginning; but there is excepted from the foregoing all the property heretofore conveyed by right of way deed from John E. Livaditis to the State Highway Department of Georgia, dated April 30, 1965, and recorded in deed book 843, page 299, Cobb County Records, which property is described as follows: Beginning at the intersection of the property line between the lands of the grantor and the lands now or formerly owned by R. E. McCleskey with the existing northwest right of way line of Allgood Road; running thence northerly along said property line to the intersection of a line which is 65 feet northwesterly of and parallel to the survey contour line of Allgood Road of Georgia Highway Project I-75-3 (14); thence northeasterly along said parallel line to the west property line of the lands now or formerly owned by Trust Investment and Development Company, Inc.; thence southerly along said west property line to said existing right of way line; thence southwesterly along said existing right of way line back to the point of beginning, together with the right to relocate a certain driveway.

Page 4675

Tract No. 4 All that tract or parcel of land lying and being in Land Lot 1134, 16th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows: Beginning at a point on the southeast side of Roswell Road at the centerline of Sope Creek where said creek crosses the Highway 120 right of way; thence southeast along the centerline of Sope Creek 320 feet to a point; thence south 00 degrees 30 minutes west, 110 feet to an iron pin; thence south 40 degrees 43 minutes west, 111.72 feet to an iron pin; thence continuing south 40 degrees 43 minutes west, 105 feet to a point where this line intersects with the east right of way of State Highway 120 Loop; thence northwest along said right of way 540 feet to the centerline of Sope Creek and the point of beginning. Tract No. 5 All that tract or parcel of land lying and being in Land Lot 1015, 16th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows: Beginning at a point 589.4 feet north of and as measured along the westerly property line of Church Street Extension from its intersection with the northerly property line of Tower Road, at the intersection of Tower Road and Church Street Extension, said beginning point being a corner marked by an iron pin; thence northerly along the westerly property line of Church Street Extension for a distance of 104.6 feet to a corner; thence westerly and forming an interior angle of 105 degrees 10 minutes a distance of 226.0 feet to a corner; thence southerly and forming an interior angle of 92 degrees 3 minutes a distance of 207.0 feet to a point; thence easterly and forming an interior angle of 86 degrees 13 minutes a distance of 109.2 feet to a corner; thence northerly and forming an interior angle of 86 degrees 51 minutes a distance of 104.2 feet to a corner; thence easterly and forming an exterior angle of 84 degrees 42 minutes a distance of 160.0 feet to a corner on the westerly

Page 4676

property line of Church Street Extension forming an interior angle of 74 degrees 25 minutes with the said property line of said Church Street Extension and the point of beginning. Tract No. 6 All that tract or parcel of land lying and being in Land Lot 945 and 1000, 16th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Starting at a point on the northeast right of way line of Hayes Industrial Drive which point is 830.5 feet northwest of the point where the northwest right of way line of King Industrial Drive intersects the northeast right of way line of Hayes Industrial Drive; thence from said point of beginning southeasterly 324.1 feet along the northeast right of way line of Hayes Industrial Drive; thence northeast and forming an interior angle of 112 degrees 42 minutes to the last previous course for a distance of 79.7 feet; thence northwest and forming an interior angle of 89 degrees 41 minutes to the last previous course for a distance of 350 feet; thence southwest and forming an interior angle of 90 degrees 31 minutes to the last previous course for a distance of 166.5 feet; thence on an arc along the east right of way line of Hayes Industrial Drive a distance of 74.5 feet to the point of Beginning. Tract No. 7 All that tract or parcel of land lying and being in Land Lots 732, 733, 780, and 781 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the southwestern side of the 200 foot right of way of U. S. Highway No. 41, 210 feet southeasterly as measured along the southwestern side of U. S. #41 Highway from the point formed by the intersection of the southeastern side of the 40 foot right of way of Smyrna-Roswell Road with the southwestern side of U. S. #41; running thence southeasterly along the southwestern

Page 4677

side of U. S. Highway #41, 285 feet to an iron pin; running thence south 49 degrees 53 minutes west 753.9 feet to a concrete monument; running thence north 30 degrees 58 minutes west 610.9 feet to a concrete monument on the southeastern side of Smyrna-Roswell Road; running thence northeasterly along the southeastern side of Smyrna-Roswell Road, 471 feet to an iron pin; running thence south 39 degrees 30 minutes east 210 feet to an iron pin; running thence north 58 degrees 49 minutes east 200 feet to a point on the southeastern side of U. S. #41 Highway and the point of beginning. Also: All that tract or parcel of land lying and being in Land Lot 732, 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the southeasterly right of way line of Smyrna-Roswell Road, said point being 200 feet southwest of the southwesterly right of way line of U. S. #41 Highway; thence running in a southwesterly direction along the southeasterly right of way line of Smyrna-Roswell Road for a distance of 471.05 feet to a point; thence running in a northwesterly direction for a distance of 40 feet to a point on the northwest right of way line of Smyrna-Roswell Road; thence running in a northeasterly direction along the northwest right of way line of Smyrna-Roswell Road for a distance of 471.05 feet to a point; thence running in a southeasterly direction for a distance of 40 feet to the point of beginning. Tract No. 8 All that tract or parcel of land lying and being in Land Lots 580, 581, 644, and 645 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point located on the common corner of Land Lots 580, 581, 644, and 645 and thence running north

Page 4678

00 degrees 18 minutes 25 seconds east along the westerly land lot line of Land Lot 645 a distance of 1248.21 feet to a point and corner, said point and corner being the common corner of Land Lots 579, 580, 645, and 646; thence running north 88 degrees 52 minutes 07 seconds east along the northerly land lot line of Land Lot 645 a distance of 552.90 feet to a point and corner, said point and corner being located on the southerly right of way of Franklin Road; thence running south 42 degrees 52 minutes 09 seconds west along the southerly right of way of Franklin Road a distance of 20.0 feet to a point and corner being located in the southerly right of way of Franklin Road; thence running south 52 degrees 50 minutes 48 seconds east along the southerly right of way of Franklin Road a distance of 151.46 feet, said distance being the tangent of an arc measuring 151.8 feet to a point, said point being located on the southerly right of way of Franklin Road; thence running south 59 degrees 31 minutes 25 seconds east along the southerly right of way of Franklin Road a distance of 291.08 feet to a point and corner, said point and corner being located on the southerly right of way of Franklin Road; thence running south 00 degrees 17 minutes 24 seconds east a distance of 1018.64 feet to a point and corner said point and corner being located on the southerly land lot line of Land Lot 645; thence running north 89 degrees 10 minutes 30 seconds west along the southerly land lot line of Land Lot 645 a distance of 922.71 feet to a point and corner being the common corner of Land Lots 645, 644, 580 and 581, and said point and corner being the point of beginning. Legal description is intended to yield a parcel of land containing 25.334 acres. Tract No. 9 Tract `E' Parcel Two All that tract or parcel of land lying and being in Land Lots 651 and 652, 17th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows: Beginning at an iron pin found at the corner common to said Land Lot 651 and Land Lots 646, 647 and 650 of said District, and running thence south 89 degrees 57 minutes

Page 4679

east along the line separating said Land Lots 650 and 651 a distance of 276.7 feet to an iron pin found at the intersection of said Land Lot line with the southwest line of the right of way of Interstate Highway No. 75 (a 300 foot right of way); running thence south 53 degrees 29 minutes 30 seconds east along the southeast line of said right of way a distance of 1237 feet to a northwest corner of the property now or formerly owned by William P. Ramsden; running thence south 0 degrees 14 minutes east along the west line of said Ramsden property a distance of 20 feet more or less to the center line of a creek; running thence northwesterly along the centerline of said creek, and following the meanderings thereof, a distance of 440 feet more or less to a northwest corner of said Ramsden property; running thence south 0 degrees 43 minutes 30 seconds west along the west line of said Ramsden property a distance of 740 feet, more or less; continuing south 1 degree 6 minutes east along the west line of said Ramsden property a distance of 285 feet to a point; running thence south 34 degrees 9 minutes 30 seconds east along the west line of said Ramsden property a distance of 264.8 feet to the center of a 20 foot driveway easement; running thence south 68 degrees 57 minutes 30 seconds west along said center line a distance of 450 feet to a railroad spike found on the northeast line of the right of way of Franklin Road (a 50 foot right of way); running thence north 65 degrees 5 minutes 30 seconds west along the northeast line of said right of way of Franklin Road a distance of 769.2 feet to an iron pin found at the intersection of the northeast line of said right of way of Franklin Road with the line separating said Land Lot 652 and Land Lot 645 of said District; running thence due north along said land lot line a distance of 368.2 feet to an iron pin found at the corner common to said Land Lots 645, 646, 651 and 652; running thence north 0 degrees 6 minutes 30 seconds west along the line separating said Land Lots 646 and 651 a distance of 1300.4 feet to the iron pin found at the point of beginning, being 38.31 acres. Section 3. Said 1952 amendatory Act, as amended, is hereby amended by adding at the end of section 7 the following new paragraph:

Page 4680

Notwithstanding any other provisions of this charter, the mayor and council by resolution may waive the 65 years of age limitation with respect to a member of the Civil Service Board. 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 1975 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 27th day of December, 1974. Joe L. Thompson Roy E. Barnes Haskew Brantley Senators George H. Kreeger Ken Nix A. L. Burruss Joe Mack Wilson G. Robert Howard Bill Cooper Chuck Edwards Carl Harrison Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy Barnes who, on oath, deposes and says that he is Senator from the 33rd 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,

Page 4681

on the following dates: January 24, 31 and February 7, 1975. /s/ Roy Barnes Senator, 33rd District Sworn to and subscribed before me, this 3rd day of March, 1975. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 25, 1975. AUGUSTARICHMOND COUNTY COLISEUM AUTHORITY ACT AMENDEDPOWERS DEFINED, ETC. No. 741 (Senate Bill No. 387). An Act to amend an Act known as the Augusta-Richmond County Coliseum Authority Act, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended by an Act approved March 22, 1974 (Ga. L. 1974, p. 3207), so as to further define the powers of the Authority; to provide the Authority power to enter into contracts with consolidated governments; to provide that cities, towns, municipalities, counties or consolidated governments shall pledge their full faith and credit to the payment of contractual obligations incurred pursuant to any contract with the Authority; to further define the validation procedure for revenue bonds issued by the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Augusta-Richmond

Page 4682

County Coliseum Authority Act, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended by an Act approved March 22, 1974 (Ga. L. 1974, p. 3207), is hereby amended by striking subsection (f) of section 4 in its entirety and inserting in lieu thereof a new subsection (f), to read as follows: (f) To make contracts and leases, and to execute all instruments necessary or convenient, with any and all persons, firms and corporations and any city, town, municipality, consolidated government, county or other political subdivision, or departments, institutions or agencies of this State including contracts for construction of any Project and leasing of any Project and contracts with respect to the use and management of any Project and any and all persons, firms and corporations and any city, town, municipality, consolidated government, county or other political subdivision, department, institution or agency of this State is hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and any such Project shall be for the development and promotion in this State of the cultural growth, public welfare, education and recreation of the people of this State and accordingly all such Projects shall, and hereby are declared to be, public buildings to be used for public purposes; and without limiting the generality of the foregoing, authority, right and power is hereby specifically granted to any such city, town, municipality, county or consolidated government to enter into and make contracts, lease agreements and other undertakings with the Authority with respect to the furnishing of services and facilities by the Authority and for the payments of rents, fees and charges for the use by such cities, towns, municipalities or consolidated governments or the residents thereof of any Project; and the rentals contracted to be paid by the lessees or tenants to the Authority under any such contracts or leases entered into pursuant to the provisions of this Act shall constitute general obligations of any such city, town, municipality, county or consolidated government for the payment of which the full faith and credit of such city, town, municipality, county or consolidated government shall be

Page 4683

and the same hereby is pledged to provide the funds required to fulfill all obligations arising under any such contract or lease; and any such city, town, municipality, county or consolidated government which shall have entered into such a contract or lease pursuant to the provisions of this Act shall annually in each and every fiscal year during the term of such contract or lease include in a general revenue or appropriation measure, within any millage limitations of its power of taxation and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract or lease until all payments required under such contract or lease have been paid in full, and such contract or lease payments shall constitute a first charge on all such sums so appropriated, and such sums shall be and hereby are unconditionally obligated to the payment of such contracts or leases; provided, however, that such payments shall not impair existing obligations of such city, town, municipality, county or consolidated government. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such city, town, municipality, county or consolidated government are hereby authorized and directed to set up as an appropriation on their accounts in each fiscal year the amounts required to pay the obligations called for under any such contract or lease. The amount of the appropriation in each fiscal year to meet the obligations of such contract or lease as authorized and required hereby shall be due and payable and shall be expended for the purpose of paying and meeting the obligations provided under the terms and conditions of such contract or lease, and such appropriation shall have the same legal status as if the contracting city, town, municipality, county or consolidated government had included the amount of the appropriation in its general revenue or appropriation measure, and such fiscal officers shall make such payment to the Authority if for any reason such appropriation is not otherwise made; and any such city, town, municipality, county or consolidated government may obligate itself and its successors under any such contract or lease to use only such structures, buildings, or facilities constituting such Project and none other;.

Page 4684

Section 2. Said Act is further amended by relettering subsection (k) of section 4 as subsection (1) and by adding a new subsection, immediately following subsection (j) of section 4, to be designated subsection (k), to read as follows: (k) To do all things which municipalities are empowered to do under the provisions of the Revenue Bond Law of Georgia, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8, subject to any limitations herein contained; and. Section 3. Said Act is further amended by striking section 22 in its entirety and inserting in lieu thereof a new section 22, to read as follows: Section 22. Same; Validation (a) All bonds of the Authority shall be confirmed and validated, in the Richmond County Superior Court in accordance with the procedure of the Revenue Bond Law of Georgia, approved March 31, 1937 (Ga. L. 1937, p. 761), as amended, codified in Georgia Code Annotated, Chapter 87-8. The petition of validation shall be brought against said Authority and, in the event the payments to be made by any city, town, municipality, county or consolidated government under a contract or lease entered into between the Authority and such political subdivision are pledged as security for the payment of the revenue bonds sought to be validated, such political subdivision or subdivisions shall also be made parties defendant, and the defendants shall be required to show cause, if any exists, why such contract or lease or contracts or leases and the terms and conditions thereof should not be adjudicated to be in all respects valid and binding upon such subdivision or subdivisions. It shall be incumbent upon such subdivision or subdivisions to defend against adjudication of the validity and binding effect of such contract or lease or contracts or leases or be forever bound thereby. Notice of such proceedings shall be included in the notice of the validation hearing required to be issued and published by the clerk of the Superior Court of Richmond County in which court such validation proceeding shall be initiated. Any resident of

Page 4685

the State of Georgia may intervene in the validation proceedings at or before the time set for the validation hearing and may assert any ground of objection to the validity and binding effect of such bonds and the security therefor and of such contract or lease or contracts or leases on his own behalf and on behalf of all citizens and residents of the State of Georgia. In the event no bill of exceptions shall be filed within twenty days from the date of the judgment of validation, or if filed and the judgment shall be affirmed by the proper appellate court of this State, the judgment of the Richmond County Superior Court so confirming and validating the validity and binding effect of such contract or lease or contracts or leases and of such bonds and the security therefor shall be forever conclusive upon the issue of the validity and binding effect of such contracts, leases and bonds and the security therefor and upon the issue of the validity and constitutionality of this and any other Act pertaining to such contracts and bonds and the security therefor against the Authority issuing the same and against the parties to such contracts and against all residents of the State of Georgia. (b) Any action or proceeding to contest the validity or binding effect of any such revenue bonds or resolution or trust instrument pertinent thereto or any contracts made for the purposes of providing the payment of such bond as aforesaid must be commenced and filed prior to the conclusion of the validation hearing, notice of which shall have been given as provided by law. After the expiration of such period of limitation no right of action or defense founded upon the invalidity of such bonds, resolutions, trust instruments, or contracts shall be asserted nor shall the validity and binding effect of such bonds, resolutions, trust instruments, or contracts be opened to question or attack in any court upon any ground whatever, except in an action or proceeding commenced and filed prior to the conclusion of such validation hearing. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Effective date.

Page 4686

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 there will be introduced in the 1975 Session of the General Assembly of Georgia, a bill to amend the Act creating the Augusta-Richmond County Coliseum Authority (Ga. L. 1973, p. 3042), as amended by Ga. L. 1974, p. 3207; to provide the Authority power to enter into contracts with cities, towns, municipalities, counties or consolidated governments; to provide that cities, towns, municipalities, counties or consolidated governments shall pledge the full faith and credit to the payment of contractual obligations incurred pursuant to any contract with the authority; to further define the validation procedure for revenue bonds issued by the Authority; and for other purposes. This 7th day of February, 1975. Robert C. Daniel, Jr. Richmond 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

Page 4687

once a week for three weeks, as required by law: Said dates of publication being February 12, 19 and 26, 1975. /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 26th day of February, 1975. /s/ Mary S. Klima Notary Public, Richmond County, Georgia. (Formerly Mary S. Woodward) My Commission Expires May 22, 1978. Approved April 25, 1975. CITY OF ATLANTACHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 744 (Senate Bill No. 68). An Act to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to change the corporate limits of the City of Atlanta; 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 Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is hereby amended by adding a new paragraph at the end of section 1-105, to read as follows:

Page 4688

Any other provision of this Act to the contrary notwithstanding, the corporate limits of the City of Atlanta shall not embrace or include the following tract of land: `All that tract or parcel of land lying and being in Land Lot 238 of the 15th District of DeKalb County, Georgia, being part of Lot 9, Block 8 of Druid Hills, and more particularly described as follows: To arrive at the TRUE POINT OF BEGINNING, begin at the southeast intersection of Clifton Road and Ponce de Leon Avenue South; thence run southeasterly along the south right-of-way line of Ponce de Leon Avenue South a distance of nine hundred forty (940) feet to the northwest corner of Lot 9, Block 8 of Druid Hills; thence running southwesterly along the line dividing Lots 8 and 9 of said block and subdivision to a point where the north line of Land Lot 238 and the Atlanta City Limits, as now located, intersects said lot dividing line and the TRUE POINT OF BEGINNING; thence running east along the north line of Land Lot 238 and the Atlanta City Limits, as now located, to a point where the Atlanta City Limits, as now located, turns south; thence running south along the Atlanta City Limits, as now located, to the southeast corner of Lot 9 of said block and subdivision; thence running west along the south line of Lot 9 of said block and subdivision to the southwest corner of Lot 9 of said block and subdivision; thence running northerly and northeasterly along the line dividing Lots 8 and 9 of said block and subdivision to the TRUE POINT OF BEGINNING.' Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1975 Session of the General Assembly of Georgia, which convenes on Monday, January 13, 1975, to amend the Charter of the City of Atlanta, the title of such bill or bills to be as follows:

Page 4689

An Act to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, creating a new Charter for such City and for other purposes, approved March 16, 1973 (Ga. L. 1973, pp. 2188), as amended, and for other purposes. This 18th day of December, 1974. William M. (Bill) Alexander Legislative Coordinator City of Atlanta This 16th day of January, 1974. Georgia, Fulton County. Personally appeared before the undersigned authority duly authorized to administer oaths Pierre Howard Jr., author of the attached bill, who, after being duly sworn, deposes and on oath says that the Notice attached hereto has been published once a week for three weeks (during a period of sixty days immediately preceding its introduction into the General Assembly) in the newspaper in which the Sheriff's advertisements for the locality affected are published, all as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. /s/ Pierre Howard, Jr. Sworn to and subscribed before me, this the 16th day of January, 1974. /s/ Edna R. Pierce Notary Public, Georgia State at Large. My Commission Expires Jan. 11, 1976. (Seal). Approved April 28, 1975.

Page 4690

CITY OF DOERUNNEW CHARTER. No. 747 (Senate Bill No. 284). An Act to provide a new Charter for the City of Doerun, Georgia, in the County of Colquitt; to provide for the incorporation and powers of such city; to provide for the governing authority; to provide for the executive branch of the city government; to provide for the judicial branch of the city government; to provide for elections; to provide for the financial and fiscal affairs of the city; to provide for general provisions; to provide for other matters relative thereto; to provide for specific repeal; 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: ARTICLE I INCORPORATION, POWERS Section 1.10. Incorporation. This Act shall constitute the whole Charter of the City of Doerun, repealing and replacing the Charter provided by an Act of the General Assembly approved August 19, 1922 (Ga. Laws 1922, p. 751), as amended. The City of Doerun, Georgia, in the County of Colquitt, and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Doerun, 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. Corporate Boundaries. The corporate boundaries of the City of Doerun shall be described and set forth in Appendix A attached hereto. Section 1.12. Specific Powers. The corporate powers of the government of the City of Doerun, to be exercised by the governing authority, may include the following:

Page 4691

(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; 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 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; (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 and maintain public utilities, including but not limited to a system of

Page 4692

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, penalties and withdrawal of service for refusal to pay same; and to fix the manner in which such remedies shall be enforced; (A) The sale or disposal of any public utility shall be approved by a two-thirds majority vote of the qualified voters of said city; (9) to grant franchises or make contracts for public services and public utilities, not to exceed periods of 30 years and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations by the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or 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 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 as are or may be enacted;

Page 4693

(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; 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 riots and public disturbances; (16) to regulate or prohibit junk dealers, pawn shops, the manufacture, sale or transportation of intoxicating liquors and liquids, the use and sale of firearms, 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, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise; (18) to license, tax, regulate or prohibit professional fortune telling and palmistry; (19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads 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;

Page 4694

(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 punishments 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; to regulate the collection 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 the sale of same; (25) to levy, fix, assess and collect a garbage, refuse and trash collection and disposal and other sanitary service tax, charge or fee for such services as may be necessary in the operation of the city from all individuals, firms and corporations residing in or doing business in the city and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges, taxes or fees; (26) to levy a fee or charge a sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer service charge, fee or 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 change the same from time to time, such fees to be levied on the users connecting with the sewerage system;

Page 4695

(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; to provide for the use and administration 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, safety and welfare 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 may work out such sentences 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; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting offenses against the laws of the State of Georgia, nevertheless are 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; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale; gift

Page 4696

or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (35) to regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (36) to regulate and license vehicles operated for hire in the city; 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 of 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 therefore; (40) to create, alter or abolish departments, boards, offices, commissions and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) to make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof and for preserving the peace, health, good 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;

Page 4697

(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 health, safety, protection 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; 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 therein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the laws of the State of Georgia. No enumeration of particular powers in this Charter shall be held to be exclusive of others nor restrictive of general words and phrases granting powers but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.13. General Powers. In addition to all other powers herein granted, the city 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 other 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

Page 4698

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, 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 executions as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNING BODY Section 2.10. Creation and Composition of Governing Body. The legislative authority of the government of the City of Doerun, except as otherwise specifically provided in this Charter, shall be vested in a city council to be composed of a mayor and five councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this Charter. Section 2.11. Terms and Qualifications of Office. The members of the council shall serve for two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless; (1) he has been a resident of the City of Doerun for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) he continues to reside therein during his period of service; (3) he is registered and qualified to vote in municipal elections of the City of Doerun; and (4) he meets 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) The office of mayor or councilman shall become

Page 4699

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) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any one or more of the qualifications of the office as prescribed 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) 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 of this Charter. Section 2.13. Compensation and Expenses. The mayor shall receive as compensation for his services $100.00 per month. The councilmen shall receive as compensation for their services $50.00 per month. 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) Except as authorized by law, neither the mayor nor any councilman shall hold any other elective city office or city employment during the term for which he was elected. (b) Neither the mayor nor any councilman 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, officer or agency and for this purpose the council 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 prescribed by ordinance.

Page 4700

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 of the powers of government of the City of Doerun 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/or property, health, welfare, sanitation, comfort, convenience, prosperity or well-being of the inhabitants of the City of Doerun and may enforce such ordinances by imposing penalties for violation thereof. Section 2.20. Chief Executive Officer. The mayor shall be the chief executive officer of the City of Doerun. He shall possess, have and exercise all of the executive and administrative powers granted to him under the Constitution, laws of the State of Georgia and this Charter. Section 2.21. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (b) be the official head of the city for the services 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; (e) see that all laws and ordinances of the city are faithfully executed; (f) have the power to suspend all officers, department heads and employees of the city, the suspension to be subject

Page 4701

to a hearing at the next regular or special council meeting following the suspension; (g) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (h) submit to the council at least once a year a statement covering the financial condition of the city and from time to time such other information as the council may request; (i) 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; (j) call special meetings of the council as provided for in Section 2.31 of this Charter; (k) examine and audit all accounts of the city before payment; (l) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (m) have the power to veto any action taken by the council unless said action was approved by a two-thirds vote of the council; provided, however, that this veto power shall not apply to the introduction and adoption of ordinances; (n) perform other duties as may be required by law, this Charter or ordinance. Section 2.22. 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.

Page 4702

Section 2.30. Organization Meeting. (a) The council shall meet for organization on the first Wednesday after the first Monday in January. 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 that I will well and truly perform the duties of mayor (or councilman as the case may be) of the City of Doerun 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) Following the induction of new 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 one year and until this 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 meeting 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 four 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 a reasonable time 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 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.

Page 4703

(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 the keeping of a journal of its proceedings, which journal 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 three 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 Doerun 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, that no ordinance, except an emergency ordinance, shall be adopted until the next regular meeting of the council following the meeting of its initial introduction. 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

Page 4704

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 the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of at least three 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 60 days following the date upon which it was adopted but this shall not prevent reenactment of the ordinance in the manner specified in this Section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 2.36. Codes of Technical Regulations. 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 a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to section 2.37 of this Charter. Section 2.37. Signing Authenticating, Recording; Printing; Codifying. (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for that 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. The general codification shall be adopted by the council by ordinance and shall be published promptly together with all amendments thereto, this Charter and any amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code

Page 4705

of the City of Doerun, 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 following its adoption. Following publication of the first Code of the City of Doerun 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 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 it deems 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, change, add to or detract from the function or duties of office, 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 offices, employees and positions as may be provided by this Charter or by ordinance and shall be subject

Page 4706

to the general supervision and guidance of the mayor and councilmen. (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 appointed officers and directors of departments shall receive such compensation as presecribed by ordinance of the city council. Section 3.11. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities 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) 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. (c) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk the oath as follows: I do solemnly swear that I will well and truly perform the duties of (name office) of the City of Doerun and that I will support and defend the charter thereof. (d) Any member of a board, commission or authority

Page 4707

may be removed from office for cause by a vote of three members of the council. (e) Members of boards, commissions or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards, commissions and authorities shall be as prescribed by the mayor and councilmen. (g) 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 chairman and one of its members 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 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 city clerk. Section 3.20. City Manager. The council may appoint a city manager. The duties and authority of the city manager shall be prescribed by ordinance of the council and, in so doing, the council may specifically delegate to 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, 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

Page 4708

may be required of him by vitrue of his position as city attorney. Section 3.40. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.41. City Tax Collector. The council may appoint a city 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. The city 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. Section 3.50. Position Classification and Pay Plan. The council may prepare a position classification and pay plan. Said plans may apply to all employees of the City of Doerun and to any of the city's 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 3.51. Personnel Policies. The council may adopt rules and regulations consistent with this Charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto and transfer of

Page 4709

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 Doerun. ARTICLE IV JUDICIAL BRANCH Section 4.10. Creation of Recorder's Court. There is hereby established a court to be known as the Recorder's Court of the City of Doerun. Said court shall have jurisdiction and authority to try offenses against the laws and ordinances of the City of Doerun and to punish for violation of the same. Such court shall have the power and authority to enforce its judgment by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance; 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; and to try all cases within the territorial limits of the city which under the laws of the State of Georgia are placed within the jurisdiction of police or municipal courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. The recorder's court shall be presided over by the recorder of said court. Section 4.11. Recorder. (a) The recorder shall be appointed by the council. (b) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years. The recorder shall serve at the discretion of the council. The compensation of the recorder shall be fixed by the council. (c) the recorder pro tem. shall serve in the absence or disqualification of the recorder, shall be appointed by the council, shall take the same oath as the recorder and shall

Page 4710

exercise the same powers and duties as the recorder when acting in the recorder's stead. (d) Before entering on the duties of his office, the recorder shall take an oath before the mayor 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. The recorder's 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; Power. (a) The recorder's court shall try and punish for crimes against the City of Doerun 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 $100.00 or 30 days in jail. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $100.00 or imprisonment for 30 days, or both, and as an alternative to fine or imprisonment, may 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 30 days. (b) The recorder's court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement for 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 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

Page 4711

time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and the defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the recorder forfeited to the City of Doerun 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 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, subpoenas 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 of the jurisdiction and powers throughout the entire area of the City of Doerun 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 Colquitt 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 probate court; provided, however, 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.

Page 4712

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 part or in toto the rules and regulations relative to the procedure and the operation of the superior courts under the general laws of the State of Georgia. The rules and regulations made or adopted for the recorder's court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all defendants in recorder's court proceedings at least 48 hours to said proceedings. ARTICLE V ELECTIONS Section 5.10. Regular Elections. On the first Saturday in December of odd-numbered years, two councilmen from posts one and two and the mayor shall be elected to serve for two years. On the first Saturday in December of even-numbered years, three councilmen from posts three, four and five shall be elected to serve for two years. Any person to be elected to office must receive a majority of the votes. In the event no candidate receives the highest number of votes, the two candidates receiving the highest number of votes will be in a runoff 14 days after the regular election. In all future elections, candidates must qualify for posts which they wish to occupy; Post #1 now being held by R. E. Etheridge; Post #2 now being held by J. C. Strickland, Jr.; Post #3 now being held by John Cole; Post #4 now being held by C. W. Davidson; and Post #5 now being held by C. J. Oakes. The term of office of members of the council shall begin at the day and hour of the taking of the oath of office as provided in Article II, Section 2.30 of this Chapter. Section 5.11. Qualifying, Nomination of Candidates, Abstentee Ballots. The council may by ordinance prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of

Page 4713

votes and such other rules and regulations as may be necessary for the conduct of elections in the City of Doerun. Section 5.20. Applicability of General Laws. The procedures and requirements for election of all elected officials in the City of Doerun as to primary, special or general elections shall be in accordance with the provisions of the Georgia Municipal Election Code, as now or hereafter 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 balance of the unexpired term of such office; provided, however, that if such vacancy occurs within six months of the expiration of the term of office, 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 the Georgia Municipal Election Code and this Charter, as now or hereafter amended. Section 5.30. Grounds for Removal of Elected Officials. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (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) abandonment of office or neglect to perform the duties thereof; or (e) 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 of Elected Officials. Removal of an elected from office may be accomplished by one of the following methods:

Page 4714

(a) By action of two-thirds vote of the entire membership of the council; provided, however, that if the officer sought to be removed is a member of the council, he shall not vote. In the event an elected office is sought to be removed by action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten 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 Colquitt County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (b) By information filed in the Superior Court of Colquitt County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.10. 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 Doerun. The council shall use the county assessment for the year in which the city taxes are to be leived 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 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 or for any other public purpose as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Doerun is hereby exempted from the provisions of Georgia Code sections 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

Page 4715

fall due, in what length of time said taxes may be paid, whether they may be paid in installments or in one lump sum and when, how and upon what terms such taxes shall be due and payable. The council may also 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 or the city tax collector and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied as of the assessment date of each year, which 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 shall have full power to levy by ordinance such license and specific or occupational taxes upon the residents of the City of Doerun 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 any way which may be lawful; to require such person to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; to make laws and regulations proper or necessary 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 shall have the right, power and authority to assess and collect

Page 4716

by ordinances fees, charges and tolls for sewer services rendered both within and without the corporate limits of the City of Doerun to provide for the cost and expense of furnishing the collection and disposal of sewage through the sewerage facilities of the city. If unpaid, said sewer service charge shall constitute a lien against any property of person served, which lien shall be second in priority only to liens for county and city property taxes. Said lien 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 to provide for, enforce, levy and collect by ordinance 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 the City of Doerun and 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, 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. Said lien shall be superior to all other liens except for county and city property taxes and said lien 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 against the abutting property owners 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 under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent 30 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 date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of

Page 4717

equal dignity with liens for county and city property taxes. Said lien shall be enforceable in the same manner 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, however, that upon levy of execution and sale of property pursuant to such tax fi. fas., 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 accordance 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 6.20. 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 and known as the Revenue Bond Law (Ga. L. 1937, p. 761), as now or hereafter amended, or as provided by any other Georgia Laws 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.

Page 4718

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 and every office, department, institution, agency and activity of the city government unless otherwise provided by State or federal law. Section 6.31. Preparation of Budgets . The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program and a capital budget including requirements as to the scope, content and form of such budgets and programs. Section 6.32. Property Tax Levies . The council shall levy by ordinance an annual tax on all real and personal property within the City of Doerun. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy, together with other anticipated revenues, fund balances and applicable reserves, shall at least be sufficient to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City of Doerun. Section 6.33. Additional Appropriations . The council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at a special meeting called for the purpose; provided, however, that any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies. Section 6.40. Contracting Procedures . All contracts shall be made or authorized by the council and no contract shall bind the city unless reduced to writing and approved by the council. Section 6.41. Centralized Purchasing . (a) The council may be ordinance prescribe procedures for a system of centralized purchasing for the City of Doerun.

Page 4719

(b) The council may sell and convey and real or personal property owned or held by the City of Doerun for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution by the council, 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. (d) Whenever in opening, widening or extending 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 GENERAL PROVISIONS Section 7.10. Official Bonds . The officers and employees, both elected and appointed, of the City of Doerun shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require. Section 7.11. Existing Ordinances and Regulations . Existing ordinances and resolutions of the City of Doerun not inconsistent with the provisions of this Charter shall

Page 4720

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 Doerun not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified or amended. Section 7.12. Penalties. The violation of any provisions of this Charter for which penalty is not specifically provided herein is hereby declared to be a misdemeanor and punishable by a fine of not more than $100.00 or by imprisonment not to exceed 30 days, or both. Section 7.13. Specific Repealer. An Act incorporating the City of Doerun in the County of Colquitt approved August 19, 1922 (Ga. L. 1922, p. 751), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.14. Severability. If any Article, section, subsection, paragraph, sentence or part thereof this Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that each Article, section, subsection, paragraph, sentence or part thereof be enacted separately and independently of each other. Section 7.15. Effective Date. This Charter shall become effective on May 1, 1975. Section 7.16. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. APPENDIX A CORPORATE LIMITS OF THE CITY OF DOERUN, GEORGIA The corporate limits of Doerun, Georgia, shall be one mile square, beginning one-half () mile due north of the north

Page 4721

east corner of block four (4), in said town, thence east one-half () mile, thence south one mile, hence west one mile, thence north one mile, thence east one-half () mile back to point of beginning. Notice of Intention to Introduction Local Legislation. Notice is hereby given that there will be introduced in the 1975 regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Doerun, Ga. to provide for all matters relative thereto and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Franklin Sutton who, on oath, deposes and says that he is Senator from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Moultrie Observer which is the official organ of Colquitt County, on the following dates: December 26, 1974 and January 2, 9, 1975. /s/ Franklin Sutton Senator, 9th District Sworn to and subscribed before me, this 17th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. Approved April 28, 1975.

Page 4722

CITY OF ATLANTACHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 748 (Senate Bill No. 330). An Act to amend an Act reincorporating the City of Atlanta, approved March 16, 1973 (Ga. L. 1973, p. 2188), 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 reincorporating the City of Atlanta, approved March 16, 1973 (Ga. L. 1973, p. 2188), is hereby amended by adding a new section at the end of Article I to be designated section 1-105.1 and to read as follows: Section 1-105.1. Territory Deleted from Corporate Boundaries. Effective July 1, 1975, the following described tracts or parcels of land shall be deannexed from the corporate boundaries of the City of Atlanta: All that tract and parcel of land lying and being in Land Lot 42 of the 17th District of Fulton County, Georgia, being all of Unit Four, Peachtree-Dunwoody Hills lying within the city limits of Atlanta, Georgia, as located on January 1, 1975, as shown on a plat of Unit Four, Peachtree-Dunwoody Hills as per plat recorded in Plat Book 63, page 90, Fulton County Records, which plat is hereby referred to and made a part of this description. ALSO: All that tract and parcel of land lying and being in Land Lot 42 of the 17th District of Fulton County, Georgia, and being all of Starlight Drive, a fifty foot public right-of-way, and all of Starlight Lane, a fifty foot public right-of-way lying within the city limits of the City of Atlanta, Georgia, as located on January 1, 1975, as shown on a plat of Unit Four, Peachtree-Dunwoody Hills, as per plat recorded in Plat Book 63, page 90, Fulton County Records, which plat is hereby referred to and made a part of this description.

Page 4723

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 introduce at the regular 1975 session of the General Assembly of Georgia, a bill to amend an Act reincorporating the City of Atlanta in Fulton and DeKalb Counties and providing a new charter for said City, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to change the provisions relative to the corporate limits of said City; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Haskew H. Brantley, Jr. who, on oath, deposes and says that he is Senator from the 56th 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 3, 10, 17, 1975. /s/ Haskew H. Brantley, Jr. Senator, 56th District Sworn to and subscribed before me, this 24th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. Approved April 28, 1975.

Page 4724

GRADY COUNTYSALARY OF SHERIFF CHANGED, ETC. No. 753 (House Bill No. 595). An Act to change the compensation of the Sheriff of Grady County and to abolish the present system of funding the operation of the Sheriff's Office of Grady County; to provide in lieu thereof annual salary for such officer; to change the compensation of the Sheriff of Grady County; 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 deputies, clerks, assistants and all required personnel by such officer; to provide for the compensation for such personnel; to provide for the sheriff to submit an annual budget; to provide for arbitration of budget disputes; to repeal an Act placing the Sheriff of Grady County upon an annual salary, approved March 30, 1971 (Ga. L. 1971, p. 2424); 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 of Grady County shall receive an annual salary of not less than $12,000.00 nor more than $16,000.00, payable in equal monthly installments from the funds of Grady County. Salary. Section 2. Within 90 days prior to the beginning of Grady County's next fiscal year and on said date each year thereafter, the Sheriff of Grady County shall submit to the governing authority of Grady County a budget for operation of the Office of Sheriff for the ensuing year. The budget shall include the sheriff's salary and all other salaries and operating expenses for the operation of said office in carrying out the duties of said office. If, within 60 days from the date of submission of the budget, the Sheriff and the governing authority of Grady County cannot agree upon

Page 4725

the budget as presented by the Sheriff to the governing authority of Grady County, then said matter shall be arbitrated by the Sheriff and the governing authority of Grady County with the Sheriff appointing one arbitrator and the governing authority appointing an arbitrator and the third arbitrator being the foreman of the last grand jury of Grady County next preceding the date of submission of the Sheriff's budget. In the event the foreman of said grand jury is deceased or is incapacitated or no longer resides within Grady County at the time of such arbitration, then in that event the foreman of the next preceding grand jury shall act as the third arbitrator. Said arbitrators shall make their findings known to the governing authority of Grady County and to the Sheriff of Grady County within 30 days after their appointment. It shall then be encumbered upon the governing authority of Grady County to fund the findings of the arbitrators and it shall be binding upon the Sheriff of Grady County to operate said department out of the sums so appropriated. In the event the Sheriff of Grady County or the governing authority of Grady County shall fail to appoint an arbitrator as provided for herein within three days after reaching an impasse of the negotiations between the Sheriff and the governing authority of Grady County, then in that event the Judge of the Superior Court shall appoint an arbitrator for the party failing to appoint an arbitrator as provided for herein. However, in no event shall the Sheriff's salary be reduced below the amount set forth in section 1 above. Any monies due the Sheriff's Department by agreement between the Sheriff's Department and the governing authority of Grady County or any monies that shall become due the Sheriff's Department by virtue of arbitration as aforesaid shall be funded by the governing authority of Grady County and shall be payable to said office in advance quarterly. Budget. Section 3. After the effective date of this Act, said officer shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his respective office, and shall receive and hold the same in trust for said county as public monies,

Page 4726

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 authorities 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 Sheriff of Grady County shall have the sole discretion to hire such employees as he deems necessary to run the Sheriff's Office of Grady County. Employees. Section 5. The official bonds of said officer, and the respective deputies, clerks, assistants and other personnel, as may be required by law, shall be procured by elected officer, and the premiums and costs thereof shall be paid out of any county funds available for that purpose. The premiums for said bonds shall be included in the Sheriff's Department annual budget and shall be funded by the county on the basis of said budget. Bonds. Section 6. An Act placing the Sheriff of Grady County upon an annual salary, approved March 30, 1971 (Ga. L. 1971, p. 2424) is hereby repealed in its entirety. Section 7. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Effective date. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice Notice is hereby given that I shall introduce a bill in the 1975 session of the General Assembly to change the compensation of the Sheriff of Grady County and to abolish the present system of funding the operation of the Sheriff's

Page 4727

Office of Grady County; to provide in lieu thereof annual salary for such officer; to change the compensation of the Sheriff of Grady County; 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 deputies, clerks, assistants and all required personnel by such officer; to provide for the compensation for such personnel; to repeal an Act placing the Sheriff of Grady County upon an annual salary, approved March 30, 1971 (Ga. L. 1971, p. 2424); to provide an effective date; to repeal conflicting laws; and for other purposes. This 3 day of January, 1975. Bobby Long Representative from Grady County Georgia, Grady County. Personally appeared, Robert H. Wind, who being duly sworn, says that he is Editor and Secretary-Treasurer of The Messenger Publishing Co., Inc., publishers of The Cairo Messenger, a weekly newspaper in Cairo, 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 3rd day of January, 1975, 10th day of January, 1975, and 17th day of January, 1975, as provided by law. /s/ Robert H. Wind Sworn to and subscribed before me, This the 21st day of January, 1975. /s/ Sandra Day Notary Public, Grady County, Georgia. My Commission Expires 4/23/78. (Seal). Approved April 28, 1975.

Page 4728

CITY OF ATLANTACHARTER AMENDEDCORPORATE LIMITS CHANGED. No. 755 (House Bill No. 724). An Act to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to change the corporate limits of the City of Atlanta; 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 Atlanta in the Counties of Fulton and DeKalb, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, is hereby amended by adding a new paragraph at the end of section 1-105, to read as follows: Any other provision of this Act to the contrary notwithstanding, the corporate limits of the City of Atlanta shall not embrace or include any part of the following tract of land: `ALL that tract or parcel of land lying and being in Land Lots 46 and 62 of the 14th District, Fulton (formerly Fayette) County, Georgia, and being more particularly described as follows: BEGINNING at a point on the northeasterly side of Heatherland Drive, one hundred seventy-five and eight tenths (175.8) feet northwesterly from the east line of Land Lot 62; running thence northwesterly along the northeasterly side of Heatherland Drive, one hundred fifty (150) feet to a point; running thence northeasterly, two hundred forty and four tenths (240.4) feet to a point; running thence southeasterly, one hundred fifty (150) feet to a point; running thence southwesterly, two hundred fifty (250) feet to the northeasterly side of Heatherland Drive and the point of beginning, being improved property having a house thereon and being more particularly shown on survey prepared by A. S. Giometti Assoc., Inc., dated September 6, 1973.'

Page 4729

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 1975 session of the General Assembly of Georgia, a bill to amend an Act reincorporating the City of Atlanta in Fulton and DeKalb Counties and providing a new charter for said City, approved March 16, 1973 (Ga. L. 1973, p. 2188), as amended, so as to change the provisions relative to the corporate limits of said City; and for other purposes. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert A. Holmes who, on oath, deposes and says that he is Representative from the 39th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: January 3, 10, 17, 1975. /s/ Robert A. Holmes Representative, 39th District Sworn to and subscribed before me, this 14th day of February, 1975. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 18, 1976. (Seal). Approved April 28, 1975.

Page 4731

ACTIONS OF COUNTY GOVERNING AUTHORITIES PURSUANT TO CONSTITUTIONAL AMENDMENT PROVIDING HOME RULE FOR COUNTIES

Page 4732

BIBB COUNTY BOARD OF COMMISSIONERSAUDITORPROVISIONS CHANGED. An Ordinance of the Board of Commissioners of Bibb County, Georgia, to repeal an Act entitled An Act to amend an Act approved February 6, 1873 Entitled `An Act to establish a county Board of Commissioners for the County of Bibb, to define their duties, and for other purposes therein named,' so as to authorize said county Board of Commissioners to appoint a county auditor for said county, to prescribe and define his prowers and duties, to fix his compensation and term of office, and for other purposes. which law appears in Ga. L. 1905, p. 554 et seq.; to ordain in lieu thereof other and different provisions relating to the county auditor; and for other purposes. Be it Ordained by the Board of Commissioners of Bibb County, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The Act of the General Assembly of Georgia entitled An Act to Amend an Act Approved February 6, 1873 Entitled `An Act to Establish a County Board of Commissioners for the County of Bibb, to Define Their Duties, and For Other Purposes Therein Named,' So as to Authorize Said County Board of Commissioners to Appoint a County Auditor For Said County, to Prescribe and Define His Powers and Duties, to Fix His Compensation and Term of Office, and for Other Purposes. is hereby repealed. Section 2. Be it further ordained by the Board of Commissioners of Bibb County, Georgia, that in lieu of said repealed act, there is hereby ordained the following: The Board of Commissioners of Bibb County shall appointed a person to be known as the County Auditor, and who shall perform such duties and receive such compensation and serve for such periods of time as may be prescribed by said Board. Section 3. This ordinance is adopted by the Board of Commissioners of Bibb County, Georgia, pursuant to the

Page 4733

provisions of the Constitution of the State of Georgia, providing for home rule for counties which appears in Ga. L. 1965, p. 752 et seq. and which established Section II-A of Article XV of the Constitution of the State of Georgia. Section 4. This ordinance shall become effective when a notice containing a synopsis hereof and stating that a copy hereof is on file in the office of the Clerk of the Superior Court of the County of Bibb for the purposes of examination and inspection by the public shall have been published in The Macon News, the official gazette of the County, once a week for three weeks immediately preceding its final adoption; the same shall have been adopted at two regular consecutive meetings of the Board of Commissioners of Bibb County not less than seven nor more than sixty days apart, and a certified copy thereof shall have been filed with the Secretary of the State of Georgia all in compliance with the provisions of the Constitution of the State of Georgia. Section 5. All ordinances or parts thereof in conflict herewith are hereby repealed. I, Hazel McCuen, Clerk of the Board of Commissioners for the County of Bibb, Georgia certify that the above and foregoing resolution is a true and correct copy of the resolution adopted by the said Board of Commissioners in regular session Tuesday, July 2, 1974 as recorded in Minute Book X. /s/ Hazel McCuen Filed in office of Secretary of State July 26, 1974. BIBB COUNTY BOARD OF COMMISSIONERSTIME OF MEETINGS CHANGED. An Ordinance of the Board of Commissioners of Bibb County, Georgia, to amend an act entitled An Act to establish a county Board of Commissioners for the County of Bibb, to define their duties, and for other purposes therein named which law appears in Ga. L. 1873, p. 219 et seq.; to make other and different provisions for the holding of session of said board by providing that the board may

Page 4734

determine the time and frequency of meetings; and for other purposes. Be it Ordained by the Board of Commissioners of Bibb County, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The act of the General Assembly of Georgia, appearing in Ga. L. 1873, p. 219, et seq. and entitled An Act to Establish a County Board of Commissioners for the County of Bibb, to Define Their Duties and for Other Purposes Therein Named. is hereby amended by striking therefrom the provisions of Section VI and inserting in lieu thereof the following: The Board of Commissioners of Bibb County shall meet at the Courthouse in said County at least once in each month, and it shall be empowered by ordinance to determine the time and frequency of regular and special sessions and how special sessions may be called. Section 2. This ordinance is adopted by the Board of Commissioners of Bibb County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia, providing for home rule for counties which appears in Ga. L. 1965, p. 752 et seq. and which established Section II-A of Article XV of the Constitution of the State of Georgia. Section 3. This ordinance shall become effective when a notice containing a synopsis hereof and stating that a copy hereof is on file in the office of the Clerk of the Superior Court of the County of Bibb for the purposes of examination and inspection by the public shall have been published in The Macon News, the official gazette of the County, once a week for three weeks immediately preceding its final adoption; the same shall have been adopted at two regular consecutive meetings of the Board of Commissioners of Bibb County not less than seven nor more than sixty days apart, and a certified copy thereof shall have been filed with the Secretary of the State of Georgia all in compliance with the provisions of the Constitution of the State of Georgia.

Page 4735

Section 4. All ordinances or parts thereof in conflict herewith are hereby repealed. I, Hazel McCuen, Clerk of the Board of Commissioners for the County of Bibb, Georgia certify that the above and foregoing resolution is a true and correct copy of the resolution adopted by the said Board of Commissioners in regular session Tuesday, July 2, 1974 as recorded in Minute Book X. /s/ Hazel McCuen Georgia, Bibb County. Notice of proposed action to be taken under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia. Notice to the public: Notice is hereby given that the Bibb County Board of Commissioners proposes to adopt the following named ordinances under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia, copies of which are on file with the Clerk of Bibb Superior Court for public examination and inspection: 1. An Ordinance of the Board of Commissioners of Bibb County, Georgia, to Amend an Act Entitled An Act to Establish a County Board of Commissioners for the County of Bibb, to define their duties, and for other purposes therein named which law appears in Ga. L. 1873, p. 219 et seq.; to make other and different provisions for the holding of session of said Board by providing that the Board may determine the time and frequency of meeting; and for other purposes. 2. An Ordinance of the Board of Commissioners of Bibb County, Georgia, to repeal an Act entitled An Act to Amend an Act approved February 6, 1973 entitled `An Act to establish a County Board of Commissioners for the County of Bibb, to define their duties, and for other purposes therein named.' So as to authorize said County Board of Commissioners

Page 4736

to appoint a County Auditor for said County, to prescribe and define his powers and duties, to fix his compensation and term of office, and for other purposes. Which law appears in Ga. L. 1905, p. 554 et seq.; to Ordain in lieu thereof other and different provisions relating to the County Auditor; and for other purposes. This 6th day of June, 1974. E. S. Sell, Jr. County Attorney Georgia, Bibb County. Personally appeared before me, a notary public within and for above state and county, Sandy Cochran, 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: 6/14, 6/21, 6/28. /s/ Sandy Cochran Sworn to and subscribed before me, this 28th day of June, 1974. /s/ Peter S. Bikus Notary Public, Bibb County, Georgia. My Commission Expires March 22, 1975. Filed in office of Secretary of State July 26, 1974. BIBB COUNTY BOARD OF COMMISSIONERSCERTAIN ACT REPEALED. An Ordinance. An ordinance of the board of commissioners of Bibb County, Georgia, to repeal an act of the General Assembly of Georgia entitled: An Act to amend an act approved February 6, 1873, appearing on p. 219, et seq. of the published acts of the General Assembly of Georgia of 1873,

Page 4737

and captioned, `An act to establish a county Board of Commissioners for the County of Bibb, to define its duties; and for other purposes therein named,' and acts amendatory thereof; by further defining the powers, jurisdiction and authority of said board and for other purposes. Said Act appearing in Ga. L. 1939, p. 511 et seq.; and for other purposes. Be it ordained by the Board of Commissioners of Bibb County, Georgia, and it is hereby ordained by authority of the same as follows: Section 1. The act of the General Assembly of Georgia appearing in Ga. L. 1939, P. 511, et seq., and entitled: An Act To Amend An Act Approved February 6, 1873, Appearing On p. 219, et seq. Of The Published Acts Of The General Assembly of Georgia Of 1873, And Captioned, `An Act To Establish A County Board of Commissioners For The County Of Bibb; To Define Its Duties; And For Other Purposes Therein Named,' And Acts Amendatory Thereof; By Further Defining The Powers, Jurisdiction And Authority Of Said Board And For Other Purposes. be and the same is hereby repealed. Section 2. This ordinance is adopted by the Board of Commissioners of Bibb County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia, providing for home rule for counties which appears in Ga. L. 1965, p. 752 et seq. and which established Section II-A of Article XV of the Constitution of the State of Georgia. Section 3. This ordinance shall become effective when a notice containing a synopsis hereof and stating that a copy hereof is on file in the office of the Clerk of the Superior Court of the County of Bibb for the purposes of examination and inspection by the public shall have been published in The Macon News, the official gazette of the County, once a week for three weeks immediately preceding its final adoption; the same shall have been adopted at two regular consecutive meetings of the Board of Commissioners of Bibb County not less than seven nor more than sixty days apart, and a certified copy thereof shall have been filed with the

Page 4738

Secretary of the State of Georgia all in compliance with the provisions of the Constitution of the State of Georgia. Section 4. All ordinances or parts thereof in conflict herewith are hereby repealed. I, Hazel M. McCuen, Clerk of the Board of Commissioners for the County of Bibb, Georgia certify that the above and foregoing resolution is a true and correct copy of the resolution adopted by the said Board of Commissioners in regular session Tuesday, August 20, 1974 as recorded in Minute Book X. /s/ Hazel M. McCuen Georgia, Bibb County. Notice of Proposed Action to be Taken Under the Provision of the Home Rule Amendment to the Constitution of the State of Georgia. Notice to the Public. Notice is hereby given that the Bibb County Board of Commissioners proposes to adopt the following named ordinance under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia, a copy of which is on file with the Clerk of Bibb Superior Court for public examination and inspection: An ordinance of the Board of Commissioners of Bibb County, Georgia, to Repeal an Act of the General Assembly of Georgia Entitled: An Act to Amend an Act Approved February 6, 1973. Appearing on p. 219, et. seq. of the Published Acts of the General Assembly of Georgia of 1973, and Captioned, `An Act to Establish a County Board of Commissioners for the County of Bibb; to Define Its Duties; And for Other Purposes therein Named, and Acts Amendatory Thereof: by Further Defining the Powers, Jurisdiction and Authority of said Board and for Other Purposes. Said

Page 4739

Act Appearing in Ga. L. 1939, p. 511 et. seq.; And for Other Purposes. This 2nd day of July, 1974. E. S. Sell, Jr. County Attorney Georgia, Bibb County. Personally appeared before me, a notary public within and for above state and county, Sandy Cochran, 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: July 12, 19, 26. /s/ Sandy Cochran Sworn to and subscribed before me, this 26 day of July, 1974. /s/ Peter S. Bikus Notary Public, Bibb County, Georgia. My Commission Expires March 22, 1975. Filed in Office of Secretary of State September 5, 1974. HALL COUNTYCOUNTY DEPOSITORIES PROVISIONS CHANGED. A Resolution. A Resolution to amend local act of the General Assembly of Georgia, Ga. L. of 1919, p. 664, entitled Hall, Treasurers Office abolished; depositories provided for, so as to strike these parts which provide for the appointment of some bank or banks, to receive and disburse the funds of Hall County and to prescribe the duties of said bank or banks,

Page 4740

in receiving and disbursing county funds, and for other purposes. Whereas, the Constitution of the State of Georgia grants legislative power to the Board of Commissioners of Hall County, Georgia, to adopt a Resolution to amend local acts of the General Assembly applicable to its governing authority, Article XV, Home Rule, Section II A (section 2-8402 of the Code of Georgia) of the Constitution of the State of Georgia. Now, therefore, be it resolved by the Board of Commissioners of Hall County, Georgia, and it is hereby Resolved by the authority of the same that the local Act of the General Assembly of Georgia, Ga. L. of 1919, p. 664, entitled Hall County Treasurers Office Abolished; Depositories provided For be and is hereby amended as follows: One. Section Two (2) is stricken in its entirety. Said Section reads as follows: It shall be the duty of the Commissioners of Roads and Revenues in and for said county, as a board, at the regular meeting on the second Monday in December, 1920, and annually thereafter, to designate some bank or banks in said County of Hall to act as a depository or depositories and disbursing agent or agents of and for the public funds of said county, to receive and disburse all county funds that are generally received and disbursed by county treasurer as now provided by law, provided said Board of County Commissioners shall designate only such bank or banks as will comply with all the provisions of this Act, and after competitive bids, and to that bank or banks that will pay the highest rate of interest for the county funds so deposited, which interest shall be computed on the average daily balances, and said bank or banks to be eligible shall give a good and sufficient bond in such sum as may be fixed by said Board of County Commissioners, in some approved indemnity company, and the premium or premiums on such bond or bonds shall be paid from the funds of said county. Said bank or banks designated as a

Page 4741

depository shall not receive any commission or compensation for receiving or disbursing the funds of said county, and shall keep all checks, vouchers and warrants on file subject to the inspection of the grand jury, or its authorized agents, and the Board of Commissioners of said county. Two. Section Three (3) is stricken in its entirety. Said section reads as follows: It shall be the duty of each such bank or banks acting as a county depository under the provisions of this Act, to: 1. Pay without delay, when it has sufficient funds belonging to said county, any check or warrant properly drawn on the county funds held by it, and all jury script issued by the Clerk of the Superior Court of said county, as they are presented by the proper holders thereof. 2. To keep a well-bound book in which shall be entered all receipts of money, from whom it was received and on what account, and all moneys paid out, and the number of the checks on warrant paid, and to whom it was payable. Three. Section Four (4) is stricken in its entirety. Said section reads as follows: All books and stationery required to comply with the provisions of this Act shall be furnished at the expense of the County, and when full shall be filed in the office of the Ordinary of said county, to become a part of the public records. Four. Section Five (5) is stricken in its entirety. Said Section reads as follows: If for providential or other reason the meeting of said Board of County Commissioners should not be held in December of any year, then it shall be the duty of the Chairman of said Board to call a meeting of said Board at as early a date as practicable, and to give notice in

Page 4742

some gazette published in the City of Gainesville, of the date of said meeting, the same to be for the purpose of designating some bank or banks to act as depository as herein provided upon competitive bids. Five. Section Six (6) is stricken in its entirety. Said section reads as follows: When this Act goes into effect it shall be the duty of the County Treasurer of the County of Hall to pay over all funds held by him to the depository or depositories designated under the provisions thereof, and in the proportion as may be designated by the Commissioners of Roads and Revenues, and it shall be the duty of all persons holding funds belonging to the said County of Hall to pay the same over to one of said banks, in the same manner that they would now be required by law to pay the same to the county treasurer and a receipt from a properly designated depository as herein provided shall relieve all persons holding funds of said county from any further liability on account thereof. Six. Section Seven (7) is stricken in its entirety. Said section reads as follows: Should the time ever come when there is no bid by any bank for the funds of said county, then the Commissioners of Roads and Revenues, or other officers having charge of county matters, shall have the right to designate some good and solvent bank to act as depository without interest, subject to the provisions of this Act. Seven. Section Eight (8) is stricken in its entirety. Said section reads as follows: Be it further enacted that should the time ever come when there is no bid for the funds of said county, under the provisions of this Act, and there is no bank willing to accept the funds of said county and act as a depository as provided in Section 7 of this Act, then the Commissioners of Roads and Revenues of said county shall be and they are hereaby authorized to appoint some suitable

Page 4743

person to act as County Treasurer in receiving and disbusing the funds of said county at a salary not to exceed $300.00 upon his giving bond and good and sufficient security as is now provided by law for the bonding of a County Treasurer. Eight. Section Nine (9) is stricken in its entirety. Said section reads as follows: Be it further enacted that Commissioners of Roads and Revenues at their regular meeting in December when designating a county depository under the provisions of this Act, shall record on their minutes the full details of each bid made by any bank in said county for the funds thereof and the conditions upon which any bank submitting a bid is willing to assume the abligations of a depository under the provisions hereof. Nine. Section Ten (10) is stricken in its entirety. Said section reads as follows: All laws and parts of laws in conflict with this Act are hereby repealed. Ga. L. of 1919, pp. 665-667. Ten. When amended said Act of 1919, p. 664, shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the office of County Treasurer of the County of Hall, said State, be and the same is hereby abolished, to take effect on and after the first day of January, 1921.

Page 4744

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. This 22nd day of July, 1974. Board of Commissioners, Hall County, Georgia By: /s/ Terrell A. Philyaw, Chairman /s/ Ralph Hurley /s/ Charles Strong, Sr. /s/ Henry L. Waters /s/ Donald Whitmire Notice. Board of Commissioners, Hall County, Georgia. Resolution of said Board to amend local act of the General Assembly of Georgia, L. 1919, p. 664, entitled, Hall Treasurers Office abolished; depositories provided for: A copy of the above Resolution to amend a local Act of the General Assembly of Georgia, Laws of 1919, p. 664, entitled Hall Treasurers Office Abolished; Depositories Provided For is on file in the Clerk's Office of the Superior Court of Hall County, Georgia, for the purpose of examination and inspection by the public. The Clerk of said Court will furnish anyone, upon written request, a copy of said Resolution to amend. Synopsis of the Proposed Amendment. Said Resolution will strike all the parts of the Act of 1919, p. 664, which provides for the appointment of some bank or banks, to receive and disburse the funds of Hall County and the duties of said bank, or banks, in receiving and disbursing County funds.

Page 4745

When said Act is amended the general laws of the State of Georgia will control as to selection of a bank, or banks, to act as depositories of County funds and to receive and disburse County funds. That part of said Act which abolishes the County Treasurer will not be amended. Board of Commissioners, of Hall County, Georgia By: /s/ Terrell A. Philyaw Chairman Georgia, Hall County. In person before the undersigned attesting officer appeared Jean Failyer, who on oath says that she is the publisher of The Gainesville Tribune, the official organ of Hall County, Georgia, and that notice of the Resolution to amend a local Act of the General Assembly of Georgia, Laws of 1919, page 664, was published in said newspaper in the issues of June 12, 19, 26, 1974. /s/ Jean Failyer Publisher, Gainesville Tribune Gainesville, Georgia 30501 Sworn to and subscribed before me, this 22 day of August, 1974. /s/ Elizabeth N. Smith My Commission expires May 5, 1978. (Seal). Certification. I, Sylvia G. Cooper, Clerk of the Board of Commissioners, Hall County, Georgia do hereby certify that the attached Resolution is a true copy of the original Resolution as it appeared on file in the Minutes of the Board of Commissioners, Hall County, Georgia.

Page 4746

I further certify that said Resolution was duly adopted by the Board of Commissioners at two regular consecutive meetings of the Board of Commissioners held on July 8, and July 22, 1974. So certified under my hand and seal of the Board of Commissioners, Hall County, Georgia this 21st day of August, 1974. /s/ Sylvia G. Cooper Clerk of the Commission (Seal). Filed in Office of Secretary of State August 28, 1974. PULASKI COUNTYCLERK OF COMMISSIONERSACT REPEALED. Resolution of Repeal. Whereas, Article XV of the Constitution of Georgia styled Home Rule Section II, Paragraph one designated Home Rule For Counties provides that governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Further that local laws may be amended or repealed by a procedure set forth in sub-paragraph (b) 1. whereby a repeal resolution may be adopted at two regular consecutive meetings of the County governing authority not less than seven (7) nor more than sixty (60) days apart and a notice containing a synopsis of the proposed amendment or repeal be published in the official County organ and, after this procedure is followed, such local laws which are to be amended or repealed shall then be so amended or repealed, and Whereas, the 1960 session of the Georgia Legislature passed a certain local act relating to the salary of the

Page 4747

Clerk of the County Commissioner of Pulaski County, Georgia, wherein the salary of said Clerk was set at Three Thousand ($3,000.00) Dollars per year, said act being amended under the provisions of the Home Rule For Counties Act on two subsequent occasions, and Whereas, the Commissioner of Pulaski County deems it advisable to place the Clerk of said Commissioner of Pulaski County under the direction and control of said Commissioner of Pulaski County so as to direct her duties and responsibilities and to set compensation for said Clerk; Now, by the authority vested in me under the provisions of the laws herein referred to, it is hereby resolved that the Act of the 1960 session of the Georgia Legislature relating to the employment and compensation of a Clerk for the Commissioner of Pulaski County is hereby repealed. The Commissioner of Pulaski County does repeal in its entirety said act which is contained in the Georgia Laws of 1960, Volume Two, pages 301-304. The Commissioner of Pulaski County shall hereinafter be authorized to employ a Clerk on such terms and conditions and shall direct said Clerk's duties and responsibilities as to provide for the efficient and competent running of the office of Commissioner of Pulaski County. Be it further resolved that notice of this repeal of the local law hereinabove referred to to contain a synopsis of said proposed repeal be published in the Hawkinsville Dispatch and News, the official organ of Pulaski County, once a week for three (3) weeks and a copy hereof filed in the Office of the Clerk of Superior Court of Pulaski County, Georgia, all as provided by law. Done in open meeting this February 12, 1974. /s/ John H. Anderson, Jr. Commissioner of Pulaski County

Page 4748

Read, considered and adopted first time, February 12, 1974. /s/ John H. Anderson, Jr. Commissioner of Pulaski County Read, considered and adopted second time, March 12, 1974. /s/ John H. Anderson, Jr. Commissioner of Pulaski County I certify that the within and foregoing represents a true and correct copy of the minutes of Pulaski County, Georgia. This 8th day of April, 1974. /s/ Murielda B. Wynne Clerk to Commissioner Georgia, Pulaski County. Personally appeared before me the undersigned attesting officer was Charlie Southerland, who, after being duly sworn, deposes and says on oath that he is the publisher of the Hawkinsville Dispatch and News, the official organ of Pulaski County, Georgia, and that the legal ad below ran in said newspaper for three (3) consecutive weeks in the editions of February 20, February 27, and March 6, 1974. Legal Ads Notice is hereby given that at the regular meeting of the Commissioner of Pulaski County, Georgia, held on January 8, 1974, a resolution was passed and adopted to repeal the act of the 1960 session of the Georgia Legislature and as amended by resolution of the Commissioner of

Page 4749

Roads and Revenues on February 6, 1967, and on July 6, 1971 pursuant to powers granted to the Commissioner by the Home Rule for Counties Constitutional Amendment as lawfully adopted. Said Repeal Resolution being enacted so as to allow the Commissioner of Pulaski County to set the salary of the Clerk of the Commission without resort to local legislation since said Home Rule for Counties now authorizes such authority. A copy of said resolution and Amendment is on file in the office of the Clerk of Pulaski County Superior Court where the public may examine same. This February 12, 1974. John H. Anderson, Jr. Commissioner of Pulaski County /s/ Charlie Southerland Publisher (Seal). Sworn to and subscribed before me, this 5th day of April, 1974. /s/ J. John Hall Notary Public, Georgia My Commission expires Nov. 9, 1974. Filed in office of Secretary of State April 12, 1974.

Page 4751

CHARTER AMENDMENTS ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED

Page 4752

CITY OF ALBANYCERTAIN SALE OF LAND AUTHORIZED. An Ordinance entitled an Ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, so as to authorize and provide for the sale by the City of Albany of five acres of land presently used for land fill and for park and recreational purposes; repealing ordinances and/or charter provisions and/or parts of ordinances and/or charter provisions in conflict; and for other purposes. Whereas, The City of Albany, Georgia owns certain real property which has in the past been used for land fill and for park and recreational purposes; and, Whereas, a certain portion of said property consisting of five acres of land hereinafter more particularly described is no longer needed or necessary for land fill purposes or park and recreational purposes; and, Whereas, the Boy's Club of Albany desires to purchase said five acre tract of land for the purpose of conducting its program thereon; Now, therefore, be it ordained by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by the authority of same: Section 1. The City of Albany is authorized to sell and dispose of the following tract of land formerly used for land fill purposes and for park and recreational purposes. That tract or parcel of land situate lying and being in Dougherty County, Georgia, and being more particularly described as follows: Commence at the southeast corner of the intersection of South Jackson Street and Cedar Avenue in the City of Albany, Georgia, and run thence due east along the south right-of-way of Cedar Avenue and said right-of-way of Cedar Avenue as extended if same continued due east a distance

Page 4753

of 180 feet to a point, and from this as a point of beginning, continue due east a distance of 466.67 feet to a point; thence run due south a distance of 466.67 feet to a point; thence run due west a distance of 466.67 feet to a point; thence run due north 466.67 feet to the point of beginning. Said tract of land contains five acres more or less. 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. Section 3. All ordinances and/or charter provisions and/or parts of ordinances and/or charter provisions in conflict herewith are repealed. /s/ James H. Gray, Sr. Mayor Attest: /s/ Barbara Gerald Clerk Adopted first time: May 28, 1974. Adopted second time: June 11, 1974. June 13, 1974 I do hereby certify that the following is a true and correct copy of Ordinance No. 2054 adopted by the Board of Commissioners of the City of Albany, Georgia, on June 11, 1974. /s/ Barbara Gerald City Clerk (Seal).

Page 4754

Exhibit A Legal Notice. City of Albany Proposed Home Rule Ordinance Notice is given that there has been filed with the Clerk of the City fo Albany, Georgia, an ordinance proposing to authorize the City of Albany to dispose of and sell a certain five acre tract of real property formerly used for land fill purposes and for park and recreational purposes. 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 at either of said places for the purpose of examination or inspection by the public. City of Albany, Georgia By James V. Davis City Attorney 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/treas. 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 weeks on the following dates: May 2, 9 and 16, 1974. /s/ Barbara Jones

Page 4755

Sworn to and subscribed before me, this 14 day of May, 1974. /s/ Mary Anne Poole Notary Public My Commission expires October 10, 1976. Filed in office of Secretary of State June 19, 1974. CITY OF ALBANYCHARTER AMENDEDAUTHORITY OF CITY MANAGER CHANGED. An Ordinance entitled an ordinance adopted under the provisions of The Municipal Home Rule Act of 1965, as amended, amending the charter of the City of Albany, Georgia, so as to enlarge the authority of the city manager to enter into contracts and/or to make purchases for the City of Albany without prior approval of the Board of City Commissioners of the City of Albany from $1,000 to $5,000; repealing prior ordinances and/or charter provisions and/or parts of ordinances and/or parts of charter provisions in conflict; 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 same: Section 1. Sec. 4. (d) of the Charter of the City of Albany, Georgia, is amended by changing the words and figures one thousand dollars ($1,000.00) in the next to last line of sub-paragraph (8) thereof to five thousand dollars ($5,000.00), and by changing the words and figures one thousand dollars ($1,000.00) in the eight line and in the fifteenth line of sub-paragraph (14) thereof to five thousand dollars ($5,000.00) so that said two sub-paragraphs of Sec. 4. (d), as amended, shall read as follows: (8) To make and execute all lawful contracts on behalf of the city as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance passed

Page 4756

by the commission; provided, that no contract purchase or obligation involving over five thousand dollars ($5,000.00) shall be valid and binding until after approval of the commission.*** (14) The city manager shall be the purchasing agent for the city by whom all the purchases of supplies for departments under his control, as well as those for the fire and police departments, as hereinbefore provided, and all contracts for printing shall be made, as hereinbefore provided, and he shall approve all vouchers for same; provided, that all contracts or agreements made by him requiring the expenditure of money to the amount of five thousand dollars ($5,000.00) or more shall be approved by the board of city commissioners. In the capacity of purchasing agent he shall conduct all sales of personal property which the commission may authorize to be sold, and which have become unnecessary or unfit for the city's use; all purchases and sales shall conform to such regulations as the city commissioners may from time to time prescribe, but in any case, if an amount in excess of five thousand dollars ($5,000.00) be involved, opportunity for competition shall be given after reasonable advertisement thereof. 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 compliance with all of the provisions of the municipal Home Rule Act of 1965. Section 3. All ordinances and/or charter provisions and/or parts of ordinances and/or parts of charter provisions in conflict herewith are repealed. /s/ James H. Gray, Sr. Mayor Attest: /s/ Barbara Gerald Clerk

Page 4757

Adopted first time: 8-13-74. Adopted second time: 8-27-74. August 28, 1974 I do hereby certify that the following is a true and correct copy of Ordinance No. 2084 adopted by the Board of Commissioners of the City of Albany, Georgia, on August 27, 1974. /s/ Barbara Gerald City Clerk 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 4 (d) of the Charter of the City of Albany, Georgia, so as to enlarge the authority of the City Manager to let contracts and/or make purchases without prior approval of the Board of Commissioners of the City of Albany, Georgia, from One Thousand Dollars ($1,000.00) to Five Thousand Dollars ($5,000.00). 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 at either of said places for the purpose of examination or inspection by the public. City of Albany, Georgia By: James V. Davis City Attorney Georgia, Dougherty County. Personally appeared before the undersigned, an officer authorized to administer oaths in said state and county,

Page 4758

Geoffrey L. Gray who having been sworn, states that he is Adv. 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 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 weeks on the following dates: July 15, 22, 29, 1974. /s/ Geoffrey L. Gray Sworn to and subscribed before me, this 7th day of August, 1974. /s/ Pauline Black Notary Public My Commission expires May 27, 1977. (Seal). Filed in office of Secretary of State August 30, 1974. CITY OF ALBANYCHARTER AMENDEDPENSION BOARD OF TRUSTEES. An Ordinance entitled an Ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, amending the pension laws of the City of Albany, being an Act approved February 16, 1943, (Ga. L. 1943, p. 1154), as amended from time to time, so as to alter and change the provisions and the powers of the board of trustees with respect to investments, with respect to the employment of custodians, agents and advisors; repealing prior laws and parts of laws and ordinances and parts of ordinances in conflict herewith; 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 same:

Page 4759

Section 1. The Pension Law of the City of Albany, Act No. 105 of 1943, approved February 16, 1943, (Ga. L. 1943, p. 1154), as amended from time to time, is further amended by striking Section 8 of said Act, as amended from time to time, and ordaining in lieu thereof a new Section 8 to read as follows: Section 8. Money in the pension fund which in the judgment of the Board of Trustees is not needed for immediate use may be invested and reinvested in such properties, bonds, stocks, contracts, or other securities as shall from time to time be deemed advisable by the Board, without regard to any law now or hereafter in force limiting investments by trustees. All such properties, bonds, stocks, contracts or other securities may, at the discretion of the Board, be placed in the hands of a custodian for safekeeping and accounting. The Board of Trustees may from time to time change said investments of said funds, and to this end may make sales of any investment privately, without advertisement and without the necessity of any order of court, and upon such terms as the Board deems proper. The Board of Trustees may employ from time to time investment counselors, money managers, financial advisors, and/or other agents to assist in the performance of the duties of the Board of Trustees. The fees of any such investment counselors, money managers, financial advisors, and/or other agents shall be charged to the fund. The Board may give such investment counselors, money managers, financial advisors, and/or other agents discretionary or non-discretionary powers, and may give to them, subject to such limitations and restrictions as the Board shall establish, full power and authority to make the same investments as said Board is authorized by this section to make. The Board of Trustees shall have the power to authorize any such investment counselors, money managers, financial advisors, and/or other agents to transfer all or part of the pension fund to any group trust or pooled fund maintained by them for the purpose of pooling the funds of pension and profit sharing plans managed by them and such portion of the pension fund so transferred shall be held subject to all

Page 4760

the terms and conditions of the Declaration of Trust or other instrument creating such group trust. The Board of Trustees shall have the power to direct such investment counselors, money managers, financial advisors, and/or other agents from time to time to withdraw from any such group trust or pooled fund all or such part of the pension fund as the Board of Trustees may deem advisable. The Board of Trustees is authorized to execute, in connection with the transfer of the pension fund to any group trust any Declaration of Trust, agency agreement, or other agreement or instrument necessary to accomplish that purpose consistent with the provisions of this section. 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. Section 3. All ordinances, laws, and/or charter provisions and/or parts of ordinances, laws, and/or charter provisions in conflict herewith are repealed. /s/ James H. Gray, Sr. Mayor Attest: /s/ Barbara Gerald Clerk Adopted first time: April 23, 1974. Adopted second time: May 14, 1974. May 16, 1974 I do hereby certify that the following is a true and correct copy of Ordinance No. 2038 adopted by the Board of Commissioners of the City of Albany, Georgia, on May 14, 1974. /s/ Barbara Gerald City Clerk (Seal).

Page 4761

Legal Notice. City of Albany Proposed Amendments to Pension Laws 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 the pension laws of the City of Albany so as to alter and change the provisions and the powers of the Board of Trustees with respect to investments, and with respect to the employment of custodians, agents and advisors; repealing prior laws and parts of laws and ordinances and parts of ordinances in confict herewith; and for other purposes. 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 at either of said places for the purpose of examination or inspection by the public. City of Albany Georgia By James V. Davis City Attorney 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 she 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

Page 4762

the Albany Herald once a week for three weeks on the following dates: April 9, 16, 23, 1974. /s/ Barbara Jones Sworn to and subscribed before me, this 17th day of May, 1974. /s/ Pauline Black Notary Public (Seal). Filed in office of Secretary of State May 20, 1974. CITY OF ALBANYCHARTER AMENDEDPENSION LAWS AMENDED. An Ordinance entitled an ordinance adopted under the provisions of The Municipal Home Rule Act of 1965, amending the pension laws of the City of Albany, being an Act approved February 16, 1943 (Ga. L. 1943, p. 1154), as amended from time to time by legislative enactment and by the adoption of ordinances under the Municipal Home Rule Act, so as to permit employees of Artesian City Federal Credit Union to participate in the City of Albany pension trust; repealing prior ordinances, laws and/or charter provisions and/or parts of ordinances, laws and/or charter provisions in conflict; 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 same: Section 1. The pension laws of the City of Albany, Act. No. 105 of 1943, approved February 16, 1943 (Ga. Laws, 1943, p. 1154), as amended from time to time by legislative enactment and by adoption of ordinances under the Municipal Home Rule Act of 1965, are further amended by adding at the end of Section 1 of said Act No. 105 as amended the following paragraph:

Page 4763

From and after September 1, 1974, all employees of Artesian City Federal Credit Union or its successors shall be eligible to participate in the City of Albany pension trust upon the same terms and conditions as employees of the City of Albany, upon the condition that Artesian City Federal Credit Union or its successors pay into the pension trust on behalf of each such employee participating in the pension trust an amount equal to the amount which the City of Albany from time to time pays on behalf of its own employees. Persons who are employees of Artesian City Federal Credit Union on September 1, 1974, shall be eligible for participation as if they were first employed on September 1, 1974, and their rights, benefits and obligations shall be measured and determined from that date. Section 2. This amendment shall become effective September 1, 1974. Section 3. All ordinances, laws and/or charter provisions and/or parts of ordinances, laws and/or charter provisions in conflict herewith are repealed. /s/ James H. Gray, Sr. Mayor Attest: /s/ Barbara Gerald Clerk Adopted first time: July 23, 1974. Adopted second time: August 13, 1974. August 14, 1974 I do hereby certify that the following is a true and correct copy of Ordinance No. 2080 adopted by the Board of Commissioners of the City of Albany, Georgia, on August 13, 1974. /s/ Barbara Gerald City Clerk

Page 4764

Legal Notice. City of Albany Proposed Amendment to Pension Laws 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 the pension laws of the City of Albany so as to include as employees of the City of Albany qualified to participate in the pension trust of the City of Albany employees of the Artesian City Federal Credit Union. 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 at either of said places for the purpose of examination or inspection by the public. City of Albany, Georgia By: James V. Davis City Attorney 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 she 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 weeks on the following dates: June 26, July 3, 10, 1974. /s/ Barbara Jones

Page 4765

Sworn to and subscribed before me, this 12th day of July, 1974. /s/ Pauline Black Notary Public (Seal). Filed in office of Secretary of State August 16, 1974. CITY OF ALBANYCHARTER AMENDEDPENSION PLAN. An Ordinance entitled an ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, amending the pension laws of the City of Albany, being an act approved February 16, 1943 (Ga. L. 1943, p. 1154), as amended from time to time, so as to provide and extend eligibility to participate in the City of Albany Pension Funds to employees of the City of Albany who are transferred to Dougherty County or another political subdivision within Dougherty County; to authorize the Board of Commissioners of the City of Albany in its discretion to increase the amounts to be contributed to the pension fund by the employees of the City of Albany; to authorize the board of Trustees of the City of Albany pension fund to employ agents to assist in the performance of their duties; to permit transfer of pension funds to any group trust or pooled fund maintained by such agent under certain circumstances and conditions; to enter into trust agreements pertaining to funds transferred to such group trust or pooled fund; to repeal conflicting laws; 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 same: Section 1. The pension law of the City of Albany, Act. No. 105 of 1943 approved February 16, 1943 (Ga. L. 1943, p. 1154), as amended from time to time, is further amended as follows:

Page 4766

1. By adding at the end of Section 2 of said Act a new and additional paragraph to read as follows: Employees of the City of Albany, who, while qualified and participating in the City of Albany Pension Fund, are transferred to and become employees of Dougherty County or a political subdivision within Dougherty County pursuant to a plan of cooperation, division and/or sharing of functions and responsibilities between the City of Albany and Dougherty County or such political subdivision, shall remain fully qualified to participate in the Pension Fund of the City of Albany, Georgia, for the duration of such employment, subject to the laws, rules and regulations governing the Pension Fund, and subject to the condition that Dougherty County and/or the political subdivision in Dougherty County employing such transferred employee of the City of Albany, shall pay into the Pension Fund, on behalf of any such employee electing to continue participation in the Pension Fund, an amount equal to the amount which the City of Albany from time to time pays on behalf of its own employees. 2. By adding at the end of section 5 of said Act as amended a new paragraph to read as follows: The Board of Commissioners shall have the authority, in its discretion, any time on or after July 1, 1974, to increase the amount of tax on the salaries of its employees as herein provided up to but not in excess of 4% of the gross earnings of each employee, without regard to the social security wage base, and shall also have, in its discretion, authority to increase the contribution of the City of Albany to the Pension Fund up to but not in excess of an amount equal to 6.9% of the gross earnings of those employees participating in the Pension Plan without regard to the social security wage base. The Board of Commissioners of the City of Albany shall have the further authority, in its discretion, on or after July 1, 1975, to increase the amount of tax on the salaries of its employees up to but not in excess of 5.5% of the gross earnings of such employee without regard to the social security wage base, and to increase the contribution of the City of Albany to said fund up to but not in

Page 4767

excess of an amount equal to 8.9% of the gross earnings of those employees participating in the Pension Plan without regard to the social security wage base. 3. By adding at the end of section 8 of said Act as amended a new paragraph to read as follows: The Board of Trustees shall be authorized to employ from time to time agents to assist in the performance of the duties of the Board of Trustees. The Board of Trustees shall have the power to authorize any such agent to transfer all or part of the Pension Fund to any group trust or pooled fund maintained by such agent for the purpose of pooling the funds of pension and profit sharing plans managed by such agent and such portion of the Pension Fund so transferred shall be held subject to all the terms and conditions of the Declaration of Trust or other instrument creating such group trust. The Board of Trustees shall have the power to direct the agent from time to time to withdraw from any such group trust or pooled fund all or such part of the Pension Fund as the Board of Trustees may deem advisable. The Board of Trustees is authorized to execute, in connection with the transfer of the Pension Fund to any group trust any Declaration of Trust, agency agreement, or other agreement or instrument necessary to accomplish that purpose consistent with the provisions of this section. 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. Section 3. All ordinances, laws, and/or charter provisions and/or parts of ordinances, laws, and/or charter provisions in conflict herewith are repealed. /s/ James H. Gray, Sr. Mayor Attest: /s/ Barbara Gerald Clerk

Page 4768

Adopted first time: February 26, 1974. Adopted second time: March 12, 1974. March 20, 1974. I do hereby certify that the following is a true and correct copy of Ordinance No. 1998 adopted by the Board of City Commissioners of the City of Albany, Georgia, on March 12, 1974, and February 26, 1974. /s/ Barbara Gerald City Clerk Legal Notice. City of Albany Proposed Amendment to Pension Laws 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 the pension laws of the City of Albany so as to provide and extend eligibility to participate in the City of Albany Pension Fund to employees of the City of Albany who are transferred to Dougherty County or another political subdivision within Dougherty County; to authorize the Board of Commissioners of the City of Albany in its discretion to increase the amounts to be contributed to the Pension Fund by the employees of the City of Albany; to authorize the Board of Trustees of the City of Albany Pension Fund to employ agents to assist in the performance of their duties; to permit transfer of pension funds to any group trust or pooled fund maintained by such agent under certain circumstances and conditions; to enter into trust agreements pertaining to funds transferred to such group trust or pooled fund; to repeal conflicting laws; and for other purposes. 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

Page 4769

at either of said places for the purpose of examination or inspection by the public. City of Albany By Barbara Gerald Georgia, Dougherty County. Personally appeared before the undersigned, an officer authorized to administer oath in said state and county, Geoffrey L. Gray, who having been sworn, states that (s) he is Advertising 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 weeks on the following dates: January 8, 15, 22, 1974. /s/ Geoffrey L. Gray Sworn to and subscribed before me, this 18th day of March, 1974. /s/ Pauline Black Notary Public. My Commission expires May, 27, 1977. (Seal). Filed in office of Secretary of State March 27, 1974. CITY OF ATLANTACHARTER AMENDEDCERTAIN ASSESSMENTS AGAINST REAL ESTATEORDINANCE PROVISIONS MADE. An Ordinance. An ordinance to amend section 2-402(a) of the charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March

Page 4770

16, 1973), so as to provide that ordinances may be adopted on the same date on which introduced when such ordinances relate to assessments against abutting real estate for costs of constructing, paving or otherwise improving streets, sidewalks, gutters and/or curbing, ordinances relating to assessments against abutting real estate for costs of laying and constructing sewers or drains in streets, and ordinances relating to assessments against real estate for costs of laying or constructing sewers or drains through or upon said real estate; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the council of the City of Atlanta, as follows: Section 1. That section 2-402(a) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), is hereby amended by striking Section 2-402(a) in its entirety and by substituting in lieu thereof the following: 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 obligation bonds, revenue bonds, and special assessment bonds, ordinances relating to assessments against abutting real estate for the costs of constructing, paving or otherwise improving streets, sidewalks, gutters and/or curbing, ordinances relating to assessments against abutting real estate for the costs of laying and constructing sewers or drains in streets, and ordinances relating to assessments against real estate for the costs of laying or constructing sewers or drains through or upon said real estate. Section 2. That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the Office of the Clerk or Council and in the Office of the Clerk of the Superior Court of Fulton County and DeKalb County

Page 4771

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 Council. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Adopted by the City Council Oct. 7, 1974. Approved by the Mayor Oct. 10, 1974. A true copy /s/ J. J. Little Clerk of Council Exhibit A Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend section 2-402(a) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), so as to provide that ordinances may be adopted on the same date on which introduced when such ordinances relate to assessments against abutting real estate for costs of constructing, paving or otherwise improving streets, sidewalks, gutters and/or curbing, ordinances relating to assessments against abutting real estate for costs of laying and constructing sewers or drains in streets, and ordinances relating to assessments against real estate for costs of laying or constructing sewers or drains through or upon said real estate; 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 Clerk of the Council of the City of Atlanta and the Office of the Clerk of the Superior Court of

Page 4772

Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 6th day of September, 1974. J. J. Little Clerk of Council City of Atlanta Georgia, County of Fulton. Personally appeared before me, the undersigned Notary Public, Jody Hudson who after being duly sworn states under oath that she is the Advertising Accounting Clerk of Atlanta Newspapers, Proprietors of The Atlanta Journal, (Daily, Evening), and 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 September 6, 13, 20, 1974. /s/ Jody Hudson Advertising Accounting Sworn to and subscribed before me, this 27 day of September, 1974. /s/ Charles L. Wilson Notary Public, Georgia, State at Large. My Commission Expires June 25, 1978. Filed in office of Secretary of State November 12, 1974. CITY OF ATLANTACHARTER AMENDEDCERTAIN IN REM PROCEEDINGS AGAINST CERTAIN PROPERTYORDINANCE ADOPTION PROVISIONS MADE. An Ordinance. An Ordinance to amend the charter of the City of Atlanta (Ga. L. 1973, p. 2188, Act No. 53, approved March 16,

Page 4773

1973, and in particular section 2-402(a) thereof, so as to provide that ordinances enacted pursuant to in rem proceedings against dwellings, buildings and structures unfit for human habitation or occupancy may be adopted on the same date on which it is introduced; to repeal conflicting laws and for other purposes. Be and it is hereby enacted by the council of the City of Atlanta, as follows: Section 1. That section 2-402(a) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, Act No. 53, approved March 16, 1973, as amended), is hereby amended by striking said subsection (a) of section 2-402 and inserting in lieu thereof the following subsection (a): (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 obligation bonds, revenue bonds, and special assessment bonds, ordinances relating to assessments against abutting real estate for the costs of constructing, paving or otherwise improving streets, sidewalks, gutters and/or curbing, ordinances relating to assessments against abutting real estate for the costs of laying and constructing sewers or drains in streets, ordinances relating to assessments against real estate for the costs of laying or constructing sewers or drains through or upon said real estate; or to any ordinance enacted pursuant to Article III entitled In Rem Proceedings Against Dwellings, Buildings and Structures Unfit for Human Habitation or Occupancy of the Code of Ordinances of the City of Atlanta, the same being sections 15-44 through 15-55 and in particular section 15-51. 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 Council and in the Office of the Clerk of the Superior Court of Fulton County and DeKalb County and that the Notice of Proposed Amendment to the Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this Ordinance, be published once a week

Page 4774

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 Council. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Adopted by City Council Nov. 18, 1974. Approved by the Mayor Nov. 26, 1974. A true copy /s/ J. J. Little Clerk of Council Exhibit A Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, Act No. 53, approved March 16, 1973, and in particular section 2-402(a) thereof), so as to provide that ordinances enacted pursuant to In Rem proceedings against dwellings, buildings and structures unfit for human habitation or occupancy may be adopted on the same date on which it is introduced; 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 25th day of October, 1974. J. J. Little, City Clerk City of Atlanta

Page 4775

Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Ozina A. Kendall, who after being duly sworn states under oath that she is the Advertising Accounting Clerk of Atlanta Newspapers, Proprietors of the Atlanta Journal, (Daily, Evening), and The Atlanta Constitution, (Daily, Morning), and The Atlanta Journal and The Atlanta Constitution, (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on October 25, 1974; on November 1, 1974; and on November 8, 1974. /s/ Ozina A. Kendall Advertising Accounting Sworn to and subscribed before me, this 11th day of November, 1974. /s/ Charles L. Wilson Notary Public, Georgia, State at Large. My Commission Expires June 25, 1978. Filed in office of Secretary of State, December 5, 1974. CITY OF ATLANTACHARTER AMENDEDEFFECTIVE DATE OF SALARY CHANGES PROVIDED. An Ordinance. An Ordinance to amend the charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), so as to amend section 2-307 by repealing the effective date of any such salary change so that any salary change will become effective upon approval of an ordinance changing such salary rather than at the next regular election following such change; so as to provide for the publication in a newspaper of general circulation with respect to such

Page 4776

proposed increases; to repeal conflicting laws; and for other purposes. Be and it is hereby enacted by the council of the City of Atlanta, as follows: Section 1. That section 2-307 of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, is hereby amended by repealing from said section the following words: of the commencement of terms of the Mayor, President of Council and Council 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. and by substituting in lieu thereof the following: of the approval of the ordinance changing such salary. so that said section when so amended shall read as follows: 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 approval of the ordinance changing such salary. Section 2. That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the Office of the Clerk of Council and in the Office of the Clerk of the Superior Court of Fulton County and DeKalb County and that 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 and the official organ of Fulton County

Page 4777

and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Council of the City of Atlanta and provided that such final adoption shall only take place during the week immediately succeeding the week in which the last advertisement was published. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Adopted by City Council October 7, 1974. Returned to Clerk of Council, by Mayor, without approval October 16, 1974. Approved per Section 2-403 of the 1974 City Charter. A true copy, /s/ J. J. Little Clerk of Council Exhibit A Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), so as to amend section 2-307 in order to repeal the effective date of any salary change in the annual salary of the Mayor, President of the Council, and Council members; so as to make any such salary change effective upon the approval of the ordinance providing for such change; 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 Clerk of Council of the City of Atlanta and the office of the Clerk of the Superior Court of

Page 4778

Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 6th day of September, 1974. J. J. Little, Clerk of Council City of Atlanta Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Jody Hudson, who after being duly sworn states under oath that she is the Advertising Accounting Clerk, of Atlanta Newspapers, Proprietors of The Atlanta Journal, (Daily, Evening), and 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, September 6, 13, 20, 1974. /s/ Jody Hudson Advertising Accounting Sworn to and subscribed before me, this 27 day of September, 1974. /s/ Charles L. Wilson Notary Public, Georgia, State at Large. My Commission expires June 25, 1978. Filed in office of Secretary of State November 12, 1974. CITY OF ATLANTACHARTER AMENDEDMEMBERSHIP OF APPROPRIATIONS COMMITTEE EXPANDED. An Ordinance. An ordinance to amend section 6-302(a) of the charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved

Page 4779

March 16, 1973) for the purpose of expanding the membership of the appropriations committee; to repeal conflicting laws; and for other purposes. Whereas, section 6-302 of the City Charter of the City of Atlanta, Georgia, authorizes and prescribes the powers, duties, liability, and membership composition of the Appropriations Committee; and, Whereas, on March 4, 1974, City Council adopted, and on March 7, 1974, the Mayor approved, an Ordinance governing the General Organization of the Executive Branch of City Government, which Ordinance provided for the creation of a Department of Budget and Planning administered by a Commissioner; and, Whereas, the Commissioner of the Department of Budget and Planning has been vested with the duty and responsibility of coordinating the planning functions of the City with the budget processes of the City to the fullest possible extent; and, Whereas, it is desirable and in the public interest that the membership composition of the Appropriations Committee be amended so as to add thereto the Commissioner of Budget and Planning as a non-voting member. Now, therefore, be it ordained by the City Council of the City of Atlanta, Georgia, as follows: Section 1. That Section 6-302(a) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973) is hereby amended by striking section 6-302(a) in its entirety and by substituting in lieu thereof the following: 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

Page 4780

Officer, Commissioner of Finance, and Commissioner of Budget and Planning shall be non-voting members. Section 2. That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, shall be filed in the office of the Clerk of the Council and in the Office of the Clerk of the Superior Court of Fulton County and 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 Council. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Adopted by City Council September 16, 1974. Approved October 10, 1974. Exhibit A Notice of Proposed Amendment to Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend Section 6-302(a) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973) for the purpose of expanding the membership of the Appropriations Committee; 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 Clerk of the Council of the City of Atlanta and the office of the Clerk of the Superior Court of

Page 4781

Fulton and DeKalb Counties, Georgia, for the purpose of examination and inspection by the public. This the 6th day of September, 1974. J. J. Little, Clerk of Council City of Atlanta Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Jody Hudson, who after being duly sworn states under oath that she is the Advertising Accounting Clerk of Atlanta Newspapers, Proprietors of The Atlanta Journal, (Daily, Evening), and 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, September 6, 13, 20, 1974. /s/ Jody Hudson Advertising Accounting Sworn to and subscribed before me, this 27 day of September, 1974. /s/ Charles L. Wilson Notary Public, Georgia, State at Large. My Commission Expires June 25, 1978. Filed in office of Secretary of State, November 12, 1974. CITY OF ATLANTAREORGANIZATION ORDINANCE. An Ordinance. An ordinance specifying the names of the executive branch of the government, setting forth the duties and functions

Page 4782

of each department thereof, and defining the internal organization of each department, including professional and technical qualifications of each department head. The Executive Branch I. General Organization. Section 1. The following departments and department heads thereof are hereby created in the Executive Branch of the City of Atlanta: (a) Department of Budget and Planning to be headed by a Commissioner of Budget and Planning; (b) Department of Administrative Services to be headed by a Commissioner of Administrative Services; (c) Department of Community and Human Development to be headed by a Commissioner of Community and Human Development; (d) Department of Parks, Libraries and Cultural Affairs to be headed by a Commissioner of Parks, Libraries and Cultural Affairs; (e) Department of Public Safety to be headed by a Commissioner of Public Safety; (f) Department of Environment and Streets to be headed by a Commissioner of Environment and Streets; (g) Department of Aviation to be headed by a Commissioner of Aviation; (h) Department of Finance to be headed by a Commissioner of Finance, which shall be the same job as established by the Charter entitled Director of Finance. (i) Department of Law to be headed by the City Attorney. Section 2. The department heads of each of the departments, with the exception of the heads of the departments

Page 4783

of Finance and Law, shall be under the direction and supervision of the Mayor. The departments of Finance and Law shall be responsible jointly to the Mayor and Council. Each department head shall be responsible for the administration and direction of the affairs and operation of the department under his supervision and shall exercise general management and control thereof. Department heads shall be appointed for a term of four years. Vacancies in a department head position shall be filled for the unexpired portion of the term. Section 3. Each department head shall meet the following general qualifications: (a) Have earned a baccalaureate degree; (b) Have at least one year of graduate study in business and public administration or in a professional field related to the work of the department; (c) Experience at a supervisory level in a field of work related to the functions of the department may be substituted for the requirements of (a) and (b) above on a year for year basis; (d) In addition to the requirements set forth above, possess three years of supervisory experience in public or private agency; (e) Demonstrate ability in prior work of effective cost management, improving performance of employees, introducing modern organization and procedural concepts, improving relations with the public, or improving services; (f) Be in good health and demonstrate qualities of leadership and supervision; manifest an understanding of the processes of budgeting, personnel management, planning and reporting within the sphere of government. Section 4. The Mayor, in addition to other powers enumerated in the Charter and Related Laws, shall have the following powers:

Page 4784

(a) To promulgate reasonable rules and regulations governing the conduct of the internal operation of the Executive Branch and any department thereunder; (b) To issue Executive Orders which may apply to events of short duration, such as, but not limited to, the temporary exercise of extraordinary police power in times of emergency, such action to expire at the next meeting of the Council subsequent to the issuance thereof unless ratified by a majority vote of the Council present and voting. (c) To delegate power to the Chief Administrative Officer and heads of departments by Executive Order. II. Functions and Duties of the Various Departments of the Executive Branch. Section 1. (a) Each department operating under the Executive Branch may be divided into Bureaus. (b) Each Bureau shall be under the direct supervision and control of a Director appointed by the Mayor, each of whom shall be in the unclassified civil service. Each Bureau Director shall be appointed to a term of four years and shall be subject to removal as provided in the Charter with respect to department heads, except that the Council may override the Mayor's removal only upon a vote of two-thirds of the total membership of the Council. Vacancies in a Bureau Director position shall be filled for the unexpired portion of the term by the method as provided for above. Section 2. The Department of Budget and Planning. (a) The Commissioner of the Department of Budget and Planning shall possess prior public or private employment experience in either policy analysis of public issues, in budgeting for large organizations, or in planning for land use, economic and/or social development. Additionally, the Commissioner must possess a knowledge of Federal and State laws affecting the operation of municipal governments. The Commissioner must be familiar with the use of modern techniques for using computers, modeling and cost/benefit analysis.

Page 4785

(b) The Department of Budget and Planning shall consist of two Bureaus:` (1) Bureau of Budget Policy and Evaluation; (2) Bureau of Planning. (c) The functions and duties of the Department of Budget and Planning shall include: (1) Preparing and updating the fifteen, five and one year comprehensive development plans required by sections 3-601 and 3-602 of the Charter with respect to long range land use, economic and social matters; (2) Reviewing departmental actions as they relate to compliance with established goals and policies; coordinating City goals and policies with those of other governmental and private agencies; (3) Preparing master plans, zoning ordinances, subdivision regulations and the official map as required by section 3-603 of the Charter; (4) Making comments and recommendations on annexation petitions and zoning amendments, the zoning districts and their text, the comprehensive zoning plan, subdivision regulations and the official map; (5) Preparing recommended budget policies and priorities for the Mayor; analysis of State and Federal assistance programs, and analysis of budget issues in relation to other governmental programs; (6) Reviewing recommendations of the Commissioner of Finance for conformity with the budget policy; considering budget appeals from department heads as they relate to the budget policies and priorities as referred to in Item (5)

Page 4786

above; conducting studies on newly emerging problems; approving priorities for computer usage; (7) Periodically evaluating inter and intra departmental operations and functions to determine results, effectiveness and need for program or policy changes. (d) The functions and duties enumerated hereinabove shall be placed into the appropriate Bureau by Executive Order of the Mayor. Section 3. The Department of Administrative Services. (a) The Commissioner of the Department of Administrative Services shall possess public or private employment experience in at least two of the following fields at either a supervisory or sub-supervisory capacity: Purchasing, real estate acquisition and leasing or management, personnel operations, labor relations and/or general services. (b) The Department of Administrative Services shall consist of four Bureaus: (1) Bureau of Personnel Operations; (2) Bureau of Labor Relations; (3) Bureau of General Services; (4) Bureau of Purchasing and Real Estate. (c) The functions and duties of the Department of Administrative Services shall include: (1) Purchasing and procurement, products testing and control, printing and duplicating, micro-filming operations, sale and disposal of personal property, land operations, central supplies and general inventory control; (2) Providing for central records maintenance control and management; (3) Acquiring and disposing of real estate in connection with the programs and projects of the City;

Page 4787

(4) Negotiating leases in connection with the needs of the programs and projects of the City; (5) Recruiting personnel for classified service; conducting examinations to determine qualifications for jobs covered by classified civil service; maintaining eligibility lists based upon comprehensive examinations and certifications of those eligible for appointment for each class of positions in the classified service; (6) Advertising job opportunities and requirements; (7) Preparing and administering a pay plan covering all employees; establishing and maintaining a roster of all employees; (8) Administering in-service training and other educational programs for employees; administering employee benefits and programs; analyzing proposals for employee benefits and programs; (9) Conducting employee labor relations; (10) Supervising, maintaining, repairing and controlling all City vehicles and communications equipment; administering building maintenance, repair, janitorial and watchman service; managing City Hall; (11) Coordinating with the Atlanta Civil Service Board; (12) Assisting in the preparation of contracts for all branches and agencies of the City; (13) Providing appropriate services to the Legislative and Judicial Branches of City government. (d) The functions and duties enumerated hereinabove shall be placed into the appropriate Bureau by Executive Order of the Mayor. Section 4. The Department of Community and Human Development. (a) In addition to the general qualifications

Page 4788

hereinbefore set out, the Commissioner of the Department of Community and Human Development shall possess prior public or private experience in at least two of the following fields at a supervisory level: Housing and building code enforcement, housing and community development, housing construction, housing maintenance and operations, urban renewal planning, social service programs, poverty programs, economic development, manpower and/or correctional services. (b) The Department of Community and Human Development shall consist of the following Bureaus: (1) Bureau of Buildings; (2) Bureau of Community Development; (3) Bureau of Human Services; (4) Bureau of Correctional Services. (c) The functions and duties of the Department of Community and Human Development shall include: (1) Enforcing of all construction codes including building, plumbing, electrical, heating and air-conditioning, and minimum housing maintenance codes, unsafe building regulations; regulation of housing demolition; regulation of building standards maintenance; supervision of elevator regulations and ordinances; supervision and administration of the Georgia Fire Safety Law; boiler inspection; issuance of permits relative to the functions contained herein and inspection of buildings; supervision of housing rehabilitation programs and projects; (2) Providing assistance and advice to the Trade Examing Boards; keep all codes up to date with assistance of Advisory Boards; (3) Handling the administration, interpretation and enforcement of the zoning ordinance including the issuance of

Page 4789

street numbers and appeals to such Board as is established by ordinance to handle such appeals; (4) Administering certain of the projects currently under the Model Cities Program; (5) Encouraging and stimulating economic development of appropriate nature, quality and location within the City; providing coordination among City development programs and similar activities in the private sector, particularly as related to public-private participation activities and establishment of priorities for development; (6) Administering, implementing and executing community and neighborhood development and redevelopment, renewal, conservation and rehabilitation programs; (7) Reviewing and coordinating, consistent with law, all public housing programs and service projects within the City; (8) Providing relocation assistance to displaced persons and providing community services and property management in connection with the programs and projects for which such assistance is required; (9) Initiating and conducting programs to improve aesthetic conditions within the City; eliminating unsightly conditions that affect the urban environment; and developing and administering beautification programs; (10) Planning, coordinating, monitoring and evaluating the delivery of various social services including, but not limited to, poverty programs, economic opportunity, day care, child development, manpower development and programs for the aged; (11) Coordinating and contracting for development of social services with various agencies located within the metropolitan area, including, but not limited to, Fulton County's social service agencies, EOA, Community Relations Commission and private agencies;

Page 4790

(12) Manpower programs; (13) Administering consumer protection program; (14) Providing management assistance to neighborhood service centers; (15) Coordinating with planning agencies in the metropolitan Atlanta area such as the Atlanta Regional Commission, Central Atlanta Progress and United Way; (16) Administering the City Prison Farm as a correctional and rehabilitation agency; (17) Providing in-house architectural services to City departments. (d) The functions and duties enumerated hereinabove shall be placed into the appropriate Bureau by Executive Order of the Mayor. Section 5. The Department of Parks, Libraries and Cultural Affairs. (a) In addition to the general qualifications hereinbefore set out, the Commissioner of the Department of Parks, Libraries and Cultural Affairs shall possess experience at a senior supervisory level in at least one of the following fields: Recreation, Parks Planning, Park Operation, Library Administration, Convention Facilities Management or Cultural Organization Management. Such experience may be in either previous private employment or previous government employment. (b) The Department of Parks, Libraries and Cultural Affairs shall consist of the following Bureaus: (1) Bureau of Parks and Recreation; (2) Bureau of Libraries; (3) Bureau of Facilities and Cultural Affairs.

Page 4791

(c) The functions and duties of the Department of Parks, Libraries and Cultural Affairs shall be as follows: (1) Plan, promote, organize, and supervise a comprehensive municipal recreational program; supervise the recreational use of playgrounds, play fields, recreation centers, swimming pools, ball diamonds, athletic fields and other park and recreational facilities; (2) Administer and maintain all parks and playgrounds and the City cemetery; (3) Operate and schedule for use, the Civic Center, Municipal Auditorium, Zoo, Cyclorama and other special facilities of the City for recreational, cultural or social activities; (4) Administer the Atlanta Public Library, branch libraries and bookmobiles wherein books, periodicals, maps, prints and recordings are made available for the citizens of Atlanta; said responsibility to be exercised with the Library Board of Trustees to the extent provided by law; (5) Render assistance in the development and execution of a program for identifying, determining, acquiring, and preserving historic sites. (d) The functions and duties enumerated hereinabove shall be placed into the appropriate Bureau by Executive Order of the Mayor. Section 6. The Department of Public Safety. (a) In addition to the general qualifications hereinbefore set out, the Commissioner of the Department of Public Safety shall possess experience at a senior supervisory level in at least one of the following fields: Administration of Fire Prevention Services, Administration of Police Services, Administration of a Military Organization, or Administration of a Federal, State, municipal or other governmental agency. Such experience must have been gained by virtue of previous government employment.

Page 4792

(b) The Department of Public Safety shall consist of the following Bureaus: (1) Bureau of Fire Services; (2) Bureau of Civil Defense; (3) Bureau of Police Services. (c) The functions and duties of the Department of Public Safety are as follows: (1) Preserve the public peace and good order of the City by the enforcement of applicable laws and ordinances; conduct community relations programs; conduct crime prevention programs; protect the rights of persons and property; administer licensing procedures for all licenses issued under the police powers of the City of Atlanta; the enforcing of all ordinances applicable to licenses and permits issued under the police powers of the City; (2) Protect life and property against fire within the City of Atlanta; administer and enforce appropriate statutes, ordinances and regulations that are related to fire and explosion hazards, regulation of the installation and use of any equipment which prevents a hazard as to fire or explosion, including fire escapes, emergency exits, fire alarm systems and fire extinguishing equipment which may be installed in or on any vehicle, structure, building, grounds and underground passageway; initiate and conduct programs of public education in fire prevention and safety; (3) Conduct, administer and coordinate emergency preparedness programs, including civil disaster, mutual aid, emergency medical services, and rescue assistance. (d) The functions and duties enumerated hereinabove shall be placed into the appropriate Bureau by Executive Order of the Mayor. Section 7. The Department of Environment and Streets. (a) In addition to the general qualifications hereinbefore

Page 4793

set out, the Commissioner of the Department of Environment and Streets shall possess experience at a senior supervisory level in at least one of the following fields: Traffic Engineering, Street and Highway Construction and Maintenance, Water Treatment and Delivery, Sanitary or Storm Drainage Systems, Garbage Collection and Treatment or Pollution Control Systems. Such experience may be in either previous private employment or previous government employment. (b) The Department of Environment and Streets shall include the following Bureaus: (1) Bureau of Traffic Engineering; (2) Bureau of Highway and Streets; (3) Bureau of Water; (4) Bureau of Pollution Control; (5) Bureau of Sanitary Services. (c) The functions and duties of the Department of Environment and Streets shall be as follows: (1) Install and maintain traffic control devices and a system of street illumination; conduct traffic engineering investigations of traffic conditions; regulate street right-of-way as it pertains to movement of vehicular traffic; conduct traffic planning research; develop initiatives, polices and programs to insure adequate on-street and off-street parking; (2) Direct placement of poles and wires of the City and appropriate utility companies in public places so as to cause as little obstruction as possible; compel the removal of superfluous poles where not inconsistent with any existing franchises or other agreements; construct, install and repair street sign names, traffic signs and signals; coordinate with transit system planning, design and construction;

Page 4794

(3) Design, construct, maintain, repair and clean streets, alleys, sidewalks, bridges, viaducts and other related structures; (4) Perform public works engineering and provide engineering services for other branches of government as required, including the furnishing of lines and grades, the preparation of maps, plans, and other land records, the preparation and furnishing of descriptions of real property based on surveys and the maintenance of an up-to-date file or engineering maps and plans governing streets, easements and rights-of-way; (5) Determine the location, time and method of making any opening or excavation in any street or of the installation of any underground street structure and of the repair required because of such opening, excavation and installation; (6) Design, construct, install, repair, maintain, and operate storm sewers and sanitary sewers; administer waste water treatment, including the construction, operation and maintenance of waste water treatment plants and pumping stations; (7) Administer a water purification and distribution system, including the construction, operation and maintenance of a water storage, water purification and distribution system; (8) Collect and dispose of garbage and waste matter and operate facilities for such purposes. (9) Monitor, coordinate and implement programs of resources protection and pollution control, including establishing of standards and development of solutions to the problems of air pollution, noise abatement and control, water protection and other matters affecting aesthetic conditions in the City. (d) The functions and duties enumerated hereinabove shall be placed into the appropriate Bureau by Executive Order of the Mayor.

Page 4795

Section 8. The Department of Aviation. (a) In addition to the general qualifications hereinbefore set out, the Commissioner of the Department of Aviation shall possess knowledge of the factors affecting airport management and services, including a demonstrated experience in the operation of a large organization or supervision of engineering services. He must also have the capacity to plan for expansion for services and locations. Such experience may be in either previous private employment or previous government employment. (b) The Department of Aviation shall consist of the following Bureaus: (1) Bureau of Airfield Maintenance; (2) Bureau of Terminal Maintenance. (c) The functions and duties of the Department of Avia- shall be as follows: (1) Administer, manage, operate, and develop the William B. Hartsfield Atlanta International Airport and any other airfields or systems of air transportation which come within the control of the City of Atlanta; (2) Negotiate contractural agreements, leases, concessions, other satellite activities and supervise the collection of revenues at the airport; (3) Administer the terminal building, the field operations, mechanical functions, buildings and airport security; (4) Coordinate efforts with the Federal Aeronautics Administration. (d) The functions and duties enumerated hereinabove shall be placed into the appropriate Bureau by Executive Order of the Mayor. Section 9. The Department of Finance. (a) In addition to the general qualifications hereinbefore set out, the

Page 4796

Commissioner of the Department of Finance shall possess experience in at least two of the following fields at a supervisory level: Information Systems (computer usage), Accounting, Auditing, Fund Investment, Fund Custody, Management Analysis, Budget Formulation, Budget Execution, Management Reporting and/or Bond Issuance, including financial planning therefor, financial lease analysis or negotiation, and financial legislative fiscal analysis. Such experience may be in either previous private employment or previous government employment. (b) The Department of Finance shall consist of the following Bureaus: (1) Bureau of Management Systems; (2) Bureau of Accounting and Budget Administration; (3) Bureau of Treasury, Licensing and Employee Benefits; (4) Bureau of Financial Analysis and Auditing. (c) The functions and duties of the Department of Finance, in addition to its responsibilities to the Council and to any set forth in the Charter, as the same relate to its responsibility to the Executive Branch, shall be as follows: (1) Provide system analysis, computer programming and operation of electronic data processing equipment for the purpose of furnishing data process services to all branches of City government and all agencies of the City subject to priorities for computer usage as established by the Department of Budget and Planning; (2) Maintain all general accounts of the City government; prescribe, install and implement accounting systems of the City government and its respective branches, departments, offices, boards and commissions and other agencies thereof; audit, verify and process payment of all disbursements of the City, and maintain an original and official

Page 4797

copy of all contracts and leases entered into in which the City is a party; (3) Administer the payroll of the City of Atlanta, the financial and accounting aspects of the pension systems and benefits, insurance programs and the credit union; (4) Maintain liaison with the Department of Administrative Services to furnish information concerning pension systems and benefits, insurance programs and the credit union; provide fiscal information data and requirements for pension, life insurance, and other employee benefit programs; (5) Monitor assessment and receipt of returns on taxable property; collect revenues, including receiving and taking custody of all monies paid to the City and demanding all monies and fees owing to the City whenever any person, firm or corporation is indebted to the City; keep proper books containing a full and accurate account of all monies received and disbursed; (6) Examine and audit accounts and financial transactions of all officers, branches, departments, boards, offices, commissions and other agencies of the City; (7) Administer the treasury functions, including the custody and investment of funds; (8) Conduct continuous studies and analyses to identify and secure new sources of revenue in conjunction with the Department of Budget and Planning; (9) Administer all licensing procedures applicable to persons, firms and corporations engaged in a business, occupation or profession (but excluding such permits and licenses as are specifically issued by other departments) and enforce the business license ordinance; (10) Gather fiscal information and data for the preparation of the capital improvements programs and the operating budget; provide such information to the Budget and Appropriations

Page 4798

Committees, the Council and the Department of Budget and Planning; (11) Develop and issue budget manual prescribing forms, procedures and instructions for preparation of the annual operating budget and capital improvements program; provide assistance to and receive inputs from departments in the budget preparation process; conduct budget hearings and analysis; aid in management and legislative review; revise estimates and prepare budget and capital improvements programs documents; (12) Prepare allotment schedules and personnel controls; review and recommend action on budget changes and modifications; review monthly-quarterly performance reports with departments, the Mayor and the Chief Administrative Officer; prepare performance reporting system for the Mayor depicting progress in carrying out budgeted work programs, objectives and activities; (13) Provide management assistance to departments; conduct studies of procedures, processes, and work methods and assist in the development of performance and impact measurements; (14) Develop bond formulas, issuance of bonds, and debt administration; (15) Provide fiscal information data and requirements on the lease of City facilities and negotiations and make recommendations accordingly; (16) Provide fiscal information data and requirements on legislative matters affecting the City at the State and Federal levels and make recommendations accordingly; (17) Bond issuance, including financial planning therefor, financial lease analysis or negotiation, and financial legislative fiscal analysis. (d) The functions and duties enumerated hereinabove shall be placed into the appropriate Bureau by Executive Order of the Mayor.

Page 4799

Section 10. The Department of Law. (a) The City Attorney, in addition to requirements and restraints placed upon him by the Charter, shall be an active member of the State Bar of Georgia in good standing and shall have had at least seven years experience in the general practice of law. (b) The functions and duties of the Department of Law, in addition to its responsibilities to the Council and to those set forth in the Charter, as the same relate to its responsibility to the Executive Branch, shall be as follows: (1) Furnish legal advice and counsel to the Mayor, the Chief Administrative Officer, and to Commissioners of Departments and heads of offices and agencies of the City; (2) Conduct litigation in which the City of Atlanta or any elected or appointed official in his official capacity is a party; (3) Conduct investigations of claims made either by or against the City; (4) Prepare contracts, deeds, leases and other documents of legal import; (5) Draft proposed ordinances, resolutions and state legislative proposals. III. Performance of functions not specifically assigned to be performed by a Department of the Executive Branch. Section 1. Any function which by the Charter of the City of Atlanta is given to the Mayor and/or the Executive Branch of government, which function is not enumerated hereinbefore as being the specific function of a specific department, shall be assigned by the Mayor to a Department by Executive Order. IV. Effect of this ordinance and extent of application of the repealer clause. Section 1. This ordinance is enacted for the purpose of specifying the names of the departments of the Executive Branch of the government, setting forth

Page 4800

the duties and functions of each department thereof and defining the internal organization of each department, including professional and technical qualifications of each department head. It is not intended not shall it operate as a repealer of those portions of the Code of Ordinances of the City of Atlanta of 1965, as amended, which, by their nature, deal with any matter not specifically dealt with herein. Section 2. All ordinances and parts of ordinances in direct conflict herewith are hereby repealed. Adopted by City Council March 4, 1974. Approved March 7, 1974. Notice of Proposed Ordinance to Establish the Initial Administrative Organization of the City of Atlanta. Notice is hereby given that an Ordinance had been introduced which establishes the initial administrative organization of the City of Atlanta as required by section 7-104 of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), so as to establish the names of the Executive Branch of government, set forth the duties and functions of each department thereof, and define the internal organization of each department, including professional and technical qualifications of each department head; and for other purposes. A copy of the proposed Ordinance is on file in the office of the Clerk of Council of the City of Atlanta and in the office of the Clerk of Superior Court of Fulton County and DeKalb County, Georgia, for purposes of examination and inspection by the public. This the..... day of....., 1974. J. J. Little, Clerk of Council City of Atlanta

Page 4801

Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Jody Hudson, who after being duly sworn states under oath that she is the Advertising Accounting Clerk of Atlanta Newspapers, Proprietors of The Atlanta Journal, (Daily, Evening), and 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, February 14, 21, 28, 1974. /s/ Jody Hudson Advertising Accounting Sworn to and subscribed before me, this 1 day of March, 1974. /s/ Essie Horton Notary Public, George State at Large. My Commission expires March 26, 1976. Filed in office of Secretary of State August 1, 1974. CITY OF AUSTELLCHARTER AMENDEDQUALIFICATIONS FOR HOLDING OFFICE CHANGED, ETC. An Ordinance. An Ordinance to amend the Charter of the City of Austell as shown by an act of the Legislature of the State of Georgia 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 February 5, 1952 (Ga. L. 1952, p. 2054), an Act approved December 10, 1953 (Ga. L. 1953,

Page 4802

p. 2168), an Act approved February 23, 1955 (Ga. L. 1955, p. 2426), an Act approved March 13, 1957 (Ga. L. 1957, p. 3112), an Act approved February 11, 1958 (Ga. L. 1958, p. 2024), an Act approved March 17, 1959 (Ga. L. 1959, p. 3142), an Act approved February 17, 1960 (Ga. L. 1960, p. 2118), an Act approved April 5, 1961 (Ga. L. 1961, p. 3477), an Act approved February 27, 1962, (Ga. L. 1962, p. 2388), an Act approved April 9, 1963 (Ga. L. 1963, p. 3222), 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 April 18, 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 March 10, 1971 (Ga. L. 1971, p. 3477), an Act approved March 27, 1972 (Ga. L. 1972, p. 2867), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3314) so as to delete references therein to requirements that a person be a freeholder in order to hold office and to delete references therein to maximum salary paid to the Mayor and Councilmen and limitations thereon and to repeal conflicting laws and for other purposes. Be it ordained by the Mayor and Council of the City of Austell and it is hereby ordained by the authority of same as follows: Section 1. By virtue of the authority conferred upon the City of Austell by the Municipal Home Rule Act of 1965 (Ga. L. 1965, pp. 298, 299) as amended, and codified in Ga. Code Ann. sections 69-1015 through 69-1021 inclusive, the Charter of the City of Austell as shown by an act of the Legislature of the State of Georgia 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 February 5, 1952 (Ga. L. 1952, p. 2054), an Act approved December 10, 1953 (Ga. L. 1953, p. 2168), an Act approved February 23, 1955 (Ga. L. 1955, p. 2426), an Act approved March 13, 1957

Page 4803

(Ga. L. 1957, p. 3112), an Act approved February 11, 1958 (Ga. L. 1958, p. 2024), an Act approved March 17, 1959 (Ga. L. 1959, p. 3142), an Act approved February 17, 1960 (Ga. L. 1960, p. 2118), an Act approved April 5, 1961 (Ga. L. 1961, p. 3477), an Act approved February 27, 1962, (Ga. L. 1962, p. 2388), an Act approved April 9, 1963 (Ga. L. 1963, p. 3222), 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 April 18, 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 March 10, 1971 (Ga. L. 1971, p. 3477), an Act approved March 27, 1972 (Ga. L. 1972, p. 2867), and an Act approved April 17, 1973 (Ga. L. 1973, p. 3314) is hereby amended by striking from section 5 of said Charter the words freeholder and so that as amended section 5 shall read as follows: Section 5. Eligibility. Be it further enacted, that any person who is a resident of said City of Austell, who shall be twenty-one years of age and a qualified voter of said municipality, who shall have been a resident of the State of Georgia for a period of twelve months, and who shall have paid all State, county, and municipal taxes that he has had an opportunity of paying, shall be eligible to the office of mayor or councilman of said City of Austell, created by this Act; such residence referring to the period immediately preceding the appointment or election of such person to either of the offices named. Section 2. Said Charter is further amended by striking from Section 8 thereof the words shall not exceed Seven Hundred and Twenty ($720.00) Dollars per annum, which and by further striking therefrom but shall not be increased or diminished during the term for which said member is elected; so that when amended Section 8 shall read as follows: Section 8. Councilmen; election, terms, pay. Be it further enacted by the authority aforesaid, that said city shall

Page 4804

be laid off into Four Wards, as above provided, and that one councilman shall be elected from each ward at the next annual election by the qualified voters of said city, and two councilmen shall be elected at the next annual election from the city at large, whose compensation shall be fixed by the mayor and council, and no person shall be eligible to represent, in the city council, any ward, unless he be a bona fide resident of such ward. The term of office of each councilman shall be two years, except, of the six councilmen elected, three shall serve one year and three two years, and there shall be an election annually thereafter for the election of three councilmen to fill the places of three councilmen whose terms expire at the end of the year, it being the purpose of this section to provide that the election for councilmen shall be annually, so that one half shall go out each year. Provided, that at the first election for council members after this charter becomes effective, the ballot shall state which of the six council members are to hold office for one year, and which are to hold office for two years, and provided that the ballot shall specify which of one councilmen from the city at large is to hold office for the year and which is to hold office for two years. Section 3. Said Charter is further amended by striking from Section 16 thereof not to exceed Twelve Hundred ($1200.00) Dollars per annum, so that as amended Section 16 shall read as follows: Section 16. Mayor's salary, powers, duties. Be it further enacted, that the mayor shall receive a salary to be fixed by the city council at such sum as they may deem commensurate with the services performed by the mayor. The mayor shall be the chief executive officer of said city and see that the ordinances, by-laws, rules, and orders of the city council are faithfully executed. He shall have control of the marshal and police force of said city, and may appoint special officers to be known as deputy marshals whenever he may deem it necessary for the protection of persons or property or either and for the preservation of peace and good order of said city. He shall preside at all meetings of the city council, and shall have the veto power, and may veto any ordinances, orders or resolutions of the

Page 4805

city council; in which event the same shall not become a law or enforceable unless subsequently passed over his veto, after considering his reasons for the same, by a vote of at least four councilmen or a yea and nay vote duly recorded in the minutes of said council; provided, however, the mayor shall not exercise his power of veto unless he shall reduce the same to writing and file the same with the clerk of said city within four days after the passage of the measure vetoed. All city employees under the jurisdiction of the mayor and council shall be directly and immediately subject to the mayor, and he shall have the right to remove any employee by written order upon the cause, said order to be subject to the approval or rejection of the city council at their next regular meeting after the passage or issuance of such order by the mayor. The mayor shall have general supervision of the affairs of said city. He shall have power or authority to convene the city council in extra session whenever he deems it proper so to do, and he shall have vested in him all the powers and duties as are vested by general laws in the mayors of this State. Section 4. Said Charter is further amended by striking from Section 38 thereof the word freeholder and substituting in lieu thereof the word resident so that as amended section 38 shall read as follows: Section 38. Same. Be it further enacted by the authority aforesaid, that should the mayor of said city or any councilman thereof move his legal residence from said city, his office shall be immediately declared vacant and shall be filled as herein provided. But, if any member of said council representing a ward shall move his legal resident from such ward represented by him to another ward through no fault of his own, but as the result of property sale, expiration of lease, failure to obtain sufficient living quarters, or such other matter not within his control, but provided he shall remain a resident, such member of council shall be allowed to serve out the remainder of the term of office to which he was elected. Section 5. Said Charter is further amended by striking from the sixth from the last sentence of Section 46-D the

Page 4806

following which shall not be less than Ten ($10.00) Dollars nor more than Fifty ($50.00) Dollars per month so that as amended said sentence shall read as follows: The members of such board shall receive such compensation and remuneration as shall from time to time be fixed by the Mayor and Council of the City of Austell. Section 6. All laws and parts of laws in conflict with this Ordinance are hereby repealed. First reading of this Ordinance: February 4, 1974. Second reading: March 4, 1974. March 5, 1974 I, Delores S. Lockridge, as Clerk of the City of Austell, hereby certify that I am custodian of the books and records of the Mayor and Council, City of Austell, and that the foregoing six (6) pages entitled Ordinance amending the Charter of the City of Austell which was read at two (2) consecutive meetings of Mayor and Council in regular meeting February 4, March 4 as appears on the official minutes book of the City of Austell, after being duly advertised as required by law, was voted on at two (2) consecutive meetings and motion for adoption was unanimous. I, Delores S. Lockridge further certify that the information given as appearing on the official minutes book of said City of Austell are on file in my office and was duly passed and constitute a true and accurate record of Council action. Witness my hand and official signature, this the 5th day of March, 1974. /s/ Delores S. Lockridge Clerk-Treasurer (Seal).

Page 4807

Legal Notice. Georgia, City of Austell: The Mayor and Council of the City of Austell will at its regular council meetings on February 4, 1974 and March 4, 1974 consider the following and intends to adopt same as amendments to its Charter: Section 5 of the Charter shall be amended by striking therefrom the words freeholder and; Section 8 of the Charter shall be amended by striking therefrom shall not exceed Seven Hundred and Twenty ($720) Dollars per annum, which, and by striking therefrom but shall not be increased or diminished during the term for which said member is elected; Section 16 of the Charter shall be amended by striking therefrom not to exceed $1200.00 per annum, Section 38 of the Charter shall be amended by striking therefrom freeholder and inserting in lieu thereof resident; Section 46-D of the Charter shall be amended by striking from the sixth from the last sentence thereof which shall not be less than Ten ($10.00) dollars nor more than Fifty ($50.00) dollars per month. The effect of these amendments will be to delete requirements that candidates for office be freeholders and to remove limitations on the powers of the Mayor and Council to set, increase or decrease salaries payable to the Mayor, Councilmen and Austell Gas Board members. A copy of the proposed amendment is on file in the office of the Clerk of the City of Austell and the office of the Clerk of Cobb County Superior Court for the purpose of examination and inspection by the public.

Page 4808

These council meetings shall be held at 8:00 o'clock p.m. in the City Hall, Austell, Georgia. All interested parties are invited to attend. Jan. 18, 25, Feb. 1, 15, 22, March 1. Georgia, Cobb County. Before me the undersigned, a Notary Public, this day came Rosalyn C. Smith, personally known to me who being first duly sworn according to law, says that she is Editor of The Enterprise, published by Sweetwater News Publishing Company, Inc., a newspaper of general circulation in the city of Austell with its principal place of business in said city, Cobb County, Georgia, and the attached advertisement was published in the aforesaid newspaper on January 18 and 25, February 1, 15 and 22, and March 1, 1974. /s/ Rosalyn C. Smith Sworn to and subscribed before me, this 26 day of March, 1974. /s/ Suzanne Allen Notary Public. (Seal). Filed in office of Secretary of State March 29, 1974. CITY OF CEDARTOWNCHARTER AMENDEDMEETING OF CITY COMMISSION CHANGED. An Ordinance. An ordinance to amend the Charter of the City of Cedartown, Georgia, as contained in Article III of the Charter, with respect to Section 3-4 thereof, by striking said sub-paragraph in its entirety and inserting in lieu thereof a new sub-paragraph to be known as section 3-4, so as to

Page 4809

change the regular monthly meeting date of the City Commission; and for other purposes. Be it ordained by the City Commission of the City of Cedartown, Georgia, and it is hereby ordained by said authority as follows: Section 1. The Charter of the City of Cedartown as contained in Article III of the Charter shall stand amended by striking said Section 3-4 in its entirety and inserting in lieu thereof a new Section 3-4 of said Article III, which said Section shall read as follows: Section 3-4 Commission Meetings. Said commission shall hold a regular monthly meeting on the second Monday of each month, and at such other times as said city commission may deem necessary; they may adopt such rules and regulations for their control and guidance as they may see fit, with a right to change same at any time by a majority vote of two separate meetings, or they may suspend such rules temporarily by unanimous consent. They may meet as often in extra session as the chairman, or any three commissioners may designate or call, provided personal notice is given to each commissioner, unless such commissioner is absent from the city or unable to attend on account of illness. They shall keep accurate minutes of their proceedings and shall have all of their Acts and doings recorded thereon, and all votes taken by Aye or No, and shall be made to appear on said minutes. All meetings of said commission for the transaction of business shall be open to the public, with the right to meet in executive session by unanimous vote of said commission. Three commissioners shall constitute a quorum at any meeting for the transaction of any business; and it shall require the affirmative vote of three commissioners to adopt any measure, ordinance, or resolution, except in the case of the initiative or referendum as herein provided. Section 2. A copy of this proposed amendment to the Charter of the City of Cedartown shall be filed in the office of the City Clerk and in the office of the Clerk of the

Page 4810

Superior Court of Polk County, Georgia, and the Notice of Proposed Amendment to the Charter of the City of Cedartown 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 Cedartown or in the official organ of Polk County; and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the City Commission. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Adopted and approved by the City Commission of the City of Cedartown on the 6th day of August, 1974, at a regular meeting thereof duly called and held, Commissioners Gammage, McCarson and Walley voting Aye, none voting No. Approved: /s/ J. R. McCarson Chairman, Cedartown City Commission Attest: /s/ J. J. Brooks Secretary, Cedartown City Commission Exhibit A Notice of Proposed Amendment to Charter of the City of Cedartown. Notice is hereby given that an ordinance has been introduced to amend Article III of the Charter, with respect to section 3-4 thereof, by striking said sub-paragraph in its entirety and inserting in lieu thereof a new sub-paragraph to be known as section 3-4, so as to change the regular monthly meeting date of the City Commission from the first Tuesday in each month to the second Monday in each month. Copy of the proposed amendment is on file in the Office of the City Clerk of the City of Cedartown and in the Office

Page 4811

of the Clerk of the Superior Court of Polk County, Georgia, for purposes of examination and inspection by the public. This 2nd day of July, 1974. J. J. Brooks, Clerk City of Cedartown Georgia, Polk County. Personally appeared before me, the undersigned Notary Public, Joseph D. Williams, who after being duly sworn states under oath that he is Publisher of The Cedartown Standard, the newspaper of general circulation published in the City of Cedartown, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Cedartown Standard on Tuesday, July 16, 1974; Tuesday, July 23, 1974 and Tuesday, July 30, 1974. /s/ Joseph D. Williams Sworn to and subscribed before me, this 7th day of August, 1974. /s/ Donna A. Howard Notary Public, Georgia State at Large. My Commission expires May 10, 1977. Filed in office of Secretary of State August 12, 1974. CITY OF DORAVILLECHARTER AMENDEDCERTAIN SALARIES INCREASED. An Ordinance. An Ordinance to amend the charter of the City of Doraville and particularly section 2.07 dealing with the compensation and expenses of the mayor, mayor pro-tem and councilmen so as to increase said salaries to $300.00 for the

Page 4812

mayor, $200.00 for the mayor pro-tem and $200.00 for councilmen, and for other purposes. Now, therefore, be it ordained and it is hereby ordained by the Mayor and City Council of the City of Doraville, as follows: Section 1. A copy of this proposed Amendment to the Charter of the City of Doraville shall be filed in the Office of the City Clerk of Doraville 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 Doraville 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 Doraville, Georgia, and that a copy of said advertisement be attached to this Ordinance prior to its final adoption by the Mayor and City Council. Section 2. By striking the number $300.00, $175.00 and $125.00 in section 2.07 of the Charter of the City of Doraville and substituting in lieu thereof the numbers $300.00, $200.00 and $200.00 so that when amended said section shall read as follows: Section 2.07. Compensation and Expenses. Be it further enacted, that the Mayor shall receive a salary of $300.00 per month, the Mayor Pro-tem shall receive a salary of $200.00 per month, and each other member of the Council shall receive a salary of $200.00 per month. Each Councilman and the Mayor, when authorized by the Council and upon presentation of itemized vouchers shall receive their actual and necessary expenses incurred in the performance of their duties of office. Section 3. The increased salaries set forth herein shall begin as of November 1, 1974.

Page 4813

Section 4. All Ordinances and laws and parts of Ordinances and laws in conflict herewith are hereby repealed. First reading: Oct. 7, 1974. Second reading adoption: Nov. 4, 1974. Approved: Nov. 4, 1974. /s/ Jesse C. Norman, Jr. Mayor Attest: /s/ James W. Buechler Clerk, City of Doraville, Georgia. Notice of Proposed Amendment to Charter of the City of Doraville Increasing Salaries of Mayor, Mayor Pro-Tem and City Councilmen. Notice is hereby given that the City Council of the City of Doraville, proposes to adopt an ordinance to amend the Charter of the City of Doraville, Georgia, and more particularly Section 2.07 of the Charter so as to fix the salary of the Mayor at $400.00 per month, Mayor Pro-Tem at $300.00 per month and each other member of the Council at $225.00 per month. A copy of the proposed amendment to the Charter is on file in the Office of the City Clerk of the City of Doraville and the Office of the Clerk of the Superior Court of DeKalb County, Georgia, for the purpose of examination and inspection of the public. This 10th day of September, 1974. James W. Buechler, City Clerk City of Doraville

Page 4814

Georgia, DeKalb County. Personally appeared before me, the undersigned officer duly authorized to administer oaths, Gerald W. Crane who after being duly sworn states under oath that the undersigned is the Decatur DeKalb News of Decatur, Georgia, 3033, a newspaper of general circulation in the City of Doraville, DeKalb County, Georgia, and that the above and foregoing Notice appeared in said newspaper on Sept. 19th 26th and also Oct. 3rd, 1974. /s/ Gerald W. Crane by Betty M. Branch Sworn to and subscribed before me, this 3 day of Oct. 1974. /s/ Betty M. Branch Notary Public, Georgia, State at Large. My Commission Expires Oct. 18, 1977. Filed in office of Secretary of State, December 2, 1974. CITY OF JESUPCHARTER AMENDEDCEMETERY COMMISSION. An Ordinance. An Ordinance to amend the charter of the City of Jesup approved December 15, 1937, (Ga. L. 1937-38, Ex. Sess., p. 1142), as amended, so as to change the purposes, organization, structure, powers and duties of the Cemetery Commission; and for other purposes. Be it ordained by the board of commission of the City of Jesup as follows: Pursuant to the Municipal Home Rule Act, Act of 1965 (Ga. L. 1965, pp. 298, 299), as amended, an act incorporated and creating a New Charter for the City of Jesup in Wayne

Page 4815

County, Georgia, approved December 15, 1937, (Ga. L. 1937-38, Ex. Sess., p. 1142), as amended particularly by an Act approved February 25, 1949, (Ga. L. 1949, pp. 1808-1811) is hereby amended by striking section 96 and sub-section 96A in its entirety and inserting in lieu thereof the following: Section 1. In order to guide and accomplish a coordinated management and development of the Jesup Cemetery and any other places of burial or interment is provided by the City of Jesup, which will in accordance with existing and future needs best promote the public health, convenience, and the general welfare of the City, there is hereby created and established a Cemetery Commission, hereinafter known and designated as the Jesup Cemetery Commission. Section 2. The Jesup Cemetery Commission shall consist of the City Manager, the Clerk of the City of Jesup, and three persons serving without pay to be appointed by the Board of Commissioners of the City of Jesup. The terms of office for the three appointed members shall be for five years, or until their successors are appointed and qualified except that the members of such Cemetery Commission first appointed shall be appointed for such terms that the term of not more than one member shall expire in the same year hereafter. Immediately after their appointment, they shall meet and organize and elect one of the members as chairman and such other officers as they may deem necessary; vacancies in such Board shall be filled by the Board of Commissioners. Section 3. The control of all cemeteries now or hereafter owned by said City shall be in said Cemetery Commission, and said Cemetery Commission may sell the remaining unsold portion thereof in such manner and under such terms and restrictions as it deems proper, subject only to the limitations hereinafter provided, including the right to convey the fee simple title in lots or single grave locations or conveyances in nature of easements, as said Commission may deem proper.

Page 4816

Section 4. The Clerk of the City of Jesup shall be the Ex-Officio Clerk and Treasurer of said Cemetery Commission and all books and other records of said Cemetery Commission shall be kept by her in her office. Section 5. All conveyances or other instruments by said Commission shall be signed by the City Manager of the City of Jesup and attested by the Clerk of the City of Jesup. Provided, however, all conveyances of any property not designated on the present cemetery map or on any other cemetery map, hereinafter approved by the Board of Commissioners, shall be approved by the Board of Commissioners, and such approval being designated on said conveyance or other instrument by the signature of the Mayor, in addition to the hereinbefore required signatures. Section 6. The Cemetery Commission is hereby vested with the power to provide, establish, change and maintain, cemeteries for said City within and without its corporate limits; provided, however, all such changes or additions to the present cemetery and its existing right of ways, entrances and boundaries shall be subject to the approval of the Board of Commissioners. Said Cemetery Commission may accept any grant or devise of real estate or any gift or bequest of money or other personal property or any donation to be applied, principal or income, for permanent use for said cemetery purposes, but if the acceptance thereof for such purposes will subject the municipality to additional expenses for improvement, or if such acceptance will limit the municipality's full and unencumbered use of any properties, the acceptance of any grant or devise shall be subject to the approval of the Board of Commissioners of the City of Jesup. Section 7. All monies received by the Cemetery Commission through the sale of lots, the acceptance of grants, devises and the like or otherwise shall be deposited in the general account of the City and designated as cemetery revenue. Section 8. The Cemetery Commission shall sell such lots for a reasonable amount, but in no event shall the amount be increased or decreased more than once annually. Such

Page 4817

increases in the amount for the cemetery lots to be sold shall be such that the City of Jesup does not profit from the sale of such lots, it being the intention that said cemetery shall at best support itself, while promoting public health and providing for the general welfare of the citizens of the City. Section 9. Said Cemetery Commission shall preserve in good order and permanent from the present records of said City as to lots sold, and shall keep a permanent record of all lots or grave locations sold by it, whether in fee simple or in nature of easements. Any persons desiring may file deeds or other instruments pertaining to lots or grave locations with the Clerk of said Commission, and said Commission shall make proper arrangements for filling and preserving of same. Section 10. All additions and changes, to the present cemetery in the City, or the creation of new cemeteries within the City, shall be surveyed and plated by a licensed surveyor and approved by the Board of Commissioners. The original plat of such new cemeteries shall be kept by the City in the same place and manner as the existing cemetery plats and maps. Section 11. All laws and parts of laws in conflict herewith are hereby repealed. So ordained, this 16th day of April, 1974. /s/ Joel R. Greene Mayor /s/ James Driggers Commissioner /s/ William S. Norwood Commissioner /s/ Thomas Johnson, Jr. Commissioner /s/ Ralph B. Smith Commissioner Attest: /s/ Elaine Worley City Clerk

Page 4818

City of Jesup, Georgia. I, Elaine Worley, Clerk to the Board of Commissioners for the City of Jesup do hereby certify that the above and foregoing is a true and correct copy of an Ordinance to amend the charter of the City of Jesup, approved, December 15, 1937, (Georgia Laws 1937-38, Ex. Sess. p. 1142), as amended so as to change the purposes, organization, structure, powers and duties of the Cemetery Commission: and for other purposes. This ordinance was unanimously passed by the Board of Commissioners for the City of Jesup on the 2nd day of April and on the 16th day of April. 1974. This ordinance is now on file at City Hall. /s/ Elaine Worley, City Clerk (Seal). Notice. Jesup, Wayne County, Georgia. Notice is hereby given that pursuant to The Municipal Home Rule Act of 1965 (Ga. L. 1965, pp. 298, 299), there will be introduced at the regular meeting of the Board of Commissioners of the City of Jesup, on April 16, 1974, at 7:00 o'clock p.m. at City Hall, Jesup, Georgia, an ordinance to amend the charter for the City of Jesup (Ga. L. 1937-38, Ex. Sess., p. 1142), as amended so as to change the purposes, organization, structure, powers and duties of the Cemetery Commission; and to provide an effective date and for other purposes. This 26th day of March, 1974. /s/ Elaine Worley Clerk, City of Jesup, Georgia.

Page 4819

Georgia, Wayne County. Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, W. H. NeSmith, Jr., who after being duly sworn, deposes and says on oath that he is the President of The Wayne County Press, Inc., the official organ of the City of Jesup, and of Wayne County, Georgia, and that there has been published in said newspaper on March 28, April 4 and April 11, 1974, the attached and foregoing notice of the City of Jesup's intention to introduce an ordinance to amend the charter of the City of Jesup so as to change the purposes, organization, structure, powers and duties of the Cemetery Commission and for other purposes. /s/ W. H. NeSmith, Jr. Sworn to and subscribed before me, this 23rd day of May, 1974. /s/ Robert B. Smith Notary Public, State of Georgia. Filed in office of Secretary of State, May 28, 1974. CITY OF LILBURN MERIT SYSTEM ACT. An act providing for the appointment of a Merit System Board; setting forth the qualifications for the Merit System Board members; setting the terms of appointment, compensation and method of removal of Merit Board member; providing for the duties of the Merit Board members; providing for the appointment of an executive secretary and his duties, compensations and manner of removal; providing what persons will be included in the classification service and a procedure for establishing a classification service. Be it hereby enacted and resolved by the governing authority of the City of Lilburn, Georgia; Section 22-101. This Act may be cited as the City of Lilburn Merit System Act.

Page 4820

Section 22-201. Definitions. The following terms when used in this Act shall have the following meanings unless the context clearly requires otherwise: (1) Classified Service means all appointed offices and positions of trust or employment in the service of Lilburn, Georgia, except those placed in the unclassified service by this Act. (2) Board means the Merit System Board of Lilburn, Georgia. (3) The Executive Secretary means the executive secretary of the Merit System Board of Lilburn, Georgia. (4) Appointing Authority means the officer, commission, board or body having the power of appointment, employment or removal from positions in any office, department, commission, board or institution; or any person or group of persons having the power by virtue of the Constitution, ordinance, statute, or lawfully delegated authority to make appointments or employments to positions of employment in Lilburn, Georgia. (5) Position means any office of employment in the service of Lilburn, Georgia. (6) Classified Employee means any employees holding a position in the classified service as defined in this Act. (7) Public Hearing means the opportunity, given after public notice of at least five days, for any person or persons to appear and be heard on the matter involved, at a hearing open to the public. (8) Governing Authority means the Mayor and council of the City of Lilburn, Georgia. Section 22-301. Merit System BoardCreation, qualification of the members, compensation, term of appointment, removal.

Page 4821

(a) Creation of Board: There is hereby created the City of Lilburn Merit System Board which shall consist of five (5) qualified members appointed by the governing authority. (b) Selection of Board Members: Each councilman shall select one candidate for appointment to said Board, for a total of four (4) members, When four (4) of the members of the Lilburn Merit System Board have been selected in the manner set forth above, a fifth candidate shall be nominated by the governing authority and selected by majority vote of the governing authority, as set forth in the Charter of the City of Lilburn, Georgia. Said fifth candidate for the Lilburn Merit System Board shall be a Classified Employee and shall represent the employees protection by the City of Lilburn Merit System Act. (c) Qualifications of Board members: The governing authority shall not appoint to said Board as a member thereof any person who: A. has not been a resident of the City of Lilburn for one or more years next preceeding appointment to the Board; B. shall hold an elective or appointive office in either Federal, State or County or Municipal government, provided that prior appointment as a member of the Board shall not disqualify a person from being reappointed hereto, or C. shall have held political office, in or shall have been a salaried employee of the City of Lilburn during the twelve (12) months next preceeding his appointment to the Board, except that candidate for appointment selected by the classified employees under the procedure as specified herein may be a salaried employee of the City of Lilburn. (d) Terms of Appointment, Vacancies: The governing authority shall appoint the original members of the Board for staggered terms. The length of the terms of the original members of the Board shall be in the discretion of the governing authority, but shall not exceed four (4) years. A vacancy in the membership of said Board caused by a member's death, resignation, disqualification, or other conditions shall be filled by appointment of the governing authority for the unexpired term of such member. That

Page 4822

councilman who shall have chosen the member who is retiring shall have the right to select the replacement for said vacancy. No additional election is required in order to fill a vacancy existing on the death, resignation, disqualification or other conditions of that member of the Board who shall have been chosen by the classified employees of the City of Lilburn. Said vacancy shall be filled by governing authority. (e) Chairman and Vice Chairman: At its initial meeting and annually thereafter, the Board shall elect one member Chairman and another Vice Chairman. (f) Removal of Board Members: No member of said Board may be removed from office prior to the expiration of his term except for cause after having been granted a notice and afforded a public and open hearing before the governing authority of said City. Prior to said hearing, said member shall be served personally or by registered or certified mail addressed to his residence as shown in the files of the said governing authority, at least ten (10) days before the date set for hearing, with written specifications of the charges against him. Section 22-401. Meetings of Board: The Board shall hold its meetings at the City Hall as frequently as is needed to conduct the necessary business at hand. Section 22-501. Duties of Board: It shall be the duty, function and responsibility of the Board to represent the interest of the public in the improvement of personnel administration and the selection of qualified personnel. It shall be the duty of the Board: 1. After public hearing to recommend to the governing authority for the latter's timely approval or rejection rules, regulations, and plans including subsequent deletions and amendments thereof, for the administration of this Act. 2. After the governing authority's approval thereof, to publish the content of such rules and their modifications for public distribution and to give immediate notice thereof

Page 4823

to all appointing authorities affected thereby. Thereafter all appointing authorities and classified and other employees affected by these rules shall assist in all proper ways in carrying them into effect. 3. To hear and determine appeals and complaints respecting the official actions of the Executive Secretary, and such other matters as may be referred to the Board by the Executive Secretary. 4. On its own motion, or when requested to do so by the governing authority, to make and report on investigations affecting classified employees. 5. To keep records of the minutes of its own meetings and of any other records necessary for the proper administration of this Act. 6. To examine and approve or modify the annual report prepared by the Executive Secretary and to submit such report to the governing authority on or before the first day of February covering the period from January 1 through December 31 of the preceding year, transmitting therewith any suggestions that may be recommended for the more effectual accomplishment of the purpose of this Act. 7. To recommend rules and regulations to the governing authority for honorably discharged veterans of any war in conformity with Article III, Section VII, Paragraph XXIV of the Constitution of the State of Georgia providing that equal preference be accorded such veterans as exist under Federal Civil Service Laws. Section 22-601. Powers of Board: The Board, each member of it and the Executive Secretary each, shall have the power to administer oaths, subpoena witnesses and compel the production of books and papers pertinent to any investigation or hearing authorized by this law. Any person who shall fail to appear in response to a subpoena or to answer any questions or produce any books or papers pertinent to any such investigation or hearing shall be guilty of a misdemeanor.

Page 4824

Section 22-701. Executive SecretaryAppointment, Removal Compensation. (1) The governing authority shall appoint the Executive Secretary. Such Executive Secretary shall be a person competent in the field of public personnel administration and thoroughly in sympathy with the application of the merit system. First consideration shall be given, in selecting a qualified individual to serve as Executive Secretary, to those employees of the City of Lilburn. 2. The person appointed to fill the position of Executive Secretary may hold this position while performing other unrelated duties as an employee of the City of Lilburn and may be removed by the governing authority from the position as Executive Secretary at any time without cause when a change in this position is deemed appropriate by the governing authority. The governing authority's decision to remove a person from this position shall be final. Section 22-801. Executive SecretaryDuties: It shall be the duty of the Executive Secretary to: 1. Attend meetings of the Board, to act as its Secretary and to record its official actions. 2. Secure the attendance of witnesses and productions of books, papers, public records and other documentary evidence pertinent to any such investigations. 3. Make an annual report to the Merit System Board and to the Mayor and Council of Lilburn, Georgia. 4. To prepare and maintain an up-to-date record of the duties and responsibilities of each position in the classified service, as defined in section 8 of the Act. 5. Establish and maintain a roster of all the officers and employees in the classified service in the employment of the City of Lilburn who are covered by this Act, giving for each such person the data for appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent.

Page 4825

6. Check all payrolls or other compensation for personal service in the classified service periodically, at such time as he may deem consistent for the proper administration of this Act. 7. Appoint and supervise any of his necessary employees and to incur expenses necessary for the administration of this Act, within the limits of the appropriation to be provided therefor by the governing authority. 8. Prepare, recommend, and administer approved rules and regulations for the proper administration and execution of this Act. All rules and regulations are to be submitted to the Board for its recommendations to and approval by the governing authority. The Rules and Regulations shall apply but not be limited to such matters as: the formulation of registers of eligibles; the certification of persons qualified for appointment to the classified service, administration of appointments; transfer, demotions; promotions, suspensions; lay-offs; re-employments; resignations; dismissals; leaves of absence without pay, examinations, ratings, eligibility, and other matters pertaining to the proper administration of this Act and, to good personnel practices and procedures. 9. Make such investigations pertaining to personnel salary scales, and employment conditions in the City as he may deem necessary or as they are requested by the Board or the governing authority. 10. Be responsible to the governing authority and to the Board for the general administration of the merit system and to the Board for those duties prescribed in this Act. 11. Perform any other lawful acts required to effectuate the purpose of this Act. Section 22-901. Unclassified Service. The Classified Service as defined in section 201 (1) of this Act, does not include the following members of the unclassified service:

Page 4826

1. Officers elected by the people and persons appointed to fill vacancies to such elective offices. 2. Officers and employees specifically exempted by law, but this provision in no way excludes the Chief of Police, any Policeman, or the Clerk of the City of Lilburn, Georgia from the protection offered by this Act, said individuals being specifically included within the catagory of Classified Employee. 3. Members of boards or special commissions appointed by the City governing authority for special purposes to service without compensation. 4. City attorney. 5. Persons temporarily appointed or designated to make or conduct a special inquiry, investigation, or examination where such appointment or designation is certified by the Board to be for employment which should not be performed in the classified service. 6. Election officials and members of the Board of Registrars. 7. Recorder of the City of Lilburn. Section 22-1001. Any employee of City of Lilburn who is not an elected official and is excluded from the classified service under Paragraphs 5, 8, 10 and 11, of Section 901 shall be given special consideration for employment as a classified employee of the City of Lilburn provided said individual is qualified for a position as a classified employee and provided there is an opening available in the ranks of the classified employees. In the event any such individual is employed by the City of Lilburn as a classified employee, said individual shall be given credit for pay purposes for any time said individual has been employed by the City of Lilburn. Section 22-1101. Classification plan. (1) The Executive Secretary shall submit to the Board a classification plan,

Page 4827

specifying the duties, authorities and responsibilities of positions in the classified service. The Board then shall submit such plan, together with appropriate recommendations, to the governing authority for the latter's timely approval and rejection. 2. After the approval of such classification plan, the Executive Secretary shall, with the recommendation of the Board and the approval of the governing authority, allocate each position in the classified service to the appropriate class therein on the basis of its duties and responsibilities. Thereafter, as new positions are created or existing classes are divided, combined, altered, or abolished the Executive Secretary shall, with the approval of the Board, make such allocations of positions as are necessitated thereby. 3. The following the approval of the classification plan and the allocation therein of positions: (a) The class title set forth therein shall be used to designate such positions in all official records, documents, vouchers, payroll and communications, and no person shall be appointed to or employed in a position in the classified service under any class title which has not been approved by the Executive Secretary as appropriate to the duties to be performed, and (b) All appointments, employments, suspensions, changes in grade or title or any other change in the status of a person in the classified service, now or hereafter employed, shall be made and permitted as prescribed by this Act and the rules, regulations, and classifications plan adopted pursuant thereto provided that an employee holding a position in the classified service, immediately prior to the effective date of this Act shall not be required to undergo an examination as a condition for his continued employment. Section 22-1201. Certification by Executive Secretary. No employee within the classified service shall be placed on the payroll of City of Lilburn until the Executive Secretary has properly certified the individual to the position. The Executive Secretary may provide that certification of payrolls

Page 4828

be made once every six (6) months, and such certification shall remain in effect in the case of any officer or employee whose status has not changed after the last certification of this payroll. Section 22-1301. Political Activity and Recommendations. In applying the provisions of this Act or in doing any of the things thereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance or subscriptions or contributions for any political purpose or participation of any form of political activity whatsoever, other than to express privately his rights as a citizen and to cast his vote in any election. No employee in the classified service shall be a member of any national or state or local committee of a political party, or officer or member of a committee of a partisan political club, or shall take part in any political campaign. Section 22-1401. Penalties. Any person in the City of Lilburn who shall wilfully violate, conspire with or solicit another to violate any of the provisions of this Act shall be guilty of a misdemeanor and shall on conviction thereon be punished as for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified service, he shall be dismissed therefrom and shall not be eligible for re-employment, reappointment, or reinstatement for a period of five (5) years from the date of such conviction. Section 22-1501. Oaths. The Board, the Executive Secretary and all employees in the classified service shall take the oath of office as prescribed by the governing authority. The Executive Secretary shall take his oath before the Chairman of the Board. Section 22-1601. Constitutionality. Should any section or provision of the Act be held to be unconstitutional or invalid, such section or provision shall not effect the validity

Page 4829

of this Act as a whole or any part thereof other than the part so held to be unconstitutional. Section 22-1701. General Repeal. All laws in conflict with this Act are hereby repealed. Section 22-1801. Effective Date. This Act shall take effect upon the date of adoption of this resolution. This 12th day of November, 1973. J. E. Dotson Mayor Richard E. Hendrix, Sr. Council Member T. E. Cordell Council Member G. A. Nash H. Lee Lewis Legal Notice. Notice is hereby given that a proposed amendment to the Charter of the City of Lilburn, Georgia was approved by the Mayor and Council of said City at its regular meeting on October 8, 1973. Said amendment proposes to establish a Merit System for certain employees of said City. A copy of the said proposed amendment is on file in the Office of the Clerk of the City of Lilburn, Georgia, and in the Office of the Clerk of the Superior Court of Gwinnett County. Any interested party may obtain a copy from either of those offices, upon written request. Said proposed amendment shall be considered further by the Mayor and Council of Lilburn, Georgia at its regular meeting on November 12, 1973, pursuant to the provisions of Ga. Code Ann. section 69-1017 (b)-1. By: James W. Garner Attorney City of Lilburn, Georgia

Page 4830

Georgia, Gwinnett County. Before me, the undersigned, a Notary Public, this day personally came Robert D. Fowler, who, being first duly sworn, according to law, says that he or she is the Publisher of The Gwinnett Daily News, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a newspaper of general circulation, with its principal place of business in said County, and that there has been deposited with said newspaper the cost of publishing four (4) insertions of said application for Charter Amendment to City of Lilburn Charter once a week for four (4) weeks with the order of the Judge thereon. Ran Oct. 26, Nov. 2, 9 and 16. Robert D. Fowler Subscribed and sworn to before me, this 10 day of January, 1974. /s/ Harold W. White Notary Public, Gwinnett County, Georgia. Filed in office of Secretary of State January 17, 1974. CITY OF MACONCHARTER AMENDEDFIRE AND POLICE RETIREMENT SYSTEM. An Ordinance. 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., as amended, to amend the charter of the City of Macon, as the same may have heretofore been amended, so as to provide that, beginning July 1, 1974, the percentage of average compensation upon which retirement benefits will be computed under the Macon Fire and Police Department

Page 4831

employees' retirement system will be 50%, instead of the present 40%, of average compensation and the monthly employee contributions to said retirement system by members thereof will be 7%, instead of the present 5%, of basic compensation; to provide an effective date; to repeal conflicting provisions; 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., as amended, the Charter of the City of Macon as set forth in an Act of the General Assembly of Georgia, approved August 3, 1927 (Ga. L. 1927, pp. 1283, et seq.), as amended by an Act of the General Assembly of Georgia, approved April 16, 1969 (Ga. L. 1969, pp. 2801, et seq., as amended, which said 1969 Act enacted section 70A of the Charter of the City of Macon establishing The Macon Fire and Police Department Employees' Retirement System, as the same may have heretofore been amended, is hereby further amended so as to provide that, beginning July 1, 1974, the percentage of average compensation upon which retirement benefits will be computed under said Retirement System shall be 50% instead of the present 40% of average compensation and the monthly employee contributions to said Retirement System by members thereof shall be 7%, instead of the present 5%, of basic compensation, as follows: Section 1. (Article IV) (1) of said section 70A of the City Charter, which relates to Normal Retirement Benefit, is hereby repealed and stricken in its entirety and there is enacted and substituted in lieu thereof the following new provision, relating to the same subject matter: (Article IV) (1) Normal Retirement Benefit. An employee shall, upon retirement on his normal retirement date, receive a monthly retirement benefit equal to 1/12 of fifty percent (50%) of his average compensation. The first of said monthly retirement payments shall be made on his normal retirement date and subsequent such payments shall

Page 4832

be made on the first day of each calendar month thereafter during the employee's lifetime. Section 2. (Article VI) (1), of said Section 70A of the City Charter, which relates to Employee Contributions, is hereby repealed and stricken in its entirety and there is enacted and substituted in lieu thereof the following new provision, relating to the same subject matter: (Article VI) (1) Employee Contributions. Each employee shall contribute seven percent (7%) of his basic compensation each month after becoming a member of the System. The City shall deduct such employee contributions from the basic compensation of the employee and shall credit such contributions to the employee's individual account. The City shall pay monthly the amount so deducted to the Fund to be held and administered as provided for herein. For any employee who on the effective date of this System was a member of the General Employees' Retirement System of the City of Macon and who made contributions to that System, the Board shall have such contributions transferred to the Fund created under this System and such contributions will be credited to the individual account of each such employee. Section 3. The amendments to the Charter of the City of Macon, adopted by this ordinance, shall become effective on July 1, 1974, following 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, Georgia, Superior Court Clerk, as required by section 69-1020, Code of Georgia, 1933, Ann. (Ga. L. 1965, p. 298, et seq., as amended). Section 4. All Charter provisions and ordinances of the City of Macon in conflict with the provisions of this ordinance are hereby repealed.

Page 4833

Duly adopted by Council on the 2nd day of April, 1974 and on the 9th day of April, 1974. Approved on the 2nd day of April, 1974. Ronnie Thompson, Mayor of Macon. Approved on the 9th day of April, 1974. Ronnie Thompson, Mayor of Macon. Georgia, Bibb County. I, James E. Hunnicutt, 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 of the Mayor and Council of the City of Macon, Georgia, held on April 2nd and 9th., 1974. So certified under my hand and the seal of the City of Macon, this April 10th, 1974. James E. Hunnicutt Clerk of Council, City of Macon, Georgia. Legal Notice. Notice is hereby given that the Mayor and Council of the City of Macon, pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, pp. 298, et seq., as amended), proposes to adopt by ordinance amendments to the Charter of the City of Macon to provide that, beginning July 1, 1974, the percentage of average compensation upon which retirement benefits will be computed under The Macon Fire and Police Department Employees' Retirement System shall be increased from the present 40% to 50% of average compensation

Page 4834

and the monthly employee contribution to said System by each member thereof shall be increased from the present 5% of basic compensation to 7% thereof. A copy of the proposed charter amendments is on file in the Office of the Clerk of City Council, City Hall, Macon, Georgia, and in the Office of the Bibb County Superior Court Clerk, Bibb County Courthouse, Macon, Georgia, for purposes of examination and inspection by the public. This 11th day of March, 1974. Lawton Miller City Attorney City of Macon Georgia, Bibb County. Personally appeared before me, a Notary Public within and for above State and County, Sandy Cochran, 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: March 15, 22, 29, 1974. /s/ Sandy Cochran Sworn to and subscribed before me, this 29th day of March, 1974. /s/ Peter S. Bikus Notary Public, Bibb County, Georgia. (Seal). Filed in office of Secretary of State April 12, 1974. CITY OF MACONCHARTER AMENDEDPENSION ACT AMENDED. An Ordinance. An Ordinance of the Mayor and Council of the City of Macon, adopted under and by virtue of the authority of the Municipal

Page 4835

Home Rule Act of 1965 (Ga. L. 1965, p. 298, et seq., as amended) section 69-1017, et seq., Ga. Code, 1933, Ann. as amended, to amend the charter of the City of Macon, as the same may have heretofore been amended, so as to provide that each employee of the City of Macon, otherwise eligible to participate in division A of the Macon pensions and retirement system, shall be eligible to participate therein provided the employee has not reached his or her 56th birthday; to provide an effective date; to repeal conflicting provisions; 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, Annotated, as amended, the Charter of the City of Macon as set forth in an Act of the General Assembly of Georgia, approved August 3, 1927 (Ga. L. 1927, pp. 1283, et seq.), as amended particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 3152, et seq.) enacting a new Division A of the Macon Pensions and Retirement System, is hereby further amended so as to provide that each employee of the City of Macon, otherwise eligible to participate in Division A of the Macon Pensions and Retirement System, shall be eligible to participate therein provided the employee has not reached his or her 56th birthday, as follows: Section 1. Section 2.1 of Article II of Division A of the Macon Pensions and Retirement System, relating to eligibility and participation in said System, which provides: 2.1 Eligibility. Each employee shall be eligible to participate in the Plan on the first day of the month coinciding with or next following the date of his employment with the Employer provided the employee has not passed his 55th birthday, is hereby repealed and stricken in its entirety, and there is hereby enacted, in lieu thereof, the following new provision, relating to the same subject matter: 2.1. Eligibility. Each employee shall be eligible to participate in the Plan on the first day of the month coinciding with or next following the date of his employment with the

Page 4836

Employer provided the employee has not reached his or her 56th birthday. Section 2. The amendment to the Charter of the City of Macon, adopted by this ordinance, shall become effective immediately upon its 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, Georgia, Superior Court Clerk, as required by section 69-1020, Code of Georgia, 1933, Ann., (Ga. L. 1965, p. 298, et seq., as amended). Section 3. All Charter provisions and ordinances of the City of Macon in conflict with the provisions of this ordinance are hereby repealed. Duly adopted by Council on the 23 day of July, 1974 and on the 30 day of July, 1974. Approved on the 23rd day of July, 1974. Ronnie Thompson Mayor of Macon Approved on the 30th day of July, 1974. Ronnie Thompson Mayor of Macon Georgia, Bibb County. I, Steve Durden, Deputy 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 the City Clerk's 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 of the Mayor and Council of the City of Macon, Georgia, held on July 23rd and 30th, 1974.

Page 4837

So certified under my hand and the seal of the City of Macon, Georgia, this July 31st, 1974. Steve Durden Deputy Clerk of Council City of Macon, Georgia (Seal). Legal Notice. Notice is hereby given that the Mayor and Council of the City of Macon, pursuant to the Municipal Home Rule Act of 1965 (Ga. Laws 1965, pp. 298, et seq., as amended), proposes to amend the Charter of the City of Macon to provide that each employee of the City of Macon, otherwise eligible to participate in Division A of the Macon Pensions and Retirement System, shall be eligible to participate therein provided the employee has not reached his or her 56th birthday. A copy of the proposed Charter amendment is on file in the Office of the Clerk of City Council, City Hall, Macon, Georgia, and in the office of the Bibb County Superior Court Clerk, Bibb County Courthouse, Macon, Georgia, for purposes of examination and inspection by the Public. This 24th day of June 1974. Lawton Miller City Attorney City of Macon Georgia, Bibb County. Personally appeared before me, a Notary Public within and for above State and County, Sandy Cochran who deposes and says she is checking clerk for The Macon News and is duly authorized by the Publisher thereof to make this affidavit; and that advertisement as per attached

Page 4838

clipping has been published in The Macon News on the following dates: June 28, July 5, 12, 1974. /s/ Sandy Cochran Sworn to and subscribed before me, this 12th day of July, 1974. /s/ Peter S. Bikus Notary Public, Bibb County, Georgia. My Commission expires March 22, 1975. (Seal). Filed in office of Secretary of State August 1, 1974. CITY OF MACONCHARTER AMENDEDPOLICE DEPARTMENTCERTAIN AUTOMATIC SUSPENSION PROVIDED, ETC. An Ordinance of the Mayor and Council of the City of Macon, adopted under and by virtue of the authority of the Municipal Home Rule Act of 1965 (Ga. L. 1965, 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 to section 3.6 of Division I, Part III, Article I thereof, as the same is codified in the code of the City of Macon, Georgia, adopted by council and approved by the mayor on July 23, 1974, a new paragraph, to be designated Rule 19, to provide for automatic suspension from duty of members of the police department of the city upon their indictment by a state or federal grand jury for an alleged violation of any criminal law; to provide for payment during the period of suspension; to provide an effective date; 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,

Page 4839

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 to section 3.6 of Division I, Part III, Article I, thereof, as the same is codified and appears in the Code of the City of Macon, Georgia, adopted by Council and approved by the Mayor on July 23, 1974, a new paragraph, to be designated Rule 19, as follows: Section 1. Rule 19. Not withstanding any other provision of this Section or any other provision of the City Charter, every member of the police department of the City shall, upon indictment by a state or federal grand jury for an alleged violation of any criminal law, stand automatically suspended from duty with the police department and shall remain on suspended status until the charge, alleged in the indictment, has been finally disposed of, unless action is sooner taken by the Police Committee of Council returning such officer to duty or dismissing him from the department. Officers under suspension, following indictment, may be paid at their regular rate for a period of 90 days, immediately following suspension, accumulated leave pay to be first used for such payment but such suspended officers shall receive no pay for any period of suspension exceeding 90 days, unless subsequently reinstated and back pay ordered by the Police Committee. Section 2. The amendment to the Charter of the City of Macon, adopted by this ordinance, shall become effective upon final adoption by Council, approval thereof by the Mayor and filing with the Secretary of State of Georgia and the office of the Clerk of the Superior Court of Bibb County, Georgia, as required by section 69-1020, Code of Ga. 1933, Ann., (Ga. L. 1965, pp. 298, et seq.). Duly adopted by Council on the 3rd day of December, 1974 and duly adopted by Council on the 10th day of December, 1974.

Page 4840

Approved on the 3rd day of December, 1974, Sidney Pyles, Mayor Pro-Tem, and Approved on the 10th day of December, 1974. Sidney Pyles Mayor Pro-Tem Georgia, Bibb County. I, James E. Hunnicutt, 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 do further certify that said ordinance was duly adopted by City Council and approved at two regular consecutive meetings of the Mayor and Council of the City of Macon, Georgia, held on December 3rd and 10th, 1974. So certified under my hand and the seal of the City of Macon, Georgia, this 11th day of December 1974. James E. Hunnicutt Clerk of Council City of Macon, Georgia (Seal). 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., as amended) to provide that members of the Police Department of the City shall, upon their indictment by a State or Federal Grand Jury for an alleged violation of any criminal law, stand automatically suspended from duty with the Police Department; to make provision for payment during the period of suspension, as set forth in said ordinance; to provide an effective date; and for other purposes. A copy of the proposed charter amendment is on file in the Office of the Clerk of City Council, City Hall, Macon,

Page 4841

Georgia, and in the Office of the Clerk of the Superior Court, Bibb County, Georgia, Bibb County Courthouse, Macon, Georgia, for purposes of examination and inspection by the public, as provided by law. This 13th day of November 1974. Lawton Miller City Attorney City of Macon, Georgia Georgia, Bibb County. Personally appeared before me, a notary public within and for above state and county, Sandy Cochran, 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 15, November 22, November 29. /s/ Sandy Cochran Sworn to and subscribed before me, this 29 day of November, 1974. /s/ Peter A. Bikus Notary Public, Bibb County, Georgia. My Commission Expires March 22, 1975. (Seal). Filed in office of Secretary of State December 13, 1974. CITY OF MACONCHARTER AMENDEDTRANSFER OF CERTAIN PROPERTY TO MACONBIBB COUNTY WATER SEWERAGE AUTHORITY AUTHORIZED. An Ordinance. An Ordinance to amend the charter of the City of Macon whereby all of the property and assets, real and personal,

Page 4842

under the custody and control of the Board of Water Commissioners, or utilized heretofore by the water board in its water and sanitary sewerage activities, be transferred to the Macon-Bibb County Water Sewerage Authority; to repeal charter provisions pertaining to board of water commissioners. 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., 1933 code of Georgia Ann., to amend the charter of the City of Macon to provide that title and possession of all property and assets, real and personal, under the control or jurisdiction of the Board of Water Commissioners of the City of Macon, or utilized by the Board of Water Commissioners of the City of Macon in its water and sanitary sewerage activities, whether title thereto is vested in the Board of Water Commissioners or in the City of Macon, be transferred, assigned, conveyed and delivered to the Macon-Bibb County Water Sewerage authority; to provide that all assets, property and liabilities of any pension or retirement plan of the Board of Water Commissioners of the City of Macon be transferred and conveyed to Macon-Bibb County Water Sewerage Authority, and such pension or retirement plans to be continued, operated and maintained by the authority; to provide that all insurance policies, group or otherwise, and all bank accounts, savings accounts, saving certificates, certificates of deposit, special funds, and all stocks, securities and moneys, including, but not limited to funds on hand and on deposit, pertaining to any and all past and outstanding issues of revenue certificates and revenue bonds issued by the City of Macon-Board of Water Commissioners for additions and betterments to the board's said water and sanitary sewerage facilities, be transferred and conveyed to Macon-Bibb County Water Sewerage Authority; to provide in general for the transfer of any and all property, real and personal, and all activities heretofore performed by the board, to said authority; to repeal charter provisions pertaining to the board of water commissioners; and for other purposes.

Page 4843

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. of the 1933 Code of Georgia Ann.) that the Charter of the City of Macon, as the same may have heretofore been amended, is further amended as follows: Section 1. By adding thereto the following new section, following section 100 thereof, to be designated Section 100.1, to read as follows: Section 100.1 (a) The title and possession of all property and assets, real and personal, under the control or jurisdiction of the Board of Water Commissioners of the City of Macon, or heretofore utilized by said Board in its water and sanitary sewerage activities, regardless of whether the title to such property and assets is in the Board of Water Commissioners or in the City of Macon, are hereby transferred, assigned, conveyed and delivered to the Macon-Bibb County Water Sewerage Authority, a body corporate and politic of Macon, Bibb County, Georgia, and title to all such property and assets is hereby transferred, assigned and conveyed to said Macon-Bibb County Water Sewerage Authority. As used in this subsection, the terms property and assets shall include, but not be limited to, systems, plants, works, instrumentalities and properties used in connection with the furnishing of water and in the conservation, treatment, distribution and sale of water for public and private uses; systems, plants, works, instrumentalities and properties used in connection with the collection, treatment, filtration, sedimentation and disposal of sanitary sewage; all bank accounts, savings accounts, saving certificates, certificates of deposit, special funds and all stocks, securities and moneys, including, but not limited to, funds on hand and on deposit, pertaining to any and all past and outstanding issues of revenue certificates and revenue bonds issued by the City of Macon-Board of Water Commissioners for additions and betterments to the Board's said water and sanitary sewerage facilities. Said terms shall include, but not be limited to, all parts of any such systems, plants, works, instrumentalities and property, and all appurtenances

Page 4844

thereto, including lands, easements, rights in land, water rights, contract rights, franchises, approaches, dams, reservoirs, generating stations, sewage disposal plants, filtration plants, water treatment plants, intercepting sanitary sewers, trunk sanitary sewers and water mains, filtration works, pumping stations, and all equipment and repair parts thereunto appertaining. Said land and property and rights in land include, but are not limited to, that set forth in Exhibit A hereto attached and by reference thereto made a part hereof. There is expressly excluded from the transfer and conveyance to said Authority any and all lands, properties and rights in property pertaining to storm or surface water sewer facilities. (b) All assets, property and liabilities, including, but not limited to, all sinking funds and other funds, moneys and assets pertaining to any pension or retirement plan of the Board of Water Commissioners of the City of Macon, are hereby transferred, conveyed and delivered to the Macon-Bibb County Water Sewerage Authority, and such pension or retirement plans shall be continued, operated and maintained by the Authority. No plan or retirement benefits, or the rights to pension or retirement benefits, possessed by the employees of the Board of Water Commissioners shall be terminated or otherwise adversely affected by said transfer and conveyance to said Authority. Section 2. This ordinance shall serve in lieu of a conveyance in the form of a deed of conveyance, conveying title to real estate, so far as real estate and easements and rights therein are concerned, and shall serve as a bill of sale, conveying title with respect to all tangible and intangible personal property involved, from the City of Macon and Board of Water Commissioners to the Macon-Bibb County Water Sewerage Authority. Section 3. By repealing, in their entirety, sections 100-110 inclusive, of Ga. L. 1927, p. 1340 et seq, as amended, being codified as sections 190-201 inclusive of the charter provisions of Code of Ordinances, City of Macon, GeorgiaCharter and General Ordinances of the City, as amended,

Page 4845

so that henceforth the same will not be a part of the Charter of the City of Macon. Section 4. By repealing, in its entirety, Act No. 774, Georgia Laws 1953, Nov.-Dec. Sess., p. 2831 et seq, entitled Macon Water CommisionersPension Plan, being codified as sections 137-144 inclusive of the charter provisions of Code of Ordinances, City of Macon, GeorgiaCharter and General Ordinances of the City, as amended, so that henceforth the same will not be a part of the Charter of the City of Macon. Section 5. This amendatory ordinance of the Charter of the City of Macon shall become effective upon its passage and approval. Section 6. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Exhibit A All the following tracts, lots and parcels of land, lying and being in Bibb County, Georgia, and being more particularly described in the following deeds of record in the Clerk's Office, Superior Court, Bibb County, Georgia, to-wit: 1) Deed dated April 4, 1963, from C-D Corporation to the City of Macon, recorded in Deed Book 896, p. 301. 2) Deed from Reginald R. Trice to the City of Macon, recorded in Deed Book 738, p. 525, with corresponding plat recorded in Plat Book 20, p. 30. 3) Deed from Mrs. Martha S. Walker to City of Macon, dated April 18, 1956, and recorded in Deed Book 729, p. 303, with corresponding plat recorded in Plat Book 28, p. 68. 4) Deed from R. A. Walker to City of Macon, dated April 18, 1956, and recorded in Deed Book 729, p. 305. 5) Deed from Mrs. Nina Napier Iseman and Edward D. Napier to City of Macon, recorded in Deed Book 729, p. 500, with corresponding plat recorded in Plat Book 28, p. 73.

Page 4846

6) Deed from Mrs. Nina Napier Iseman and Edward D. Napier to City of Macon, recorded in Deed Book 729, p. 503. 7) Warranty deed from Mrs. Nina Napier Iseman and Edward D. Napier to City of Macon, recorded in Deed Book 729, p. 497, with corresponding plat recorded in Plat Book 28, p. 72. 8) Conveyance from Sam Hall to Board of Water Commissioners, dated February 15, 1957, and recorded in Book 756, p. 47, with corresponding plat recorded in Plat Book 29, p. 110. 9) Conveyance from Fickling Walker Development Company to Board of Water Commissioners of the City of Macon, dated March 31, 1960, recorded in Deed Book 822, p. 19 et seq., together with corresponding plat recorded in Plat Book 35, p. 19. 10) Conveyance from Standard Development Company, dated November 30, 1961, to Board of Water Commissioners, City of Macon, recorded in Deed Book 863, p. 95. 11) Indenture dated April 17, 1959, recorded in Book 795, p. 525. 12) Indenture dated April 26, 1966, between Macon-Bibb County Industrial Authority to the City of Macon, recorded in Book 986, page 193, together with corresponding plat recorded in Deed Book 986, p. 195. 13) Deed from Macon, Gas, Light Water Company to City of Macon, dated September 30, 1911, and recorded in Book 171, p. 667 et seq. 14) Deed from Mrs. Margaret H. Corbin et al. to City of Macon, dated June 12, 1915, and recorded in Book 209, folio 485. 15) Deed dated February 18, 1960, from Mrs. Evelyn Jennings to City of Macon, recorded in Deed Book 817, p. 477.

Page 4847

16) Deed from Mrs. Frances J. Durden, as Extrx. u/w Mrs. Evelyn L. Jennings, to City of Macon, dated May 31, 1971, and recorded in Book 1123, p. 392. 17) Deed dated June 3, 1963, between Mrs. Margaret Wise O'Neal and the First National Bank Trust Company in Macon, as Extrx. and Extr u/w Giles G. Hardeman to City of Macon, recorded in Deed Book 901, p. 155. 18) Deed dated May 18, 1961, from K. S. Moffett to City of Macon, recorded in Deed Book 848, p. 653. 19) Deed from K. S. Moffett to City of Macon, recorded in Deed Book, 863, p. 740. 20) Deed dated on or about August 1, 1951, from Mrs. Nell Collins Barden and Miss S. Rossiter Collins to City of Macon, being described in Plat Book 20, p. 99. 21) Indenture dated November 12, 1959, from Mrs. Sarah Phillips to City of Macon, recorded in Book 810, p. 625. 22) Deed from W. H. Phillips to City of Macon, recorded in Book 631, page 251, with corresponding plat recorded in Plat Book 21, p. 157. 23) Deed dated September 25, 1964, from Mrs. Elizabeth Jane La Varre to City of Macon, recorded in Book 937, p. 474. 24) Indenture dated November 27, 1957, between David Thornton Developments, Inc. et al. to City of Macon, recorded in Book 763, p. 655. 25) Deed from E. Cliff Davis dated June 7, 1962, to City of Macon, recorded in Book 874, p. 526. 26) Deed September 25, 1964, from Mrs. Maggie Chiles to City of Macon, recorded in Book 937, p. 512. 27) Deed dated November 28, 1966, between Mrs. Florence D. Dismuke et al. and City of Macon, recorded in Book 1003, p. 479.

Page 4848

28) Indenture dated November 28, 1966, between Mrs. Florence D. Dismuke et al. and City of Macon, recorded in Deed Book 1003, p. 481 et seq. 29) Deed from David W. Thornton to City of Macon, dated May 18, 1956, recorded in Book 731, p. 212. 30) Indenture dated May 18, 1956, from David W. Thornton to City of Macon, recorded in Book 731, p. 202, with corresponding plat recorded in Plat Book 28, p. 61. 31) Indenture dated September 28, 1964, between Fickling, Inc. et al. and City of Macon, recorded in Book 937, p. 541. 32) Deed from J J Lumber Company, Inc., to City of Macon, dated April 15, 1965, recorded in Deed Book 954, p. 204. 33) Deed from J J Lumber Co., Inc. to City of Macon, dated February 28, 1957, recorded in Book 747, p. 651. 34) Deed from L. Dixon et al. to City of Macon, dated February 11, 1938, and recorded in Deed Book 455, filio 50. Duly adopted by Council on the 30th day of April 1974 and on the 7th day of May, 1974. Approved on the 30th day of April, 1974. /s/ Ronnie Thompson Mayor of Macon Approved on the 7th day of May, 1974. /s/ Ronnie Thompson Mayor of Macon Georgia, Bibb County. I, James E. Hunnicutt, Clerk of Council of the City of Macon, do hereby certify that the attached is a true copy

Page 4849

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 of the Mayor and Council of the City of Macon, Georgia, held on April 30 and May 7, 1974. So certified under my hand and the official seal of the City of Macon, Georgia, this 8th day of May, 1974. /s/ James E. Hunnicutt Clerk of Council, City of Macon, Georgia Legal Notice. Notice is hereby given that the Mayor and Council of the City of Macon propose to adopt an ordinance and amendment to the Charter of the City of Macon, pursuant to the Municipal Home Rule Act of 1965 (Ga. L. 1965, p. 298 et seq.) which shall amend said Charter so as to transfer, convey and deliver title and possession to Macon-Bibb County Water Sewerage Authority, all property and assets, real and personal, under the control or jurisdiction of the Board of Water Commissioners of the City of Macon, or utilized by the Board of Water Commissioners of the City of Macon, in its water and sanitary sewerage activities, whether title thereto is vested in the Board of Water Commissioners or in the City of Macon; to provide that all assets, property and liabilities of any pension or retirement plan of the Board of Water Commissioners of the City of Macon be transferred and conveyed to the Macon-Bibb County Water Sewerage Authority, whereby such pension or retirement plans will be continued, operated and maintained by the Authority; to provide that all insurance policies, group and otherwise, and all bank accounts, savings accounts, saving certificates, certificates of deposit, special funds and all stocks, securities and moneys, including, but not limited to, funds on hand and on deposit, pertaining to any and all past and outstanding issues of revenue certificates and revenue bonds issued by the City of Macon-Board of Water Commissioners for additions and betterments to

Page 4850

the Board's said water and sanitary sewerage facilities, be transferred, conveyed and delivered to the Macon-Bibb County Water Sewerage Authority; to provide in general for the transfer of any and all property, real and personal, and all activities heretofore performed by the Board of Water Commissioners, to the Authority, expressly excluding from property and assets to be transferred, conveyed and delivered to the Authority any and all lands, property and rights in property pertaining to storm or surface water sewer facilities; to provide for the repeal of Charter provision of the Macon City Charter pertaining to the Board of Water Commissioners (Ga. L. 1927, p. 1340 et seq., sections 100-110 inclusive, as amendedbeing sections 190-201 inclusive of the Charter provisions of Code of Ordinances, City of Macon, GeorgiaCharter and General Ordinances of the City, as amended); to provide for the repeal of Act No. 774, Ga. L. 1953, November-December Session, p. 2831 et seq, entitled Macon Water CommissionersPension Planbeing Sections 137-144 inclusive of the Charter Provisions of Code of Ordinances City of Macon, GeorgiaCharter and General Ordinances of the City so as to remove the same from said Charter; and for other purposes. A copy of the proposed charter amendment is on file in the office of the Clerk of City Council, City Hall, Macon, Georgia, and in the office of the Bibb County Superior Court Clerk, Courthouse, Macon, Georgia, for the purpose of examination and inspection by the public. This 9th day of April, 1973. /s/ Lawton Miller City Attorney Georgia, Bibb County. Personally appeared before me, a notary public within and for above state and county, Sandy Cochran, who deposes and says she is checking clerk for the Macon News and is duly authorized by the publisher thereof to make this affidavit and that advertisement as per attached clipping has

Page 4851

been published in the Macon News on the following dates: April 12, 19, and 26. /s/ Sandy Cochran Sworn to and subscribed before me, this 26 day of April, 1974. /s/ Peter A. Bikus Notary Public, Bibb County, Georgia. My Commission expires March 22, 1975. Filed in office of Secretary of State May 9, 1974. CITY OF MORROWCHARTER AMENDEDMERIT SERVICE SYSTEM. An Ordinance. An Ordinance to amend Article IV of the Charter and related laws of the City of Morrow, Georgia, so as to provide for a Merit Service System for the city; to repeal conflicting laws; and for other purposes. Be and it is hereby ordained by the Mayor and Council of the City of Morrow as follows: That Article IV of the Charter and related laws of the city of Morrow, Georgia, as amended, is hereby further amended by adding a new article to be designated as Article IV and which shall read as follows: ARTICLE IV MERIT SERVICE SYSTEM Section 4.01Merit Service System. The purpose of this system is to establish a system of personnel administration to serve the City of Morrow, Georgia. The system herein established shall be consistent with the following merit principles:

Page 4852

(A) Recruiting, selecting and advancing employees on the basis of their relative ability, knowledge and skills, including open competition of qualified applicants for initial appointment; (B) Establish pay rates consistent with the principle of providing comparable pay for comparable work; (C) Training employees, as needed, to assure high quality performance; (D) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance and separating employees whose inadequate performance cannot be corrected. (E) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, creed, national origin or ancestry, sex or religion. Section 4.02Classified Service. (A) The classified service shall be a permanent service to which this law shall apply and shall include all employees, serving in continuing positions in the City of Morrow, Georgia now existing or hereafter established, except the following: 1. Members of the City Council and other elected offices; 2. Members of appointed boards or commissions, judges, City Attorney, Administrative Assistant, City Clerk, and heads of departments appointed by the City Council; 3. Persons employed to conduct a temporary or special inquiry, investigation or examination on behalf of the City Council, a committee thereof or the City Administrator; 4. Volunteer personnel who receive no regular compensation from the City of Morrow, Georgia; 5. Persons employed to work less than full-time;

Page 4853

6. Temporary positions schedules for less than one year's duration unless specifically covered by the action of the Administrative Assistant or the City Council; 7. Persons performing work under contract for the City of Morrow, Georgia who are not carried on the payroll as employees. (B) Nothing herein shall be construed as precluding the City Council from filling any excepted positions in the manner in which positions in the classified service are filled. Section 4.03Administration. (A) There shall be in the City of Morrow, Georgia an Administrative Assistant designated to serve as personnel officer. If at any time the position of the Administrative Assistant cannot be responsible for the duties of the personnel officer, then the Mayor of the City of Morrow, Georgia shall be designated the duties of the personnel officer. The personnel officer may have other staff members designated to assist him or may designate any member of his staff to assist him. (B) The personnel officer is responsible for the personnel administration system and shall direct all of its administrative and technical activities. His duties shall include, but not be limited to, the following: 1. Encourage and exercise leadership in the development of effective personnel administration practices within the City of Morrow, Georgia. 2. Investigate from time to time the operation and effect of this law and the policies made thereunder and to report his findings and recommendations to the City Council. 3. Establish and maintain comprehensive personnel records for each employee in the government service including for each employee his classification, pay rate, date of employment and other relevant date. 4. Advise the City Council on matters affecting the most effective use of manpower resources.

Page 4854

5. Make an annual report to the City Council regarding the status of the personnel administration program. Such report shall be submitted at least two months prior to the beginning of each fiscal year. 6. Foster and develop programs for the improvement of employee effectiveness, including training, safety, health, welfare, supportive services and other appropriate areas. 7. Apply and enforce this law and the policies thereunder and to perform any other lawful acts which may be necessary to carry out the purposes of the provisions of this law. (C) The Personnel Officer, or a consultant or other organization empowered by the City Council shall draft the personnel rules and regulations for the City of Morrow, Georgia. Adequate public notice of proposed personnel rules and regulations, of additions or changes therein, shall be given to all interested officers prior to the time they are adopted. If requested by any of the affected parties, a public hearing on such personnel rules and regulations shall be held. The rules and regulations shall then be submitted for adoption by resolution of the City Council. The rules and regulations shall have the force and effect of law and may be amended in accordance with the above procedures. The policies shall provide: 1. The classification of all positions in the classified service, based on duties, authority and responsibility of each position, with adequate provisions for reclassifications of any positions warranted by changed circumstances; 2. A pay plan for classified service positions; 3. Announcement of employee vacancies and acceptance of applications for employment; 4. Preparation and administration of examinations, if appropriate; 5. Establishment and use of eligibility lists, if appropriate;

Page 4855

6. Establishment of promotion policies and procedures; 7. Transfer, promotion and reinstatement of employees; 8. Performance evaluations of employees, including those on probationary periods; 9. Separation of employees from the classified service by resignation, suspension, dismissal, layoff, or incapacity to perform required duties; 10. Grievance and appeal procedures; 11. Establishment of hours of work, holidays, vacations, leave regulations and procedures; 12. Outside employment of municipal employees; 13. Establishment of a probations period for all employees prior to final appointment; 14. Development of employee morale, safety and training programs; 15. Such other matters as may be necessary to carry out the intent and purpose of this order. (D) The personnel officer or his authorized agent shall be responsible for the certification of the payroll vouchers that the persons named therein have been appointed and employed in accordance with the provision of this law and the policies thereunder. The City of Morrow, Georgia disbursing or auditing officer shall not make or approve or take any part in making or approving any payment for personnel service to any person holding a position in the City of Morrow, Georgia unless said payroll voucher or account of such pay bears the certification of the personnel officer or his authorized agent. Section 4.04Personnel Advisory Board. (A) There shall be in the City of Morrow, Georgia three persons appointed to serve as the Personnel Advisory Board. Members

Page 4856

of the Personnel Advisory Board shall be citizens of the City of Morrow, Georgia but shall not be elected officials nor employees of it. All members of the Board shall be appointed to serve six years except the first three members. Of the first three members, one member shall be appointed to serve a six year term, one member shall be appointed to serve a four year term, and one member shall be appointed to serve a two year term. The Board shall elect one of its members as Chairman. (B) Board members shall serve without compensation and upon request of the City Council, or on its own initiative, shall be responsible for making the final decision concerning employee grievances * * A grievence in any dispute concerning the interpretation or application of this Ordinance, or of the personnel policies governing personnel practices or working conditions, or decisions relative to any disciplinary actions, dismissal, demotion or charge of discrimination. and for providing advice and counsel on all other aspects of the City of Morrow, Georgia personnel system in terms of effectiveness to the City, municipal employees and the general public. Duties of the Personnel Advisory Board includes: 1. Advise the City Council in municipal personnel problems; 2. Conduct grievance hearings of classified employees upon their request and render final decisions to the City Council; 3. Hear appeals in case any officer or employee in the classified service is suspended, reduced or removed, and report in writing to the City Council its decision. (C) A member of the Personnel Advisory Board may be removed for cause by a two-thirds majority vote of the Mayor and Council. To effect such removal, the Board member must be given a written statement of the charges against him and a public hearing therein, if he requests. Vacancies in an unexpired term shall be filled by the Mayor and Council by appointment for the remainder of the term.

Page 4857

Section 4.05Agreements Authorized. (A) The government is authorized and empowered to enter into reciprocal agreements, upon such terms as may be agreed upon, for the use of equipment, materials, facilities, and services with any public agencies or body for purposes deemed of benefit to the public personnel system. (B) The personnel officer, acting in behalf of the City Council, may cooperate with other governmental agencies charged with public personnel administration responsibilities in conducting or validating personnel tests, recruiting personnel, training personnel, establishing lists from which eligibles shall be certified for appointments and for the interchange of personnel and their benefits. Section 4.06Prohibition Against Political Activity. (A) No employee of the City of Morrow, Georgia, shall be an officer of a political party or hold political office during his/her employment. (B) No employee shall solicit, orally or by letter, or be in any other manner concerned in obtaining any assessments, contributions or services for any political party from any other employee. (C) Any employee who wishes to accept or seek election or appointment to political office shall resign from the City of Morrow, Georgia upon indicating such intention by formal declaration or other evidence of candidacy. (D) Nothing herein contained shall be construed to restrict the right of the employee to hold membership in, and support, a political party, to vote as he chooses, to express privately his opinions on all political subjects and candidates, to maintain political neutrality, and to attend political meetings after working hours. (E) Any employee who as a normal and foreseeable incident to his principal job or position, performs duties in connection with an activity financed in whole or in part by federal loans or grants, is subject to the provisions of the Hatch Act which prohibits the following:

Page 4858

1. Use of official authority of influence for the purpose of interfering with an election or nomination for office, or affecting the result thereof. 2. Directly or indirectly coercing, attempting to coerce, commanding or advising any other such officer or employee to pay, lend or contribute any part of his salary or compensation or anything else of value to any party, committee organization agency or person for political purposes. 3. Active participation in political party management or in political campaigns. Section 4.07Unlawful Acts Prohibited. (A) No persons shall make any false statements, certificate, mark, rating or report with regard to any test, certification or appointment made under any provision of this law or in any manner commit any fraud preventing the impartial execution of this law and policies. (B) No person shall, directly or indirectly give, render, pay, offer, solicit, or accept any money, service or other valuable consideration for any appointment, proposed appointment, promotion, or proposed promotion to, or any advantage in, a position in the City of Morrow, Georgia, government. (C) No employee of the personnel department, examiner, or other person shall defeat, deceive or obstruct any person in his right to examination, eligibility, certification or appointment under this law, or furnish to any person any special or secret information for the purpose of affecting the rights of prospects of any person with respect to employment in the City of Morrow, Georgia, government. Section 4.08Penalties. Any person who willfully violates any provision of this law or of the personnel rules and regulations established thereunder may, upon hearing by the Personnel Advisory Board, be subject to disciplinary action. Such action may include, but not be limited to:

Page 4859

1. Dismissal from government service and forfeiture of annual and sick leave or other employee benefits as recommended by the Personnel Advisory Board; 2. Ineligibility for appointment to or employment in a position in the City service for the period of time stipulated by the Personnel Advisory Board. 3. Suspension for a period of time up to two weeks, as stipulated by the Personnel Advisory Board. Section 4.09Status of Present Employees. Employees holding positions in the classified service herein for six months or more immediately prior to the adoption of this law shall be continued in their respective positions without further examination, until separated from their positions as provided by law. Those holding their positions less than six months immediately prior to the adoption of this law shall serve a probationary period as prescribed by the personnel policies. Section 4.10Separability. If any provision of this law or if any policy, or order thereunder of the application of such provision to any person or circumstances shall be held invalid, the remainder of this law, and the application of such provisions of this law or of such policy, or order to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. Section 4.11.Repealer. Article IV of the Morrow City Charter (Act No. 767, H.B. 823), is hereby repealed in its entirety and this Ordinance is hereby substituted therefor. Any other ordinances or rules and regulations previously adopted by the government which may conflict with this act are hereby repealed.

Page 4860

Passed, approved and adopted by the Mayor and Council of the City of Morrow, Georgia. This 18 day of January, 1973. /s/ Royce Stanford Mayor /s/ John R. Nalin Councilmen /s/ Charles D. Sorrow Councilmen Attested: /s/ Tootsie McKinnon City Clerk Georgia, Clayton County. City of Morrow. I, Tootsie McKinnon, do hereby certify that I am the Acting Clerk of the City of Morrow located in Clayton County, Georgia, and that the foregoing pages is a true and a correct copy of Ordinance 73-4 adopted by the Mayor and Council of the City of Morrow, Georgia on January 18, 1973, this Ordinance amending Article IV of the Charter of the City of Morrow, Georgia. Said Ordinance being adopted through the legal procedure required for amending of City Charter's under Home Rule. The adoption of said Ordinance appears upon the minutes of the Mayor and Council of the City of Morrow held on said date in my custody. Certified this 29th day of January, 1974. /s/ Tootsie McKinnon City Clerk City of Morrow, Georgia Filed in office of Secretary of State January 31, 1974.

Page 4861

Notice of Intent to Amend the Charter of the City of Morrow, Morrow, Georgia. Georgia, Clayton County. Morrow, Georgia. Notice is hereby given that the Mayor and Council of the City of Morrow will amend the Charter, Section IV. Personnel Ordinance, of the City of Morrow, Morrow, Georgia under the Home Rule Act of 1965. The purpose of this amendment is to establish a system of Personnel Administration for the recruiting, paying, training and retaining of employees on a Merit System. A copy of the proposed amendment is on file in the City Hall and in the Office of the Clerk of Superior Court of Clayton County for the purpose of examination and inspection by the public. The first reading of this amendment will be read at the Regular Meeting of the Mayor and Council to be held on January 4, 1973 at the City Hall. Royce Stanford Mayor Georgia, Clayton County. Before me, the undersigned, a Notary Public, this day personally appeared Mrs. Bobbie Gay, who, being first duly sworn, according to law, says that she is an agent of Woodprint, Inc., publishers of News/Daily, the official newspaper in which sheriff's advertisements in and for said county are published and a newspaper of general circulation, with its principal place of business in said county and she states that a legal notice for the City of Morrow: Notice of Intent to Amend the Charter of the City of Morrow, Morrow, Georgia, concerning the Home Rule Act of 1965, the purpose of this amendment is to establish a system of Personnel Administration for the recruiting, paying, training and

Page 4862

retaining of employees on a Merit System appeared in said paper on December 19 and 26, 1972 and on January 2nd, 1973. /s/ Mrs. Bobbie Gay Legal Manager Sworn to and subscribed before me, this the 6th day of February, 1974. /s/ Judy Sudduth Notary Public, Georgia, State at Large. My Commission Expires April 30, 1977. (Seal). Field in office of Secretary of State Feb. 8, 1974. CITY OF MORROWCHARTER AMENDEDRECORDERS COURT. An Ordinance. An Ordinance to amend Article VII, Section 7.02(A) of the Charter and related Laws of the City of Morrow, Georgia, so as to provide for new qualifications for the Recorder; to repeal conflicting laws; and for other purposes. Be and it is hereby ordained by the Mayor and Council of the City of Morrow as follows: That Article VII, Section 7.02(A) of the Charter and related laws of the City of Morrow, Georgia, is hereby amended by deleting therefrom the following passage, be a qualified attorney (Member of State Bar of Georgia) and the amended section shall read as follows: Section 7.02. Recorder. (a) No person shall be qualified or eligible to serve as Recorder unless he shall have attained the age of 21 years, and shall be a resident of Clayton County. Compensation of the Recorder shall be fixed by the Mayor and Council.

Page 4863

Passed, approved and adopted by the Mayor and Council of the City of Morrow, Georgia. This 1st day of February, 1973. /s/ Royce Stanford Mayor /s/ D. F. Shirley, Jr. Councilman /s/ Charles D. Sorrow Councilman /s/ Roscoe H. Trivett Councilman Attested: /s/ Tootsie McKinnon City Clerk Georgia, Clayton County. City of Morrow. I, Tootsie McKinnon, do hereby certify that I am the Acting clerk of the City of Morrow located in Clayton County, Georgia and that the foregoing page is a true and a correct copy of Ordinance 73-5 adopted by the Mayor and Council of the City of Morrow, Georgia on February 1, 1973, this Ordinance amending Article VII, Section 7.02(A) of the Charter of the City of Morrow, Georgia. Said Ordinance being adopted through the legal procedure required for the amending of City Charter's under Home Rule. The adoption of said Ordinance appears upon the minutes of the Mayor and Council of the City of Morrow held on said date in my custody. Certified this 29th day of January, 1974. /s/ Tootsie McKinnon City Clerk City of Morrow, Georgia

Page 4864

Notice of Intent to Amend the Charter of the City of Morrow. Georgia, Clayton County. Morrow, Georgia. Notice is hereby given that the Mayor and Council of the City of Morrow will amend the Charter, Article VII. Section 7.02(A). Recorders Court, of the City of Morrow, Morrow, Georgia under the Home Rule Act of 1965. The purpose of this amendment is to amend the qualifications of the Recorder in the Recorders Court. A copy of the proposed amendment is on file in the City Hall and in the Office of the Clerk of Superior Court of Clayton County for the purpose of examination and inspection by the public. The first reading of this amendment will be read at the Regular Meeting of the Mayor and Council to be held on January 18, 1973 at the City Hall. Royce Stanford Mayor Georgia, Clayton County. Before me, the undersigned, a Notary Public, this day personally appeared Mrs. Bobbie Gay, who, being first duly sworn, according to law, says that she is an agent of Woodprint, Inc., publisher of News/Daily, the official newspaper in which sheriff's advertisements in and for said county are published and a newspaper of general circulation, with its principal place of business in said county and she states that a legal notice for the City of Morrow: Notice of Intent to Amend the Charter of the City of Morrow, Morrow, Georgia, concerning the Home Rule Act of 1965, the purpose of this amendment is to amend the qualifications of the Recorder in

Page 4865

the Recorders Court, appeared in said paper January 2, 9 and 16, 1973. /s/ Mrs. Bobbie Gay Legal manager Sworn to and subscribed before me, this the 6th day of February, 1974. /s/ Judy Sudduth Notary Public, Georgia, State at Large. My Commission Expires April 30, 1977. (Seal). Filed in office of Secretary of State February 8, 1974. CITY OF NEWNANCHARTER AMENDEDCERTAIN SALARY INCREASES MADE. An Ordinance to Amend the charter of the City of Newnan so as to increase the compensation of the Commissioners of the Water, Sewage, and Light Commission of the City of Newnan from $600.00 per annum to $1200.00 per annum effective January 1, 1974. Be it ordained by the Mayor and Board of Aldermen of the City of Newnan and it is hereby ordained by authority of the same that section 9-4 of the Charter of the city of Newnan is hereby amended to read as follows: Each of said commissioners shall receive $1200.00 per annum for their services, and no more. Be it further ordained that said amendment shall be effective as of January 1, 1974. Be it further ordained that all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.

Page 4866

Read and adopted in open session by the Mayor and Board of Aldermen of the City of Newnan for the first time. This 7th day of January, 1974. /s/ Joe P. Norman Mayor /s/ T. Ed Croft /s/ Inez W. Slaton /s/ Alvia E. Johnston /s/ Billy Abraham Aldermen Attest: /s/ Martha C. Ball City Clerk Reviewed: /s/ Richard A. Bolin City Manager Reviewed: /s/ Charles L. Goodson City Attorney Read and adopted in open session by the Mayor and Board of Aldermen of the City of Newnan for the second time this 11th day of February, 1974. /s/ Joe P. Norman Mayor /s/ Inez W. Slaton /s/ T. Ed Croft /s/ Alvia E. Johnston /s/ Billy Abraham Aldermen Attest: /s/ Martha C. Ball City Clerk Reviewed: /s/ Richard A. Bolin City Manager Reviewed: /s/ Charles L. Goodson City Attorney

Page 4867

Certificate of the Clerk. I, Martha C. Ball, City Clerk, do hereby certify that the above and foregoing is a true and correct copy of that certain ordinance of like tenor and effect, passed on the 11th day of February, 1974, by the Mayor and Board of Aldermen of the City of Newnan, Georgia, and now appears duly recorded in the Minute Book 1974, at p. 216 of the proceedings of the said Mayor and Aldermen in the office of the City Clerk. In witness whereof, I have hereunto fixed my signature on this the 12th day of February, 1974. /s/ Martha C. Ball City Clerk (Seal). 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 his oath says that he is 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 following 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 dates: January 24, January 31, February 7, 1974. This 11th day of February, 1974. /s/ E. W. Thomasson Publisher Sworn to and subscribed before me, this 11th day of February, 1974. /s/ Deborah M. Aldridge Notary Public

Page 4868

Legal Notice. Notice is hereby given in accordance with Ga. Code section 69-1017 that at the regular meeting of the Mayor and Board of Aldermen of the City of Newnan held on January 7, 1974, an ordinance was approved amending the Charter of the City of Newnan so as to provide for an increase in the compensation of the members of the Water, Sewage, and Light Commission of the City of Newnan from $600.00 per annum to $1200.00 per annum effective January 1, 1974. 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 the proposed amendment will come up for a second vote at the regular meeting of the Mayor and Board of Aldermen on February 11, 1974. This 7th day of January, 1974. /s/ Charles L. Goodson City Attorney Filed in office of Secretary of State February 14, 1974. CITY OF SAVANNAHCHARTER AMENDEDELECTION DATE FIXED. An Ordinance. 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 that the election for mayor and aldermen be held on the second Tuesday in July each fourth year beginning in 1974, to repeal conflicting laws and ordinances; and for other purposes.

Page 4869

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 the City of Savannah is hereby amended by striking therefrom in section Three (3) of the Act approved March 25, 1958, Ga. L., 1958, p. 3337 the words first Tuesday in August, of each fourth year, beginning with the year 1958 and inserting in lieu thereof second Tuesday in July, each fourth year, beginning with the year 1974 so that as amended said section shall read That hereafter the elections for mayor and aldermen of the City of Savannah shall be held on the second Tuesday in July, of each fourth year, beginning with the year 1974; that is to say, the next municipal election after the passage of this Act shall be held on the second Tuesday in July, 1974 and the next municipal election thereafter shall be held on the second Tuesday in July, 1978, and so on each succeeding fourth year thereafter. Section 2. All laws or Ordinances in conflict herewith are hereby repealed. Adopted and approved March 28, 1974. /s/ John P. Rousakis Mayor Attest: /s/ Sophie S. Gottlieb Clerk of Council I, Sophie S. Gottlieb, Clerk of Council of the Mayor and Aldermen of the City of Savannah, do hereby certify this to be a true and exact copy of an Ordinance adopted and approved by said Mayor and Aldermen in Council assembled, March 28th, 1974. /s/ Sophie S. Gottlieb Clerk of Council (Seal). Signed and Sealed. May 31, 1974.

Page 4870

Georgia, Chatham County. Personally appeared before me Jo Ann Youngblood to me known, who being by me sworn, deposes and says: That she is the Legal Agent 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 published 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 February 26, 1974, March 5, 1974 and March 12, 1974, 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 primaries and elections for Mayor and Aldermen of the City of Savannah and the dates thereof. A copy of the proposed Ordinance is on file in the Office of the Clerk of Council and the Office

Page 4871

of the Clerk of Superior Court of Chatham County, Georgia for the purpose of examination and inspection by the public. This 26th day of February, 1974. Sophie S. Gottlieb Clerk of Council City of Savannah appeared in each of said editions. /s/ Jo Ann Youngblood (Deponent) Sworn to and subscribed before me, this 9th day of April, 1974. /s/ Deborah M. White Notary Public, Chatham County, Ga. My Commission Expires Oct. 19, 1975. Georgia, Chatham County. Personally appeared before me Lisa Geyer to me known, who being by me sworn, deposes and says: That she is the Front Counter Clerk of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the published 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

Page 4872

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 March 19, 1974, 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 primaries and elections for Mayor and Aldermen of the City of Savannah and the dates thereof. 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 26th day of February, 1974. Sophie S. Gottlieb Clerk of Council City of Savannah appeared in each of said editions. /s/ Lisa Geyer (Deponent) Sworn to and subscribed before me, this 9th day of April, 1974. /s/ Deborah M. White Notary Public, Chatham County, Georgia. My Commission Expires Oct. 19, 1975. Filed in office of Secretary of State June 4, 1974.

Page 4873

CITY OF THOMASVILLECHARTER AMENDED. An Ordinance. An Ordinance to amend the charter of the City of Thomasville, which was established by an act approved, October 3, 1889, enttiled `An Act to incorporate the Town of Thomasville as the City of Thomasville'; as amended by an act of 1933 (Ga. L. 1933, p. 1109-1113); which amendment provided for an establishment of a fund to be known as the City of Thomasville Water and Light Department General Reserve Fund; and further to place certain restrictions on the management and investment of such fund; a portion of the aforementioned acts being adopted as section 83 of the charter of the City of Thomasville, as codified; and said section (as taken from the aforementioned acts) is stricken in its entirety and a new and complete section substituted therefor to allow for a broader base and greater diversity in the permitted investment of funds constituting the general reserve fund; to provide for the giving of the prescribed notice, as required by the Municipal Home Rule Act of 1965, which notice shall be published once a week for three (3) weeks preceding the final adoption of this ordinance; to provide the effective date of this ordinance; to repeal all ordinances in conflict herewith; and for other purposes. Section 1. Be it ordained by the Board of Commissioners for the City of Thomasville and it is hereby ordained by authority of the same, that the Charter of the City of Thomasville which was established by an act approved October 3, 1889, entitled `An Act to Incorporate the Town of Thomasville as the City of Thomasville'; as amended by an Act of 1933 (Ga. L. 1933, p. 1109-1113); which amendment provided for an establishment of a fund to be known as the City of Thomasville Water and Light Department General Reserve Fund; and further to place certain restrictions on the management and investment of such fund; a portion of the aforementioned Acts being adopted as Section 83 of the Charter of the City of Thomasville, as codified; and said section (as taken from the aforementioned acts) is stricken

Page 4874

in its entirety, and a new and complete section substituted therefor to allow for a broader base and greater diversity in the permitted investment of funds constituting the General Reserve Fund; such new section to read as follows: Section 83. Water and Light CommissionCreation officers, duties. Be it further enacted, that a board is hereby created to be known as the City of Thomasville water and light commission, composed of the members of the board of commissioners and their successors in office, and who shall serve without additional compensation to that received as commissioners. The mayor shall be the chairman of said water and light commission. The treasurer and clerk of the City of Thomasville shall serve respectively as treasurer and clerk for said water and light commission and without additional compensation. It shall be the duty of said water and light commission to create and maintain the City of Thomasville water and light department general reserve fund as herein provided. All sums in said fund, in excess of amounts required for immediate disbursement regularly ordered, shall be invested. Investments shall be limited to direct and general obligations of the U. S. Government or its agencies, or guaranteed by the U. S. Government or its agencies as to both principal and interest, Municipal and State Bonds, Bank Certificates if protected by escrow of an equal value of the above type investments, or Federal Savings and Loan to the limit covered by Insurance, except that said fund shall not be invested in bonds of the City of Thomasville. All interest accumulations from said bonds in said fund shall be invested in said fund. All bonds bought for said fund shall be on approval first had from the board of commissioners. Of the bonds held there may be sold at any time a sufficient amount to pay for any expense incurred for any of the purposes for which said fund was created and which having been duly ordered paid. No expenditure of money or proceeds from the sale of any bonds held in said fund shall be ordered for any purpose other than those specified in Section 82 hereof, and except upon approval of said water and light commission, and a resolution carried by two-thirds majority

Page 4875

vote of the entire board of commissioners, which approval and resolution must first be duly entered on the minutes of the board of commissioners, and no money shall be paid out of said fund except by voucher signed by the treasurer and countersigned by the chairman of the water and light commission, and the General Superintendent of the Water and Light Department. The water and light commission shall, with approval of the board of commissioners, designate a depository for said fund, and the treasurer shall make bond in the sum of five thousand dollars, payable to the City of Thomasville and approved by the board of commissioners, for the proper protection of said fund. Said water and light commission, shall, with approval of the board of commissioners, designate a box in a safety-deposit vault for the keeping of the bonds and securities held in such fund, which box shall not be opened and gone into except by a person or persons designated by the board of commissioners. Section 2. Be it further ordained that all portions of the Charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed. Section 3. Be it further ordained that the amendment affected by this ordinance shall become effective on and after the final passage of this ordinance. Section 4. Be it further ordained that a notice, a copy of which is attached hereto, be made a part hereof, which notice embodies, among other things, the substance of this ordinance with a certificate of the President of that corporation known as the Times-Enterprise Company, Inc., and that that corporation publishes the Thomasville Times-Enterprise Daily Edition, the official organ of Thomas County in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three weeks within a period of 60 days immediately preceding the date of the day of final adoption of this ordinance. Passed and enacted by unanimous vote of the Board of Commissioners into an ordinance of the City of Thomasville,

Page 4876

Georgia, at a lawful meeting of the Board of Commissioners of said City on this the 25th day of November, 1974, after having been introduced and read the first time on the 11th day of November, 1974, amended and read the second time, passed and adopted on the 25th day of November, 1974. /s/ Jack A. Bracey Mayor /s/ Julius F. Ariail City Clerk Notice of intention to amend the charter of the City of Thomasville by ordinance pursuant to the provisions of that act of the General Assembly of Georgia known as The Municipal Home Rule Act of 1965. City of Thomasville, Georgia. Georgia, City of Thomasville. Notice is hereby given that an Ordinance will be introduced and read for final adoption on November 25, 1974; to amend the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled `An Act to Incorporate the Town of Thomasville as the City of Thomasville'; as amended by an Act of 1933 (Ga. L. 1933, p. 1109-1113); which amendment provided for an establishment of a fund to be known as the City of Thomasville Water and Light Department General Reserve Fund; and further to place certain restrictions on the management and investment of such fund; a portion of the aforementioned acts being adopted as Section 83 of the Charter of the City of Thomasville, as codified; and said section (as taken from the aforementioned acts) is stricken in its entirety and a new and complete section substituted therefor to allow for a broader base and greater diversity in the permitted investment of funds constituting the General Reserve Fund; to provide the effective date of this ordinance; to repeal all ordinances in conflict herewith and for other purposes.

Page 4877

A copy of this proposed Amendment to the Charter of the City of Thomasville is on file in the Office of the Clerk of the City of Thomasville, and also on file in the Office of the Clerk of the Superior Court of Thomas County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This the 7th day of November, 1974. B. B. Earle, Jr. Attorney for the City of Thomasville, Georgia Georgia, Thomas County. Personally appeared before me, the undersigned attesting officer, Lee E. Kelly, Jr., who, on oath, deposes and says that he is the President of that corporation known as the Times-Enterprise Company, Inc., and that that corporation publishes the Thomasville Times-Enterprise Daily Edition; and that the Thomasville Times Enterprise Daily Edition published on the Friday of each week is the newspaper in which Sheriff's Advertisements for Thomas County, Georgia are published. Further deposing, he says that as President of that corporation, he is the person duly vested with authority to sign for the corporation in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the Charter of the City of Thomasville, was published in the Thomasville Times-Enterprise Daily Edition on the eighth (8th), the fifteenth (15th), and the twenty-second (22nd) days of November, 1974. This the 25th day of November, 1974. /s/ Lee E. Kelly, Jr. President of the Times-Enterprise Company, Inc.

Page 4878

Sworn to and subscribed before me, this the 25th day of November, 1974. /s/ Bobbie S. Palmer Notary Public, Thomas County, Georgia My Commission Expires Jan. 21, 1976. (Seal). Georgia, Thomas County. Personally appeared before the undersigned attesting officer, Julius F. Ariail, Clerk of the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing Ordinance proposing to Amend the Charter of the City of Thomasville, was filed in his office on the 7th day of November, 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 Board of Commissioners for the City of Thomasville, and that the foregoing Ordinance is a true and exact copy of that Ordinance which was finally adopted by the City of Thomasville in a regular meeting of the Board of Commissioners held in chambers on the 25th day of November, 1974, the original of which is in my possession and appears as a part of the Official Minutes of that meeting. /s/ Julius F. Ariail City Clerk Sworn to and subscribed before me, this the 26th day of November, 1974. /s/ B. B. Carle, Jr. Notary Public, Thomas County, Georgia. My Commission Expires Oct. 23, 1978. Georgia, Thomas County. Personally appeared before the undersigned attesting officer, W. A. Watt, Jr., Clerk of the Superior Court of Thomas County, Georgia, being the legal situs of the City

Page 4879

of Thomasville, Georgia, who, on oath, says that a copy of the foregoing Ordinance proposing to Amend the Charter of the City of Thomasville, was filed in his office on the 7th day of November, 1974, 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 Thomasville, properly certified to by the Clerk of the City of Thomasville, with a copy of the required notice of publication, attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that said notice has been published as provided by law, has been filed in this office on the 26th day of November, 1974. /s/ W. A. Watt Clerk of the Superior Court of Thomas County, Georgia. Sworn to and subscribed before me, this the 26th day of November, 1974. /s/ Anne Maddox Notary Public, Georgia, State at Large. My Commission Expires May 9, 1978. Filed in office of Secretary of State November 27, 1974. CITY OF THOMASVILLECHARTER AMENDED. An Ordinance. An Ordinance to amend the charter of the City of Thomasville, which was established by an act approved October 3, 1889, entitled `An act to incorporate the Town of Thomasville as the City of Thomasville; as amended by act of 1933 (Ga. L. 1933, pp. 1109-1113); which amendment provided for an establishment of a fund to be known as the City of Thomasville Water Light Department

Page 4880

General Reserve Fund; which act was amended by an act of 1953, Nov.-Dec. Sess. of the Legislature, pp. 2544-2546; which amendment provided for 20% of the net income from each preceding quarter of operations to be deposited in the general reserve fund without any limitation on the total amount of such deposits in said funds; which last two mentioned acts were adopted as section 82 of the charter of the City of Thomasville, as codified; and the said section (as taken from the aforementioned acts) was stricken in its entirety by ordinance of the City of Thomasville dated May 26, 1969, pursuant to the provisions of the Municipal Home Rule Act of 1965 when a new and complete section was substituted therefor to allow for one dollar ($1.00) of the amount billed to each water customer, located within the city be exempt from the amount of net water revenue before the 20% deposit is made into the general reserve fund; and now to ordain that section 82 as referred to be stricken in its entirety and a new and complete section substituted therefor to eliminate the one dollar ($1.00) exemption for each water customer located within the city to be allowed from the net revenue before the 20% deposit is made into the general reserve fund as was provided in the section reedited by the amendment of 1969; to eliminate any provision requiring quarterly payments into such general reserve fund; to provide for the giving of the prescribed notice as required by the Municipal Home Rule Act of 1965; which notice shall be published once a week for three (3) weeks preceding the final adoption of this ordinance; to provide the effective date of this ordinance; to repeal all ordinances in conflict herewith; and for other purposes. Section 1. Be it ordained by the Board of Commissioners for the City of Thomasville, and it is hereby ordained by authority of the same, that the Charter of the City of Thomasville as established by an Act approved October 3, 1889, entitled `An Act to Incorporate the Town of Thomasville as the City of Thomasville'; as amended by an Act of 1933 (Ga. L. 1933, pp. 1109-1113); which amendment provided for an establishment of a fund to be known as the City

Page 4881

of Thomasville Water Light Department General Reserve Fund; which Act was amended by an Act of 1953; Nov.-Dec. session of the Legislatute, pp. 2544-2546; which amendment provided for 20% of the net income from each preceding quarter of operations to be deposited in the General Reserve Fund without any limitation on the total amount of such deposits in the said funds; which last two mentioned Acts were adopted as Section 82 of the Charter of the City of Thomasville, as codified; and the said Section (as taken from the aforementioned Acts) was stricken in its entirety by ordinance of the City of Thomasville, dated May 26, 1969, pursuant to the provisions of the Municipal Home Rule Act of 1965 when a new and complete section was substituted therefor to allow for One Dollar ($1.00) of the amount billed to each water customer, located within the City be exempt from the amount of net water revenue before the 20% deposit is made into the General Reserve Fund; and now to ordain that section 82 as referred to be stricken in its entirety and a new and complete section substituted therefor to eliminate the One Dollar ($1.00) exemption for each water customer located within the city to be allowed from the net revenue before the 20% deposit is made into the General Reserve Fund as was provided in the Section re-edited by the Amendment of 1969; to eliminate any provision requiring quarterly payments into such General Reserve Fund; such new section to read as follows: Section 82. Water Light Department General Reserve Fund. Be it further enacted, that a fund shall be created and maintained to be known as the City of Thomasville Water Light Department General Reserve Fund. The City of Thomasville, from revenues derived from the operations of its water and electric systems now owned or which it may hereafter acquire, shall pay into said fund twenty per cent of the net income from its said systems before depreciation charges are made. The moneys in said fund shall be used and applied solely for improvements, extensions, and replacements of the lands, buildings, equipment, and distribution systems now owned and used or which may hereafter be acquired by the City of Thomasville in connection with the operations of its water and electric

Page 4882

systems; and shall not be used or applied for ordinary operation and maintenance nor for ordinary service connections. Section 2. Be it further ordained that all portions of the Charter or amendments thereto or all ordinances in conflict herewith be and the same are hereby repealed. Section 3. Be it further ordained that the amendment affected by this ordinance shall become effective on and after the final passage of this ordinance. Section 4. Be it further ordained that a notice, a copy of which is attached hereto, be made a part hereof, which notice embodies, among other things, the substance of this ordinance with a certificate of the President of that corporation known as the Times-Enterprise Company, Inc. and that that corporation publishes the Thomasville Times-Enterprise Daily Edition, the official organ of Thomas County in which the City of Thomasville is located, said certificate showing that the above and foregoing notice was published once a week for three weeks within a period of 60 days immediately preceding the date of the day of final adoption of this ordinance. Passed and enacted by unanimous vote of the Board of Commissioners into an ordinance of the City of Thomasville, Georgia, at a lawful meeting of the Board of Commissioners of said City on this the 25th day of November, 1974, after having introduced and read the first time on the 11th day of November, 1974, amended and read the second time, passed and adopted on the 25th day of November, 1974. /s/ Jack A. Bracey, Mayor /s/ Julius F. Ariail, City Clerk Notice of intention to amend the charter of the City of Thomasville by ordinance pursuant to the provisions of that act of the General Assembly of Georgia known as, The Municipal Home Rule Act of 1965.

Page 4883

City of Thomasville, Georgia. Notice is hereby given that an Ordinance will be introduced and read for final adoption on November 25, 1974; to amend the Charter of the City of Thomasville, which was established by an Act approved October 3, 1889, entitled `An Act to Incorporate the Town of Thomasville as the City of Thomasville'; as amended by an Act of 1933 (Ga. L. 1933, page 1109-1113); which Amendment provided for an establishment of a fund to be known as the City of Thomasville Water Light Department General Reserve Fund; which Act was amended by an Act of 1953; Nov.-Dec. Sess. of the Legislature, p. 2544-2546; which amendment provided for 20% of the net income from each preceding quarter of operations to be deposited in the General Reserve Fund without any limitation on the total amount of such deposits in said funds; which last two mentioned Acts were adopted as section 82 of the Charter of the City of Thomasville, as codified; and the said section (as taken from the aforementioned Acts) was stricken in its entirety by Ordinance of the City of Thomasville dated May 26, 1969, pursuant to the provisions of the Municipal Home Rule Act of 1965 when a new and complete section was substituted therefor to allow for One Dollar ($1.00) of the amount billed to each water customer, located within the city be exempt from the amount of net revenue before the 20% deposit is made into the General Reserve Fund; and now to ordain that Section 82 as referred to be stricken in its entirety and a new and complete section substituted therefor to eliminate the One Dollar ($1.00) exemption for each water customer located within the City to be allowed from the net revenue before the 20% deposit is made into the General Reserve Fund as was provided in the section re-edited by the Amendment of 1969; to eliminate any provision requiring quarterly payments into such General Reserve Fund; To provide the effective date of this ordinance; to repeal all ordinances in conflict herewith; and for other purposes. A copy of this proposed Amendment to the Charter of the City of Thomasville is on file in the Office of the Clerk for the City of Thomasville, and also on file in the Office of the

Page 4884

Clerk of the Superior Court of Thomas County, Georgia, for the purpose of examination and inspection by the public, all as required by law. This the 7th day of November, 1974. B. B. Earle, Jr. Attorney for the City of Thomasville, Georgia Georgia, Thomas County. Personally appeared before me, the undersigned attesting officer, Lee E. Kelly, Jr., who, on oath, deposes and says that he is the President of that corporation known as the Times-Enterprise Company, Inc., and that that corporation publishes the Thomasville Times-Enterprise Daily Edition; and that the Thomasville Times Enterprise Daily Edition published on the Friday of each week is the newspaper in which Sheriff's Advertisements for Thomas County, Georgia are published. Further deposing, he says that as President of that corporation, he is the person duly vested with authority to sign for the corporation in all such matters and things as contained in this affidavit, and further says that the foregoing and attached notice of intention to amend the Charter of the City of Thomasville, was published in the Thomasville Times-Enterprise Daily Edition on the eighth (8th), the fifteenth (15), and the twenty-second (22nd) days of November, 1974. This the 25 day of November, 1974. /s/ Lee E. Kelly, Jr., President of the Times-Enterprise Company, Inc. Sworn to and subscribed before me, this the 25 day of November, 1974. /s/ Bobbie S. Palmer Notary Public, Thomas County, Georgia. My Commission Expires Jan. 21, 1976. (Seal).

Page 4885

Georgia, Thomas County. Personally appeared before the undersigned attesting officer, Julius F. Ariail, Clerk of the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing Ordinance proposing to Amend the Charter of the City of Thomasville, was filed in his office on the 7th day of November, 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 Board of Commissioners for the City of Thomasville, and that the foregoing Ordinance is a true and exact copy of that Ordinance which was finally adopted by the City of Thomasville in a regular meeting of the Board of Commissioners held in chambers on the 25th day of November, 1974, the original of which is in my possession and appears as a part of the Official Minutes of that meeting. /s/ Julius F. Ariail, City Clerk Sworn to and subscribed before me, this the 26th day of November, 1974. /s/ B. B. Earle, Jr. Notary Public, Thomas County, Georgia. My Commission Expires Oct. 23, 1978. Georgia, Thomas County. Personally appeared before the undersigned attesting officer, W. A. Watt, Jr., Clerk of the Superior Court of Thomas County, Georgia, being the legal situs of the City of Thomasville, Georgia, who, on oath, says that a copy of the foregoing Ordinance proposing to Amend the Charter of the City of Thomasville, was filed in his office on the 7th day of November, 1974, for the purpose of examination and inspection by the public.

Page 4886

Further deposing, I say, under oath, that a copy of the foregoing Ordinance amending the Charter of the City of Thomasville, properly certified to by the Clerk of the City of Thomasville, with a copy of the required notice of publication, attached thereto, and an affidavit of a duly authorized representative of the newspaper in which such notice was published, to the effect that said notice has been published as provided by law, has been filed in this office on the 26th day of November, 1974. /s/ W. A. Watt, Jr., Clerk of the Superior Court of Thomas County, Georgia. Sworn to and subscribed before me, this the 26th day of November, 1974. /s/ Anne Maddox Notary Public, Georgia, State at Large. My Commission Expires May 9, 1978. Filed in office of Secretary of State November 27, 1974. CITY OF WOODBINECHARTER AMENDED. An Ordinance. An Ordinance amending the charter of the City of Woodbine (Ga. L. 1953, p. 2903-2936). Whereas, the General Assembly of Georgia has empowered municipal corporations of said State to amend their charters in accordance with the Municipal Home Rule Act of 1965; and Whereas, the Charter of the City of Woodbine is more than twenty (20) years old and certain revisions are necessary for the good of the community; Now, therefore, be it and it is hereby resolved and ordained by the Mayor and Council of the City of Woodbine, Georgia, in lawful meeting assembled, that the said Charter of the City of Woodbine be hereby amended as follows:

Page 4887

Section 17 of the Charter of the City of Woodbine is hereby amended by striking the following language therefrom: three hundred ($300.00) dollars so that when amended, said section shall read as follows: Section 17. Be it further enacted, that the mayor or in his absence or disqualification the mayor pro tem., and in case of the absence or disqualification of both the mayor and mayor pro tem., a recorder appointed by the mayor and councilmen, may hold and preside over a court in said city, to be called the mayor's or police court, for trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve evidence, issue warrants for the violations of ordinances of said city or violation of State laws, compel the attendance of witnesses, compel the production of books and papers to be used as evidence; punish for contempt and to act as a committing magistrate. Said mayor, mayor pro tem., or recorder shall not have power to try any alleged offender without first having written charges preferred against him or her. Said court shall have power to punish all violations of the charter or ordinances of the city by a fine not to exceed one thousand ($1,000.00) dollars or imprisonment in the city prison or county jail, having previously arranged with the county officers, not to exceed six months either or both, or to work on the streets or such other public places as the mayor or acting mayor or recorder may direct, not to exceed six months. The mayor and council may in their discretion, appoint a city recorder to preside over said court; said recorder when so presiding shall have and exercise all authority conferred by Section 5 of this Act, on the mayor as judge of said police court; the mayor and council shall fix the salary of such recorder; when so appointed the recorder shall hold office until the end of then current year and his salary shall not be reduced for the that term. The mayor and council may, by ordinance, provide for the election of such recorder for a term of two years, said election to be held concurrently with the annual election for mayor. Such ordinance shall provide the salary or fees to be paid such recorder and when once fixed said

Page 4888

fees or salary shall not be reduced during the term for which the recorder shall have been elected. Section 34 of said Charter of the City of Woodbine is hereby amended by striking the following language therefrom: not to exceed one ($100.00) dollars annually for any one business or ($200.00) two hundred dollars annually for any combination of various types of businesses transacted as one enterprise so that when amended, said section shall read as follows: Section 34. Be it further enacted, that said mayor and council have full power and authority to require, by proper ordinance, any person, firm, company or corporation, whether resident or non-resident of said city, who may engage in, prosecute or carry on any trade, business, calling, vocation, or profession in said city to register such business, profession, calling or trade annually and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession such amounts as the mayor and councilmen may provide by ordinance, such amounts not to exceed any limitation provided by general law. Said mayor and councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations, required by ordinances to pay taxes or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or taking out said license, or who fail to comply in full with all requirements of said ordinance made in reference thereto. Section 43 of the said Charter of the City of Woodbine is hereby amended by striking the following language therefrom: provided that no residence or apartment shall be charged more than one ($1.00) dollar per month per family and no business house shall be charged more than two ($2.00) per month so that when amended, said section shall read as follows: Section 43. Be it further enacted, that the mayor and council shall have full power and authority to provide a system of garbage collections for said city. The mayor and

Page 4889

council may in their discretion have said collections made by regular city employees or may contract for same to be done. To provide funds for said garbage collections the mayor and council are hereby authorized to levy a schedule of garbage collection fees on residence, apartments and business establishments; said fees to be set by appropriate action of the mayor and council from time to time. The mayor and council are hereby authorized to allow discounts on said assessments when paid annually in advance. Said garbage fees may be collected by levy and sale as other executions. This ordinance amending the Charter of the City of Woodbine shall become effective upon adoption of it by the Mayor and Council at two (2) regular consecutive meetings not less than seven (7) nor more than sixty (60) days apart, and compliance with the provisions of the Municipal Home Rule Act of 1965. Adopted this 3 day of Sept., 1974. /s/ W. Buford Clark, Jr. Mayor Attest: /s/ Katie M. Cooler City Clerk Adopted this 7 day of Oct., 1974. /s/ W. Burford Clark, Jr. Mayor Attest: /s/ Katie M. Cooler City Clerk Notice. The Mayor and Council of Woodbine propose to amend the Charter of the City of Woodbine so as to raise the maximum fine for a violation of City Ordinance to One Thousand Dollars ($1,000.00); to eliminate the amounts of One

Page 4890

Hundred ($100.00) and Two Hundred Dollars ($200.00) as a maximum amount for business licenses as stated in the charter; and to eliminate the limitation of the amounts of One Dollar ($1.00) and Two Dollars ($2.00) for garbage collection as stated in the Charter. A copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Clerk of the Superior Court of Camden County, Georgia, for the purpose of examination and inspection by the public. The City Clerk shall furnish anyone, upon written request, a copy of the proposed amendment. The Mayor and Council expect to take final action on this amendment on the 7th day of October, 1974. This notice is published pursuant to the Municipal Home Rule Act of 1965. Georgia, Camden County. Personally appeared before the undersigned officer authorized to administer oaths came Howard H. Davis, who being first duly sworn deposes and says as follows: I am the business manager of the Southeast Georgian, the official organ of Camden County, Georgia. The notice attached hereto was published in the Southeast Georgian on September 12, September 19, and September 26, 1974. This 7th day of October, 1974. /s/ Howard H. Davis Sworn to and subscribed before me, this 7th day of October, 1974. /s/ A. S. Nash Notary Public, Georgia State at Large. My Commission Expires Feb. 17, 1977. (Seal). Filed in office of Secretary of State October 10, 1974.

Page 4891

ACTS BY NUMBER Act No. Page 1 3 2 5 3 9 4 11 5 22 6 27 7 2503 8 2506 9 2512 10 2516 11 2518 12 28 13 29 14 2520 15 2522 16 2525 17 2527 18 2530 19 2532 20 2535 21 34 22 35 23 37 24 44 25 2538 26 2542 27 2545 28 2549 29 2551 30 2554 31 2558 32 2560 33 2562 34 2565 35 2569 36 2572 37 2575 38 2579 39 2582 40 2583 41 2599 42 2601 43 2603 44 2605 45 2623 46 45 47 47 48 48 49 52 50 53 51 2630 52 2651 53 2656 54 2659 55 2662 56 2666 57 2677 58 2679 59 2682 60 2685 61 2688 62 2690 63 2692 64 2695 65 2697 66 2699 67 2702 68 2706 69 2708 70 2711 71 2713 72 2715 73 2717 74 65 75 2719 76 2728 77 68 78 2730 79 71 80 76 81 79 82 94 83 2732 84 96 85 97 86 98 87 101 88 2734 89 102 90 107 91 147 92 153 93 154 94 155 95 2736 96 2740 97 2752 98 2760 99 2768 100 2771 101 2774 102 2779 103 2790 104 2793 105 156 106 162 107 2796 108 163 109 181 110 183 111 184 112 2799 113 2806 114 2807 115 185 116 190 117 2812 118 198 119 210 120 212 121 216 122 2814 123 357 124 360 125 2827 126 368 127 369 128 370 129 372 130 376 131 393 132 2833 133 394 134 395 135 2836 136 396 137 400 138 402 139 404 140 412 141 414 142 415 143 2839 144 2842 145 417 146 422 147 2846 148 423 149 2852 150 2854 151 2856 152 2859 153 2860 154 2862 155 2896 156 2898 157 424 158 425 159 428 160 435 161 2902 162 437 163 2912 164 2913 165 443 166 445 167 473 168 474 169 475 170 477 171 479 172 482 173 484 174 2914 175 2916 176 2936 177 2939 178 2941 179 2960 180 2965 181 2967 182 2969 183 2972 184 2979 185 2986 186 3003 187 488 188 489 189 3019 190 3022 191 3024 192 3028 193 3031 194 3033 195 3050 196 3053 197 3066 198 492 199 3068 200 3071 201 495 202 3073 203 496 204 498 205 3105 206 3108 207 3128 208 3131 209 501 210 3136 211 3172 212 3175 213 3176 214 516 215 3177 216 3181 217 3185 218 519 219 3188 220 3190 221 3194 222 3209 223 3221 324 3225 225 3227 226 3230 227 3232 228 3270 229 3272 230 3299 231 3303 232 521 233 3306 234 3308 235 522 236 523 237 526 238 3312 239 3315 240 3317 241 526 242 3319 243 3322 244 3324 245 3327 246 529 247 3328 248 3332 249 3337 250 3339 251 3341 252 3343 253 3345 254 3349 255 3351 256 3353 257 3356 258 534 259 3358 260 3362 261 3365 262 3367 263 3369 264 3371 265 3373 266 3374 267 3376 268 3378 269 3380 270 3382 271 3384 272 3388 273 3391 274 3421 275 3452 276 3454 277 3456 278 3464 279 3477 280 3479 281 3481 282 3484 283 3486 284 3489 285 3521 286 3552 287 3561 288 3566 289 3569 290 3571 291 3574 292 3577 293 3580 294 3612 295 3615 296 3617 297 3639 298 3641 299 3644 300 3646 301 3648 302 3660 303 3662 304 3664 305 3665 306 3670 307 3672 308 3676 309 3678 310 3682 311 3684 312 3697 313 3700 314 3703 315 3706 316 3718 317 3720 318 3724 319 3726 320 3730 321 3761 322 3764 323 3765 324 3767 325 3783 326 539 327 3786 328 3788 329 3790 330 3792 331 3830 332 3831 333 3835 334 3839 335 3841 336 3843 337 3845 338 3847 339 3852 340 3854 341 3857 342 3859 343 3862 344 3864 345 3867 346 3871 347 3874 348 3876 349 3920 350 3922 351 3924 352 3927 353 3932 354 3934 355 3937 356 3944 357 3946 358 3948 359 3950 360 3952 361 3958 362 3960 363 3962 364 3966 365 3968 366 3970 367 4007 368 4009 369 4012 370 4015 371 4018 372 4020 373 4022 374 4025 375 4028 376 4031 377 4033 378 4038 379 4040 380 4042 381 4044 382 4078 383 4085 384 4087 385 4089 386 4092 387 4129 388 4131 389 4133 390 4138 391 4140 392 4142 393 4160 394 4199 395 4202 396 4208 397 4211 398 4214 399 4216 400 4218 401 4220 402 4222 403 4224 404 4226 405 4258 406 4265 407 4267 408 4270 409 4274 410 4294 411 4296 412 4328 413 4333 414 4334 415 4339 416 4341 417 4352 418 4357 419 4361 420 4363 421 4365 422 4367 423 4369 424 4371 425 4375 426 4377 427 4379 428 4382 429 4384 430 4386 431 4389 432 4394 433 4395 434 4398 435 4401 436 4433 437 4441 438 4444 439 4447 440 4449 441 4451 442 4452 443 4455 444 4457 445 4459 446 4463 447 4482 448 4485 449 4487 450 4490 451 4497 452 4498 453 4501 454 4504 455 567 456 574 457 575 458 576 459 578 460 583 461 607 462 607 463 609 464 672 465 674 466 675 467 682 468 684 469 685 470 686 471 4505 472 688 473 689 474 4506 475 690 476 691 477 693 478 696 479 697 480 701 481 704 482 705 483 706 484 711 485 713 486 714 487 4510 488 719 489 720 490 722 491 724 492 4511 493 725 494 727 495 729 496 735 497 737 498 739 499 741 500 754 501 755 502 757 503 760 504 763 505 764 506 766 507 766 508 769 509 770 510 772 511 773 512 774 513 777 514 778 515 4511 516 779 517 781 518 782 519 783 520 785 521 786 522 793 523 795 524 797 525 799 526 801 527 803 528 806 529 807 530 808 531 809 532 810 533 811 534 812 535 813 536 815 537 816 538 818 539 820 540 821 541 823 542 825 543 826 544 828 545 830 546 832 547 833 548 4512 549 835 550 836 551 837 552 842 553 843 554 845 555 848 556 849 557 850 558 852 559 853 560 855 561 857 562 858 563 859 564 861 565 862 566 863 567 866 568 868 569 869 570 872 571 873 572 874 573 876 574 878 575 879 576 882 577 883 578 885 579 888 580 898 581 900 582 908 583 910 584 911 585 913 586 914 587 4513 588 916 589 917 590 919 591 921 592 922 593 923 594 925 595 928 596 962 597 966 598 984 599 994 600 1002 601 1005 602 1006 603 1008 604 1045 605 1048 606 1071 607 1072 608 1074 609 4527 610 1079 611 1083 612 1085 613 4529 614 1089 615 1090 616 1092 617 1111 618 1112 619 1114 620 1115 621 1120 622 1134 623 1135 624 1138 625 1139 626 1140 627 1141 628 1143 629 1147 630 1147 631 4531 632 1148 633 1150 634 1152 635 1154 636 4532 637 1154 638 1156 639 1159 640 1161 641 1163 642 1165 643 1175 644 1179 645 1181 646 1184 647 1186 648 1188 649 1190 650 4533 651 1191 652 4534 653 1192 654 1194 655 1200 656 1202 657 1202 658 1209 659 1210 660 1211 661 1213 662 4535 663 1218 664 4536 665 1221 666 1223 667 1228 668 1231 669 1232 670 1234 671 1238 672 1242 673 1245 674 1246 675 4537 676 1247 677 1249 678 1251 679 1252 680 1254 681 1259 682 1262 683 1263 684 1268 685 4548 686 1286 687 1288 688 1290 689 1291 690 1298 691 4551 692 1299 693 1301 694 4554 695 1302 696 1303 697 4555 698 1312 699 1320 700 4558 701 1321 702 1323 703 1325 704 1328 705 1331 706 1333 707 1490 708 1494 709 1499 710 1506 711 4558 712 4559 713 4575 714 1514 715 4622 716 1522 717 1527 718 1534 719 1537 720 1551 721 1557 722 4627 723 4637 724 1563 725 1568 726 4646 727 1574 728 1576 729 1579 730 1582 731 4649 732 4649 733 4651 734 1590 735 1596 736 1601 737 1605 738 4657 739 4659 740 4670 741 4681 742 1619 743 1623 744 4687 745 1629 746 1632 747 4690 748 4722 749 1637 750 1639 751 1642 752 1645 753 4724 754 1650 755 4728 756 1651

Page 4897

EXTRAORDINARY SESSION Act No. Page 1 1729 2 1730 3 1732 4 1734 5 1886 6 1887

Page 4898

RESOLUTIONS BY NUMBER Res. No. Page 1 31 2 1666 3 104 4 179 5 2901 6 1668 7 1670 8 1672 9 1673 10 1675 11 1677 12 1680 13 1682 14 1683 15 1684 16 1687 17 1689 18 1690 19 1692 20 1693 21 1695 22 1696 23 1698 24 1700 25 1702 26 1704 27 1705 28 1724 29 4514 30 4515 31 4516 32 4517 33 4518 34 4519 35 4520 36 4521 37 4522 38 4523 39 4524 40 4525 41 4526 42 925 43 927 44 4531 45 1327 46 1329 47 1487 48 1489 49 1492 50 1496 51 1498 52 1501 53 4538 54 4539 55 1511 56 1520 57 1525 58 1532 59 1536 60 1538 61 1555 62 1558 63 1566 64 1572 65 4540 66 1575 67 1577 68 1580 69 1588 70 4542 71 1591 72 1594 73 1600 74 4545 75 1602 76 1605 77 1607 78 1609 79 1610 80 1612 81 1613 82 1616 83 1617 84 4546 85 4547 86 1621 87 1627 88 1630

Page 4899

VETOES 1975-1976 Session Veto No. Bill No. Subject Veto Date Act 1 HB 976 Town of Brooks, Mayor and Council, Numbering Posts 3-24-75 Act 2 HB 993 City of Ft. Mountain, Create a Charter 3-25-75 Act 3 HB 53 Create State Boxing Commission 4-28-75 Act 4 HB 203 Persons Authorized to Prescribe Drugs 4-28-75 Act 5 HB 237 State Employees Holding Office in City Less than 1,500 4-28-75 Act 6 HB 259 Employees Retirement System: Benefits Dept. of Revenue 4-28-75 Act 7 HB 290 City of Atlanta Firemen: Increase Pension 4-28-75 Act 8 HB 361 McDuffie County: Sheriff Housing Utility Expenses 4-28-75 Act 9 HB 376 Motor Contract Common Carriers: PSC Jurisdiction 4-28-75 Act 10 HB 382 Bingo-Nonprofit Game: Definitions 4-28-75 Act 11 HB 477 Mentally Ill: Hospitalized: Judicial or by Physician 4-28-75 Act 12 HB 709 Motor Vehicle Dealers: Additional Franchises 4-28-75 Act 13 HB 847 Professional Sanitarians: Education Requirements 4-28-75 Act 14 HB 859 Juvenile Courts: Keep Separate From Adults 4-28-75 Act 15 HB 940 Electrical Contractors: License W/O Examination 4-28-75 Act 16 HB 945 City of Smyrna: Tax Assessing Authorities 4-28-75 Act 17 SB 1 Motorized Bicycle: Registration Licensing 4-28-75 Act 18 SB 2 Motorized Bicycle: Exempt Inspection 4-28-75 Act 19 SB 59 Probate Court Ret: Sect'y Treas. Board of Commissioners 4-28-75 Act 20 SB 72 Marriage Family Counselor Lic. Board 4-28-75 Act 21 SB 160 MARTA: Membership of The Board of Directors 4-28-75 Act 22 SB 240 Create Douglas Judicial Circuit 4-28-75 Act 23 SB 351 Loans-Secured by Residential Property: Interest Charges 4-28-75 Act 24 SB 361 Motor Vehicles Operators: Financial Responsibility 4-28-75

Page 4901

COUNTIES AND SUPERIOR COURT CIRCUITS

Page 4902

APELLATE COURTS SUPREME COURT OF GEORGIA H. E. NICHOLS Chief Justice HIRAM K. UNDERCOFLER Presiding Justice WILLIAM B. GUNTER Associate Justice ROBERT H. JORDAN Associate Justice G. CONLEY INGRAM Associate Justice ROBERT H. HALL Associate Justice HAROLD N. HILL, JR. Associate Justice BEN G. ESTES Law Assistant MRS. EFFIE A. MAHAN Law Assistant JOHN A. SIBLEY, III Law Assistant S. ERNEST VANDIVER III Law Assistant JOHN P. McNAUGHTON Law Assistant MISS ROSEMARY KITTRELL Law Assistant MRS. MARGARET WARE DEIMLING 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 CHARLES A. PANNELL, SR. Presiding Judge BRASWELL D. DEEN, JR. Presiding Judge J. KELLEY QUILLIAN Judge RANDALL EVANS, JR. Judge H. SOL CLARK Judge IRWIN W. STOLZ, JR. Judge JULIAN WEBB Judge THOMAS O. MARSHALL Judge RICHARD L. RICE Law Assistant LOUIS A. PEACOCK Law Assistant MISS ALFREDDA SCOBEY Law Assistant T. MIL CLYBURN Law Assistant ROBERT H. BRINSON, JR. Law Assistant STEVEN SCHAIKEWIETZ Law Assistant CHARLES N. HOOPER Law Assistant JULIAN H. STEWART Law Assistant BURGESS W. STONE Law Assistant MORGAN THOMAS Clerk MISS EDNA E. BENNETT Deputy Clerk ABDA J. CONYERS Special Deputy Clerk WILEY H. DAVIS Reporter GUY M. MASSEY Asst. Reporter

Page 4903

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 November. CookFirst Monday in February October. LanierSecond Monday in January September. ALCOVY DISTRICT. HON. THOMAS W. RIDGWAY, Judge, P.O. Box 166, Monroe. JOHN T. STRAUSS, D.A., 2153 Thompson Ave., Covington. NewtonSecond third Mondays in January, April, July October. WaltonThird Monday in February, May, August 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, JOEL J. FRYER, Judges, Courthouse, Atlanta. LEWIS R. SLATON, D.A., Courthouse, Atlanta. FultonFirst Monday in January, March, May, July, September November. ATLANTIC CIRCUIT. HONS. PAUL E. CASWELL, Senior Judge, Hinesville, JOHN R. HARVEY, Judge, Pembroke. JOHN W. UNDERWOOD, D.A., Hinesville. BryanThird Monday in March; first Monday in November. EvansFirst Monday in April October. LibertyThird Monday in February September. LongFirst Monday in March; third Monday in August. McIntoshFourth Monday in February May; second Monday in September; first Monday in December. TattnallThird Monday in April October.

Page 4904

AUGUSTA CIRCUIT. HONS. JOHN F. HARDIN, WILLIAM M. FLEMING, JR., EDWIN D. FULCHER, FRANKLIN H. PIERCE, Judges, Augusta. RICHARD E. ALLEN, D.A., Augusta. BurkeSecond Monday in May November. ColumbiaFourth Monday in March September. RichmondThird Monday in January, March, May, July, September 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; first Monday in December. ForsythFourth Monday in March 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 third Mondays in February; third fourth Mondays in October. CamdenFirst Monday in April November; third Monday in June. GlynnSecond Monday in January, May September. Jeff DavisFirst second Mondays in March, June December; fourth Monday in September; first Monday in October. WayneThird fourth Mondays in April November; fourth Monday in January June.

Page 4905

CHATTAHOOCHEE CIRCUIT. HONS J. ALVAN DAVIS, Presiding Judge, Courthouse, Columbus. JOHN H. LAND, Judge, RFD, Whitesville Rd., Columbus. OSCAR D. SMITH, JR., Judge, Columbus. E. MULLINS WHISNANT, D.A., Hamilton. ChattahoocheeFourth Monday in March September. HarrisSecond Monday in January, May September. MarionFourth Monday in April October. MuscogeeFirst Monday in February, April, June, August, October December. TalbotSecond Monday in March November; third Monday in August. TaylorFirst second Mondays in January July. CHEROKEE CIRCUIT. HON. JEFFERSON L. DAVIS, Judge, P.O. Box 128, Cartersville. DAVID N. VAUGHAN, JR., D.A., P.O. Box 534, Cartersville. BartowFirst Monday in February August; fourth Monday in April October. GordonFirst Monday in March 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 November. COBB CIRCUIT. HONS. HOWELL COBB RAVAN, LUTHER C. HAMES, JR., JAMES L. BULLARD, Judges, Marietta. GEORGE W. (BUDDY) DARDEN, D.A., Marietta. CobbSecond Monday in January, March, May, July, September November.

Page 4906

CONASAUGA CIRCUIT. HONS. ROBERT VINING, JR., Senior Judge, Dalton. COY H. TEMPLES, Judge, Dalton. SAM BRANTLEY, D.A., Dalton. MurraySecond Monday in February October; fourth Monday in May; first Monday in August. WhitfieldSecond Monday in January, July September; first Monday in March, May November. CORDELE CIRCUIT. HON. WILLIAM LEROY McMURRAY, JR., Judge, P.O. Box 555, Cordele. D. E. TURK, D.A., Abbeville. Ben HillSecond third Mondays in January July; first second Mondays in April October. CrispFourth Monday the Mondays following in January July; third fourth Mondays in April October. DoolyThird fourth Mondays in February; second third Mondays in May, August November. WilcoxFirst second Mondays in March; fourth Monday the Monday following in June November. COWETA CIRCUIT. HONS. LAMAR KNIGHT, Senior Judge, P.O. Box 315, Carrollton. JOSEPH C. JACKSON, Judge, LaGrange. ELDRIDGE W. FLEMING, D.A., Hogansville. CarrollFirst Monday in April October. CowetaFirst Monday in March; first Tuesday in September. HeardThird Monday in March September. MeriwetherThird Monday in February, May, August November. TroupFirst Monday in February, May, August November. DOUGHERTY CIRCUIT. HONS. ASA D. KELLY, JR., Chief Judge, Courthouse, Albany. LEONARD FARKAS, Judge, Albany. WILLIAM S. (BILLY) LEE, D.A., Albany. DoughertySecond Monday in January, March, May, July, September November.

Page 4907

DUBLIN CIRCUIT. HON. W. H. (BILL) WHITE, Judge, Dublin. BEVERLY B. HAYES, JR., D.A., Dublin. JohnsonThird Monday in March, June, September December. LaurensFourth Monday in January, April, July October. TreutlenThird Monday in February August. TwiggsSecond Monday in January, April, July 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 December. FLINT CIRCUIT. HON. HUGH D. SOSEBEE, Judge, Forsyth. EDWARD E. McGARITY, D.A., P.O. Box 471, McDonough. ButtsFirst second Mondays in February November; first Monday in May; third fourth Mondays in August. HenrySecond, third fourth Mondays in January, April, July October. LamarFirst second Mondays in March, June December; second third Mondays in September. MonroeThird fourth Mondays in February, May November; first second Mondays in August. GRIFFIN CIRCUIT. HON. ANDREW J. WHALEN, JR., Judge, Griffin. BEN J. MILLER, D.A., Thomaston. FayetteFirst second Mondays in March; second third Mondays in September. PikeThird fourth Mondays in April November. SpaldingFirst second Mondays in February October; third fourth Mondays in June. UpsonThird fourth Mondays in March August; first second Mondays in November.

Page 4908

GWINNETT CIRCUIT. HONS. CHAS. C. PITTARD, DULUTH; REID MERRITT, P.O. Box 352, Lawrenceville, Judges. WILLIAM BRYANT HUFF, D.A., 256 Crogan St., Lawrenceville. GwinnettFirst Monday in January, March, May, July November; second Monday in September. HOUSTON CIRCUIT. HON. WILLIS B. HUNT, JR., Judge, Perry. STEPHEN PACE, JR., D.A., Perry. HoustonFirst Monday in January, March, May, July, September 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 August. DadeFirst Monday in April; second Monday in October. WalkerFirst Monday in May November. MACON CIRCUIT. HONS. HAL BELL, C. CLOUD MORGAN, Judges, Macon; GEORGE B. CULPEPPER, III, Judge, Fort Valley. FRED M. HASTY, D.A., Macon. BibbFirst Monday in February, April, June, August, October December. CrawfordThird fourth Mondays in March October. PeachFirst second Mondays in March August; third fourth Mondays in November.

Page 4909

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 January; fourth Monday in April; first Monday in August. RabunThird Monday in February; fourth Monday in May; fourth Monday in October. StephensSecond Monday in January; third Monday in May; first Monday in September. TownsFourth Monday in February; second Monday in September. UnionFirst Monday in April; first Monday in November. 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.

Page 4910

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. FranklinFourth Monday in March; first Monday in August; third Monday in October. 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 L. JACKSON, Judge, Gray; JOSEPH B. DUKE, Judge, Milledgeville. JOSEPH H. BRILEY, D.A., Gray. 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.

Page 4911

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; first 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., RFD 1, Bluffton. 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. ROYAL, JOHN A. FRAZIER, Judges, Rome. LARRY SALMON, D. A., Rome. FloydSecond Monday in January, March, July and September; first Monday in May and November.

Page 4912

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. WILLIAM F. BLANKS, Judge, Montezuma. 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; CLARENCE L. PEELER, JR., Decatur; CURTIS V. TILLMAN, Decatur; CLYDE HENLEY, 303 Courthouse, Decatur; TOM MORRIS ALLEN, Decatur; RAY C. NORVELL, Dunwoody, Judges. RICHARD BELL, D. A., 794 Allgood Rd., Rt. 5, Stone Mountain. DeKalbFirst Monday in January, March, May, July, September, and November. RockdaleFirst Monday in February, May, August and November.

Page 4913

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.

Page 4914

WAYCROSS CIRCUIT. HON. BEN A. HODGES, Senior Judge, Waycross. ELIE L. HALTON, Judge, Douglas. 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., 193 Hancock Ave., Athens. ClarkeSecond Monday in January, April, July and October. OconeeFourth Monday in January and July.

Page 4915

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Athens (Downtown) Development Authority established 1698 Auburn, Town of; homestead exemption provided 1680 Board of Corrections; substituted for Board of Offender Rehabilitation 1696 Board of Offender Rehabilitation, substituted for Board of Corrections 1696 Chattooga County; certain disposition of fees from Board of Education provided 1672 Corporations, charters; Secretary of State authorized to grant certain 1689 Counties; certain sinking fund investments authorized 1673 Counties, Federal community disaster loans authorized 1670 Coweta County; board of education, certain contracts authorized 1692 Coweta County; certain exemptions from ad valorem taxation provided 1700 Coweta County; justice of the peace courts abolished, etc. 1704 Crisp County; certain bond issuance authorized 1693 DeKalb County; certain garbage, etc., contracts authorized 1695 Douglas County; recall of certain county officers provided 1677 Downtown Athens Development Authority; established 1698 Downtown Newnan Development Authority; established provided 1675 East Point; business and industrial development authority created 1705 Indemnification; program for certain officers provided 1683 Lowndes County; certain historical interest real property exempted from certain ad valorem taxation 1702 Municipalities; certain sinking fund investments authorized 1673 Municipalities; Federal community disaster loans authorized 1670 Muscogee County, etc.; certain incentives provided for industrial development 1724 Newton County; tax payment time changed, etc. 1684 Outdoor advertising and Junkyard Zoning, certain 1668 Peach County; justices of peace, jurisdiction increased 1690 Perry, City of; homestead exemption provisions changed 1687 Political subdivisions, certain sinking fund investments authorized 1673 Political subdivisions, Federal community disaster loans authorized 1670 Savings and Loan Associations; certain political subdivisions investments in; authorized 1673 Sheriffs; minimum qualifications provided 1682 State Personnel Board; new, created 1666

Page 4916

CODE SECTIONS 9-9903AmendedAttorneys, unlawful practice, penalty increased 755 13-203AmendedCertain branch banking in adjacent counties provided (400,000 or more) 474 13-203.1AmendedBranch banks established 473 13-203.2AmendedAutomated bank teller facilities, certain installations authorized, etc. 475 15-3ChapterAmendedRetrocession of jurisdiction of land from U.S., authorization for 1301 20-2021EnactedMasturbation for hire prohibition, etc. 402 22TitleAmendedCorporations, late filing penalty, certain, reduced 778 23-305EnactedCounty line provisions changed, etc. 394 23-1705 (3)AmendedPublic contracts, performance bonds, maximum contract amount changed 810 23-24RepealedRelief to Confederate soldiers 688 24-1704AmendedProbate courts, judge, bond increased 922 24-2713AmendedSuperior court clerks, bonds increased 923 24-2727AEnactedSuperior court clerks, cost changes, etc. (600,000 or more) 1150 24-2805AmendedSheriff's bonds increased 921 24-3103RepealedCourt reporters fees, etc. 852 24A-2304RepealedAllowing commitment of certain children to Department of Corrections 184 26-1704AmendedBad check issuance, defined, etc. 482 26-1802AmendedShoplifting, criminal intent specified 876 26-2101AmendedObscene material provisions changed, etc. 498 26-2306Amendedpublic officers and employees, sales to political subdivisions, amounts of changed 854 26-2313EnactedWitnesses, certain influencing of prohibited 34 26-27ChapterAmendedGambling, certain advertisements prohibited, etc. 1072 26-9910EnactedSmoking in certain public places prohibited 45 27-207AmendedLawful arrest, degree of force used to effectuate certain, provided, etc. 1209 32-171EnactedUniversity system, Board of Regents, Ga. and U.S. history courses required 1140 32-903.2EnactedCounty boards of educationmember qualifications provided (400,000-500,000) 828 32-942AmendedEducation, extracurricular activities, funds authorized, etc. 94 34TitleAmendedElections, closing of registration list at certain time, etc. 803 34-807AmendedSpecial elections authorized at general elections 808 34-10AmendedElections, certain judicial officers, certain nonpartisan elections authorized 1251

Page 4917

34-10AmendedElections, qualifying with more than one party, prohibited, etc. 686 34-1005AmendedElections, primary date fixed 575 34-1010AmendedElections, nomination petition provisions changed 861 34-10AAmendedPresidential preference primary act amended 1223 , 1249 34-1313AmendedElections, firearms prohibited at polling places except by certain peace officers 807 34-1505AmendedElections, automatic recount provided, certain 806 34-1513AmendedElections, certain candidates not eligible for write-in candidacy in run-off 867 34A-706EnactedElections, provisions made for holding municipal primaries at general election 872 34A-906Georgia Municipal Code Amended 686 34A-1204AmendedElections, certain cities, poll closing time changed (300,000 or more) 769 34A-13AmendedElections, municipal, absentee ballots required, etc. 888 36-606AmendedEminent domain, fee simple interest authorized (County containing city of 250,000 or more) 1148 39-1105AmendedLegal advertisements, fees changed 52 40-1602AmendedAttorney general, duties clarified, etc. 882 40-19ChapterAmendedPurchase of goods, etc., from Director of Corrections, provisions clarified 488 40-19ChapterAmendedState employees bonds, beneficiaries provided 672 41ATitleAmendedFinancial institutions code amended 445 46TitleAmendedGarnishment affidavit, certain provided 1291 47-107AmendedGeneral AssemblyAdministrative floor leader, compensation changed, etc. 155 50-127AmendedHabeas corpus act amended 1143 53-206AmendedMarriage licensedriver's license authorized for age verification 1298 53-314RepealedHusband-wife, acts repealed requiring certain prosecutions 815 53-315RepealedHusband-wife, acts repealed requiring certain prosecutions 815 54-108-54-115RepealedWorkmen's Compensation Board, certain organizational sections 198 54-117AmendedDepartment of labor employees, travel expenses authorized 198 54-121RepealedWorkmen's Compensation Board, certain organizational sections 198 54-137-54-141RepealedWorkmen's Compensation Board, certain organizational sections 198 54-9910AmendedCommissioner of Laborperjury penalty provided 198

Page 4918

54-9911RepealedWorkmen's Compensation Board, certain organizational sections 198 56-214AmendedInsurance agents, probation authorized, etc. 1245 56-407AAmendedUninsured motorist coverages, provisions changed, etc. 1221 56-5ChapterCasualty insurance, apportionment of, certain, provided, etc. 1192 56-1103Nonresident insurance adjusters, licensing provided, etc. 1232 56-24ChapterAmended, industrial and commercialcancellation time limit provisions changed 1242 56-2442EnactedGroup policies of accident and sickness insurance, certain coordination of benefits prohibited 443 56-3009AmendedInsurance, renewal premiums, accident and sickness policies, certain circumstances for inapplicability provided 415 56-3111EnactedApplied psychologist provisions, insurance, changed, etc. 576 56-34ChapterAmendedHolding company systems, additional standards provided, etc. 1238 56-35ChapterEnactedLegal services, prepaid plans authorized 1268 57-101AmendedContract interest rate changed 370 59-101AmendedJury Commissioners, appointment provisions changed 826 57-101.1AmendedInterest, certain real estate loans, calculation of, changed 153 59-108Jurors, mechanical selection provided, etc. 825 59-112AmendedWomen, juries, provisions, changed, etc. 779 59-120AmendedBailiffs, compensation changed 684 59-203AmendedGrand Jurors, maximum number drawn, changed 809 59-6BChapterAmendedGrand juries, certain subpoena powers granted (400,000-600,000) 48 59-7AmendedJuries of 6, certain authorized 1331 61-4ChapterAmendedDistress warrants, new sections 1514 66-103AmendedDeceased employees, wage payments to survivors, amount increased 1191 67-7Mortgage foreclosure on personalty, provision deleted 1213 67-1301.1EnactedDeeds to secure debt, transfer fee authorized, etc. 370 68TitleAmendedMotor contract carriers, motor common carriers, provisions changed 836 68-502AmendedMotor contract carriers act, certain exemptions made 1190 68ATitleAmendedMotor vehicles, speed restrictions provided, etc. 1582 68A-202AmendedTraffic may turn right on certain red light 496

Page 4919

68A1002AmendedMotor vehicles, controlled access highways, removal after stoppage 1286 68A-1106AmendedTowed house trailer, riding in prohibited 1202 68BTitleEnactedDriver's Licensing act 1008 72-301AmendedMasturbation for hire prohibited, etc. 402 79-207AmendedWomen, juries, provisions changed, etc. 779 79A-402AmendedPharmacistsapplicant qualifications changed 97 79A-703AmendedDangerous drugs, Manufacturer authorized to give practitioner on certain conditions, etc. 690 79A-811AmendedMarijuana, certain distribution of, prohibited, etc. 1112 79A-828AmendedMarijuana conveyance forfeiture provided 919 79A-1009.1EnactedLabeling of certain drug required 691 84TitleAmendedProfessional engineers and land surveyors act 1048 84-1ChapterAmendedJoint-Secretary, State Examining Boards, certain authorizations provided, etc. 412 84-3AEnactedAuctioneering regulated 53 84-5ChapterAmendedChiropractic examiners, license fees changed, etc. 714 84-10AmendedNursing, practice of, new provisions 501 84-20RepealedConfederate soldiers, peddlers' rights repealed 689 84-21AEnactedGeologist Registration Act 163 85-4ChapterAmended; adverse possession of certain classes of property provided 725 88-3EnactedHealth inspection warrants provided 693 88-508.2AmendedIncompetency hearings, expenses changed 719 88-9ChapterAmendedAir quality control act amended 1522 88-17ChapterAmendedDeath, determination criteria, provided 1629 88-17ChapterAmendedVital records, provisions changed 1179 88-1721Birth certificates, procedure for certain changes provided, etc. 855 88-1824EnactedHospital AuthoritiesState grants to, authorized 777 88-29ChapterAmendedMentally ill, care and treatment of, consent provisions changed, etc. 704 88-31AmendedAmbulance insurance, condition precedent to license 916 89-418AmendedPublic officers, bonds, indemnification provisions changed 1089 89-811county school funds, federal savings loan institutions, depositories authorized, etc. 696

Page 4920

89-9908Public officers, unsworn statement to grand jury, right abolished 1325 90.2ChapterAmendedState library, provisions changed 741 91-1AAmendedState properties code 1092 91-1126RepealedPublic utilities, certain use law repealed 29 92TitleAmendedCounties and municipalities, tax notices, certain information for inclusion on provided, etc. 1083 92TitleAmendedUnpaid taxes, date when interest commences changed, etc. 1252 92-1403AmendedMotor fuel tax law amended, certain exemptions for nonhighway use changed 414 92-1417AmendedMotor fuel tax exemptions provided 873 92-24AmendedTaxation of banking shares provided, etc. 147 92-3002AmendedNonresident defined for income tax purposes 858 92-3107AmendedNet income defined, etc. 843 92-3108AmendedNet income defined, etc. 843 92-3201AmendedIncome tax, definition of who must filed provided 859 92-3303AmendedFederal tax corrections, time for filing for Ga. assessment or refunds reduced 862 92-39AEnactedTaxes, etc., refund of overpayments authorized, etc. 774 92-5001AmendedUnpaid taxes, interest rate on changed 835 92-5702AmendedFair market value for taxation, meaning of provided 96 92-6201AmendedTax returns, time for making, changed (15,000-15,500) 526 92-6202.1AmendedAutomatic return of property for taxation provided, etc. (municipalities of 15,000 in counties of 59,000-60,000) 701 92-6402AmendedCounty taxes, installment payment date changed (350,000-600,000) 1085 92-6912AmendedCounty board of equalization, member selection changed, etc. 1090 92-7601AmendedTax executions, interest, maximum rate provided 811 92-8411AmendedTax liens, under certain circumstances, property may be released 423 93-3AmendedPublic Service Commission, operations amended, etc. 404 99-309.3AmendedElectric, gas, water service, certain billings for, provided, etc. 574 93-3AEnactedConsumers' Utility Counsel, office created 372 95A-302AmendedRoads, Rapid Transit Authorities, etc., certain occupation by, provided for 98 95A-306AmendedBoard of transportationcommission of members, great seal of State to be affixed 833 95A-310AmendedCommissioner of Transportation, etc., service as State Highway Engineer authorized 102

Page 4921

95A-605AmendedRoads, condemnation provisions changed 812 95A-802AmendedPublic transportation code amended 1159 95A-959AmendedRoads, maximum loads on certain vehicles changed 68 95A-960AmendedRoads, enforcement of load limitation provisions changed 1154 95A-961AmendedRoads, excess weight provisions amended, portable buildings 400 99-36ChapterAmendedResidential finance authority, name change, etc. 1651 101.1ChapterAmendedState library, provisions changed 741 101.2ChapterAmendedState library, provisions changed 741 113-602AmendedWills, probate in solemn form changed 764 113-1508AmendedFuneral expenses made claim against estate of decedent 711 114TitleAmendedWorkmen's Compensation Act amended 190 , 198 114TitleAmendedWorkmen's Compensation Act to cover certain health agencies 1231 COURTS SUPERIOR COURTS Atlanta circuit; Assistant district attorney, salary provisions 526 Bacon; clerk, placed on salary 3328 Bailiffs; compensation of, changed 684 Baldwin; court reporters, expense allowance provided 1303 Banks; clerk placed on salary, etc. 2793 Bibb; grand jury provisions changed 4020 Bleckley; clerk, salary of clerical assistants changed 4384 Brantley; clerk, etc., salary increased 3920 Brooks; additional judge provided 185 Butts; additional judge provided, etc. 760 Camden; clerk, etc., salary increased 4138 Candler; clerk's personnel, salary changes 3839 Catoosa; clerk, salary changed, etc. 2856 Catoosa; court reporter, salary changed 534 Charlton; clerk, salary changed 3946 Chattooga; court reporter, salary changed 534 Clerks, bonds increased 923 Clerks, cost changes, etc. (600,000 or more) 1150 Cobb; assistant district attorneys, provisions changed 1321 Cobb; clerk, etc., salary changes 4459 Cobb; investigator, salary changed 1323 Cobb circuit; assistant district attorneys, provisions changed 1321 Cobb circuit; court reporters', salaries changed 1563 Cobb circuit; investigator, salary changed 1323

Page 4922

Coffee; clerk, personnel salary changes 4140 Colquitt; additional judge provided 185 Court reporters' fees, judicial council to fix 852 Dade; court reporter, salary changed 534 Dade; deputy clerk, salary changed 3230 District attorneys, assistant, certain payment of certain expenses provided 821 District attorneys, certain assistant, salaries changed (54,500-58,000) 1111 Dodge; clerk, etc., salary changed 4444 Dougherty circuit; Books authorized 1575 Douglas; assistant district attorney, office created 437 Echols; additional judge provided 185 Evans; terms changed 4649 Flint circuit; additional judge provided, etc. 760 Gilmer; clerk placed on salary 4386 Gordon; clerk, etc., salary changed 2711 Greene; court reporters, expense allowance provided 1303 Habersham; certain terms of court changed 729 Hancock; court reporters, expense allowance provided 1303 Haralson; assistant district attorney, office created 437 Henry; additional judge provided, etc. 760 Jasper; court reporters, expense allowance provided 1303 Jefferson; clerk placed on salary 3612 Jones; court reporters, expense allowance provided 1303 Judges, nonpartisan elections, certain, authorized 1251 Juries of six, certain, authorized 1331 Jurors, mechanical selection provided, etc. 825 Jury commissioners, appointment provisions changed 826 Lamar; additional judge provided, etc. 760 Long; clerk placed on salary 4028 Lookout circuit; court reporter, salary changed 534 Lowndes; additional judge provided 185 McIntosh; clerk, assistant to, salary changed 3932 Meriwether; clerk, salary changed, etc. 2520 Miller; clerk, placed on salary, etc. 2545 Miller; clerk, relieved of certain duties, etc. 2542 Miller; terms changed 4511 Monroe; additional judge provided, etc. 760 Morgan; clerk, etc., salary changes 2682 Morgan; court reporters, expense allowance provided 1303 Mountain circuit; certain terms of court changed 729 Newton; public defender, office abolished 2699 Ocmulgee circuit; court reporters, expense allowance provided 1303 Paulding; assistant district attorney, office created 437 Peach; clerk, budget disputes, arbitration provisions changed 3374 Pickens; clerk placed on salary 3697 Polk; assistant district attorney, office created 437 Putnam; court reporters, expense allowance provided 1303

Page 4923

Rabun; certain terms of court changed 729 Rockdale; clerk, etc., salary changes, etc. 2697 Rockdale; public defender, office abolished 2699 Rockdale; public defender provided 2685 Secretaries, classified, etc. 1506 Seminole; clerk's personnel, salary changes 4211 Southern circuit; additional judge provided 185 Stephens; certain terms of court changed 729 Tallapoosa circuit; assistant district attorney, office created 437 Tattnall; clerk, personnel, salaries changes 3303 Thomas; additional judge provided 185 Towns; certain terms of court changed 729 Union; certain terms of court changed 729 Walker; court reporter, salary changed 534 Wilkinson; court reporters, expense allowance provided 1303 CITY COURTS Clerks, bonds increased 925 Juries of 6, certain, authorized 1331 CIVIL COURTS Clerks, bonds increased 925 Decatur; judge, solicitor, salaries changed 3454 Fulton; appeal provisions changed 3761 Fulton; cost deposit changed 4651 Fulton; judges and solicitor-general, retirement act amended 3181 CRIMINAL COURTS Clerks, bonds increased 925 Decatur; judge, solicitor, salaries changed 3454 Fulton; criminal court, solicitors salaries fixed 2812 Fulton; director of traffic violations bureau, etc., salary changes 3185 Fulton; judges and solicitor-general, retirement act amended 3181 MUNICIPAL COURTS Clerks, bonds increased 925 JUVENILE COURTS Cobb; judge, salary changed 4451 Fulton; judges and solicitor-general, retirement act amended 3181 Judge, compensation act repealed, certain 4511

Page 4924

STATE COURTS Appling; judge, salary changed, etc. 4487 Candler; judge, salary changed, etc. 3831 Clayton; judge, salary changed, etc. 2708 Clerks, bonds increased 925 Cobb; assistant solicitors, salaries changed 2730 Cobb; clerk, salary changed 4455 Cobb; solicitor, etc., duties required 4498 Cobb; solicitor, salary changed 4501 DeKalb; investigators provided, etc. 2728 Early; judge, salary changed 2530 Effingham; judge, salary changed 3322 Houston; created, etc. 2584 Jefferson; judge, salary changed, etc. 3615 Judges, salaries provided (6,513-6,600) 4532 Laurens; secretary provided 4447 Liberty; judge, salary changed, etc. 3786 Lowndes; judge, compensation changed, etc. 2569 Miller; solicitor placed on salary 2549 Richmond; ordinance enforcement provided 3867 Thomas; judge, salary changed, etc. 3345 Washington; juror selection, changed, etc. 4018

Page 4925

COUNTIES AND COUNTY MATTERS NAMED COUNTIES Appling; state court, judge, salary changed, etc. 4487 Appling; tax commissioner, office created 4199 Appling, water authority act 2605 Atkinson; sheriff, salary changed 2734 Bacon; sheriff, etc., salary changes 4294 Bacon; superior court clerk placed on salary 3328 Baker; tax commissioner, office created, etc., referendum 2662 Baker; treasurer, office abolished, etc., referendum 2659 Baldwin; land conveyance authorized 1577 Baldwin; superior court, reporters, expense allowance provided 1303 Baldwin; tax commissioner, office created, etc. 2774 Banks; superior court clerk, placed on salary, etc. 2793 Ben Hill; Board of commissioners, administrative officer provided, etc. 2503 Berrien; conveyance of land to authorized 1489 , 1492 Berrien; school superintendent, appointment provided, referendum 2525 , 3388 Bibb; grand jury provisions changed 4020 Bleckley; commissioner, clerk, salary changed 4379 Bleckley; commissioners, expenses changed 4657 Bleckley; deputy sheriff, salary changed 4382 Bleckley; probate court, clerk, salary changed 4377 Bleckley; superior court clerk, salary of clerical assistants changed 4384 Bleckley; tax commissioner, clerks, salary changed 4375 Brantley; board of education, election provided, etc., referendum 3937 Brantley; superior court clerk, etc., salary increase 3920 Brooks; additional judge provided 185 Bryan; board of commissioners, election provisions changed, referendum 3024 Bryan; sheriff, salary changed, etc. 3871 Bryan; tax commissioner, salary changed 3874 Butts; additional judge provided, etc. 760 Butts; sheriff, salary changed 4038 Calhoun; sheriff, salary changed, etc. 2898 Camden; superior court clerk, etc., salary increased 4138 Candler; board of commissioners, salary changes 3835 Candler; probate court, judge's salary changed 3841 Candler; state court, judge, salary changed, etc. 3831 Candler; superior court clerk's personnel, salary changes 3839 Candler; tax commissioner, personnel salary changes, etc. 3830 Catoosa; commissioner, salary changed 2852 Catoosa; court reporter, salary changed 534 Catoosa; sheriff, allowance for feeding prisoners changed 2914

Page 4926

Catoosa; sheriff, personnel salary changes 4398 Catoosa; superior court clerk, salary changed, etc. 2856 Catoosa; tax commissioner, clerical allowance changed 2854 Charlton; board of education, election provided, referendum 3952 Charlton; sheriff, salary changed 3948 Charlton; superior court clerk, salary changed 3946 Charlton; tax commissioner, salary changed, etc. 3950 Chatham; board of education; members salaries changed, referendum 3962 Chattooga; board of education, disposition of certain fees provided, proposed amendment to the Constitution 1672 Chattooga; court reporter, salary changed 534 Chattooga; sheriff's office, provisions changed 2972 Clarke; prisoners, food allowance increased 4031 Clayton; public property, disposition of provided, etc. 2827 Clayton; state court, judge, salary changed, etc. 2708 Clayton; water authority act amended, pension changes 3682 Clinch; sheriff, salary changed, etc. 2896 Cobb; juvenile court, judge, salary changed 4451 Cobb; probate court, clerk, salary changed 4457 Cobb; state court, assistant solicitors, salaries changed 2730 Cobb; state court, clerk, salary changed 4455 Cobb; state court, solicitor, etc., duties required 4498 Cobb; state court, solicitor, salary changed 4501 Cobb; superior court, assistant district attorneys, provisions changed 1321 Cobb; superior court clerk, etc., salary changes 4459 Cobb; superior court, reporters' salaries changed 1563 Cobb; superior court, investigator, salary changed 1323 Cobb; tax commissioner, etc., salary changed 4452 Coffee; superior court clerk, personnel salary changes 4140 Colquitt; additional judge provided 185 Columbia; airport authority act 4559 Columbia; Appling water authority act 2605 Coweta; board of education, certain contracts authorized; proposed amendment to the Constitution 1692 Coweta; certain exemptions from ad valorem taxation provided, proposed amendment to the Constitution 1700 Coweta; justices of the peace courts abolished, etc.; proposed amendment to the Constitution 1704 Crawford; board of commission members, salary changes 3380 Crawford; deputy sheriffs, salaries changed 3373 Crawford; treasurer, salary changed 3371 Crisp; certain bond issuance authorized; proposed amendment to the Constitution 1693 Dade; commissioner, personnel salary changes 3227 Dade; court reporter, salary changed 534 Dade; probate court, personnel, salaries changed 3225 Dade; sheriff, budget provisions changed 2969 Dade; superior court clerk, deputy, salary changed 3230

Page 4927

Dade; tax commissioner, salary changed, etc. 3221 Decatur; civil, criminal court, judge, solicitor, salaries changed 3454 Decatur; hospital authority, members, appointment of, provided, referendum 4087 Decatur; tax commissioner, salary changed 3452 DeKalb; board of education, districts changed, referendum 2752 DeKalb; demolition of certain structures authorized, etc. 3927 DeKalb; garbage, etc., certain contracts authorized; proposed amendment to the Constitution 1695 DeKalb; justices of the peace study committee created 4542 DeKalb; Oglethorpe housing development authority act, new title provided, etc. 3053 DeKalb; recorder's court; marshal appointment provisions changed 3660 DeKalb; school property utilization study committee created 4540 DeKalb; state court, investigators provided, etc. 2728 Dodge; board of education, election directed, referendum 3031 Dodge; commissioner, salary increased, etc. 4441 Dodge; superior court clerk, etc., salary changed 4444 Dooly; prisoner feeding provisions changed 3934 Dougherty; (Albany) payroll development authority act amended 3172 Dougherty; board of commissioners, method of electing chairman changed, etc. 2656 Dougherty; books authorized 1575 Dougherty; county administrator provided 2651 Douglas; assistant district attorney, office created 437 Douglas; board of commissioners, membership increased, etc., referendum 2506 Douglas; board of commissioners, recall provisions made 2512 Douglas; board of commissioners, vacancy provisions changed 2516 Douglas; recall of certain county officers provided; proposed amendment to the Constitution 1677 Early; coroner placed on salary, etc. 2535 Early; state court, salary of judge changed 2530 Early; tax commissioner, salary changed 2532 Echols; additional judge provided 185 Echols; board of commissioners, salaries changed 3662 Echols; sheriff, salary changed 3664 Effingham; state court, judge, salary changed 3322 Emanuel; board of commissioners, expense provisions changed 3843 Emanuel; small claims court created 4341 Evans; multi-city water and sewerage authority act 3033 Evans; superior court terms changed 4649 Fannin; board of commissioners, duties changed, etc. 2815

Page 4928

Fannin; probate court, personnel provided 4363 Fannin; sheriff, salary changed, etc. 4482 Forsyth; water and sewerage authority act 3767 Franklin; sheriff, prisoner feeding provisions changed 4089 Fulton; certain waiver of government immunity provided 3050 Fulton; civil court, appeal provisions changed 3761 Fulton; civil court, cost deposit changed 4651 Fulton; criminal court, director of traffic violations bureau, etc., salary changes 3185 Fulton; criminal court, solicitors salaries fixed 2812 Fulton; judges and solicitors-general, certain courts, retirement act amended 3181 Fulton; land conveyance authorized 1613 Fulton; retirement, military credit provided 3066 Gilmer; commissioner, salary changed, etc. 4042 Gilmer; sheriff, salary changed, etc. 4040 Gilmer; superior court clerk placed on salary 4386 Glynn; sheriff's office, personnel provisions changed 3726 Glynn; tax commissioner's deputy, salary changed, etc. 3670 Gordon; board of commissioners created, referendum 2719 Gordon; commissioner, salary changed 2717 Gordon; sheriff, salary changed, etc. 2715 Gordon; superior court clerk, etc., salary changed 2711 Gordon; tax commissioner, salary changed 2713 Grady; land conveyance authorized 1501 Grady; sheriff, salary changed, etc. 4724 Greene; board of education, terms staggered, etc., referendum 4270 Greene; small claims court created, etc. 2666 Greene; superior court, reporters, expense allowance provided 1303 Gwinnett; public facilities authority act 4463 Gwinnett; recreation authority act 3108 Habersham; certain terms of court changed 729 Hall; board of commissioners, terms changed, referendum 3574 Hall; revenue, certain state taxes, installments provided 3339 Hancock; superior court, reporters, expense allowance provided 1303 Hancock; tax commissioner, salary changed, etc. 2967 Haralson; assistant district attorney, office created 437 Haralson; commissioner, salary changed 4218 Haralson; probate court, salary of clerk changed 4224 Haralson; sheriff, deputy, salary changed 4222 Haralson; tax commissioner, personnel salary changes 4220 Haralson; treasurer, salary changed 4216 Harris; board of education, election of members provided, etc., referendum 2960 Harris; coroner, salary changed 4365 Harris; small claims court, jurisdictional amounts changed 4367 Heard; commissioner, office created, referendum 4433

Page 4929

Henry; additional judge provided, etc. 760 Henry; deputy sheriff, salary provisions changed 4131 Henry; development authority act amended 2833 Henry; school superintendent, annual report requirement removed 4129 Houston; coroner, salary of, changed 2599 Houston; hospital authority, provisions for filling vacancies made 2601 Houston; Perry redevelopment authority act 2902 Houston; state court created, etc. 2584 Irwin; board of commissioners, personnel changes, etc. 3700 Irwin; deputy sheriff, salary changed, etc. 3703 Jasper; superior court, reporters, expense allowance provided 1303 Jasper; tax commissioner placed on salary, etc. 2768 Jeff Davis; board of commissioners, school superintendent, audit provisions changed 3852 Jefferson; state court judge, salary changed, etc. 3615 Jefferson; superior court clerk, placed on salary 3612 Johnson; deputy sheriff, salary changed 3765 Johnson; tax collector salary changed 3764 Johnson; tax receiver, salary changed 4497 Jones; probate court judge, placed on salary 2796 Jones; small claims court, jurisdiction changed, etc. 3561 Jones; superior court, reporters, expense allowance provided 1303 Lamar; additional judge provided, etc. 760 Lamar; probate court; judge, salary changed, etc. 3365 Lamar; small claims court created 3464 Lamar; tax commissioner, salary changed, etc. 3362 Laurens; board of commissioners, salaries changed 4485 Laurens; state court, secretary provided 4447 Lee; sheriff, salary changed, etc. 2839 Lee; tax commissioner, office created 2842 Lee; treasurer, salary changed 3337 Liberty; board of commissioners, salary changes 3718 Liberty; sheriff, salary changed, etc. 2790 Liberty; small claims court created 3706 Liberty; state court, judge, salary changed, etc. 3786 Liberty; tax commissioner, salary changed 3862 Lincoln; board of commissioners, chairman, salary changed 4012 Lincoln; sheriff, salary changed 4007 Long; board of commissioners, clerk, salary changed 3369 Long; board of commissioners, operating budget provided 3367 Long; probate court judge placed on salary, etc. 4022 Long; superior court clerk placed on salary 4028 Long; tax commissioner, office created 4025 Lowndes; additional judge provided 185 Lowndes; board of commissioners, county manager provided 2565

Page 4930

Lowndes; historical interest real property, certain, exempted from certain ad valorem taxation; proposed amendment to the Constitution 1702 Lowndes; state court, compensation of judge changed, etc. 2569 Marion; sheriff, salary changed, etc. 3481 Marion; tax commissioner, salary changed 3484 McDuffie; small claims court, cost changes, etc. 3312 McIntosh; deputy sheriffs, salaries changed 3644 McIntosh; superior court clerk, assistant to, salary changed 3932 Meriwether; land lease authorized 1532 Meriwether; probate court, clerk of judge, salary changed 2522 Meriwether; sheriff, salary changed 2579 Meriwether; superior court clerk, salary changed, etc. 2520 Meriwether; water and sewerage authority act 3194 Miller; board of commissioners, probate court judge removed as member, etc. 2575 Miller; probate court, judge placed on salary 2572 Miller; sheriff, salary changed 2551 Miller; state court; solicitor placed on salary 2549 Miller; superior court clerk, placed on salary, etc. 2545 Miller; superior court clerk, relieved of certain duties, etc. 2542 Miller; superior court terms changed 4511 Monroe; additional judge provided, etc. 760 Monroe; small claims court, substitute judge, provisions for changed, etc. 3552 Montgomery; land conveyance authorized 1525 Montgomery; tax commissioner, salary determination provided 3966 Morgan; superior court clerk, etc., salary changes 2682 Morgan; superior court, reporters, expense allowance provided 1303 Muscogee, etc.; certain incentives provided for industrial development; proposed amendment to the Constitution 1724 Newton; board of education, reconstituted, etc. referendum 3577 Newton; local legislative study committee 4547 Newton; public defender, office abolished 2699 Newton; tax payment time changed, etc.; proposed amendment to the Constitution 1684 Oconee; board of commissioners, election changed, etc. 3105 Paulding; assistant district attorney, office created 437 Paulding; board of commissioners created, referendum 2916 Paulding; law library books, furnishing of 4546 Paulding; water authority, quorum provisions changed 3845 Peach; justices of peace, jurisdiction increased; proposed amendment to the Constitution 1690 Peach; probate court, budget disputes, arbitration provisions changed 3376 Peach; sheriff, budget arbitration provisions changed 4339

Page 4931

Peach; superior court clerk, budget disputes, arbitration provisions changed 3374 Peach; tax commissioner, budget disputes, arbitration provisions changed 3378 Pickens; superior court clerk placed on salary 3697 Pike; tax commissioner, deputy, salary changed 3479 Pike; tax commissioner, salary changed 3477 Polk; assistant district attorney, office created 437 Polk; deputy sheriffs, salaries changed 3960 Pulaski; sheriff's deputies, provisions changed 2518 Putnam; superior court; reporters, expense allowance provided 1303 Quitman; board of commissioners, terms of office changed 3351 Quitman; treasurer, salary changed 2603 Rabun; airport authority act 3003 Rabun; certain terms of court changed 729 Randolph; sheriff, expense provisions changed, etc. 2732 Richmond (Augusta); coliseum authority act amended, powers defined, etc. 4681 Richmond; board of commissioners, certain purchases authorized without bid 4334 Richmond; ordinance adoption authorized 4548 Richmond; probate court judge emeritus, procedures provided 3068 Richmond; state court, ordinance enforcement provided 3867 Rockdale; commissioner, salary changed 2695 Rockdale; coroner, salary changed 2690 Rockdale; probate court, judge, etc., salary changes, etc. 2692 Rockdale; public defender, office abolished 2699 Rockdale; public defender provided 2685 Rockdale; sheriff, etc., salary changes, etc. 2702 Rockdale; superior court clerk, etc., salary changes, etc. 2697 Rockdale; tax commissioner, salary changed, etc. 2688 Screven; coroner, salary changed 3382 Seminole; land conveyance to authorized 1520 Seminole; superior court clerk's personnel, salary changes 4211 Spalding; board of commissioners, personnel provided 3022 Spalding; board of commissioners, salaries changed, etc., referendum 4352 Stephens; board of commissioners, provisions changed 3864 Stephens; certain terms of court changed 729 Taliaferro; board of commissioners, chairman, expense provisions changed, etc. 4009 Taliaferro; small claims court created 3648 Tattnall; small claims court created 3684 Tattnall; superior court clerk, personnel, salaries changes 3303 Tattnall; tax commissioner, office created 3299 Taylor; board of education, number of members changed 3486 Terrell; probate court, judge placed on salary, etc. 2527 Thomas; additional judge provided 185 Thomas; state court, judge, salary changed, etc. 3345

Page 4932

Tift; board of commissioners, chairman, eligibility provisions provided 4015 Toombs; sheriff, salary changed 3341 Toombs; tax commissioner, salary changed 3343 Towns; certain terms of court changed 729 Troup; sheriff, etc., salaries changed 3859 Turner; sheriff, salary changed, etc. 3384 Twiggs; sheriff, salary changed, etc. 2562 Union; certain terms of court changed 729 Union; commissioner, office created, referendum 4490 Union; sheriff, salary changed, etc. 4361 Upson; board of education authorized to appoint school superintendent, referendum 3356 Upson; commissioners of roads and revenues, terms changed, etc. 3353 Upson; sheriff placed on salary, etc. 2846 Walker; court reporter, salary changed 534 Walker; land conveyance to authorized 1594 Walton; sheriff, personnel provided 3847 Ware (Waycross); development authority act amended, membership provisions changed 3958 Washington; sheriff, salary changed, etc. 3924 Washington; state court, juror selection, changed, etc. 4018 Wilcox; sheriff, method of paying expenses changed 2582 Wilkes; board of commissioners recreated 2979 Wilkinson; minimum ad valorem tax provided 2560 Wilkinson; sheriff, salary changed, etc. 2554 Wilkinson; superior court, reporters, expense allowance provided 1303 Wilkinson; tax commissioner, clerical assistant to, salary changed 2558 Worth; board of education, superintendent, appointment provided, etc., referendum 4202 COUNTY-WIDE GOVERNMENTS Columbus; certain incentives provided for industrial development, proposed amendment to the Constitution 1724 Columbus, charter amended, certain transfer power authorized 3854 Columbus, drainage projects authorized, etc. 3456 Sales and use tax, certain referendum authorized 1729 COUNTY AND COUNTY MATTERS BY POPULATION 5,900-6,000; board of commissioners, expense allowance provided 4536 6,513-6,600; state court judges, salaries provided 4532 10,600-10,900; sheriffs, etc., salaries provided 4537

Page 4933

15,000-15,500; tax returns, time for making changed 526 18,100-18,250; superior court clerks, deputies salaries fixed 2913 18,100-18,250; tax commissioners, deputies, salaries fixed 2912 18,200-18,300; Board of elections provided 4506 19,300-20,000; coroners, salaries changed 4513 27,000-28,000; small claims court, population figures changed, etc. 4551 27,300-28,000; certain sheriffs personnel, salaries supplemented 1887 54,500-58,000; district attorneys, certain assistant, salaries changed 1111 59,000-60,000 (municipalities of 15,000 within); taxation, automatic return of property, provided, etc. 701 66,000-73,000; coroners fees increased 4505 145,000-165,000; alcoholic beverages, certain, may be consumed on premises, etc. 2806 145,000-165,000; Water and sewerage service increased, prior county approval required 4558 150,000-165,000; county treasurer emeritus, established 4529 180,000-190,000; county boards of equalization; member provisions changed 1732 180,000-190,000; intoxicating beverages may be consumed on premises, etc., certain counties and municipalities, etc., referendum 3128 185,000-190,000; clerks, salaries changed 2859 185,000-190,000; probate court judges, compensation fixed 4534 185,000-190,000; superior court clerks, salaries changed 2859 350,000-600,000; taxes, installment date changed 1085 400,000-500,000; county boards of education, membership qualifications provided 828 400,000-500,000; sold signs authorized on certain residential property, etc. 4533 400,000-600,000; grand juries, subpoena powers granted 48 400,000-600,000; intoxicating beverages, certain consumption authorized 4535 400,000 or more; certain branch banking authorized in certain adjacent counties 474 400,000 or more; school bus drivers regulated 4527 500,000 or more; elections supervisor, provisions changed 4512 500,000 or more; sheriff, compensation changed 4510 600,000 or more; building inspectors, certain authorizations provided, etc. 4531 600,000 or more; superior court clerks, cost changes, etc. 1150 600,000 or more, or adjacent 70,000, except 70,000-72,000; Garbage, etc., exceptions to act prohibiting certain dumping provided 869 600,000 or more (cities within of 400,000 or more); interest on ad valorem taxes increased 4646 Certain, purchasing agent provisions changed 1147 Homestead exemptions; applications eliminated, certain counties 4558

Page 4934

Sheriff's office; certain counties, salary changes 4555 COUNTIES AND COUNTY MATTERSHOME RULE ACTIONS Hall; county depositories provisions changed 4739 Pulaski; clerk of commissioners, act repealed 4746 Bibb; board of commissioners, auditor provisions changed 4732 Bibb; board of commissioners, certain act repealed 4736 Bibb; board of commissioners, time of meetings changed 4733 MUNICIPAL CORPORATIONS NAMED CITIES Albany; (Dougherty) payroll development authority act amended 3172 Allenhurst; charter amended, election provisions changed, etc. 3641 Alpharetta; charter amended, certain land de-annexed 3315 Alpharetta; charter amended, mayor, salary changed 3317 Athens; charter amended, election provisions changed 3319 Athens; charter amended, mayor, duties defined, etc., referendum 2779 Athens (Downtown) Development Authority Established; proposed amendment to the Constitution 1698 Atlanta; board of education, urged to share retirement costs increase 4538 Atlanta; Cyclorama, historical value declared 4530 Atlanta; charter amended, corporate limits changed 4649 , 4687 , 4722 , 4728 Atlanta; conveyance of land to authorized 1617 Attapulgus; new charter 3391 Auburn; charter amended, residency voting requirement changed, etc. 3209 Auburn; homestead exemption provided; proposed amendment to the Constitution 1680 Augusta; charter amended, additional pension fund investments authorized 2936 Augusta; ports authority act amended, additional members provided 2939 Augusta (Richmond); coliseum authority act amended, powers defined, etc. 4681 Augusta (Savannah); river parking and urban redevelopment authority act 2941 Austell; charter amended, corporate limits changed 4627 Barnesville; charter amended, city ward boundaries changed 3720 Barwick; new charter 4226 Baxley; charter amended, corporate limits changed, referendum 3678 Berkely Lake; new charter 3272

Page 4935

Buchanan; charter amended, mayor's court provisions changed 4214 Cairo; charter amended, election provisions changed 3270 Carl; charter amended, term of office of mayor changed, etc. 4371 Cartersville; charter amended, mayor, terms changed, etc. 4265 Centerville; charter amended, corporate limits changed 2836 Chatsworth; charter amended, sale of certain property authorized, etc. 3646 Climax; new charter 3421 Cobbtown; charter amended, terms of office changed 3566 Collins; new charter 3792 Colquitt; new charter 3521 Commerce; charter amended, election requirements changed 4394 Cordele; office building authority, certain restrictions provided, etc. 4395 Crawfordville; reincorporated 2986 Cusseta; new charter 3617 Danielsville; charter amended, terms changed 3569 Doerun; new charter 4690 East Dublin; charter amended, election provisions changed 4449 East Point; business and industrial development authority created; proposed amendment to the Constitution 1705 Edison; new charter 3489 Ellenton; new charter 3073 Fairmount; new charter 3136 Fort Oglethorpe; charter amended, public use area created, etc. 3358 Fort Oglethorpe; recognized as urban incorporated municipality 4545 Funston; new charter 4044 Gordon; charter amended, election provisions changed 3028 Hampton; new charter 4092 Helen; charter amended, alcoholic beverages, tax authorized on, etc. 3571 Hogansville; charter amended, corporate limits changed 2860 Homerville; charter amended, election provisions changed, etc. 3968 Jackson; charter amended, corporate limits changed 4357 Jakin; new charter 3730 Kennesaw; charter amended, election provisions changed 3019 Kennesaw; land lease authorized 1572 LeGrange; downtown, development authority act 2623 LaGrange; easement conveyance authorized 1607 Leary; new charter 4401 Lilburn; charter amended, election procedures changed 4033 Locust Grove; charter amended, mayor, term changed 4504 Louisville; charter amended, qualifying fees changed 3188 Lovejoy; new charter 2862

Page 4936

Lumpkin; charter amended, use of certain funds for utilities provided 2965 Macon; charter amended, board of water commissioners abolished, referendum 3349 Macon; charter amended, election of aldermen, from districts provided, etc. 2799 Madison; charter amended, recorder authorized, etc. 2677 Marietta; charter amended, civil services board membership changed, etc. 4670 Marietta; charter amended, corporate limits changed 2706 Milledgeville; charter amended, corporate limits changed 2740 Millen, conveyance of land to authorized 1511 Monroe; charter amended, certain community antenna television services authorized 3676 Newnan (Downtown); development authority; proposed amendment to the Constitution 1675 Norwood; charter amended, salary of mayor, etc., changed 3783 Odum; charter amended, city limits redefined 3922 Oglethorpe; new charter 2630 Orchard Hill; charter amended 2760 Orchard Hill; charter amended, corporate limits changed, referendum 2771 Payne; charter amended 3790 Payne; charter amended, mayor, etc., salary provided 3788 Perry; charter amended, terms of officers changed, etc. 3332 Perry; homestead exemption provisions changed, proposed amendment to the constitution 1687 Perry; redevelopment authority act 2902 Pooler; charter amended, corporate limits changed 4622 Port Wentworth; charter amended, corporate limits changed 3190 , 3308 Powder Springs; charter amended, corporate limits redefined 4659 Rincon; charter amended, officers qualifications changed, etc. 3324 Riverdale; charter amended, certain terms of office changed 3306 Rutledge; charter amended, term of mayor changed, etc. 4267 Savannah (Augusta); river parking and urban redevelopment authority act 2941 Savannah; board of education; members salaries changed, referendum 3962 Savannah; ports authority act amended 3131 Sharon; new charter 4274 Shiloh; charter amended, terms of office of mayor changed, etc., referendum 4369 Smyrna; charter amended, corporate limits changed 4078 Social Circle; charter amended, terms of officers changed, etc. 3672 Stockbridge; charter amended, election date changed, etc., referendum 4133 Sugar Hill; new charter 3232

Page 4937

Sunny Side; charter amended 2736 Talbotton; charter amended, election provisions changed, etc. 4258 Thomaston; charter amended, corporate limits changed 3666 Toccoa; charter amended, commissioners, terms changed, etc., referendum 4142 Trion; charter amended, certain officials, terms changed 3071 Tunnel Hill; new charter, referendum 4296 Turin; charter amended, terms of officers changed, etc. 4208 Tyrone; new charter 3876 Valdosta; charter amended, election provisions changed, etc. 4085 Villa Rica; new charter 4575 Waleska; charter amended, recorder's court provided 4389 Walthourville; charter amended, election provisions changed 3639 Warrenton; new charter 3970 Warwick; new charter 3580 Waverly Hall; charter amended, quorum provided, etc. 3944 Waycross; downtown; development authority act 4637 Waycross (Ware County); development authority act amended, membership provisions changed 3958 West Point; charter amended, property, sale of, certain, provided 3327 Winder; charter amended, election provisions changed, etc. 4328 Winder; conveyance of land authorized 1609 , 1610 Winder; duplicate charter repealed 4333 Woodstock; new charter 4160 Zebulon; charter amended, election date changed 3724 MUNICIPALITIESBY POPULATION 2,050-2,100; term of mayor specified 1886 11,200-11,250; elected provisions changed, referendum 1730 55,110-56,000; board of elections, certain, provided, etc. 2538 300,000 or more; elections, poll closing time changed 769 300,000 or more; retirement, population figures changed 3177 400,000-500,000; boards of education, member qualifications provided 828 400,000 or more; certain branch banking in adjacent counties provided 474 400,000 or more (in counties of 600,000 or more); interest on ad valorem tax increased 4646 500,000 or more; retirement, annual statement certain, required 3175 500,000 or more; retirement, certain credit provided 3176 MUNICIPALITIES' WITHIN CERTAIN COUNTIES BY MUNICIPAL POPULATION 15,000 (in counties of 59,000-60,000); taxation, automatic return of property, provided, etc. 701 250,000 or more; eminent domain, fee simple interest authorized 1148 400,000 or more; interest on ad valorem taxes increased 4646

Page 4938

MUNICIPALITIESHOME RULE AMENDMENTS Albany; certain sale of land authorized 4752 Albany; charter amended, city manager, authority changed 4755 Albany; charter amended, pension board of trustees 4758 Albany; charter amended, pension laws amended 4762 Albany; charter amended, pension plan 4765 Atlanta; charter amended, appropriations committee, membership expanded 4778 Atlanta; charter amended, certain in rem proceedings, provisions made for 4772 Atlanta; charter amended, real estate, certain assessments, provisions made for 4769 Atlanta; charter amended, salary changes, effective date provided 4775 Atlanta; reorganization ordinance 4781 Austell; charter amended, qualifications for holding office changed, etc. 4801 Cedartown; charter amended, city commission meeting date changed 4808 Doraville; charter amended, certain salaries increased 4811 Jesup; charter amended, cemetery commission 4814 Lilburn; merit system act 4819 Macon; charter amended, fire and police retirement system 4830 Macon; charter amended, pension act amended 4834 Macon; charter amended, police department, certain automatic suspension provided, etc. 4838 Macon; charter amended, transfer of certain property to Macon-Bibb County Water Sewerage Authority authorized 4841 Morrow; charter amended, merit service system 4851 Morrow; charter amended, recorders court 4862 Newnan; charter amended, certain salary increases made 4865 Savannah; charter amended, election date fixed 4868 Thomasville; charter amended 4873 , 4879 Woodbine; charter amended 4886 RESOLUTIONS AUTHORIZING COMPENSATION Aetna Life and Casualty Company; compensation provided 4515 Bohannon, James H.; compensation provided 4521 Brown, Carole K.; compensation provided 4526 Cash, Roy L.; compensation provided 4518 Holland, J. Fred; compensation provided 4517 Knox, Alfred L.; compensation provided 4520 Ledet, David; compensation provided 4524 Lingefelt, Roy M.; compensation provided 4522 Perrin, Carl; compensation provided 4525 Roach, Paul; compensation provided 4514 Sheperd, William H.; compensation provided 4523

Page 4939

Thrift, Gerald F., Mr. and Mrs., compensation provided 2901 Williams Brothers Grocery Company; compensation provided 4516 Wynn, Benjamin; compensation provided 4519 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Atlanta, City of; conveyance authorized 1617 Baldwin County; conveyance authorized 1577 Berrien County; conveyance of land to, authorized 1489 , 1492 Brunswick, Port Authority, certain property abandoned, for use of 1602 Fulton County; conveyance authorized 1613 Georgia Power Co., conveyance authorized 1591 Grady County, conveyance to authorized 1501 Kennesaw, City of; land lease authorized 1572 LaGrange, City of; easement conveyance authorized to 1607 Marcona Terminal Company; conveyance of certain easement authorized 104 Meriwether County; land lease authorized 1532 Millen, City of, conveyance authorized 1511 Montgomery County; land conveyance authorized 1525 Mull, William; easement conveyance authorized 1605 Seminole County; land conveyance authorized 1520 Stovall, L. L., Jr., Mrs.; land conveyance authorized 1588 Taylor, A. W., conveyance to estate, authorized 1600 W. A. Railroad property, sale of, authorized 1580 Walker County; conveyance authorized 1594 Ward, Harrison Alma Lilly, conveyance authorized 1536 Winder, City of; conveyance authorized 1609 , 1610 Youngblood, George E., land conveyance authorized 1627 , 1630 MISCELLANEOUS RESOLUTIONS Atlanta Board of Education, urged to share retirement costs increase 4538 Atlanta Cyclorama; historic value declared 4530 Blue laws study committee created 1498 DeKalb County; justices of the peace study committee created 4542 DeKalb County; school property utilization study committee created 4540

Page 4940

Dougherty judicial circuit, books authorized 1575 Economy, reorganization and efficiency resolution amended 1327 Fox theatre, building 1487 Freeport tax study committee created 1496 Geo. L. Smith II Georgia World Congress Center; authority overview committee created 179 James H. Sloppy Floyd State Park named 1616 John Henry Lane, Jr., bridge designated 4539 Motor fuel tax revenue study commission created 1621 Newton County; local legislative study committee created 4547 Paulding County; law library books, furnishing of 4546 Public television study committee created 1612 State parks evaluation study committee created 1566

Page 4941

A ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT Amended 539 Amended, certain teacher employment prohibited 1537 Amended, isolated schools, provisions for 35 ADMINISTRATIVE SERVICES, DEPARTMENT OF Area planning and development commissions, authorized to purchase through State, etc. 735 ADVERTISEMENT Gambling, certain, prohibited, etc. 1072 Legal, fees changed 52 AETNA LIFE AND CASUALTY COMPANY Compensation provided 4515 AGRICULTURE Bees, certain destruction indemnification increased 705 Commissioner of, antifreeze regulated by 706 Farmers Market provisions changed 396 Honeybee, designated as official state insect 927 Tobacco, sale and storage of flue cured, regulated 1263 Tobacco warehouses, public weighters' seal, issuance provided 1302 AGRIRAMA DEVELOPMENT AUTHORITY ACT See Georgia Agrirama Development Authority Act AIR QUALITY CONTROL ACT Amended 1522 ALBANY, CITY OF See also tabular indexMunicipalities, Home Rule Amendments ALBANY-DOUGHERTY PAYROLL DEVELOPMENT AUTHORITY ACT Amended 3127 ALLENHURST, TOWN OF Charter amended, election provisions changed, etc. 3641

Page 4942

ALPHARETTA, CITY OF Charter amended, certain land de-annexed 3315 Charter amended, mayor, salary changed 3317 AMBULANCES Insurance, condition precedent to license 916 ANTIFREEZE Sale of, regulated 706 APPEALS Habeas corpus act amended 1143 Interlocutory appeals provided on petition, etc. 757 APPLIED PSYCHOLOGIST Group insurance policies, provisions changed, etc. 576 APPLING COUNTY State court, judge, salary changed, etc. 4487 Tax commissioner, office created 4199 APPLING WATER AUTHORITY ACT Enacted 2605 APPROPRIATIONS Department of labor, supplemental 766 General, amended 216 , 1734 General, enacted 1333 Supplemental, offender rehabilitation department, etc. 5 AREA PLANNING AND DEVELOPMENT COMMISSIONS Purchases through State, etc., authorized 735 ARREST Force, degree of, used to effectuate certain, provided, etc. 1209 Motor vehicles inspections, etc., provisions changed 874 Warrants, board of pardons and paroles, certain provided 786 ATHENS, CITY OF Charter amended, election provisions changed 3319 Charter amended, mayor, duties defined, etc., referendum 2779 Development authority established, proposed amendment to the Constitution 1698

Page 4943

ATKINSON COUNTY Sheriff, salary changed 2734 ATLANTA, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments Board of EducationUrged to share retirement costs, increase 4538 Land conveyance authorized 1617 Charter amended, corporate limits changed 4649 , 4687 , 4722 , 4728 ATLANTA CYCLORAMA Historic value declared 4530 ATLANTA JUDICIAL CIRCUIT Assistant district attorney, salary provisions 526 ATTAPULGUS, CITY OF New charter 3391 ATTORNEY GENERAL Charitable trust act, responsibility changed 1527 Duties clarified, etc. 882 Private counsel, employment of, etc. 1184 Public officials, etc., appointment of counsel for, provisions clarified 878 Removal, certain provisions made for 863 Revenue department, legal services furnished for 722 Soil conservation districts, legal services, furnishing to 724 ATTORNEYS Certain, only, authorized to contact State Board of Corrections 1218 Employment by Attorney General, etc. 1184 Insurance, prepaid legal services plans, authorized 1268 Penalty increased for unlawful practice 755 Public officials, etc., appointment for, provisions clarified 878 AUBURN, TOWN OF Charter amended, residency voting requirement changed, etc. 3209 Homestead exemption provided; proposed amendment to the Constitution 1680

Page 4944

AUCTIONEERING Regulated 53 AUGUSTA, CITY OF Charter amended, additional pension funds investments authorized 2936 Ports authority act amended, additional members provided 2939 (Richmond) County coliseum authority act, amended, powers defined, etc. 4681 (Savannah) river parking and urban redevelopment authority act 2941 AUGUSTA PORTS AUTHORITY ACT Amended, additional members provided 2939 AUGUSTA-SAVANNAH RIVER PARKING AND URBAN REDEVELOPMENT AUTHORITY ACT Enacted 2941 AUSTELL, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. Charter amended, corporate limits changed 4627 AUTHORITIES Development, law amended 1259 B BACON COUNTY Sheriff, etc., salary changes 4294 Superior court clerk placed on salary 3328 BAILIFFS Compensation of, changed 684 BAKER COUNTY Tax commissioner, office created, etc., referendum 2662 Treasurer, office abolished, etc., referendum 2659 BALDWIN COUNTY Land conveyance authorized 1577 Superior court, reporters, expense allowance provided 1303 Tax commissioner, office created, etc. 2774

Page 4945

BANKS AND BANKING Automated teller facilities, installation of certain authorized, etc. 475 Branch banks provided 473 Certain branch banking in adjacent counties provided (400,000 or more) 474 Credit discrimination, etc., prohibited 772 Interest, charges for, on certain loans authorized 47 State Revenue Commissioner, authorized to regulate 154 Taxation of shares provided, etc. 147 BANKS COUNTY Superior court clerk placed on salary, etc. 2793 BARNESVILLE, CITY OF Charter amended, city ward boundaries changed 3720 BARWICK, CITY OF New charter 4226 BAXLEY, CITY OF Charter amended, corporate limits changed, referendum 3678 BEES Certain indemnification for destruction of, increased 705 Honeybee, designated as official State insect 927 BEN HILL COUNTY Board of commissioners, administrative officer provided, etc. 2503 BERKELY LAKE, CITY OF New Charter 3272 BERRIEN COUNTY Conveyance of land to authorized 1489 , 1492 School superintendent, appointment provided, referendum 2525 , 3388 BIBB COUNTY See also tabular indexCounties, Home Rule Amendments. Superior court, grand jury provisions changed 4020

Page 4946

BIKEWAYS Provided 799 BIRTH CERTIFICATES Procedures for certain changes in provided, etc. 855 BLASTING Underground gas pipes, near, requirements changed, etc. 417 BLECKLEY COUNTY Commissioner, clerk, salary changed 4379 Commissioners, expenses changed 4657 Deputy sheriff, salary changed 4382 Probate court, clerk, salary changed 4377 Superior court clerk, salary of clerical assistants changed 4384 Tax commissioner, clerks, salary changed 4375 BLIND AND VISUALLY HANDICAPPED Equal public accommodations provided, etc. 1639 BLOOD DONOR'S AGE Lowered 1071 BLUE LAWS STUDY COMMITTEE Created 1498 BOARD OF CHIROPRACTIC EXAMINERS License fees changed, etc. 714 BOARD OF COMMISSIONERS Expense allowance provided (5,900-6,000) 4536 BOARD OF CORRECTIONS Authorized to pay counties for operating correctional institutions 908 Board of Offender Rehabilitation, substituted by; proposed amendment to the Constitution 1696 Police powers, certain authority to confer provided 1246 BOARD OF ELECTIONS Provided (18,200-18,300) 4506 Provided, etc. (55,110-56,000) 2538

Page 4947

BOARD OF FUNERAL SERVICES ACT Amended 1152 BOARD OF OFFENDER REHABILITATION Substituted for Board of Corrections; proposed amendment to the Constitution 1696 BOARD OF REGENTS Georgia and U.S. history courses required 1140 Junior college act amended 522 BOATS Flotation devices, sale of 773 BOHANNON, JAMES H. Compensation provided 4521 BONDS Litter law violations, cash bonds provided, etc. 845 Performance, public contracts, maximum amount changed 810 Probate court judge, increased 922 Public officers, etc., indemnification provided 674 Public officers, indemnification provisions changed 1089 Sheriffs, increased 921 State employees, beneficiaries provided 672 Superior Court clerksbonds increased 923 BOUNDARIES Retrocession of jurisdiction of land from U.S. authorized 1301 BRANTLEY COUNTY Board of education, election provided, etc., referendum 3937 Superior court clerk, etc., salary increased 3920 BROOKS COUNTY Additional judge provided 185 BROWN, CAROLE K. Compensation provided 4526 BRUNSWICK, PORT AUTHORITY Certain land abandoned, use of authorized 1602

Page 4948

BRYAN COUNTY Board of commissioners, election provisions changed, referendum 3024 Sheriff, salary changed, etc. 3871 Tax commissioner, salary changed 3874 BUCHANAN, CITY OF Charter amended, mayor's court provisions changed 4214 BUILDING AND LOAN ASSOCIATIONS Etc., interest, charges for on certain loans authorized 47 State depositories, certain collateral approved 917 BUILDING INSPECTORS Certain, authorized to issue zoning violation citations, etc. (600,000 or more) 4531 BUREAU OF INDUSTRY AND TRADE Bureau provided, etc. 682 Membership provided 1299 BUSINESS CORPORATION CODE Amended 583 BUSINESS PRACTICES ACT, FAIR, OF 1975 Enacted 376 BUTTS COUNTY Additional judge provided, etc. 760 Sheriff, salary changed 4038 BUYING SERVICES ACT OF 1975 Enacted 529 C CAIRO, CITY OF Charter amended, election provisions changed 3270 CALHOUN COUNTY Sheriff, salary changed, etc. 2898

Page 4949

CAMDEN COUNTY Superior court clerk, etc., salary increased 4138 CAMPAIGN AND FINANCIAL DISCLOSURE ACT Amended 1120 CANADA, DOMINION OF Uniform reciprocal enforcement support act, extended to 818 CANCELLATION Certain instruments, provided 1134 CANDLER COUNTY Board of commissioners, salary changes 3835 Probate court, judge's salary changed 3841 State court, judge, salary changed, etc. 3831 Superior court clerk's personnel, salary changes 3839 Tax commissioner, personnel salary changes, etc. 3830 CARL, TOWN OF Charter amended, mayor, office term changed, etc. 4371 CARTERSVILLE, CITY OF Charter amended, mayor, terms changed, etc. 4265 CASH, ROY L. Compensation provided 4518 CATOOSA COUNTY Commissioner, salary changed 2852 Court reporter, salary changed 534 Sheriff, allowance for feeding prisoners changed 2914 Sheriff, personnel salary changes 4398 Superior court clerk, salary changed, etc. 2856 Tax commissioner, clerical allowance changed 2854 CEDARTOWN, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments. CEMETERIES Perpetual care funds, investment in common trust funds authorized 697

Page 4950

CENTERVILLE, CITY OF Charter amended, corporate limits changed 2836 CERTIFICATION OF WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACT Amended 1074 CHARLTON COUNTY Board of education, election provided, referendum 3952 Sheriff, salary changed 3948 Superior court clerk, salary changed 3946 Tax commissioner, salary changed, etc. 3950 CHATHAM COUNTY Board of public education, members salaries changed, referendum 3962 CHATSWORTH, CITY OF Charter amended, sale of certain property authorized, etc. 3646 CHATTOOGA COUNTY Board of education, disposition of certain fees provided, proposed amendment to the Constitution 1672 Court reporter, salary changed 534 Sheriff's office, provisions changed 2972 CHECKS Bad, issuance of, defined, etc. 482 CHILDREN Adopted, may inherit from relatives of adopting parents 797 Child abuse, confidentiality of records provided, etc. 1135 Commitment of certain children to Department of Corrections, act repealed 184 School, age for beginning changed 685 Uniform reciprocal enforcement of support act amended 818 , 1141 Youthful offender act amended, sentencing provisions clarified 900 CHIROPRACTIC EXAMINERS, BOARD OF License fees changed, etc. 714

Page 4951

CIVIL DEFENSE ACT, GEORGIA Amended 1262 Amended, emergency powers granted 1551 CIVIL DEFENSE AND DISASTER COMPACT ACT, INTERSTATE Amended 1186 CIVIL PRACTICE ACT Interlocutory appeals provided on petition, etc. 757 CLARKE COUNTY Prisoners, food allowance increased 4031 CLAYTON COUNTY Public property, disposition of provided, etc. 2827 State court, judge, salary changed, etc. 2708 Water authority act amended, pension changes 3682 CLIMAX, CITY OF New charter 3421 CLINCH COUNTY Sheriff, salary changed, etc. 2896 CLINICAL LABORATORIES Directors provided, etc. 737 COBB COUNTY Court reporters', salaries changed 1563 Juvenile Court, judge, salary changed 4451 Probate court, clerk, salary changed 4457 State Court, assistant solicitors, salaries changed 2730 State court, salary of clerk changed 4455 State court, solicitor, etc., duties required 4498 State court, solicitor, salary changed 4501 Superior court clerk, etc., salary changes 4459 Superior court, district attorneys, assistant, provisions changed 1321 Superior court investigator, salary changed 1323 Tax commissioner, etc., salary changed 4452 COBB JUDICIAL CIRCUIT Clerk, etc., salary changes 4459 Court reporters' salaries changed 1563 District attorneys, assistant, provisions changed 1321 Investigator, salary changed 1323

Page 4952

COBBTOWN, CITY OF Charter amended, terms of office changed 3566 COFFEE COUNTY Superior court clerk, personnel salary changes 4140 COLLEGES, PRIVATE Student grants increased 1161 , 1320 COLLINS, CITY OF New charter 3792 COLQUITT, CITY OF New charter 3521 COLQUITT COUNTY Additional judge provided 185 COLUMBIA COUNTY Airport authority act 4559 Appling water authority act 2605 COLUMBUS Certain incentives provided for industrial development, proposed amendment to the Constitution 1725 Drainage projects authorized, etc. 3456 Charter amended, certain transfer power authorized 3854 Sales and use tax, referendum authorized 1729 COMMERCE, CITY OF Charter amended, election requirements changed 4394 COMMISSIONER OF AGRICULTURE Antifreeze regulated 706 CONDOMINIUM ACT, GEORGIA Enacted 609 CONFEDERATE SOLDIERS Peddlers' rights, acts repealed 689 Relief to, act repealed 688

Page 4953

CONSUMERS' UTILITY COUNSEL Office created 372 CONTRACTS Interest rate changed, etc. 370 Public, performance bonds, maximum contract amount changed 810 Water and sewer, political subdivisions, etc., authorized to retain amounts, on, etc. 1045 CONVENIENCE WAREHOUSE ACT OF 1975 Enacted 1156 CORDELE OFFICE BUILDING AUTHORITY Certain restrictions provided, etc. 4395 CORONERS Fees increased (66,000-73,000) 4505 Salaries changed (19,300-20,000) 4513 CORPORATIONS Business, code amended 583 Late filing penalty, certain, reduced 778 Secretary of State authorized to grant certain charters; proposed amendment to the Constitution 1689 CORRECTIONAL INDUSTRIES Administration act amended, composition changes 519 Amended, certain inmate compensation provided, etc. 1163 CORRECTIONS, STATE BOARD OF See State Board of Corrections. COUNTIES Alcoholic beverages, certain, may be consumed on premises, etc. (145,000-165,000) 2806 Automatic return of property for taxation provided, etc. (municipalities of 15,000 in counties of 59,000-60,000) 701 Board of commissioners, expense allowance provided (5,900-6,000) 4536 Boards of education, Member qualifications provided (400,000-500,000) 828 Board of elections provided (18,200-18,300) 4506 Board of elections provided, etc. (55,110-56,000) 2538 Board of equalization, member provisions changed (180,000-190,000) 1732 Board of equalization, member selection changed, etc. 1090

Page 4954

Branch banking in certain adjacent counties provided (400,000 or more) 474 Building inspectors, certain authorizations provided, etc. (600,000 or more) 4531 Certain sinking fund investments authorized, proposed amendment to the Constitution 1673 Confederate soldiersRelief to, act repealed 688 Coroners fees increased (66,000-73,000) 4505 Coroners salaries changed (19,300-20,000) 4513 Correctional institutions, State authorized to pay for 908 County line provisions changed, etc. 394 County purchasing agent provisions changed 1147 Courts, clerks of, bonds increased 925 Depositories, certain authorized 696 District attorneys, certain assistant, salaries changed (54,500-58,000) 1111 Elections supervisor, provisions changed (500,000 or more) 4512 Eminent domain, fee simple interest authorized (containing city of 250,000 or more) 1148 Employees, residency restrictions, prohibition provided 1576 Federal community disaster loans authorized, proposed amendment to the Constitution 1670 Garbage, etc., exceptions to act prohibiting certain dumping provided (600,000 or more; or adjacent 70,000) 869 Grand juries, certain, subpoena powers granted (400,000-600,000) 48 Health agencies, certain covered by workmen's compensation 1231 Homestead exemption applications eliminated, certain counties 4558 Interest on ad valorem taxes increased (Counties 600,000 or more, cities within of 400,000 or more) 4646 Intoxicating beverages, certain consumption authorized (400,000-600,000) 4535 Intoxicating beverages, may be consumed on premises, etc., referendum (180,000-190,000) 3128 Judge, compensation act repealed, certain 4511 Probate court judges, compensation fixed (185,000-190,000) 4534 Public utilities, certain law repealed 29 Roads, grants for, authorized, etc. 1079 Sales and use tax, authorized to levy, referendum 984 Sales and use tax, levy of certain excise taxes authorized, etc. 1002 School bus drivers regulated (400,000 or more) 4527 School funds, federal savings loan institutions, depositories authorized, etc. 696 Sheriffs, compensation changed (500,000 or more) 4510 Sheriffs, etc., salaries provided (10,600-10,900) 4537

Page 4955

Sheriffs, minimum salaries changed 521 Sheriff's office, certain, salary changed 4555 Sheriff's personnel, salaries supplemented (27,300-28,600) 1887 Small claims court, population figures changed, etc. (27,000-28,000) 4551 Sold signs authorized on certain residential property, etc. (400,000-500,000) 4533 State court judges, salaries provided (6,513-6,600) 4532 Superior courts certain, assistant district attorneys, expenses provided 821 Superior court clerks, cost changes, etc. (600,000 or more) 1150 Superior court clerks, deputies of, salaries fixed (18,100-18,250) 2913 Superior court clerks, salaries changed (185,000-190,000) 2859 Tax commissioners, salaries of deputies fixed (18,100-18,250) 2912 Tax notices, certain information required on, etc. 1083 Tax returns, time for making changed (15,000-15,500) 526 Taxes, etc., refund of overpayments authorized, etc. 774 Taxes, installments date changed (350,000-600,000) 1085 Treasurer emeritus, established (150,000-165,000) 4529 Water and sewer contracts, authorized to retain amounts on, etc. 1045 Water and sewerage services, prior approval necessary before increases authorized (145,000-165,000) 4558 COUNTY BOARDS OF EQUALIZATION Member selection provisions changed, etc. 1090 COURT REPORTERS Judicial council authorized to fix fees 852 COWETA COUNTY Ad valorem taxation exemptions provided, certain, proposed amendment to the Constitution 1700 Board of Education, certain contracts authorized; proposed amendment to the Constitution 1692 Justices of the peace courts abolished, etc.; proposed amendment to the Constitution 1704 CRAWFORD COUNTY Board of commission members, salary changes 3380 Deputy sheriffs, salaries changed 3373 Treasurer, salary changed 3371 CRAWFORDVILLE, CITY OF Reincorporated 2986

Page 4956

CREDIT Discrimination related to, etc., prohibited 772 CRIMES Bad check issuance, defined, etc. 482 Firearms prohibited at polling places, exemptions provided 807 Husband-wife, certain acts repealed requiring prosecutions 815 Litter law violations, cash bonds provided, etc. 845 Masturbation for hire prohibited, etc. 402 Motor vehicles, certain suspension system alteration 763 Obscene material provisions changed, etc. 498 Odometer tampering prohibited 754 Reproductions of recorded material, unauthorized, prohibited, etc. 44 Shoplifting, criminal intent specified 876 Shopping carts, certain removal, penalized, etc. 848 Smoking in certain public places prohibited 45 Telecommunication services, avoidance of payment for penalized 1534 Unlawful practice of law, penalty increased 755 Witnesses, certain influencing of prohibited 34 CRIMINAL PROCEDURE Arrest, degree of force used to effectuate certain, provided, etc. 1209 Children, commitment of certain to Department of Corrections, act is repealed 184 District attorneys may grant immunity from prosecutions, etc. 727 Youthful offender act, amended, sentencing provisions clarified 900 CRISP COUNTY Certain bond issuance authorized; proposed amendment to the Constitution 1693 CUSSETA, CITY OF New Charter 3617 D DADE COUNTY Commissioner, personnel salary changes 3227 Probate court, personnel salary changes 3225 Sheriff, budget provisions changed 2969

Page 4957

Superior court, court reporter, salary changed 534 Superior court, deputy clerk, salary changed 3230 Tax Commissioner, salary changed, etc. 3221 DANIELSVILLE, CITY OF Charter amended, terms changed 3569 DEATH Determination criteria provided 1629 DECATUR COUNTY Civil, criminal court, judge, solicitor, salaries changed 3454 Hospital authority, members, appointment of, provided, referendum 4087 Tax commissioner, salary changed 3452 DECEPTIVE PRACTICES Fair Business Practices Act enacted 376 DEEDS Security, foreclosure information recording provided 422 Security secondary, interest provisions changed 1114 Security, transfer fee authorized, etc. 370 Transfer tax, inapplicable in certain husband-wife transaction 782 DEEP DRILLING, GAS, AND OIL, ACT OF 1975 Enacted 966 DeKALB COUNTY Board of education, districts changed, referendum 2752 Demolition of certain structures authorized, etc. 3927 Garbage, etc.; certain contracts authorized; proposed amendment to the Constitution 1695 Justices of the peace study committee created 4542 Oglethorpe housing development authority act, new title, etc. 3053 Recorder's court, marshall appointment provisions changed 3660 School property utilization study committee created 4540 State court, investigators provided, etc. 2728 DeKALB COUNTY OGLETHORPE HOUSING DEVELOPMENT AUTHORITY ACT New title provided, etc. 3053

Page 4958

DENTAL HYGIENISTS Age requirements changed 832 DEPARTMENT OF ADMINISTRATIVE SERVICES Area planning and development commissions, authorized to purchase through State, etc. 735 DEPARTMENT OF CORRECTIONS Commitment of certain children to, act repealed 184 Prisoners, leave authorized for special community programs, etc. 898 , 910 Purchase of goods, etc. from, provision clarified 488 DEPARTMENT OF HUMAN RESOURCES Reorganization by governor, authorized 1211 DEPARTMENT OF INDUSTRY AND TRADE Bureau of, provided, etc. 682 Membership provided 1299 DEPARTMENT OF LABOR Appropriation, supplemental 766 Employees, travel expense payment authorized 198 Perjury penalty provided 198 DEPARTMENT OF LAW Investigative powers clarified 883 Reorganization act, amended 879 DEPARTMENT OF OFFENDER REHABILITATION Supplemental appropriations 5 DEPARTMENT OF PUBLIC SAFETY Uniform division provided 1115 DEPARTMENT OF REVENUE Attorney general to furnish legal services for 722 DEPOSITORIES County school funds, provided 696 DESCENT AND DISTRIBUTION Adopted children, inheritance from relatives of [Illegible Text] [Illegible Text]

Page 4959

DETECTIVES, PRIVATE Act amended 785 DEVELOPMENT AUTHORITIES LAW Amended 1259 DIRECTOR OF CORRECTIONS Purchase of goods from, provisions clarified 488 DISCRIMINATION Credit discrimination, etc., prohibited 772 DISTRESS WARRANTS New sections enacted 1514 DISTRICT ATTORNEY Assistants, payment of certain expenses provided 821 Certain, assistant, salaries changed (54,500-58,000) 1111 Emeritus, retirement act amended 1632 Immunity from prosecutions, etc., district attorneys may grant 727 Uniform reciprocal enforcement of support act, certain representation provided, etc. 781 DIVORCE Real property transfer tax, inapplicable to husband-wife transfer 782 DODGE COUNTY Board of education, election directed, referendum 3031 Commissioner, salary increased, etc. 4441 DOERUN, CITY OF New charter 4690 DOOLY COUNTY Prisoner feeding provisions changed 3934 DODGE COUNTY Superior court clerk, etc., salary changed 4444 DORAVILLE, CITY OF See also tabular indexMunicipalities, Home Rule, Amendments.

Page 4960

DOUGHERTY COUNTY (Albany); payroll development authority act amended 3172 Board of commissioners, method of electing chairman changed, etc. 2656 Books authorized 1575 County administrator provided 2651 DOUGHERTY JUDICIAL CIRCUIT Books authorized 1575 DOUGLAS COUNTY Assistant district attorney, office created 437 Board of commissioners, membership increased, etc., referendum 2506 Board of commissioners, recall provisions made 2512 Board of commissioners, vacancy provisions changed 2516 Recall of certain county officers provided; proposed amendment to the Constitution 1677 DOWNTOWN ATHENS DEVELOPMENT AUTHORITY Established; proposed amendment to the Constitution 1698 DOWNTOWN LAGRANGE DEVELOPMENT AUTHORITY ACT Enacted 2623 DOWNTOWN NEWNAN DEVELOPMENT AUTHORITY Proposed amendment to the Constitution 1675 DOWNTOWN WAYCROSS DEVELOPMENT AUTHORITY ACT Enacted 4637 DRIVER'S LICENSING ACT Enacted 1008 DRUG AND COSMETIC ACT Amended, labeling of certain drug required 691 DRUGS Dangerous, manufacturer authorized to give practitioner on condition, etc. 690

Page 4961

Labeling of certain required 691 Marijuana, certain distribution of, prohibited, etc. 1112 Marijuana conveyances, forfeiture provided 919 E EARLY COUNTY Coroner placed on salary, etc. 2535 State court, salary of judge changed 2530 Tax Commissioner, salary changed 2532 EAST DUBLIN, TOWN OF Charter amended, election provisions changed 4449 EAST POINT, CITY OF Business and industrial development authority created; proposed amendment to the Constitution 1705 ECHOLS COUNTY Additional judge provided 185 Board of commissioners, salaries changed 3662 Sheriff, salary changed 3664 ECONOMIC REHABILITATION ACT OF 1975 Enacted 1645 ECONOMY, REORGANIZATION AND EFFICIENCY Resolution amended 1327 EDISON, CITY OF New charter 3489 EDUCATION Adequate program for, act amended 539 Age, for beginning school changed 685 Boards of, member qualifications provided (400,000-500,000) 828 Extracurricular activities, etc., funds authorized for 94 Isolated schools, provisions made for 35 Private college student grants increased 1161 , 1320 Pupil transportation expense provisions changed, etc. 369 School bus drivers, sick leave allotment, provisions made for, etc. 812 School employees, health insurance authorized 1194

Page 4962

Schools, traffic safety study provided, etc. 820 State board, etc., authorized to purchase liability insurance 1181 Student attending private colleges, grants to, act amended 1161 , 1320 Teachers, allotment provisions changed 1139 Teachers, certain employment prohibited 1537 Teachers, certification requirements provided, etc. 181 Teacher contracts, grounds for termination defined, etc. 360 Teachers, health insurance plan provided, etc. 37 EFFINGHAM COUNTY State court, judge, salary changed 3322 ELECTIONS Board of provided, certain (18,200-18,300) 4506 Board of provided, certain (55,110-56,000) 2538 Campaign and financial disclosure act amended 1120 Candidates, certain, ineligible for write-in candidacy in run-offs 867 Certain cities, poll closing time changed (300,000 or more) 769 Firearms prohibited at polling places except by certain peace officers 807 Judicial officers, certain, certain nonpartisan, authorized 1251 Municipal, absentee ballots required, etc. 888 Municipal, provisions for holding at general election made 872 Nomination petitions, provisions changed 861 Presidential preference primary act amended 1223 , 1249 Primary date fixed 575 Provisions made for holding municipal primaries at general election 872 Qualifying with more than one party prohibited, etc. 686 Recount, automatic, certain, provided 806 Registration list, closing, provided, etc. 803 Special, authorized at general elections 808 Supervisor, provisions changed (500,000 or more) 4512 ELECTRIC MEMBERSHIP CORPORATION ACT Amended, director compensation authorized 783 ELECTRICAL CONTRACTORS ACT, GEORGIA Amended, rules authorized, etc. 1228

Page 4963

ELECTRICITY Certain billings for, provided, etc. 574 Company, suspension of service for nonpayment on appliances, prohibited 849 ELLENTON, CITY OF New charter 3073 EMANUEL COUNTY Board of commissioners, expense provisions changed 3843 Small claims court created 4341 EMINENT DOMAIN Agrirama development authority, granted right of, etc. 713 Fee simple interest authorized (Counties containing city of 250,000 or more) 1148 Public roads, provisions changed 812 Special master, compensation changed 27 EMPLOYEES' RETIREMENT SYSTEM ACT Amended, Ga. Federal-State Shipping Point Inspection Service, employees included, etc. 1494 Amended, natural resources law enforcement personnel, certain disabilities of, included 1499 State properties commission, employees, included within 1092 EMPLOYMENT SECURITY LAW Amended 9 , 11 EQUINE ACT, GEORGIA See Georgia Equine Act . EROSION AND SEDIMENTATION ACT OF 1975 Enacted 994 EVANS COUNTY Multi-city water and sewerage authority act 3033 Superior court terms changed 4649 EXECUTIVE CENTER FINE ARTS COMMITTEE Created 212

Page 4964

F FAIR BUSINESS PRACTICES ACT OF 1975 Enacted 376 FAIRMOUNT, CITY OF New charter 3136 FANNIN COUNTY Board of commissioners, duties changed, etc. 2815 Probate court, personnel provided 4363 Sheriff, salary changed, etc. 4482 FARMERS MARKETS Provisions changed 396 FEDERAL SAVINGS AND LOAN ASSOCIATIONS Certain political subdivisions, investments in authorized, proposed amendment to the constitution 1673 Etc., interest, charges for on certain loans authorized 47 State depositories, certain collateral approved 917 FINANCIAL INSTITUTIONS CODE Amended 445 FIREMAN Indemnification program provided; proposed amendment to the Constitution 1683 FISCAL NOTE ACT, GEORGIA Enacted 1568 FISHING Commercial boats, confiscation of, provisions changed, etc. 428 Commercial license provisions changed 424 FLINT JUDICIAL CIRCUIT Additional judge provided, etc. 760 FORSYTH COUNTY Water and sewerage authority act 3767

Page 4965

FORT OGLETHORPE, TOWN OF Charter amended, public use area created, etc. 3358 Recognized as urban incorporated municipality 4545 FOX THEATRE Building resolution 1487 FRANKLIN COUNTY Sheriff, prisoner feeding provisions changed 4089 FREEPORT TAX STUDY COMMITTEE Created 1496 FULTON COUNTY Certain waiver of government immunity provided 3050 Civil court, appeal provisions changed 3761 Civil court, cost deposit changed 4651 Criminal court, solicitors salaries fixed 2812 Director of traffic violations bureau, etc., salary changes 3185 Judges and solicitor, certain courts, retirement act amended 3181 Land conveyance to authorized 1613 Retirement, military credit provided 3066 FUNERAL EXPENSES Made claim against estate of decedent 711 FUNERAL SERVICES, BOARD OF, ACT Amended 1152 FUNSTON, CITY OF New charter 4044 G GAMBLING Certain advertisements of prohibited, etc. 1072 GAME AND FISH Bait shrimping provisions changed 425 Commercial fishing boats, confiscation provisions changed, etc. 428

Page 4966

Commercial fishing license provisions changed 424 License inspection by rangers, refusal penalized 1290 Wildlife, disposal of contraband, changed provisions 1288 GARBAGE Etc., exceptions to act prohibiting certain dumping provided (600,000 or more; or adjacent 70,000 869 GARNISHMENT Affidavit, certain, provided 1291 GAS Certain billings for, provided, etc. 574 Company, suspension of service for nonpayment on appliances, prohibited 849 Pipes, underground, blasting, etc., requirements changed 417 GAS, AND OIL, AND DEEP DRILLING ACT OF 1975 Enacted 966 GENERAL APPROPRIATIONS ACT Amended 216 , 1734 Enacted 1333 GENERAL ASSEMBLY Administrative floor leader, compensation changed, etc. 155 State officials, etc., compensation bills must have fiscal notes attached 770 GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER ACT Amended, legislative members removed, etc. 435 Authority overview committee created 179 GEOLOGIST ACT, REGISTRATION OF Enacted 163 GEORGIA AGRIRAMA DEVELOPMENT AUTHORITY Amended, certain tax exemption provided 842 Amended, eminent domain power granted, etc. 713 Membership enlarged 523 GEORGIA BOAT SAFETY ACT Amended, flotation devices 773

Page 4967

GEORGIA BUILDING AUTHORITY ACT Amended, executive center fine arts committee created 212 Amended, selling goods in state buildings prohibited, etc. 885 GEORGIA BUSINESS CORPORATION CODE Amended 583 GEORGIA CHARITABLE TRUST ACT Amended 1527 GEORGIA CIVIL DEFENSE ACT Amended 1262 Amended, emergency powers granted 1551 GEORGIA CODE OF PUBLIC TRANSPORTATION ACT Amended 1159 GEORGIA COMMISSION FOR NATIONAL BICENTENNIAL CELEBRATION ACT Amended 492 GEORGIA CONDOMINIUM ACT Enacted 609 GEORGIA CONTROLLED SUBSTANCES ACT Amended, Marijuana conveyances, forfeiture provided 919 GEORGIA CORRECTIONAL INDUSTRIES ACT Amended, certain inmate compensation provided, etc. 1163 Amended, composition changes 519 GEORGIA DRUG AND COSMETIC ACT Amended, labeling of certain drug required 691 GEORGIA ELECTRICAL CONTRACTORS ACT Amended, rules authorized, etc. 1228 GEORGIA EQUINE ACT Amended 1138

Page 4968

GEORGIA FEDERAL-STATE SHIPPING POINT INSPECTION SERVICE Employees included in state retirement system 1494 GEORGIA FISCAL NOTE ACT Enacted 1568 GEORGIA FOREIGN MONEYJUDGMENTS RECOGNITION ACT Enacted 479 GEORGIA INDUSTRIAL LOAN ACT Amended 1247 Amended, maximum loan period changed, etc. 393 GEORGIA LAND SALES ACT Amended 484 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended 3 Amended, Minimum insurance provisions changed, etc. 1202 Amended, Notification of cancellation, provisions made 516 GEORGIA PEACE OFFICERS STANDARDS AND TRAINING ACT Amended 1165 GEORGIA POLICE ACADEMY ACT Amended 1175 GEORGIA POWER COMPANY Land conveyance to authorized 1591 GEORGIA PRESIDENTIAL PREFERENCE PRIMARY ACT Amended 1223 , 1249 GEORGIA PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT Amended 785

Page 4969

GEORGIA PRODUCTIVITY CENTER Designated 925 GEORGIA PUBLIC ASSISTANCE ACT Amended, overpayment recoveries provided, etc. 477 GEORGIA RECORDS ACT Amended 675 GEORGIA RESIDENTIAL FINANCE AUTHORITY Name change, etc. 1651 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Amended, certain levy of certain excise taxes authorized, etc. 1002 Amended, certain municipalities, counties, authorized to levy local sales and use tax, referendum, etc. 984 Amended, deduction provisions clarified 101 Amended, delinquent taxes, interest on increased 162 GEORGIA SCENIC TRAILS ACT Amended, department defined, etc. 799 GEORGIA SECURITIES ACT Amended, certain terms redefined, etc. 928 GEORGIA SPECIAL ADULT OFFENDER ACT OF 1975 Enacted 1312 GEORGIA STATE SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT Amended 1650 GEORGIA WARM SPRINGS HOSPITAL Surplus funds, provisions for 1605 GEORGIA WORLD CONGRESS CENTER ACT Amended, legislative members removed, etc. 435

Page 4970

GILMER COUNTY Commissioner, salary changed, etc. 4042 Sheriff, salary changed, etc. 4040 Superior court clerk placed on salary 4386 GLYNN COUNTY Sheriff's office, personnel provisions changed 3726 Tax commissioner's deputy, salary changed, etc. 3670 GORDON, CITY OF Charter amended, election provisions changed 3028 GORDON COUNTY Board of commissioner created, referendum 2719 Commissioner, salary changed 2717 Sheriff, salary changed, etc. 2715 Superior court clerk, etc., salary changed 2711 Tax commissioner, salary changed 2713 GOVERNMENTAL OFFICE Witnesses, certain influence of prohibited 34 GRADY COUNTY Land conveyance to, authorized 1501 Sheriff, salary changed, etc. 4724 GRAND JURY Maximum number drawn, changed 809 Peace officers, appearance before indictment authorized 607 Public officers, unsworn statement to, abolished 1325 Subpoena powers granted (400,000-600,000) 48 GREENE COUNTY Board of education, terms staggered, etc., referendum 4270 Small claims court created, etc. 2666 Superior court, reporters, expense allowance provided 1303 GROVELAND LAKE DEVELOPMENT AUTHORITY ACT Repealed 1147 GWINNETT COUNTY Public facilities authority act 4463 Recreation authority act 3108

Page 4971

H HABEAS CORPUS ACT Amended 1143 HABERSHAM COUNTY Certain terms of court changed 729 HALL COUNTY See also tabular indexCounties, Home Rule Amendments. Board of commissioners, terms changed, referendum 3574 State taxes, certain, installments provided 3339 HAMPTON, CITY OF New charter 4092 HANCOCK COUNTY Superior court, reporters, expense allowance provided 1303 Tax commissioner, salary changed, etc. 2967 HANDICAPPED PERSONS Blind, visually handicapped, equal public accommodations provided, etc. 1639 HARALSON COUNTY Assistant district attorney, office created 437 Commissioner, salary changed 4218 Probate court, salary of clerk changed 4224 Sheriff, deputy, salary changed 4222 Tax commissioner, personnel salary changes 4220 Treasurer, salary changed 4216 HARRIS COUNTY Board of education, election of members provided, etc., referendum 2960 Coroner, salary changed 4365 Small claims court, jurisdictional amounts changed 4367 HEALTH Ambulance insurance, condition precedent to license 916

Page 4972

Certain agencies, covered by workmen's compensation act 1231 Inspection warrants, provided 693 Laws study committee created 1329 Mentally ill, consent provisions changed, etc. 704 Mentally ill, hearings, expenses changed 719 HEARD COUNTY Commissioner, office created, referendum 4433 HELEN, CITY OF Charter amended, alcoholic beverages, tax authorized on, etc. 3571 HENRY COUNTY Additional judge provided, etc. 760 Deputy sheriff, salary provisions changed 4131 Development authority act amended 2833 School superintendent, annual report requirement removed 4129 HERITAGE TRUST ACT OF 1975 Enacted 962 HISTORICAL GRANTS Municipalities, to, authorized 1006 HISTORY Certain, required in University System 1140 HOGANSVILLE, CITY OF Charter amended, corporate limits changed 2860 HOLIDAYS Time for observing changed 368 HOLLAND, J. FRED Compensation provided 4517 HOME RULE ACT, MUNICIPAL Amended, compensation provisions, certain, changed 28 HOMERVILLE, CITY OF Charter amended, election provisions changed, etc. 3968

Page 4973

HOMESTEAD EXEMPTIONS Applications eliminated, certain counties 4558 HONEYBEE Designated as official state insect 927 HOSPITALS Medical review committee, records deemed confidential, etc. 739 Authorities, state grants to authorized, etc. 777 HOUSTON COUNTY Coroner, salary changed 2599 Hospital authority, provisions for filling vacancies made 2601 Perry redevelopment authority act 2902 State court created, etc. 2584 HUMAN RESOURCES, DEPARTMENT OF See Department of Human Resources. HUSBAND AND WIFE Certain acts requiring prosecutions repealed 815 Certain transfer tax inapplicable 782 I IMMUNITY FROM PROSECUTIONS District attorneys may grant, etc. 727 INDUSTRY AND TRADE, DEPARTMENT OF See Department of Industry and Trade. INHERITANCE Adopted children, may inherit from relatives of adopting parents 797 INSTRUMENTS Cancellation of, provided 1134 INSURANCE Accident and sickness policies, certain circumstances for inapplicability provided, renewal premiums 415

Page 4974

Accident reparations act amended, minimum insurance provisions changed, etc. 1202 Agents, etc., probation, etc., authorized 1245 Ambulance, condition precedent to license provided 916 Applied psychologists, group policies, provisions changed 576 Casualty, apportionment of certain, provided, etc. 1192 Group, applied psychologist provisions changed, etc. 576 Group policies of accident and sickness insurance, certain coordination of benefits prohibited 443 Health insurance plan for teachers provided 37 Holding company systems, additional standards provided, etc. 1238 Industrial and commercial, cancellation time limit, provisions changed 1242 Legal services, prepaid plans authorized 1268 Motor vehicle accident reparations act amended 3 Motor vehicle accident reparations act, cancellation notification, provisions changed 516 Motor vehicle insurance provisions changed, etc. 1202 Nonresident adjusters, licensing provided, etc. 1232 Riot Reinsurance reimbursement fund provided, etc. 22 School employees, health insurance authorized 1194 State board of education, etc., liability insurance, purchase of, authorized 1181 Uninsured motorist coverage act, amended, etc. 1221 INSURANCE PREMIUM FINANCE COMPANY ACT Amended 1234 INTEREST Ad valorem, increased (counties 600,000 or more, cities within of 400,000 or more) 4646 Charges for interest on certain loans authorized 47 Income tax, interest provisions changed 156 Industrial loan act amended, maintenance changes excluded from interest rate limitation 393 Legal contract rate changed, etc. 370 Real estate loans, long term, calculation of, changed 153 Secondary security deeds, provisions changed 1114 Tax executions, maximum rate provided 811 Unliquidated damages, limitation on removed 395 Unpaid taxes, date when interest commences changed, etc. 1252 Unpaid taxes, rate on changed 835 INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT ACT Amended 1186

Page 4975

INTOXICATING BEVERAGES Certain consumption authorized (400,000-600,000) 4535 Consumption on premises, certain counties and municipalities, etc., referendum 3128 Malt, destruction of contraband authorized 1210 May be consumed on premises, certain, etc. (145,000-165,000) 2806 Retail licenses, quantity limitation provided, etc. 607 IRWIN COUNTY Board of commissioners, personnel changes, etc. 3700 Deputy sheriff, salary changed, etc. 3703 J JACKSON, CITY OF Charter amended, corporate limits changed 4357 JAKIN, CITY OF New charter 3730 JAMES H. SLOPPY FLOYD STATE PARK Named 1616 JASPER COUNTY Superior court, court reporters, expense allowance provided 1303 Tax commissioner, placed on salary, etc. 2768 JEFF DAVIS COUNTY Board of commissioners, school superintendent, audit provisions changed 3852 JEFFERSON COUNTY State court judge, salary changed, etc. 3615 Superior court clerk placed on salary 3612 JESUP, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. JOHN HENRY LANE, JR. Bridge designated 4539

Page 4976

JOHNSON COUNTY Deputy sheriff, salary changed 3765 Tax collector, salary changed 3764 Tax receiver, salary changed 4497 JOINT MUNICIPAL EMPLOYEES' RETIREMENT SYSTEM ACT Amended, definition of employee changed 1005 JOINT-SECRETARY, STATE EXAMINING BOARDS Certain authorizations provided, etc. 412 JONES COUNTY Probate court judge placed on salary 2796 Small claims court, jurisdiction changed, etc. 3561 Superior court, reporters, expense allowance provided 1303 JUDGES Certain nonpartisan elections authorized 1251 Sentencing, certain notification of by Pardons and Paroles board provided 793 JUDGMENTS Foreign money judgments recognition act 479 Interlocutory appeals provided on petition, etc. 757 JUDICIAL COUNCIL OF GEORGIA Court reporter fees, authorized to fix 852 JUNIOR COLLEGE ACT Amended 522 JURISDICTION Land, retrocession of jurisdiction of land from U.S. authorized 1301 JURY Commissioner, appointment provisions changed 826 Of six, certain authorized 1331 Mechanical selection provided, etc. 825 Women, provisions related to change, etc. 779 JUVENILE COURTS Judge, compensation act repealed, certain 4511

Page 4977

K KENNESAW, CITY OF Charter amended, election provisions changed 3019 Land lease authorized 1572 KNOX, ALFRED L. Compensation provided 4520 L LABOR See Department of Labor. LAGRANGE, CITY OF Easement conveyance authorized to 1607 LAGRANGE, DOWNTOWN DEVELOPMENT AUTHORITY ACT Enacted 2623 LAMAR COUNTY Additional judge provided 760 Probate court, judge, salary changed, etc. 3365 Small claims court created 3464 Tax commissioner, salary changed, etc. 3362 LANE, JOHN HENRY, JR. Bridge designated 4539 LAND SALES ACT, GEORGIA Amended 484 LAURENS COUNTY Board of commissioners, salaries changed 4485 State court, secretary provided 4447 LAW, DEPARTMENT OF See Department of Law. LAW ENFORCEMENT OFFICERS Indemnification program provided; proposed amendment to the Constitution 1683

Page 4978

LEARY, CITY OF New charter 4401 LEDET, DAVID Compensation provided 4524 LEE COUNTY Sheriff, salary changed, etc. 2839 Tax commissioner, office created 2842 Treasurer, salary changed 3337 LEGAL ADVERTISEMENTS Fees changed 52 LEGAL SERVICES Insurance, prepaid plans, authorized 1268 LIBERTY COUNTY Board of commissioners, salary changes 3718 Sheriff, salary changed, etc. 2790 Small claims court created 3706 State court, judge, salary changed, etc. 3786 Tax commissioner, salary changed 3862 LICENSES Ambulance insurance, condition precedent to 916 Marriage, age verification, driver's license use authorized 1298 Nonresident insurance adjusters, provisions for, etc. 1232 Professional sanitarians, provisions changed 801 Refund of overpayments, etc., authorized 774 LILBURN, CITY OF See also tabular indexMunicipalities, Home Rule Amendmens. Charter amended, election procedures changed 4033 LINCOLN COUNTY Board of commissioners, chairman, salary changed 4012 Sheriff, salary changed, 4007 LINGEFELT, ROY M. Compensation provided 4522

Page 4979

LITTER LAW VIOLATIONS Cash bonds provided, etc. 845 LOCAL GOVERNMENTS: Public utilities, certain use law repealed 29 LOCUST GROVE, TOWN OF Charter amended, mayor, term changed 4504 LONG COUNTY Board of commissioners, clerk, salary changed 3369 Board of commissioners, operating budget provided 3367 Probate court, judge placed on salary, etc. 4022 Superior court clerk placed on salary 4028 Tax commissioner, office created 4025 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Court reporter, salary changed 523 LOUISVILLE, CITY OF Charter amended, qualifying fees changed 3188 LOVEJOY, CITY OF New charter 2862 LOWNDES COUNTY Additional judge provided 185 Board of commissioners, county manager provided 2565 Historical interest real property, certain, exempted from certain ad valorem taxation; proposed amendment to the Constitution 1702 State Court, judge, compensation changed, etc. 2569 LUMPKIN, TOWN OF Charter amended, use of certain funds for utilities provided 2965 M MACON, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. Board of water commissioners abolished, referendum 3349

Page 4980

Charter amended, aldermen, election from districts provided, etc. 2799 MADISON, CITY OF Charter amended, recorded authorized, etc. 2677 MALT BEVERAGES Contraband, destruction of authorized 1210 MARCONA TERMINAL COMPANY Conveyance of easement in certain Chatham County land to, authorized 104 MARIETTA, CITY OF Charter amended, civil services board membership changed, etc. 4670 Charter amended, corporate limits changed 2706 MARION COUNTY Sheriff, salary changed, etc. 3481 Tax commissioner, salary changed 3484 MARRIAGES Certain acts repealed requiring prosecutions 815 MASTER AND SERVANT Deceased employees, wage payment to survivors, amount of increased 1191 MASTURBATION FOR HIRE, ETC. Prohibited 402 McDUFFIE COUNTY Small claims court; cost changes, etc. 3312 McINTOSH COUNTY Deputy sheriffs, salaries changed 3644 Superior court clerk, assistant to, salary changed 3932 MECHANICS' LIENS Foreclosure of provided, etc. 489

Page 4981

MEDICAL REVIEW COMMITTEE Records deemed confidential, etc. 739 MENTALLY ILL Care and treatment of, consent provisions changed, etc. 704 Hearings, expenses changed 719 MENTALLY RETARDED OFFENDER ACT OF 1975 Enacted 567 MERIWETHER COUNTY Land lease authorized 1532 Probate court, clerk of judge, salary changed 2522 Sheriff, salary changed 2579 Superior court clerk, salary changed, etc. 2520 Water and sewerage authority act, enacted 3194 METROPOLITAN ATLANTA RAPID TRANSIT OVERVIEW COMMITTEE Terms of chairman provided 31 METROPOLITAN RIVER PROTECTION ACT Amended 837 MIDDLE GEORGIA COLISEUM AUTHORITY ACT Amended, revenue bonds increased, etc. 2807 MILLEDGEVILLE, CITY OF Charter amended, corporate limits changed 2740 MILLEN, CITY OF Conveyance of land to authorized 1511 MILLER COUNTY Board of commissioners, probate court judge removed as member, etc. 2575 Probate court, judge placed on salary 2572 Sheriff, salary changed 2551 State court, solicitor placed on salary 2549 Superior court clerk, placed on salary, etc. 2545 Superior court clerk, relieved of certain duties, etc. 2542 Superior court terms changed 4511

Page 4982

MOBILE HOMES Uniform standards code amended 1557 MONROE, CITY OF Charter amended, certain community antenna television services authorized 3676 MONROE COUNTY Additional judge provided, etc. 760 Small claims court, substitute judge, provisions for changed, etc. 3552 MONTGOMERY COUNTY Land conveyance authorized 1525 Tax commissioner, salary determination provided 3966 MORGAN COUNTY Superior court clerk, etc., salary changes 2682 Superior court, reporters, expense allowance provided 1303 MORROW, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. MORTGAGE FORECLOSURE ON PERSONALTY Provision deleted 1213 MOTOR COMMON CARRIERS Provisions, certain, changed 836 MOTOR CONTRACT CARRIERS Act amended, certain exemptions made 1190 Act, provisions, certain, changed 836 MOTOR FUEL TAX Certain exemptions for nonhighway use changed 414 Exemption provided 873 Revenue study commission created 1621 MOTOR VEHICLES Abandoned, sale of, provisions changed 913 Accident reparations act amended 3 Accident reparations act, amended, cancellation notification, provisions made for 516

Page 4983

Accident reparations act amended, minimum insurance provisions changed, etc. 1202 Automobile tags, certain, free to certain veterans 720 Certificate of title act amended 1596 Controlled access highways, removal after stoppage 1286 Dealer's inventory, classified for taxation 183 Driver's licensing act 1008 Flashing red lights, certain use authorized 1188 Franchise practice act amended, compensation of dealers for warranty service provided 914 Franchise practices act, amended, registration, failure to renew, penalty provided, etc. 911 House trailer, towed, riding in prohibited 1202 Inspections, arrest provisions changed, etc. 874 Mechanics' liens, foreclosure of provided, etc. 489 Motor contract carriers, motor common carriers, provisions changed 836 Odometer tampering prohibited 754 Red lights, certain, traffic may turn right on 496 Roads, excess weight provisions amended, portable buildings 400 Speed restrictions provided, etc. 1582 Suspension system alteration, certain, prohibited 763 MOTOR VEHICLE FRANCHISE ACT Amended, compensation of dealers for warranty service provided 914 Amended, registration, failure to renew, penalty provided, etc. 911 MOUNTAIN JUDICIAL CIRCUIT Certain terms of court changed 729 MULL, WILLIAM Easement conveyance to authorized 1605 MULTI-CITY WATER AND SEWERAGE AUTHORITY ACT Enacted 3033 MUNICIPAL ELECTRIC AUTHORITY ACT Amended 1200 Enacted 107

Page 4984

MUNICIPAL HOME RULE ACT Amended, compensation provisions, certain, changed 28 MUNICIPALITIES Automatic return of property for taxation provided, etc. (municipalities of 15,000 in counties of 59,000-60,000) 701 Certain sinking fund investments authorized, proposed amendment to the Constitution 1673 Election provisions changed, referendum (11,200-11,250) 1730 Elections, absentee ballots required, etc. 888 Elections, time of poll closing fixed (300,000 or more) 769 Employees, residency restrictions, prohibition provided 1576 Federal community disaster loans authorized, proposed amendment to the Constitution 1670 Historical grants to, authorized 1006 Interest on ad valorem taxes increased (counties 600,000 or more, cities within of 400,000 or more) 4646 Intoxicating beverages may be consumed on premises, etc.referendum (180,000-190,000) 3128 Poll closing time changed (300,000 or more) 769 Primaries authorized at general elections 872 Public utilities, certain law repealed 29 Retirement, annual statement, certain, required (500,000 or more) 3175 Retirement, certain credit provided (500,000 or more) 3176 Retirement, population figures changed (300,000 or more) 3177 Sales and use tax act, authorized to levy, referendum 984 Sales and use tax, levy of certain excise taxes authorized, etc. 1002 Tax notices, certain information required on, etc. 1083 Taxes, etc. refund of overpayments authorized, etc. 774 Water and sewer contracts, authorized to retain amounts on, etc. 1045 MUSCOGEE COUNTY Etc., certain incentives provided for industrial development; proposed amendment to the Constitution 1724 N NATIONAL BICENTENNIAL CELEBRATION ACT Amended 492

Page 4985

NATURAL RESOURCES ACT Amended, certain water transportation provided 866 Law enforcement personnel, certain disabilities of included in retirement system 1499 NEWNAN, CITY OF See also tabular indexMunicipalities, Home Rule Amendments . Downtown development authority; proposed amendment to the constitution 1675 NEWTON COUNTY Board of education, reconstituted, etc., referendum 3577 Local legislative study committee created 4547 Public defender, office abolished 2699 Tax payment time changed, etc.; proposed amendment to the Constitution 1684 NORWOOD, TOWN OF Charter amended, salary of mayor, etc., changed 3783 NURSING, PRACTICE OF New provisions made 501 O OBSCENE MATERIAL Criminal provisions changed, etc. 498 OCMULGEE JUDICIAL CIRCUIT Court reporters, expense allowance provided 1303 OCONEE COUNTY Board of commissioners, election changed, etc. 3105 ODUM, CITY OF Charter amended, city limits redefined 3922 OFFENDER ACT, ADULT SPECIAL Enacted 1312 OFFENDER, MENTALLY RETARDED, ACT Enacted 567

Page 4986

OFFENDER REHABILITATION Supplemental appropriations 5 OGLETHORPE, CITY OF New charter 2630 OIL AND GAS AND DEEP DRILLING ACT OF 1975 Enacted 966 ORCHARD HILL, TOWN OF Charter amended 2760 Charter amended, corporate limits changed, referendum 2771 OUTDOOR ADVERTISING AND JUNKYARD ZONING Certain, proposed amendment to the Constitution 1668 OUTREACH WORKERS Office of housing, authorized to provide 850 P PARDONS AND PAROLES See State Board of Pardons and Paroles. PAULDING COUNTY Assistant district attorney, office created 437 Board of commissioners created, referendum 2916 Law Library, furnishing books provided 4546 Water authority, quorum provisions changed 3845 PAYNE CITY Charter amended, election changes 3790 Charter amended, mayor, etc., salary provided 3788 PEACE OFFICERS Annuity and benefit fund, amended, fines and bond forfeiture amounts changed, etc. 578 Appearance before grand jury before indictment authorized 607 Certain firearms at polling places authorized 807 Standards and training act, amended 1165 PEACH COUNTY Justices of peace, jurisdiction increased; proposed amendment to the Constitution 1690

Page 4987

Probate court, budget disputes, arbitration provisions changed 3376 Sheriff, budget arbitration provisions changed 4339 Superior court clerk, budget disputes, arbitration provisions changed 3374 Tax commissioner, budget disputes, arbitration provisions changed 3378 PEDDLERS Confederate soldiers, act granting privileges, repealed 689 PERRIN, CARL Compensation provided 4525 PERRY, CITY OF Charter amended, terms of officers changed, etc. 3332 Homestead exemption provisions changed, proposed amendment to the Constitution 1687 Redevelopment Authority Act 2902 PERRY REDEVELOPMENT AUTHORITY ACT Enacted 2902 PHARMACISTS Applications for qualification, provisions changed 97 PICKENS COUNTY Superior court clerk placed on salary 3697 PIKE COUNTY Tax commissioner, deputy, salary changed 3479 Tax commissioner, salary changed 3477 POLICE ACADEMY ACT, GEORGIA Amended 1175 POLITICAL SUBDIVISIONS Certain sinking fund investments authorized, proposed amendment to the Constitution 1673 Etc., water and sewer contracts, authorized to retain amounts on, etc. 1045 Federal community disaster loans authorized, proposed amendment to the Constitution 1670 Sales by public officers, etc., amount of changed 854

Page 4988

POLK COUNTY Assistant District Attorney, office created 437 Deputy sheriffs, salaries changed 3960 POOLER, TOWN OF Charter amended, corporate limits changed 4622 PORT WENTWORTH, CITY OF Charter amended, corporate limits changed 3190 , 3308 POWDER SPRINGS, CITY OF Charter amended, corporate limits redefined 4659 PRACTICE AND PROCEDURE Foreign money-judgments recognition act 479 Habeas corpus act amended 1143 Interlocutory appeals provided on petition, etc. 757 PRACTITIONER Dangerous drugs, manufacturer authorized to give on certain conditions, etc. 690 PRESIDENTIAL PREFERENCE PRIMARY ACT, GEORGIA See Georgia Presidential Preference Primary Act . PRISON GUARDS Indemnification program provided; proposed amendment to the Constitution 1683 PRISONERS Correctional industries act amended, certain compensation provided, etc. 1163 Correctional institutions, States authorized to pay counties for 908 Leave authorized for special community programs, etc. 898 , 910 PRIVATE COLLEGES Students attending, grants to, act amended 1161 , 1320 PROBATE COURTS Judge, bond increased 922 Judges, compensation fixed (185,000-190,000) 4534

Page 4989

PRODUCTIVITY CENTER, GEORGIA Designated 925 PROFESSIONAL ENGINEERS AND LAND SURVEYORS ACT Amended 1048 PROFESSIONAL SANITARIANS License provisions changed 801 PROPERTY Adverse possession of certain classes of property provided 725 PROSECUTING ATTORNEYS COUNCIL OF GEORGIA Created 1623 PSYCHOLOGIST, APPLIED Insurance policy provisions changed, etc. 576 PUBLIC ACCOMMODATIONS Blind and visually handicapped persons, provided, etc. 1639 PUBLIC ASSISTANCE ACT Amended, overpayment recoveries provided, etc. 477 PUBLIC CONTRACTS Performance bonds, maximum contract amount changed 810 PUBLIC OFFICERS Attorney general, removal, provisions made for, certain 863 Bonds, indemnification provisions changed 1089 Counsel, designation by governor, provisions clarified 878 Etc., amount of sales to political subdivisions changed 854 Etc., indemnification provided 674 Grand jury, peace officers, appearance before indictment authorized 607 Grand jury, unsworn statement to, right abolished 1325 PUBLIC SAFETY, DEPARTMENT OF See Department of Public Safety .

Page 4990

PUBLIC SAFETY RADIO SERVICES ACT OF 1975 Enacted 1642 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM ACT Amended 1490 PUBLIC SERVICE COMMISSION Consumers' Utility Counsel, office created 372 Electric, gas, water service, certain bills for, provided, etc. 574 Operations amended, etc. 404 PUBLIC TELEVISION Study committee created 1612 PUBLIC TRANSPORTATION ACT Amended 1159 Amended, private property, road purposes, provisions changed 813 PUBLIC UTILITIES Certain use law repealed 29 PULASKI COUNTY See also tabular indexCounties, Home Rule Amendments. Sheriff's deputies, provisions changed 2518 PUTNAM COUNTY Superior court, reporters, expense allowance provided 1303 Q QUITMAN COUNTY Board of commissioners, terms of office changed 3351 Treasurer, salary changed 2603

Page 4991

R RABUN COUNTY Airport authority act 3003 Certain terms of court changed 729 RADIO Public safety services act enacted 1642 RANDOLPH COUNTY Sheriff, expense provisions changed, etc. 2732 RAPID TRANSIT AUTHORITIES Etc., certain occupation of roads, provided 98 REAL ESTATE BROKERS AND SALESMEN Solicitation, certain, prohibited 1154 RECORDATION Deeds to secure debt, foreclosure information, recording of 422 RECORDED MATERIALS Reproduction of, unauthorized, prohibited, etc. 44 RECORDS ACT, GEORGIA Amended 675 REGISTRATION OF GEOLOGIST ACT OF 1975 Enacted 163 RESIDENTIAL FINANCE AUTHORITY, GEORGIA Name change, etc. 1651 RETIREMENT Annual statement required, certain (500,000 or more) 3175 Certain cities, population figures changed (300,000 or more) 3177 Certain municipalities, certain credit provided (500,000 or more) 3176 Joint municipal employees' act amended 1005 Municipalities, certain, population figures changed (300,000 or more) 3177 Public school employees' retirement act amended 1490

Page 4992

Sheriffs, board of commissioners, bond required, etc. 830 Sheriffs, reinstatement provisions made 823 REVENUE Automobile tags, free to certain veterans 720 Banking shares, etc., taxation of authorized 147 County board of equalization, member selection changed, etc. 1090 County taxes, installment payment date changed (350,000-600,000) 1085 Fair market value for taxation, meaning of 96 Federal tax corrections, time for filing for Ga. assessment or refunds reduced 862 Income tax, definition of who must file, provided 859 Income tax, interest provisions changed 156 Intangible recording tax, not considered interest, etc. 153 Interest, date when commenced, changed, etc. 1252 Motor fuel tax exemption provided 873 Motor fuel tax law, certain exemptions for nonhighway use changed 414 Motor vehicles, dealer's inventory, classified for taxation 183 Net income defined, etc. 843 Nonresident defined for income tax purposes 858 Nonresident income tax, provisions changed 857 Overpayment of taxes, etc., refund of authorized, etc. 774 Real property transfer tax, inapplicable in certain husband-wife transaction 782 Sales and use tax, certain counties and municipalities, levy of certain excise taxes authorized, etc. 1002 Sales and use tax, certain municipalities and counties, authorized to levy, etc., referendum 984 Sales and use tax, city-county consolidated governments, referendum authorized 1729 Sales and use tax, deductions provisions clarified 101 Sales and use tax, interest on delinquent taxes increased 162 Tax executions, interest, maximum rate provided 811 Tax exemption granted, certain, Agrirama Development Autority 842 Tax liens, under certain circumstances, property may be released 423 Tax notices, counties and municipalities, certain information for inclusion on provided, etc. 1083 Tax returns, time for making changed (15,000-15,500) 526 Taxation, automatic return of property, provided, etc. (municipalities of 15,000 in counties of 59,000-60,000) 701 Unpaid taxes, interest rate on changed 835 REVENUE, DEPARTMENT OF Attorney general to furnish legal services for 722 Write offs, certain, authorized 1538 , 1555

Page 4993

REVENUE TAX ACT TO LEGALIZE AND CONTROL ALCOHOLIC BEVERAGES AND LIQUORS ACT Amended, retail licensees, quantity limitation provided, etc. 607 RICHMOND (AUGUSTA) COUNTY COLISEUM AUTHORITY ACT Amended, powers defined, etc. 4681 RICHMOND COUNTY Board of commissioners, certain purchases authorized without bid 4334 Ordinance adoption authorized 4548 Probate court judge emeritus, procedures provided 3068 State court, ordinance enforcement provided 3867 RINCON, TOWN OF Charter amended, officers qualifications changed, etc. 3324 RIOT REINSURANCE REIMBURSEMENT FUND Provided, etc. 22 RIVER PROTECTION ACT, METROPOLITAN Amended 837 RIVERDALE, CITY OF Charter amended, certain terms of office changed 3306 ROACH, PAUL Compensation provided 4514 ROADS Condemnation of private property for, provisions changed 812 County grants for, authorized, etc. 1079 Enforcement of load limitation provisions changed 1154 Excess weight provisions amended, portable buildings 400 Maximum loads on certain vehicles changed 68 Rapid Transit authorities, etc., certain occupation by, provided 98 ROCKDALE COUNTY Commissioner, salary changed 2695 Coroner, salary changed 2690 Probate court, judge, etc., salary changes, etc. 2692

Page 4994

Public defender, office abolished 2699 Public defender provided 2685 Sheriff, etc., salary changes, etc. 2702 Superior court clerk, etc., salary changes, etc. 2697 Tax commissioner, salary changed, etc. 2688 RUTLEDGE, CITY OF Charter amended, term of mayor changed, etc. 4267 S SALES Antifreeze regulated 706 Boat flotation devises 773 Public officers, etc., amount of sales to political subdivisions changed 854 SANITARIANS, PROFESSIONAL License provisions changed 801 SAVANNAH, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. (Augusta) river parking and urban redevelopment authority act 2941 Board of public education, members salaries changed, referendum 3962 SAVANNAH PORTS AUTHORITY ACT Amended 3131 SAVINGS AND LOAN ASSOCIATIONS Interest, charges for on certain loans authorized 47 School funds, may act as depositories for, etc. 696 SCHOOL BUS DRIVERS Regulated (400,000 or more) 4527 Sick leave allotment, provisions made for, etc. 812 SCHOOLS Traffic safety study provided, etc. 820 SECRETARY OF STATE Authorized to grant certain charters; proposed amendment to the Constitution 1689

Page 4995

SCREVEN COUNTY Coroner, salary changed 3382 SECURITY AGENCIES, PRIVATE Act amended 785 SEMINOLE COUNTY Land conveyance to authorized 1520 Superior court clerk's personnel, salary changes 4211 SENATE COMMITTEE ON ECONOMY, REORGANIZATION AND EFFICIENCY Resolution amended 1327 SERVICES, BUYING ACT OF 1975 Enacted 529 SEWERAGE SYSTEMS Certain act relating to repealed 29 SHARON, CITY OF New charter 4274 SHEPERD, WILLIAM H. Compensation provided 4523 SHERIFFS Bonds increased 921 Etc., salaries provided (10,600-10,900) 4537 Minimum qualifications provided; proposed amendment to the Constitution 1682 Minimum salaries changed 521 Personnel, salaries supplemented (27,300-28,600) 1887 Retirement fund act, amended 830 Retirement fund act, amended 823 Salaries changed (500,000 or more) 4510 Salary changes, certain counties 4555 SHILOH, CITY OF Charter amended, terms of office of mayor changed, etc., referendum 4369 SHOPLIFTING Criminal intent specified 876

Page 4996

SHOPPING CARTS Removal, certain, penalized, etc. 848 SHRIMPING Bait, provisions changed 425 SMALL BUSINESS ASSISTANCE ACT OF 1975 Enacted 1619 SMALL CLAIMS COURT Population figures changed, etc. (27,000-28,000) 4551 SMOKING In certain public places, prohibited 45 SMYRNA, CITY OF Charter amended, corporate limits changed 4078 SOCIAL CIRCLE, CITY OF Charter amended, terms of officers changed, etc. 3672 SOIL CONSERVATION DISTRICTS LAW Amended, attorney general to furnish legal services for 724 SOUTHERN JUDICIAL CIRCUIT Additional judge provided 185 SPALDING COUNTY Board of commissioners, personnel provided 3022 Board of commissioners, salaries changed, etc. referendum 4352 STATE Instrumentalities of, water and sewer contracts, authorized to retain amounts on, etc. 1045 STATE BOARD OF CORRECTIONS Attorneys, only certain authorized to accept fee for contacting, etc. 1218 STATE BOARD OF EDUCATION Etc., liability insurance, purchase of, authorized 1181

Page 4997

STATE BOARD OF PARDONS AND PAROLES Act amendedcertain arrest warrants provided 786 Notification to sentencing judge provided, etc. 793 Youthful Offender Act amended, sentencing provisions clarified 900 Written decisions to be signed 795 STATE BOARD OF TRANSPORTATION Commission of members, State great seal to be affixed 833 Commissioner, etc., service as State Highway Engineer authorized 102 STATE BUILDINGS Selling goods in, prohibited, etc. 885 STATE COURTS Clerks of any certain, bonds increased 925 Judges, salaries provided (6,513-7,600) 4532 Juries of six, certain authorized 1331 STATE DEPOSITORIES Collateral, certain, approved 917 STATE EMPLOYEES Automobile expenses, increased 816 Bonds, beneficiaries provided 672 Employment physical examinations, provisions changed 76 Health insurance purposes, definition of changed 65 Natural resources, certain water transportation provided 866 Outreach workers, office of housing authorized to provide 850 STATE EXAMINING BOARDS Joint-Secretary, certain authorizations provided, etc. 412 STATE GRANTS Hospital authorities, provided 777 STATE HIGHWAY ENGINEER Commissioner of transportation, etc., authorized to serve as 102 STATE INSECT Honeybee designated as official 927

Page 4998

STATE LAND Retrocession of jurisdiction of land from U.S. authorized 1301 STATE LIBRARY Provisions changed 741 STATE OFFICE OF HOUSING Outreach workers, provisions made for 850 STATE OFFICIALS Etc., introduction of salary bills, must have fiscal notes attached 770 STATE PARKS EVALUATION STUDY COMMITTEE Created 1566 STATE PERSONNEL BOARD Hearings provided, etc. 71 New, created, proposed amendment to the Constitution 1666 Provisions changed, etc. 79 Public school employees, health insurance authorized 1194 STATE PROPERTIES CODE Amended 1092 STATE PROPERTIES COMMISSION Certain real estate transactions for state authorized 1558 STATE REVENUE COMMISSIONER Banks, etc., authorized to regulate 154 Charitable trust act, administration of provided 1527 Malt beverages, authorized to destroy contraband 1210 STATE SPEECH PATHOLOGY AND AUDIOLOGY LICENSING ACT, GEORGIA Amended 1650 STEPHENS COUNTY Board of commissioners, provisions changed 3864 Certain terms of court changed 729

Page 4999

STOCKBRIDGE, CITY OF Charter amended, election date changed, etc., referendum 4133 STOVALL, L. L., JR., MRS. Land conveyance authorized 1588 SUGAR HILL CITY OF New charter 3232 SUNNY SIDE, CITY OF Charter amended 2736 SUPERIOR COURTS Clerks, bonds increased 923 Clerks, cost changes, etc. (600,000 or more) 1150 Clerks, deputies of, salaries fixed (18,100-18,250) 2913 Clerks, salaries changed (185,000-190,000) 2859 District attorneys, certain assistant, salaries changed (54,000-58,000) 1111 District Attorneys, expense payment provided 821 Juries of six, certain authorized 1331 Nonpartisan elections, certain, authorized 1251 Secretaries, classified, etc. 1506 SUPERVISOR OF PURCHASES Goods, etc., from Director of Corrections, provisions clarified 488 T TALBOTTON, CITY OF Charter amended, election provisions changed, etc. 4258 TALIAFERRO COUNTY Board of commissioners, chairman, expense provisions changed, etc. 4009 Small claims court created 3648 TALLAPOOSA JUDICIAL CIRCUIT Assistant District Attorney, office created 437

Page 5000

TATTNALL COUNTY Small claims court created 3684 Superior court clerk's personnel, salaries changed 3303 Tax commissioner, office created 3299 TAX COMMISSIONERS Deputies, salaries of, fixed (18,100-18-250) 2912 TAXATION Fair market value defined 96 TAXES Refund of overpayments authorized, etc. 774 TAYLOR, A. W. Conveyance of land to estate, authorized 1600 TAYLOR COUNTY Board of education, number of members changed 3486 TEACHERS Allotment provisions changed 1139 Certification requirements provided, etc. 181 Contracts, grounds for termination defined, etc. 360 Employment, certain, prohibited 1537 Health insurance plan provided, etc. 37 TEACHERS' RETIREMENT SYSTEM ACT Amended 357 , 1328 , 1574 , 1601 , 1637 Board of Trustees, compensation changed 495 Creditable service provisions changed 1328 Options provided 1579 TELECOMMUNICATION SERVICES Avoidance of payment for, penalized 1534 TERRELL COUNTY Probate court, judge, placed on salary, etc. 2527 THOMAS COUNTY Additional judge provided 185 State court, judge, salary changed, etc. 3345

Page 5001

THOMASTON, CITY OF Charter amended, corporate limits changed 3666 THOMASVILLE, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. THRIFT, GERALD F., MR. AND MRS. Compensation to authorized 2901 TIFT COUNTY Board of commissioners, chairman, eligibility provisions provided 4015 TOBACCO Flue cured, sale and storage of, regulated 1263 Warehouse, public weighers' seal, issuance provided 1302 TOCCOA, CITY OF Charter amended, commissioners, terms changed, etc., referendum 4142 TOOMBS COUNTY Sheriff, salary changed 3341 Tax commissioner, salary changed 3343 TOWNS COUNTY Certain terms of court changed 729 TRANSPORTATION Code amended 1159 Commissioner, etc., service as State Highway Engineer authorized 102 Rapid transit authorities, etc., certain occupation by of roads, provided 98 TRANSPORTATION, BOARD OF See State Board of Transportation. TREASURER County, emeritus, established (150,000-165,000) 4529

Page 5002

TRION, TOWN OF Charter amended, terms of certain officials changed 3071 TROUP COUNTY Sheriff, etc., salaries changed 3859 TUNNEL HILL, CITY OF New charter, referendum 4296 TURIN, TOWN OF Charter amended, terms of officers changed, etc. 4208 TURNER COUNTY Sheriff, salary changed, etc. 3384 TWIGGS COUNTY Sheriff, salary changed, etc. 2562 TYRONE, TOWN OF New charter 3876 U UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Amended 1141 Certain district attorney representation, etc. 781 Dominion of Canada included 818 UNIFORM RULES OF THE ROAD ACT Amended, traffic may turn right on certain red light 496 UNIFORM STANDARDS CODE FOR MOBILE HOMES ACT Amended 1557 UNINSURED MOTORIST COVERAGE Provisions of act changed, etc. 1221 UNION COUNTY Certain terms of court changed 729

Page 5003

Commissioner, office created, referendum 4490 Sheriff, salary changed, etc. 4361 UNIVERSITY SYSTEM OF GEORGIA Georgia and U.S. History courses required 1140 Veterinary Medicine, advisory board created 210 UNLIQUIDATED DAMAGES INTEREST ACT Amended 395 UPSON COUNTY Board of education authorized to appoint school superintendent, referendum 3356 Commissioners of roads and revenues, terms changed, etc. 3353 Sheriff placed on salary, etc. 2846 V VALDOSTA, CITY OF Charter amended, election provisions changed, etc. 4085 VETERANS Automobile tags, certain, free to certain veterans 720 VETERINARY MEDICINE Advisory board created 210 VILLA RICA, CITY OF New charter 4575 VITAL RECORDS Death, determination criteria provided 1629 Provisions changed 1179 VITAL STATISTICS Birth certificates, procedure for changing provided, etc. 855 W W A RAILROAD PROPERTY Sale of portion of authorized 1580

Page 5004

WALESKA, TOWN OF Charter amended, recorder's court provided 4389 WALKER COUNTY Court reporter, salary changed 534 Land conveyance to authorized 1594 WALTHOURVILLE, CITY OF Charter amended, election provisions changed 3639 WALTON COUNTY Sheriff, personnel provided 3847 WARD, HARRISON ALMA LILLY Land conveyance authorized 1536 WARE (WAYCROSS) DEVELOPMENT AUTHORITY ACT Amended, membership provisions changed 3958 WAREHOUSE, CONVENIENCE, ACT OF 1975 Enacted 1156 WARRANTS Arrest, certain, Board of Pardons and Paroles, provided 786 Health inspection, provided 693 WARRENTON, CITY OF New charter 3970 WARWICK, CITY OF New charter 3580 WASHINGTON COUNTY Sheriff, salary changed, etc. 3924 State court, juror selection, changed, etc. 4018 WATER Certain billings for, provided, etc. 574 Wastewater, treatment plant operators act amended 1074

Page 5005

WATER AND SEWER Contracts, political subdivisions, etc., authorized to retain amounts, on, etc. 1045 Prior county approval required before increases made (145,000-165,000) 4558 WAVERLY HALL, TOWN OF Charter amended, quorum provided, etc. 3944 WAYCROSS (DOWNTOWN) AND WARE COUNTY DEVELOPMENT AUTHORITY ACT Amended, membership provisions changed 3958 Enacted 4637 WEST POINT, CITY OF Charter amended, property, sale of, certain, provided 3327 WILCOX COUNTY Sheriff, method of paying expenses changed 2582 WILD ANIMAL REGULATIONS Provided 1254 WILKES COUNTY Board of commissioners recreated 2979 WILKINSON COUNTY Minimum ad valorem tax provided 2560 Sheriff, salary changed, etc. 2554 Superior court, reporters, expense allowance provided 1303 Tax Commissioner, clerical assistant to, salary changed 2558 WILLIAMS BROTHERS GROCERY COMPANY Compensation provided 4516 WILLS Funeral expenses made claim against estate of decedent 711 Solemn form probate changed 764 WINDER, CITY OF Charter amended, election provisions, changed, etc. 4328 Duplicate charter repealed 4333 Land conveyance to authorized 1609 , 1610

Page 5006

WITNESSES Certain influencing of prohibited 34 WOMEN Jury provisions relating to, changed 779 WOODBINE, CITY OF See also tabular indexMunicipalities, Home Rule Amendments. WOODSTOCK, CITY OF New charter 4160 WORKMEN'S COMPENSATION ACT Amended 190 , 198 Health agencies, certain, covered by 1231 WORTH COUNTY Board of education, superintendent, appointment provided, etc., referendum 4202 WYNN, BENJAMIN Compensation provided 4519 Y YOUNGBLOOD, GEORGE E. Land conveyance to authorized 1627 , 1630 YOUTHFUL OFFENDER ACT Amended, sentencing provisions clarified 900 Z ZEBULON, CITY OF Charter amended, election date changed 3724

Page 5007

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 32,911 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 143,366 141,249 114,079 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 98,126 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 605,210 556,326 473,572 392,886 318,587 232,606 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 12,270 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 4,589,575 3,943,116 3,444,578 3,123,723 2,908,506 2,895,832

Page 5010

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 12,270 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 Laurens 32,738 Bartow 32,911 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 98,126 Bibb 143,366 Richmond 162,437 Muscogee 167,377 Chatham 187,816 Cobb 196,793 DeKalb 415,387 Fulton 605,210 Total 4,589,575

Page 5012

GEORGIA STATE SENATE COUNTY Senatorial District Appling 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 Chattahoochee 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 Habersham 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 Meriwether 29 Miller 11 Mitchell 9 Monroe 27 Montgomery 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 Talbor 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 Washington 20, 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51, 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

Page 5014

SENATORS OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1974-1975 Name District Post Office Ballard, D. W. Don 45th 405 Haygood St., Oxford 30267 Banks, Peter L. 17th 314 Thomaston St., Barnesville 30204 Barker, Ed. 18th P.O. Drawer KK Warner Robins 31093 Barnes, Roy 33rd 639 Maran Drive Mableton 30059 Bell, Robert H. Bob 5th 2535 Henderson Mill Rd., N.E., Atlanta 30345 Bond, Julian 39th 361 Westview Drive, S.W., Atlanta 30310 Brantley, Haskew H., Jr. 56th 6114 Riverside Drive, N.W., Atlanta 30328 Broun, Paul C. 46th 165 Pulaski St. Athens 30601 Brown, M. Parks 47th P.O. Box 37 Hartwell 30643 Carter, Hugh A. 14th P.O. Box 97 Plains 31780 Coverdell, Paul D. 40th Suite 607, 1447 Peachtree St., N.E., Atlanta 30309 Dean, Nathan D. 31st 340 Wingfoot St. Rockmart 30153 Dean, Roscoe E., Jr. 6th 612 Cherry St. 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 Box 1141 Waycross 31501 Fincher, W. W., Jr. (Bill) 54th P.O. Box 149 Chatsworth 30705 Foster, John C. 50th Box 100 Cornelia 30531 Garrard, Ed 37th 956 Plymouth Road, N.E., Atlanta 30306 Gillis, Hugh M., Sr. 20th Box 148 Soperton 30457 Hamilton, Bert 26th 464 West Buford Road, Macon 31204 Hamilton, James R. Duck 34th 4745 Stonewall Tell Road College Park 30337 Hill, Render 29th P.O. Box 246 Greenville 30222 Holley, R. Eugene 22nd Suite 1500 Sou. Finance Bldg., Augusta 30902 Holloway, Al 12th P.O. Box 588 Albany 31702 Howard, Pierre, Jr. 42nd 600 First Nat. Bank Bldg. Decatur 30030 Hudgins, Floyd 15th 1221 Fourteenth Avenue, Columbus 31906 Hudson, Perry J. 35th 3380 Old Jonesboro Road Hapeville 30354 Kennedy, Joseph E. 4th P.O. Box 246 Claxton 30417 Kidd, Culver 25th P.O. Box 370 Milledgeville 31061 Langford, J. Beverly 51st P.O. Box 207 Calhoun 30701 Lester, Jimmy 23rd 1st Federal Savings Bldg. 985 Broad Street Augusta 30902 Lewis, Preston B., Jr. 21st Box 88 Waynesboro 30830 McDowell, Henry 2nd 8303 Royal Oak Drive, Savannah 31406 McDuffie, E. M. Pete 19th Route 6 Eastman 31023 McGill, Sam P. 24th Washington 30673 Overby, Howard T. 49th P.O. Box 636 Gainesville 30501 Pearce, H. Norwood 16th P.O. Box 2312 Columbus 31902 Reynolds, Steve 48th P.O. Box 303 Lawrenceville 30245 Riley, John R. 1st P.O. Box 9641 Savannah 31402 Robinson, W. Lee 27th 864 Winchester Circle, Macon 31204 Russell, Henry P., Jr. 10th Rt. 1, Boston 31626 Shapard, Virginia 28th P.O. Box 54 Griffin 30223 Starr, Terrell 44th 4766 Tanglewood Lane Forest Park 30050 Stephens, Jack L. 36th 2484 Macon Dr., S.E., Atlanta 30315 Stumbaugh, Lawrence (Bud) 55th 1071 Yemassee Trail Stone Mountain 30083 Summers, E. G. 53rd P.O. Box 499 LaFayette 30728 Sutton, Franklin 9th RFD 1 Norman Park 31771 Tate, Horace E. 38th 621 Lilla Dr., S.W. Atlanta 30310 Thompson, Joe 32nd Box 1045 Smyrna 30080 Timmons, Jimmy Hodge 11th 132 South Woodlawn Blakely 31723 Traylor, Mell 3rd Route 1, Box 94A1 Pembroke 31321 Turner, Loyce W. 8th P.O. Box 157 Valdosta 31601 Tysinger, James W. (Jim) 41st 3781 Watkins Place, N.E. Atlanta 30319 Warren, George T., II 43rd 3762 Tree Bark Trail, Decatur 30034 Young, Martin 13th Box 68 Rebecca 31783

Page 5017

MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMBERICAL ORDER AND POST OFFICES FOR THE TERM 1974-1975 District Name Address 1 Riley, John R. P. O. Box 9641, Savannah 31402 2 McDowell, Henry 8303 Royal Oak Drive, Savannah 31406 3 Traylor, Mell Route 1, Box 94A1, Pembroke 31321 4 Kennedy, Joseph E. P.O. Box 246, Claxton 30417 5 Bell Robert H. Bob 2535 Henderson Mill Road, N.E., Atlanta 30345 6 Dean, Roscoe E. Jr. 612 Cherry Street, Jesup 31545 7 Eldridge, Frank Jr. P.O. Box 1141, Waycross 31501 8 Turner, Dr. Loyce W. P.O. Box 157, Valdosta 31601 9 Sutton, Franklin Route 1, Norman Park 31771 10 Russell, Henry P., Jr. Route 1, Boston 31626 11 Timmons, Jimmy Hodge 132 South Woodlawn Blakely 31723 12 Holloway, Al P. O. Box 588, Albany 30701 13 Young, Martin P. O. Box 68, Rebecca 31783 14 Carter, Hugh A. P. O. Box 97, Plains 31780 15 Hudgins, Floyd 1221 Fourteenth Avenue, Columbus 31906 16 Pearce, H. Norwood P. O. Box 2312, Columbus 31902 17 Banks, Peter L. 314 Thomaston St., Barnesville 30204 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 Lewis, Preston B., Jr. P. O. Box 88, Waynesboro 30830 22 Holley, R. Eugene Suite 1500, Southern, Finance Bldg., Augusta 30904 23 Lester, Jimmy First Federal Savings Bldg., 985 Broad Street, Augusta 30902 24 McGill, Sam P. Washington 30673 25 Kidd, Culver P. O. Box 370, Milledgeville 31061 26 Hamilton, Bert 464 West Buford Road, Macon 31204 27 Robinson, W. Lee 864 Winchester Circle, Macon 31204 28 Shapard, Virginia P. O. Box 54, Griffin 30223 29 Hill, Render P. O. Box 246, Greenville 30222 30 Duncan, J. Ebb P. O. Box 26, Carrollton 30117 31 Dean, Nathan D. 340 Wingfoot Street, Rockmart 30153 32 Thompson, Joe P. O. Box 1045, Smyrna 30080 33 Barnes, Roy 639 Maran Lane, Mableton 30059 34 Hamilton, James R. Duck 4745 Stonewall-Tell Road, College Park 30337 [Illegible Text] [Illegible Text] [Illegible Text] 36 Stephens, Jack L. 2484 Macon Dr., S.E., Atlanta 30315 37 Garrard, Ed 956 Plymouth Road, N.E., Atlanta 30306 38 Tate, Dr. Horace E. 621 Lilla Drive, S.W., Atlanta 30310 39 Bond, Julian 361 Westview Drive, S.W., Atlanta 30310 40 Coverdell, Paul D. Suite 6071447 Peachtree Street, N.E., Atlanta 30309 41 Tysinger, James W. (Jim) 3781 Watkins Place, N.E., Atlanta 30319 42 Howard, Pierre, Jr. 600 First National 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 Street, Oxford 30267 46 Broun, Paul C. 165 Pulaski Street, Athens 30601 47 Brown, M. Parks P. O. Box 37, Hartwell 30643 48 Reynolds, Steve P. O. Box 303, Lawrenceville 30245 49 Overby, Howard T. P. O. Box 636, Gainesville 30501 50 Foster, John C. Box 100, Cornelia 30531 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. Box 149, Chatsworth 30705 55 Stumbaugh, Lawrence (Bud) 1071 Yemassee Trail, Stone Mountain 30083 56 Brantley, Haskew H., Jr. 6114 Riverside Drive, N.W., Atlanta 30328

Page 5019

GEORGIA HOUSE OF REPRESENTATIVES County House District Appling 138 Atkinson 150 Bacon 152 Baker 131 Baldwin 108, 109 Banks 10, 12 Barrow 12, 61, 64 Bartow 7, 8 Ben Hill 137 Berrien 146 Bibb 99-140 Bleckley 117 Brantley 138, 152 Brooks 147 Bryan 107 Bulloch 81, 82 Burke 82, 83 Butts 73, 78 Calhoun 130,131,140 Camden 152 Candler 107 Carroll 66 Catoosa 2, 3 Charlton 151 Chatham 122-129 Chattahoochee 110, 111 Chattooga 5 Cherokee 8 Clarke 62, 63, 64 Clay 130 Clayton 72 Clinch 150 Cobb 19, 20, 21 Coffee 137, 152 Colquitt 144, 145 Columbia 77 Cook 146 Coweta 67, 68, 71 Crawford 98 Crisp 135, 136 Dade 1, 5 Dawson 8 Decatur 141 DeKalb 44-58 Dodge 118 Dooly 135 Dougherty 131-134 Douglas 65, 66 Early 140 Echols 147 Effingham 129 Elbert 13 Emanuel 106, 107 Evans 107 Fannin 4 Fayette 71, 72 Floyd 14, 15, 16 Forsyth 9 Franklin 13 Fulton 22-43 Gilmer 4 Glascock 105 Glynn 153, 154 Gordon 7 Grady 141, 142 Greene 13, 112 Gwinnett 59, 60, 61 Habersham 11 Hall 9 Hancock 112 Haralson 18 Harris 91 Hart 13 Heard 66, 68 Henry 73 Houston 113,114,115 Irwin 137 Jackson 12 Jasper 80, 112 Jeff Davis 138 Jefferson 83, 84 Jenkins 106 Johnson 105, 106 Jones 80 Lamar 78 Lanier 149 Laurens 118, 119 Lee 133 Liberty 139 Lincoln 76 Long 121, 139 Lowndes 147,148,149 Lumpkin 4 Macon 98, 115 Madison 13 Marion 110 McDuffie 77, 84 McIntosh 139 Meriwether 70 Miller 140 Mitchell 144 Monroe 80 Montgomery 120 Morgan 75, 112 Murray 3 Muscogee 91-97 Newton 74 Oconee 13, 64 Oglethorpe 13 Paulding 18, 19, 21 Peach 98, 113 Pickens 8 Pierce 138, 152 Pike 78, 79 Polk 16, 17 Pulaski 117 Putnam 109 Quitman 111 Rabun 4 Randolph 130 Richmond 84-90 Rockdale 57 Schley 115 Screven 81, 82 Seminole 140, 141 Spalding 71 Stephens 10 Stewart 111 Sumter 111, 116 Talbot 70 Taliaferro 76 Tattnall 107, 121 Taylor 110 Telfair 118, 138 Terrell 130 Thomas 142, 143 Tift 146 Toombs 120, 121 Towns 4 Treutlen 120 Troup 68, 69 Turner 136, 137 Twiggs 103 Union 4 Upson 79 Walker 1, 5, 6 Walton 75 Ware 150, 151 Warren 76 Washington 105 Wayne 138 Webster 111 Wheeler 120 White 4, 11 Whitfield 3, 6 Wilcox 117 Wilkes 76 Wilkinson 108 Worth 136

Page 5021

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES FOR THE TERM 1974-1975 Name District Post Office Adams, G. D. 36 1977 Sylvan Rd., S.W. Atlanta 30310 Adams, John 14 7 East Creek View Drive, Rome 30161 Adams, Marvin 79 hm. 709 Greenwood Road. bus. 939 North Bethel St. Thomaston 30286 Alexander, William H. 38 Citizens Trust Bank Bldg., Atlanta 30303 Bailey, Frank I., Jr. 72-Post 2 6524 Hayes Dr., Riverdale 30274 Banks, Patrick (Pat) 104 909 Newport Rd. Macon 31204 Bargeron, Emory E. 83 P.O. Box 447 Louisville 30434 Battle, Joe 124 2308 Ranchland Drive, Savannah 31404 Baugh, Wilbur E. 108 Box 926, Gordon Rd., Milledgeville 31061 Beck, James M. 148 2427 Westwood Drive Valdosta 31601 Beckham, Bob 89 P.O. Box 1533 Augusta 30903 Berry, C. Ed 94 2516 Harding Dr. Columbus 31906 Blackshear, Jesse 123 P.O. Box 9182 Savannah 31401 Bolster, Paul 30 1043 Ormewood Ave., S.E., Atlanta 30316 Bowman, James A. 103 Box 169 Jeffersonville 31044 Bray, Claude A., Jr. 70 Bray Building 20 Main Street Manchester 31816 Brown, Ben 34 250 Mathewson Place, S.W., Atlanta 30314 Buck, Thomas B., III 95 P.O. Box 196 Columbus 31902 Burruss, A. L. (Al) 21-Post 2 383 Kennesaw Ave., Marietta 30060 Burton, Joe 47 2598 Woodwardia Road, N.E. Atlanta 30345 Calhoun, Anne C. 88 2337 Kings Way Augusta 30904 Carlisle, John R. 71-Post 1 P.O. Box 551 Griffin 30223 Carnes, Charles L. 43-Post 1 6650 Powers Ferry Rd., N.W., Atlanta 30339 Carr, Tom C. 105 313 North Smith Street Sandersville 31082 Carrell, Bobby 75 RFD 2 Monroe 30655 Carter, Jack Wilkes 146-Post 2 P.O. Box 381 Adel 31620 Castleberry, Don 111 P.O. Box 377 Richland 31825 Chance, George 129 P.O. Box 373 Springfield 31329 Childers, E. M. (Buddy) 15 15 Kirkwood St. Rome 30161 Childs, Mrs. Mobley (Peggy) 51 520 Westchester Drive Decatur 30030 Clark, Betty J. 55 2139 Flat Shoals Road, S.E., Apt. 3, Atlanta 30316 Clark, Louie M. 13-Post 1 Route 2 Danielville 30633 Clifton, A. D. 107 Route 2 Metter 30439 Cole, Jack 6-Post 1 P.O. Box 626 Dalton 30720 Coleman, Terry L. 118 1201 Fourth Ave. Eastman 31023 Collins, Marcus 144 Route 1 Pelham 31779 Colwell, Carlton 4-Post 1 P.O. Box 6 Blairsville 30512 Connell, Jack 87 P.O. Box 308 Augusta 30903 Cooper, Bill 19-Post 3 3286 Powder Springs Road, S.W. Marietta 30060 Cox, Walter E. 141 202 West Street Bainbridge 31717 Crawford, John 5 Route 1 Lyerly 30730 Culpepper, Bryant 98 P.O. Box 471 Fort Valley 31030 Daugherty, J. C. 33 202 Daugherty Bldg. 15 Chestnut St., S.W. Atlanta 30314 Davis, Walt 56-Post 1 3782 Snapfinger Road Lithonia 30058 Dean, Douglas C. 29 356 Arthur St., S.W. Atlanta 30310 Dent, R. A. 85 2043 Rosalie St. Augusta 30901 Dixon, Harry D. 151 1303 Coral Rd. Waycross 31501 Dover, William J. (Bill) 11 Timbrook Hollywood 30524 Edwards, C. W. Chuck 20-Post 1 2799 Delk Rd., S.E. Marietta 30062 Edwards, Ward 110 P.O. Box 146 Butler 31006 Egan, Michael J. 25 3100 First Ntl. Bank Tower, Atlanta 30303 Elliott, Ewell H., Jr., (Hank) 49 Harvey, Willard Elliott, The Executive Bldg., Decatur 30030 Evans, Billy L. 99 1844 Flintwood Drive, Macon 31201 Evans, Warren D. 84 P.O. Box 670 Thomson 30824 Felton, Mrs. Dorothy 22 465 Tanacrest Drive, N.E., Atlanta 30328 Foster, Paul W. 152-Post 1 P.O. Box 679 Blackshear 31516 Foster, R. L. 6-Post 2 4899 Tibbs Bridge Rd., S.E., Dalton 30720 Fraser, Donald H. 139 P.O. Box 472 Hinesville 31313 Gammage, Lynn 17 P.O. Box 718 106 N. College St. Cedartown 30125 Gignilliat, Arthur 122 P.O. Box 968 Savannah 31402 Glanton, Tom 66-Post 2 539 North White Street Carrollton 30117 Glover, Mildred 32 672 Beckwith St., S.W. Atlanta 30314 Greer, John W. 43-Post 3 802 Healey Building, Atlanta 30303 Ham, Benson 80 P.O. Box 677 Forsyth 31029 Hamilton, Mrs. Grace T. 31 582 University Place, N.W., Atlanta 30314 Harden, Eston A. 154 114 Cater St., St. Simons Island 31522 Harris, B. B., Sr. 60 Highway 120 Duluth 30136 Harris, J. G. (Sonny) 138-Post 2 Route 1, Box 32, Screven 31560 Harris, Joe Frank 8-Post 1 1 Valley Dr., Cartersville 30120 Harrison, Carl 20-Post 2 P.O. Box 1374 Marietta 30060 Hatcher, Charles 131 P.O. Box 750, Albany 31702 Hawkins, John 50 1211 Kingsley Circle, N.E., Atlanta 30324 Hays, Forest, Jr. 1-Post 2 St. Elmo, Rte. 3, Chattanooga, Tenn. 37409 Hill, Bobby L. 127 208 East 34th St. Savannah 31401 Hill, Guy F. 41 1074 Boatrock Road, S.W., Atlanta 30331 Holmes, Robert A. Bob 39 2421 Poole Rd., S.W., Atlanta 30311 Horton, Gerald T. 43-Post 2 1230 The Healey Bldg., Atlanta 30303 Howard G. Robert 19-Post 2 723 Iroquois Dr., Marietta 30060 Howell, Mobley 140 P.O. Box 348 800 Lakewood Dr., Blakely 31723 Hudson, Ted 137 301 Glynn Ave., Fitzgerald 31750 Hutchinson, R. S. Dick 133 915 Sixth Ave., Albany 31705 Irvin, Jack 10 Route 1, Baldwin 30511 Irvin, Robert A. 23 P.O. Box 325, Roswell 30075 Irwin, John R. 130 Dawson 31742 Jackson, Jerry D. 9-Post 3 P.O. Box 7275, Chestnut Mountain 30502 Jessup, Ben 117 101 Cherry St., Cochran 31014 Johnson, Roger 8-Post 3 P.O. Box 1034, Canton 30114 Johnson, Rudolph 72-Post 4 6126 Navaho Trail, Morrow 30260 Jones, Herbert, Jr. 126 413 Arlington Road, Savannah 31406 Jordan, Hugh 58 1284 Park Blvd., Stone Mountain 30083 Karrh, Randolph C. 106 P.O. Drawer K Swainsboro 30401 Keyton, James W. 143 137 Woodland Drive, Thomasville 31792 Kilgore, Thomas Mac 65 1992 Tara Circle Douglasville 30134 King, Jack A. 96 3110 Hooper Ave., Columbus 31907 Knight, Nathan G. 67 P.O. Box 1175 Newnan 30263 Kreeger, George H. 21-Post 1 3500 Lee Street, Smyrna 30080 Lambert, E. Roy 112 126 Washington St., Madison 30650 Lane, Dick 40 2704 Humphries St., East Point 30344 Lane, W. Jones 81 P.O. Box 484, Statesboro 30458 Larsen, George K. 27 48 Glenald Way, N.W., Atlanta 30327 Larsen, W. W., Jr. 119 P.O. Box 2002 Dublin 31021 Lee, Wm. J. Bill 72-Post 1 5325 Hillside Dr., Forest Park 30050 Leggett, Gene (D) 153 2219 Tara Lane Brunswick 31520 Leonard, Gerald H. 3 123 Murray Plaza, Chatsworth 30705 Linder, John 44 5039 Winding Branch Drive Dunwoody 30338 Logan, Hugh 62 1323 Prince Ave. Athens 30601 Long, Bobby 142 6th Street, N.W. Cairo 31728 Lucas, David E. 102 950 Barney A. Smith Motors, Gray Hwy., Macon 31201 Mann, Charles C. 13-Post 3 238 Elbert St., Elberton 30635 Marcus, Sidney J. 26 845 Canterbury Road, N.E., Atlanta 30324 Matthews, Chappelle 63 306 Southern Mutual Bldg., Athens 30601 Matthews, Dorsey R. 145 Moultrie 31768 Miles, Bernard F. 86 2934 Peach Orchard Rd., Augusta 30906 Milford, Billy 13-Post 2 Route 3, Hartwell 30643 Mostiler, John L. 71-Post 2 1102 Skyline Dr., Griffin 30223 Mullinax, Edwin G. (Ed) 69 P.O. Drawer 1429, LaGrange 30240 Murphy, Thomas B. 18 P.O. Box 163, Bremen 30110 McCollum, T. Hayward 134 701 Cordele Rd., Albany 31705 McDonald, Laurens, (Bubba) Jr. 12 506 Belmont St., Commerce 30529 McKinney, J. E. (Billy) 35 765 Shorter Terrace, N.W., Atlanta 30318 Nessmith, Paul E., Sr. 82 Route 4, Statesboro 30458 Nix, Ken 20-Post 3 3878 Manson Ave., Smyrna 30080 Noble, Bill 48 1523 Oakgrove Rd., Decatur 30033 Owens, Ray D. 77 Route 1, Appling 30802 Oxford, Oliver 116 317 West College St., Americus 31709 Parham, Bobby Eugene 109 P.O. Box 606, Milledgeville 31061 Parkman, Ralph M. 66-Post 1 548 North White St., Carrollton 30117 Parrish, John E., Jr. (Johnny) 97 P.O. Box 6349, Columbus 31907 Patten, Grover C. 146-Post 1 P.O. Box 312, Adel 31620 Patten, Robert L. 149 Route 1, Lakeland 31635 Peters, Robert G. 2 P.O. Box 550 Ringgold 30736 Petro, George 46 3189 C, Buford Hwy., Atlanta 30329 Phillips, L. L. Pete 120 Box 166, Soperton 30457 Phillips, R. T. (Tom) 59 1703 Pounds Rd., Stone Mountain 30083 Phillips, W. Randolph 91 Shiloh 31826 Pinkston, Frank 100 850 Georgia Power Bldg., Macon 31201 Rainey, Howard H. 135 201 8th St. South, Cordele 31015 Randall, William C. Billy 101 1978 Third Ave., Macon 31201 Ray, George E. 56-Post 2 1073 S. Indian Creek Dr., Stone Mountain 30083 Reaves, Henry L. 147 Route 2, Quitman 31643 Richardson, Mrs. Eleanor L. 52 755 Park Lane, Decatur 30033 Ross, Ben Barron 76 P.O. Box 245, Lincolnton 30817 Rush, Dewey D. 121 Route 4, Box 266, Glennville 30427 Russell, John D. 64 P.O. Box 588, Winder 30680 Russell, Walter B., Jr. (Walt) 53 921 Nottingham Drive, Avondale Estate 30002 Sams, Bill 90 410 First Ntl. Bank Bldg. Augusta 30902 Scott, David 37 190 Wendell Dr., S.E., Atlanta 30315 Shanahan, Tom L. 7 P.O. Box 427, Calhoun 30701 Sheats, Sam 28 486 Decatur St. Shopping Center S.E., Atlanta 30312 Sigman, Bobby 74 Route 2, Victoria Lane Oxford 30267 Sizemore, Earleen 136 Route 3, Sylvester 31791 Smith, J. R. 78 P.O. Box G, Barnesville 30204 Smith, Virlyn B. 42 330 Rivertown Road, Fairburn 30213 Smyre, Calvin 92 P.O. Box 181, Columbus 31902 Snow, Wayne, Jr. 1-Post 1 P.O. Box 26, Rossville 30741 Stone, R. Bayne 138-Post 1 208 Hester St. Hazlehurst 31539 Sweat, Ottis, Jr. 150 Route 4, Box 10 Waycross 31501 Taggart, Tom 125 139 Whitaker St., Savannah 31401 Thomason, Boyd 8-Post 2 Route 2, Jasper 30143 Thompson, Albert W. 93 P.O. Box 587 Columbus 31902 Tolbert, Tommy 56-Post 3 1569 Austin Dr., Decatur 30032 Toles, E. B. 16 1114 Park Blvd., Rome 30161 Townsend, Kiliaen V. R. 24 208 Townsend Place, N.W., Atlanta 30327 Triplett, Tom 128 P.O. Box 9586 Savannah 31402 Tucker, Ray M. 73 P.O. Box 469, McDonough 30253 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. 113 113 Tanglewood Drive, Warner Robins 31093 Walker, Larry 115 P. O. Box 1234, Perry 31069 Wall, Vinson 61 120 McConnell Drive, Lawrenceville 30245 Ware, J. Crawford 68 P.O. Box 305, Hogansville 30230 Watson, Roy H., Jr. (Sonny) 114 200 Forest Hill Drive, Warner Robins 31093 West, Jim 72-Post 3 7856 Fielder Rd, Jonesboro 30236 Wheeler, Bobby A. 152-Post 2 Route 1, Alma 31510 White, John 132 2016 Juniper Dr. Albany 31707 Whitmire, Doug 9-Post 2 Lamplighters Cove, Off Browns Bridge Rd., Gainesville 30501 Williams, Hosea L. 54 8 East Lake Dr., N.E., Atlanta 30317 Williamson, George 45 3358 Rennes Dr., Atlanta 30319 Wilson, Joe Mack 19-Post 1 217 Northcutt St., Merietta 30060 Wood, Joe T. 9-Post 1 P.O. Box 736, Gainesville 30501

Page 5029

MEMBERS OF GEORGIA HOUSE OF REPRESENTATIVES BY DISTRICTS AND POST OFFICES FOR THE TERM 1975-76 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, Chatt, Tenn. 37409 2 Robert G. Peters P.O. Box 550, Ringgold 30736 3 Gerald H. Leonard 123 Murray Plaza, Chatsworth 30705 4-Post 1 Carlton Colwell P.O. Box 6, Blairsville 30512 4-Post 2 Ralph Twiggs P.O. Box 432, Hiawassee 30546 5 John Crawford Route 1, Lyerly 30730 6-Post 1 Jack Cole P.O. Box 626, Dalton 30720 6-Post 2 R. L. Foster 4899 Tibbs Bridge Rd., S.E., 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 Route 2, Jasper 30143 8-Post 3 Roger Johnson P.O. Box 1034, Canton 30114 9-Post 1 Joe T. Wood P.O. Box 736, Gainesville 30501 9-Post 2 Doug Whitmire Lamplighters Cove off Browns Bridge Rd., Gainesville 30501 9-Post 3 Jerry D. Jackson P.O. Box 7275 Chestnut Mtn. 30502 10 Jack Irvin Route 1, Baldwin 30511 11 William J. (Bill) Dover Timbrook, Hollywood 30524 12 Lauren (Bubba) McDonald, Jr. 506 Belmont Street, Commerce 30529 13-Post 1 Louie M. Clark RFD #2, Danielsville 30633 13-Post 2 Billy Milford Route 3, Hartwell 30643 13-Post 3 Charles C. Mann 238 Elbert Street Elberton 30635 14 John Adams 7 East Creekview Dr., Rome 30161 15 E. M. (Buddy) Childers 15 Kirkwood Street, Rome, 30161 16 E. B. Toles 1114 Park Boulevard, Rome 30161 17 Lynn Gammage 106 North College St., P.O. Box 718, Cedartown 30125 18 Thomas B. Murphy P.O. Box 163 Bremen 30110 19-Post 1 Joe Mack Wilson 217 Northcutt Street, Marietta 30060 19-Post 2 G. Robert Howard 723 Iroquois Drive, Marietta 30060 19-Post 3 Bill Cooper 3286 Powder Spring Rd., S.W., Marietta 30060 20-Post 1 C. W. Chuck Edwards 2799 Delk Road, S.E., Marietta 30062 20-Post 2 Carl Harrison P.O. Box 1374, Marietta 30060 20-Post 3 Ken Nix 3878 Manson Avenue, Smyrna 30080 21-Post 1 George H. Kreeger 3500 Lee Street Smyrna 30080 21-Post 2 A. L. (A1) Burruss 383 Kennesaw Avenue, Marietta 30060 22 Mrs. Dorothy Felton 465 Tanacrest Drive, N.E., Atlanta 30328 23 Robert A. Irvin Box 325, Roswell 30075 24 Kiliaen V. R. Townsend 208 Townsend Place, N.W., Atlanta 30327 25 Michael J. Egan 3100 First National Bank Tower, Atlanta 30303 26 Sidney J. Marcus 845 Canterbury Road, N.E., Atlanta 30324 27 George K. Larsen 48 Glenald Way, N.W., Atlanta 30327 28 Sam Sheats 486 Decatur Street, Shopping Center, S.E., Atlanta 30312 29 Douglas C. Dean 356 Arthur St., S.W. Atlanta 30310 30 Paul Bolster 1043 Ormewood Ave., S.E., Atlanta 30316 31 Mrs. Grace T. Hamilton 582 University Place, N.W., Atlanta 30314 32 Mildred Glover 672 Beckwith St., S.W., Atlanta 30314 33 J. C. Daugherty 202 Daugherty Building-15, Chestnut St., S.W. Atlanta 30314 34 Ben Brown 250 Mathewson Place, S.W. Atlanta 30314 35 J. E. (Billy) McKinney 765 Shorter Ter., N.W., Atlanta 30318 36 G. D. Adams 1977 Sylvan Rd., S.W., Atlanta 30310 37 David Scott 190 Wendell Dr., S.E., Atlanta 30315 38 William H. Alexander Citizens Trust Bank Building, Atlanta 30303 39 Robert A. (Bob) Holmes 2421 Poole Road, S.W., Atlanta 30311 40 Dick Lane 2704 Humphries Street, East Point 30344 41 Guy F. Hill 1074 Boatrock Road, S.W., Atlanta 30331 42 Virlyn B. Smith 330 Rivertown Road, Fairburn 30213 43-Post 1 Charles L. Carnes 6650 Powers Ferry Road, N.W., Atlanta 30339 43-Post 2 Gerald T. Horton 1230 The Healey Bldg., Atlanta 30303 43-Post 3 John W. Greer 802 Healey Building, Atlanta 30303 44 John Linder 5039 Winding Branch Drive, Dunwoody 30338 45 George Williamson 3358 Rennes Drive, Atlanta 30319 46 George Petro 3189 C Buford Highway, 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. The Executive Bldg., Decatur 30030 50 John Hawkins 1211 Kingsley Circle, N.E., Atlanta 30324 51 Mrs. Mobley (Peggy) Childs 520 Westchester Drive, Decatur 30030 52 Mrs. Eleanor L. Richardson 755 Park Lane Decatur 30033 53 Walter B. (Walt) Russell, Jr. 921 Nottingham Drive, Avondale Estates 30002 54 Rev. Hosea L. Williams 8 East Lake Drive, N.E., Atlanta 30317 55 Betty J. Clark 2139 Flat Shoals Rd., S.E., Apt. 3, Atlanta 30316 56-Post 1 Walt Davis 3782 Snapfinger Road Lithonia 30058 56-Post 2 George E. Ray 1073 South Indian Creek Drive, Stone Mountain 30083 56-Post 3 Tommy Tolbert 1569 Austin Drive, Decatur 30032 57 Clarence R. Vaughn Jr. P.O. Box 410, Conyers 30207 58 Hugh Jordan 1284 Park Boulevard, Stone Mountain 30083 59 R. T. (Tom) Phillips 1703 Pounds Road, Stone Mountain 30083 60 B. B. Harris, Sr. Highway 120, Duluth 30136 61 Vinson Wall 120 McConnell Drive, Lawrenceville 30245 62 Hugh Logan 1328 Prince Avenue, Athens 30601 63 Chappelle Matthews 306 Southern Mutual Building, Athens 30601 64 John D. Russell P.O. Box 588, Winder 30680 65 Thomas Mac Kilgore 1992 Tara Circle, Douglasville 30134 66-Post 1 Ralph M. Parkman 548 North White St., Carrollton 30117 66-Post 2 Tom Glanton 539 North White St., Carrollton 30117 67 Nathan G. Knight P.O. Box 1175, Newnan 30263 68 J. Crawford Ware P.O. Box 305, Hogansville 30230 69 Edwin G. (Ed) Mullinax P.O. Drawer 1429, LaGrange 30240 70 Claude A. Bray, Jr. Bray Building - 20 Main Street, Manchester 31816 71-Post 1 John R. Carlisle P.O. Box 551, Griffin 30223 71-Post 2 John L. Mostiler 1102 Skyline Drive, Griffin 30223 72-Post 1 Wm. J. Bill Lee 5325 Hillside Drive, Forest Park 30050 72-Post 2 Frank I. Bailey, Jr. 6524 Hayes Drive, Riverdale 30274 72-Post 3 Jim West 7856 Fielder Road, Jonesboro 30236 72-Post 4 Rudolph Johnson 6126 Navaho Trail Morrow 30260 73 Ray M. Tucker P.O. Box 469 McDonough 30253 74 Bobby Sigman Route 2- Victoria Lane, Oxford 30267 75 Bobby Carrell RFD 2, Monroe 30655 76 Ben Barron Ross P.O. Box 245, Lincolnton 30817 77 Ray D. Owens Route 1, Appling 30802 78 J. R. Smith P.O. Box G, Barnesville 30204 79 Marvin Adams Business 939 N. Bethel St., Home 709 Greenwood Road, Thomaston 30286 80 Benson Ham P.O. Box 677 Forsyth 31029 81 W. Jones Lane P.O. Box 484 Statesboro 30458 82 Paul E. Nessmith, Sr. Route 4, Statesboro 30458 83 Emory E. Bargeron P.O. Box 447, Louisville 30434 84 Warren D. Evans P.O. Box 670, Thomson 30824 85 R. A. Dent 2043 Rosalie Street, Augusta 30901 86 Bernard F. Miles 2934 Peach Orchard Road, Augusta 30906 87 Jack Connell P.O. Box 308, Augusta 30903 88 Anne C. Calhoun 2337 Kings Way, Augusta 30904 89 Bob Beckham P.O. Box 1533 Augusta 30903 90 Bill Sams 410 First Natl. Bank Building, Augusta 30902 91 W. Randolph Phillips Shiloh 31826 92 Calvin Smyre P.O. Box 181, Columbus 31902 93 Albert W. Thompson P.O. Box 587, Columbus 31902 94 C. Ed Berry 2516 Harding Drive, Columbus 31906 95 Thomas B. Buck, III Post Office Box 196, Columbus 31902 96 Jack A. King 3110 Hooper Avenue Columbus 31907 97 John E. (Johnny) Parrish, Jr. P.O. Box 6349 Columbus 31907 98 Bryant Culpepper P.O. Box 471, Fort Valley 31030 99 Billy L. Evans 1844 Flintwood Drive, Macon 31201 100 Frank Pinkston 850 Georgia Power Building, Macon 31201 101 William C. Billy Randall 1978 Third Avenue, Macon 31201 102 David E. Lucas 950 Barney A. Smith Motors Gray Hwy., Macon 31201 103 James A. Bowman Box 169, Jeffersonville 31044 104 Patrick (Pat) Banks 909 Newport Road Macon 31204 105 Tom C. Carr 313 North Smith Street, Sandersville 31082 106 Randolph C. Karrh P. O. Drawer K, Swainsboro 30401 107 A. D. Clifton Route 2, Metter 30439 108 Wilbur E. Baugh Box 926Gordon Road, Milledgeville 31061 109 Bobby Eugene Parham P.O. Box 606, Milledgeville 31061 110 Ward Edwards P.O. Box 146, Butler 31006 111 Don Castleberry P.O. Box 377, Richland 31825 112 E. Roy Lambert 126 Washington Street Madison 30650 113 Ted W. Waddle 113 Tanglewood Drive, Warner Robins 31093 114 Roy H. (Sonny) Watson, Jr. 200 Forest Hill Drive, Warner Robins 31093 115 Larry Walker P.O. Box 1234, Perry 31069 116 Oliver Oxford 317 West College Street, Americus 31709 117 Ben Jessup 101 Cherry Street, Cochran 31014 118 Terry L. Coleman 1201 4th Avenue, Eastman 31023 119 W. W. (Wash) Larsen, Jr. P.O. Box 2002 Dublin 31021 120 L. L. Pete Phillips Box 166, Soperton 30457 121 Dewey D. Rush Route 4-Box 266, Glennville 30427 122 Arthur Gignilliat Post Office Box 968, Savannah 31402 123 Jesse Blackshear P.O. Box 9182, Savannah 31401 124 Joe Battle 2308 Ranchland Drive, Savannah 31404 125 Tom Taggart 139 Whitaker Street, Savannah 31401 126 Herbert Jones, Jr. 413 Arlington Road, Savannah 31406 127 Bobby L. Hill 208 East 34th Street, Savannah 31401 128 Tom Triplett P.O. Box 9586, Savannah 31402 129 George Chance P.O. Box 373, Springfield 31329 130 John R. Irwin Dawson 31742 131 Charles Hatcher P.O. Box 750, Albany 31702 132 John White 2016 Juniper Drive, Albany 31707 133 R. S. Dick Hutchinson 915 6th Avenue, Albany 31705 134 T. Hayward McCollum 701 Cordele Road, Albany 31705 135 Howard H. Rainey 201 8th Street South, Cordele 31015 136 Earleen Sizemore Route 3, Sylvester 31791 137 Ted Hudson 301 Glynn Avenue, Fitzgerald 31750 138-Post 1 R. Bayne Stone 208 Hester Street, Hazlehurst 31539 138-Post 2 J. G. (Sonny) Harris Hm. Route 1-Box 32, Screven 31560 Off. P.O. Box 769 Jesup 31545 139 Donald H. Fraser P.O. Box 472, Hinesville 31313 140 Mobley Howell 800 Lakewood Drive, P.O. Box 348, Blakely 31723 141 Walter E. Cox Off. 202 West Street, Bainbridge 31717 Hm. 1109 Pine Street, Bainbridge 31717 142 Bobby Long 6th Street, N.W., Cairo 31728 143 James W. Keyton 137 Woodland Drive, Thomasville 31792 144 Marcus Collins Route 1, Pelham 31779 145 Dorsey R. Matthews Moultrie 31768 146-Post 1 Grover C. Patten P.O. Box 312, Adel 31620 146-Post 2 Jack Wilkes Carter P.O. Box 381 Adel 31620 147 Henry L. Reaves Route 2, Quitman 31643 148 James M. Beck 2427 Westwood Drive, Valdosta 31601 149 Robert L. Patten Route 1, Lakeland 31635 150 Ottis Sweat, Jr. Route 4-Box 10, Waycross 31501 151 Harry D. Dixon 1303 Coral Road, Waycross 31501 152-Post 1 Paul W. Foster P.O. Box 679, Blackshear 31516 152-Post 2 Bobby A. Wheeler Route 1, Alma 31510 153 Gene Leggett 2219 Tara Lane, Brunswick 31520 154 Eston A. Harden 114 Cater Street, St. Simons Island 31522

Page 5038

STATUS OF REFERENDUM ELECTIONS FOR THE YEARS 1953 THROUGH 1974 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 1 62 1973 21 1 2 18 1974 25 1 1 23 TOTALS 772 41 39 692

Page 5039

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 For 4445 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

Page 5040

Georgia Laws 1953, November-December session: County Page No. SUBJECT Date of Election Result Burke 2049 County Commissioners 9- 8-54 For1833 Agn648 Cherokee 2668 Certain County Officerscompensation 11- 2-54 For913 Agn674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12- 9-53 For64 Agn229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2- 6-54 For1406 Agn603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For200 Agn527 DeKalb 2578 City of Decatur 10-21-54 For466 Agn827 Early 2282 City of Blakely 4-19-54 For45 Agn82 Elbert 2987 City of Elberton 3-23-54 For958 Agn248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 Agn164 McDuffie 2584 City of Thomson 3-12-54 For253 Agn290 Miller 2814 City Court of Miller County Election Results Not Known Richmond 2610 City of Augusta Election Results Not Known Richmond 2476 City of Augusta 11-17-54 For259 Agn189 Sumter 2972 City of Americus 1-12-54 For382 Agn431 Troup 2858 City of West Point 1-27-54 City vote: For140; Agn6 Outside city vote: For64; Agn53 Twiggs 2570 County Commissioners 11- 2-54 For161 Agn626

Page 5041

Georgia Laws, 1955: County Page No. SUBJECT Date of Election Result Baldwin 2830 County Commissioners 4-20-55 For1079 Agn716 Clarke 3057 City of Athens/Clarke Countyschool systems 5- 4-55 For1124 Agn564 Clayton 2781 City of Morrow 4-16-55 For75 Agn30 Clayton Fulton 2884 City of College Park 5-14-55 For46 Agn13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3- 7-56 For4471 Agn522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For25 Agn89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn826 Houston 2093 City of Warner Robins 4- 5-55 For234 Agn547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For337 Agn109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For610 Agn877 Tift 2344 City of Tifton 4-27-55 For764 Agn270 Wayne 2858 City of Jesup 4-27-55 For383 Agn206

Page 5043

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 For107 (1 of 2) Agn58 Baldwin 2865 City of Milledgeville 10-15-56 For463 (1 of 2) Agn243 Baldwin 3003 City of Milledgeville 7-18-56 For12 Agn51 Banks 2056 Sheriffcompensation 3-14-56 For1054 Agn1378 Barrow 3100 City of Winder 5-4-56 For13 Agn103 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 (1 of 2) Not Known Clayton 2040 City of Forest Park Election Results (1 of 2) Not Known Clayton 2518 City of Mountain View 3-24-56 For341 Agn44 Clayton Fulton 2744 City of College Park 4-28-56 For28 Agn22 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: For99; Agn57 [UNK] Area 2-Colonial Heights Area: For145; Agn83 [UNK] Area 3-Crestwood Gardens Area: For27; Agn87 [UNK] Area vote: Area 4-East Moultrie Area: For41; Agn147 [UNK] Area 5-Tifton Highway Area: For29; Agn107 [UNK] Area 6-Sylvester Drive Area: For78; Agn144 [UNK] 2932 DeKalb City Court of Decatur 5-16-56 For12,520 3237 Agn5,846 DeKalb Multiple commission form of government 5-16-56 For18,393 (1 of 2) 3237 Agn2,001 DeKalb Commission Chairman 5-16-56 For:(a)4,743 (1 of 2) 2022 For:(b)15,300 Fayette Tax Commissioner 2-25-56 For292 3507 Agn37 Glascock Sheriffcompensation 3-14-56 For498 2502 Agn227 Gwinnett Tax Commissioner 11-6-56 For3,383 3166 Agn1,641 Hall City of Lula 3-27-56 Belton vote: For64; Agn2 Lula vote: For35; Agn3

Page 5045

Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Houston 2510 City of Warner Robins 5-8-56 For215 Agn30 Jackson 2887 City Court of Jefferson 9-12-56 For972 Agn1556 Laurens 3267 City of Dublin Not held Miller 2799 Voting machines 9-12-56 For231 Agn580 Murray 3476 City of Chatsworth 8-25-56 For77 Agn109 Muscogee 2386 City of Columbus 9-12-56 City vote: For6179; Agn2356 Outside city vote: For516; Agn2070 Newton 2507 City of Covington 5-1-56 For109 Agn90 Richmond 2406 City of Augusta 4-18-56 For7769 Agn3734 Spalding 2412 City of Griffin 4-17-56 City vote: For948; Agn595 Affected area: For365; Agn400 Thomas 3159 Certain County Officerscompensation 4-24-56 For902 Agn939 Thomas 3510 Tax Commissioner 4-24-56 For876 Agn957 Troup 2827 City of Hogansville 7-18-56 City vote: For216; Agn117 Outside city vote: For41, Agn159 Troup 3078 City of Hogansville 7-18-56 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 5046

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 5048

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 For 119 Agn 483 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 For571 Agn2997 Early 2829 City of Blakely 8-12-58 For59 Agn96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2- City vote: For229; Agn15 Outside city: For39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For162 Agn282 Franklin 2644 City of Carnesville 4-22-58 For33 Agn21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn75 County vote: For203; Agn256 Hall 2279 City of Gainesville 4-1-58 For925 Agn169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn75 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: For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 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 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held

Page 5052

Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White (Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45 Bartow 2920 City of Kingston 5-16-59 For49 Agn2 Catoosa 2161 County Commissioners 3-28-59 For718 Agn2430 Chattooga 2809 City of Summerville 5-23-59 For160 Agn462 Cherokee 2494 Certain County Officerscompensation 4-4-59 For1522 Agn509 Clayton Fulton 2499 City of College Park 5-18-59 For14 Agn38 Clayton Fulton 2508 City of College Park 5-18-59 For0 Agn0 Clayton Fulton 2516 City of College Park 5-18-59 For5 Agn0 Clayton Fulton 2521 City of College Park 5-18-59 For3 Agn0 Cobb Douglas 3142 City of AustellParcel #2 8-18-59 For7 Agn8 Cobb Douglas 3142 City of AustellParcel #3 8-4-59 For2 Agn11 Cobb Douglas 3142 City of AustellParcel #1 8-25-59 For5 Agn49 Cobb Douglas 3142 City of AustellParcel #4 8-11-59 For14 Agn15 Colquitt 2396 City of Norman Park 5-25-59 For50 Agn81 Dougherty 2091 County Commissioners 4-12-60 For755 Agn417 Dougherty 3064 City of Albany 6-8-59 For1413 Agn710 Douglas 2871 City of Lithia Springs 4-8-59 For241 Agn569 Elbert 2627 County Commissioners 4-8-59 For804 Agn436 Elbert 2621 Tax Commissioner 4-8-59 For1041 Agn203 Elbert 2624 Certain County Officerscompensation 4-8-59 For1014 Agn228 Emanuel 2592 City of Twin City 5-4-59 For200 Agn162 Gwinnett 3161 City of Dacula 5-9-59 For82 Agn45 Habersham 2178 City of Cornelia 4-13-59 For102 Agn91 McDuffie 2568 Certain County Officerscompensation 6-30-59 For502 Agn75 Meriwether Talbot 2534 City of Manchester 4-1-59 For109 Agn30 Newton 2780 City of Oxford 5-1-59 For30 Agn36 Polk 2171 City of Cedartown 5-19-59 City vote: For387; Agn75 County vote: For86; Agn291 Polk 2732 Certain County Officerscompensation 3-16-60 For4388 Agn1624 Toombs 2010 County Commissioners 4-8-59 For1510 Agn827 Turner 2575 County Commissioners Not Held Union 2053 County Commissioners 3-17-59 For810 Agn1629

Page 5055

Georgia Laws, 1960: County Page No. SUBJECT Date of Election Result Banks 3035 County Commissioners 9-14-60 For1197 Agn767 Berrien 3301 City of Nashville 11-8-60 For466 Agn418 Bibb 3223 Macon-Bibb County 6-1-60 City vote: For4598; Agn4288 Outside City vote: For1902; Agn7368 Payne City vote: For37; Agn55 Chatham 2273 Town of Thunderbolt 1-17-61 For151 Agn283 Chattooga 2715 Town of Trion 5-5-60 For53 Agn25 Clarke 2234 City of Athens 4-13-60 For276 Agn522 Cobb 2127 City of Smyrna Election Results not known Coweta 3020 City of Newnan 4-30-60 For320 Agn146 Douglas Cobb 2118 City of Austell 3-26-60 For27 Agn38 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 For 131 Agn 193 Liberty 2237 County Commissioners 3-30-60 For1096 Agn 573 Lowndes 3125 City of Valdosta 4-15-60 For 87 Agn 656 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; Agn 1 Morgan 2518 Certain County Officerscompensation 3-15-60 For1894 Agn 332 Murray 3180 City of Spring Place Not Held Polk 2111 City of Cedartown 3-22-60 For 74 Agn 50 Pulaski 2991 Clerk Superior Court 9-14-60 For 798 Agn 962 Pulaski 2995 Tax Collector 9-14-60 For 803 Agn 952 Pulaski 2998 Ordinary 9-14-60 For 805 Agn 949 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 5059

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For514 Agn292 Bartow 2782 City of Cartersville 6-10-61 For6 Agn44 Bartow 3382 City of Cartersville 6-10-61 For29 Agn20 Bartow 3469 City of Cartersville 6-10-61 For205 Agn159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn445 Outside City vote: For12,269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For267 Agn764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For886; Agn759 Zone No. 2: For123; Agn277 Chatham 3072 Civil Service System 4-20-61 For137 Agn144 Chattooga 2658 City of Summerville 5-27-61 For338 Agn241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 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 Agn463 Meriwether 2760 City of Manchester 5-3-61 For614 Agn322 Meriwether 3058 Board of County Commissioners 5-31-61 For860 Agn320 Meriwether 3223 County Treasurer 5-31-61 For680 Agn493 Meriwether 3416 Tax Commissionercompensation 5-31-61 For940 Agn243 Meriwether 3456 Certain County Officerscompensation 5-31-61 For938 Agn254 Monroe 2994 City of Forsyth 10-4-61 For668 Agn245 Murray 3403 City of Spring Place 6-24-61 For24 Agn19 Pike 2704 City of Zebulon 5-6-61 For52 Agn1 Polk 2931 City of Rockmart 12-2-61 See below * * Result: City of 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 For331 Agn954 Troup 2650 City of West Point 4-26-61 For143 Agn224

Page 5062

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 For548 Agn184 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 For577 Agn543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11-6-62 For281 Agn313 Washington 3038 City of Tennille 5-2-62 In proposed area: For13; Agn44 In City Tennille: For139; Agn58 Wayne 3110 Board of County Commissioners 11-6-62 For664 Agn449 Wilkinson 2847 Town of McIntyre 4-7-62 For70 Agn21

Page 5065

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For581 Agn343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For142 Agn346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For714 Agn1172 Berrien 2627 Town of Enigma 6-4-63 For15 Agn0 Bleckley 2382 Tax Commissioner 6-5-63 For209 Agn436 Cherokee 2016 City of Canton 5-1-63 For45 Agn29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County 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 5068

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

Page 5069

Georgia Laws 1964, January-February session: County Page No. SUBJECT Date of Election Result 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 5071

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 5072

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

Page 5073

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result 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 For 0 Madison 3068 Certain County Officerscompensation 6-16-65 Eff. 1-1-66 For1384 Eff. 1-1-67 For 422 McDuffie 2480 Coronercompensation 5-12-65 For 105 Agn 58 Putnam 2862 County Commissionerscompensation 6-16-65 For 183 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 For 943 Agn 361

Page 5074

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

Page 5076

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 Agn9 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 5079

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For591 Agn216 Bacon 3542 Tax Commissioner 6-11-68 For400 Agn321 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 Agn7,193 Bleckley 2278 City of Cochran 6-19-68 For351 Agn781 Candler 2446 County Board of Education 5-7-68 For296 Agn467 Carroll 2256 County School Superintendent 4-24-68 For250 Agn1,341 Carroll 2841 County Board of Education 4-24-68 For547 Agn1,087 Charlton 2342 City of Folkston 9-11-68 For118 Agn145 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 For4 Agn20 Cherokee 3751 Cherokee County School System 11-5-68 For2,042 Agn1,755 Coffee 2177 County Board of Education 4-24-68 For546 Agn1,101 Coffee 2181 County Commissioners 4-24-68 For508 Agn1,100 Colquitt 2130 City of Moultrie 4-23-68 For540 Agn715 Columbia 2708 County Board of Education 9-11-68 For2,048 Agn320 Decatur 2565 County Board of Education 5-1-68 For971 Agn1,104 Decatur 2756 City of Bainbridge 6-5-68 For292 Agn137 Douglas 2262 County School Superintendent 5-21-68 For189 Agn1,025 Douglas 3764 County Board of Education 5-21-68 For498 Agn686 Echols 3514 County Board of Education 11-5-68 For457 Agn38 Emanuel 2487 County Board of Education 4-24-68 For405 Agn633 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 For723 Agn1,212 Grady 2120 County Board of Education 5-14-68 For2,249 Agn717 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 For756 Agn1,272 Irwin 2822 Tax Commissioner 5-28-68 For191 Agn547 Jefferson 3421 County Board of Education 11-5-68 For3,029 Agn1,420 Jenkins 2960 Board of County Commissioners 6-10-68 For559 Agn179 Jenkins 2965 County Board of Education 6-10-68 For448 Agn298 Macon 2663 Tax Commissioner 5-1-68 For189 Agn261 Miller 2529 County Board of Education 5-14-68 For667 Agn345 Paulding 2381 County Board of Education 7-3-68 For233 Agn19 Pierce 2761 County Board of Education 11-5-68 For812 Agn1,377 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 5083

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 For15 Agn130 Tract No. 2 For40 Agn103 Effingham 3964 City of Guyton 6-4-69 For128 Agn179 Fannin 2637 Tax Commissioner 11-3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11-3-70 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For3 Agn2 Sec. 2Bohannon Rd. For8 Agn1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For289 Agn127 Outside city limits: For22 Agn198 Gilmer 2606 City of Ellijay 6-25-69 For139 Agn288 Hall 2346 City of Murrayville 6-11-69 For81 Agn104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For2134 Agn694 County vote: For38 Agn205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 For88 Agn171 Laurens 2270 City of Dublin 5-28-69 For121 Agn106 Lincoln 3352 County Treasurer 11-3-70 For601 Agn742 Muscogee 3356 City of Columbus 6-25-69 For15,707 Agn7,761 Muscogee 3571 Muscogee County Charter Commission 5-27-70 City of Columbus: For12,379 Agn2,778 Muscogee County: For12,508 Agn2,989 Pickens 3066 County School Superintendent 7-2-69 For52 Agn885 Putnam 2670 Sheriffcompensation 6-12-69 For282 Agn409 Putnam 3126 Tax Commissionercompensation Not Held Putnam 3130 Ordinarycompensation 6-12-69 For372 Agn328 Putnam 3594 Clerk Superior Courtcompensation 6-12-69 For283 Agn408 Putnam 3598 Board of County Commissionerscompensation 6-12-69 For218 Agn470 Putnam 3900 Coronercompensation 6-12-69 For290 Agn403 Pulaski 3915 City of Hawkinsville 10-14-69 City of Hawkinsville: For271 Agn82 Pulaski County: For35 Agn162 Spalding 3687 Small Claims Court of Spalding County 7-29-69 For795 Agn447 Seminole 2590 Small Claims Court of Seminole County 6-4-69 For221 Agn175 Stewart 2264 County Board of Education 5-14-69 For91 Agn12 Telfair 3641 County Board of Education 8-26-69 For277 Agn437 Thomas 3562 Town of Meigs Not Held Tift 2674 City of Tifton 6-25-69 City Area: For645 Agn578 Proposed Area: For433 Agn499 Toombs 3241 City of Lyons 6-25-69 For3 Agn0 Toombs 3244 City of Lyons 6-25-69 For2 Agn34 Washington 2467 City of Sandersville Elections Results Not Known Whitfield 2529 City of Cohutta 5-28-69 For84 Agn11 Walker 4014 City of Rossville 7-5-69 For118 Agn293

Page 5087

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 For 1589 Agn1228 Emanuel 2150 County School Superintendent 4- 7-70 For 383 Agn1701 Emanuel 2153 County Board of Education 4- 7-70 Proposal #11389 Proposal #2539 Proposal #3 173 Gordon 2657 County Board of Education 9- 9-70 For1798 Agn 868 Habersham 3091 City of Cornelia 5-20-70 For 166 Agn 42 Habersham 3094 City of Cornelia 5-20-70 For 121 Agn 88 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 For 520 Agn 402 Meriwether 3039 City of Woodbury 5-12-70 Inside City: For 83 Agn 60 Outside City: For 3 Agn 32 Mitchell 2239 County Board of Education 6-16-70 For482 Agn156 Mitchell 2632 County School Superintendent 6-16-70 For287 Agn 350 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 Agn 2460 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 Agn537

Page 5090

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

Page 5091

Georgia Laws 1971, January/February session: County Page No. SUBJECT Date of Election Result 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 For 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 For10,399 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

Page 5094

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8-8-72 For1,309 Agn708 Baldwin 3325 County Board of Education 11-7-72 For2,708 Agn2,010 Baldwin 3685 City of Milledgeville 6-28-72 Sec. 1, Area 1 For3 Agn10 Sec. 2, Area 2 For13 Agn65 Sec. 3, Area 3 For1 Agn50 Sec. 4, Area 4 For30 Agn78 Sect. 5, Area 6 For35 Agn155 Sec. 6, Area 7 For16 Agn20 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 For1,387 Agn921 Brantley 3144 Salary increase for county officers 8-8-72 For940 Agn1,377

Page 5095

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Brantley 3145 Salary of deputy sheriffs 8-8-72 For1,262 Agn1,059 Brantley 3147 Certain county officers compensation 8-8-72 For1,220 Agn983 Brantley 3148 Clerk Superior Court Salary 8-8-72 For841 Agn1,396 Brantley 3710 City of Nahunta 12-5-73 Election Results not known Camden 3138 Certain county officers salary 8-8-72 Demo. For701 Agn1,109 Rep. For0 Agn1 Camden 3705 Create Board of County Commissioners 8-8-72 Demo. For679 Agn1,070 Rep. For1 Agn0 Camden 3714 Compensation of Tax Commissioner 8-8-72 Demo. For654 Agn1,114 Rep. For0 Agn1 Camden 3717 County Board of Education 8-8-72 Demo. For683 Agn1,050 Rep. For1 Agn0 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 Not held * * Ga. L. 1973, p. 2268 changed date of election. 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

Page 5097

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result 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 5100

Georgia Laws 1973, January/February session: County Page No. SUBJECT Election Date of Result Appling 3569 County Board of Education-compensation 8-13-74 * * Date of State Wide Primary ElectionAugust 13, 1974. Yes: 791 No: 1033 Appling 3677 City of Baxley 9-29-73 Yes 533 No 45 Brantley 3631 City of Nahunta Election Results Not Known Chatham 2268 Savannah-Chatham County government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019 Chatham County For3,157 Agn6,666 City of Savannah For12,039 Agn 4,090 Chatham 3693 City Savannah Beach 6- 2-73 Yes 21 No 29 Clarke 2356 City of Athens 5-31-73 For1,818 Agn1,591 Clarke 2367 City of Athens 5-31-73 For2,430 Agn1,057 Clarke 2387 City of Athens 5-31-73 For 648 Agn 682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809 No1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes 412 No 52 Cook 2300 Cook County Commissioners 5-22-73 For 758 Agn 735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11- 6-73 For1,326 Agn1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes 37 No 191 Marion 3827 County School Superintendent 11- 5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p. 11- 5-74 ** See Below #

Page 5101

Georgia Laws 1973, January/February session: County Page No. SUBJECT Election Date of Result Montgomery 2550 Montgomery County Board of Education 6- 5-73 Yes 225 No 256 Pulaski 2573 Pulaski County Board of Education 5-15-73 Yes 808 No 191 Stewart 3152 City of Lumpkin 6-12-73 Yes 97 No 173 Sumter 2127 Sumter County Board of Education 4-24-73 Yes 322 No 228

Page 5102

Georgia Laws 1974, January/February session: County Page No. SUBJECT Date of Election Result Banks 3798 Create office of Tax Commissioner 8-13-74 * * Date of General Primary. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11-5-74 # # Date of General Election. Not Held Bibb 3074 Macon-Bibb County Water Sewerage Authority 5-14-74 For: 2049 Agn: 198 Brooks 3088 Change in Commissioner Districts 11-5-74 # Yes: 741 No. 567 Carroll 2791 City of Carrollton 6-11-74 Yes: 215 No. 66 Chatham 2088 City of Savannah 4-16-74 Yes: 192 No. 883 Chatham 2305 City of Savannah Beach-Tybee Island 4-1-74 Results Not Known Cherokee 2534 Board of County Commissioners 11-5-74 # Yes: 2989 No: 1995 Cobb 3516 Cobb County School District Board 11-5-74 # Yes: 18,039 No: 14,541 Fayette 2982 City of Fayetteville 11-5-74 # Yes: 302 No: 507 Fayette 3848 Abolish office of Treasurer 11-5-74 # Yes: 1928 No: 1616 Fayette 3030 Town of Tyrone 5-23-74 Yes: 77 No: 29 Fulton 2497 City of East Point 8-13-74 * Yes: 3378 No: 2852 Heard 2347 Town of Centralhatchee re-created 6-8-74 Yes: 9 No: 2 Long 2878 Board of Education members compensation 8-13-74 * Yes: 311 No. 303 Lowndes 2311 Town of Dasher 6-1-74 Yes: 31 No: 31 Newton 2978 City of Covington 12-4-74 Yes: 368 No: 674 Richmond 2105 1. Consolidation of City of Augusta and Richmond County government 5-14-74 City Vote (3 elections held on same date) Yes: 4833 No: 2928 County Vote Yes: 5801 No: 7106 2. Election of Sheriff for Richmond Cty Yes: 11,431 3. Election of Board of Public Safety of Richmond County Yes: 6,575 Stephens 2037 Choice of 5 types of government for the County 4-9-74 Ques. 1 122 votes Ques. 2 396 votes ** ** Effective Question is No. 2. Ques. 3 108 votes Ques. 4 98 votes Ques. 5 248 votes Troup 2203 City of Hogansville 6-5-74 Inside City Yes: 57 No: 33 Outside City Yes: 13 No: 43 Upson 2023 County Board of Education created 4-9-74 Yes: 594 No: 111 Wilkes 3510 Appoint county school superintendent 11-5-74 # Yes: 739 No: 1274 All counties 186 The Common Day of Rest Act 11-5-74 # See results below *** *** Common Day of Rest Act. 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. 8-8-72 Date State Wide Primary Election. 11-7-72 Date General Election. End of Listing for: Georgia Laws 1973, Jan../Feb. Session.

Page 5104

GENERAL ELECTION Date 11-5-74 Common Day of Rest Act of 1974 Ga. L. 1974, p. 186. COUNTY Yes No Appling 590 692 Atkinson 274 245 Bacon 300 603 Baker 109 253 Baldwin 1,901 1,989 Banks 566 709 Barrow 1,501 1,830 Bartow 1,704 2,407 Ben Hill 578 1,127 Berrien 442 1,142 Bibb 8,536 12,667 Bleckley 439 888 Brantley 189 303 Brooks 341 916 Bryan 344 447 Bulloch 1,604 2,441 Burke 545 797 Butts 786 929 Calhoun 166 429 Camden 367 430 Candler 187 231 Carroll 3,696 4,391 Catoosa 1,440 1,424 Charlton 177 198 Chatham 14,278 12,039 Chattahoochee 153 116 Chattooga 1,322 1,281 Cherokee 2,424 2,830 Clarke 6,525 4,853 Clay 116 242 Clayton 9,965 10,231 Clinch 144 379 Cobb 25,632 21,237 Coffee 629 1,493 Colquitt 1,168 2,701 Columbia 1,113 1,687 Cook 423 978 Coweta 2,622 2,470 Crawford 338 455 Crisp 537 1,303 Dade 485 317 Dawson 515 199 Decatur 579 958 DeKalb 54,127 40,882 Dodge 470 1,835 Dooly 314 684 Dougherty 3,887 8,146 Douglas 2,958 2,815 Early 297 1,084 Echols 66 74 Effingham 627 1,039 Elbert 998 1,765 Emanuel 803 1,353 Evans 231 676 Fannin 829 729 Fayette 1,752 2,153 Floyd 5,764 7,222 Forsyth 1,415 1,576 Franklin 513 1,502 Fulton 56,902 38,497 Gilmer 674 825 Glascock 96 201 Glynn 2,067 2,658 Gordon 1,477 1,428 Grady 524 1,273 Greene 962 1,101 Gwinnett 8,846 10,024 Habersham 1,215 1,281 Hall 5,111 3,714 Hancock 363 503 Haralson 1,289 1,616 Harris 908 1,322 Hart 420 1,408 Heard 351 417 Henry 2,125 2,638 Houston 4,338 5,170 Irwin 285 676 Jackson 2,166 2,042 Jasper 352 493 Jeff Davis 250 522 Jefferson 405 1,380 Jenkins 279 489 Johnson 373 990 Jones 826 1,147 Lamar 748 855 Lanier 115 290 Laurens 1,839 3,649 Lee 410 837 Liberty 385 567 Lincoln 236 565 Long 149 254 Lowndes 2,069 3,382 Lumpkin 1,043 504 Macon 541 765 Madison 731 883 Marion 167 368 McDuffie 707 1,336 McIntosh 508 418 Meriwether 1,501 1,520 Miller 83 210 Mitchell 697 1,688 Monroe 906 1,058 Montgomery 206 611 Morgan 791 1,186 Murray 414 492 Muscogee 10,456 12,112 Newton 1,832 2,364 Oconee 848 877 Oglethorpe 698 684 Paulding 1,350 1,643 Peach 874 1,339 Pickens 536 443 Pierce 311 540 Pike 652 713 Polk 1,973 2,009 Pulaski 430 566 Putnam 565 545 Quitman 85 142 Rabun 618 701 Randolph 334 790 Richmond 7,477 11,596 Rockdale 1,811 2,032 Schley 117 171 Screven 514 740 Seminole 309 588 Spalding 2,867 3,258 Stephens 698 1,673 Stewart 183 329 Sumter 1,119 1,925 Talbot 320 326 Taliaferro 70 192 Tattnall 484 960 Taylor 520 741 Telfair 359 977 Terrell 456 1,062 Thomas 1,315 2,173 Tift 940 1,716 Toombs 975 1,640 Towns 535 247 Treutlen 333 630 Troup 2,550 3,831 Turner 334 870 Twiggs 427 696 Union 1,330 548 Upson 2,145 2,115 Walker 2,104 2,264 Walton 1,397 1,786 Ware 1,363 1,910 Warren 173 364 Washington 1,035 2,037 Wayne 660 1,118 Webster 99 127 Wheeler 257 698 White 941 562 Whitfield 2,030 2,274 Wilcox 239 759 Wilkes 439 1,531 Wilkinson 395 765 Worth 423 1,203 TOTAL End of Listing for: Georgia Laws 1974, Jan./Feb. Session. Footnote: The Common Day of Rest Act of 1974 was declared unconstitutional in part by the Georgia Supreme Court in Rutledge v. Gaylord's, Inc., 233 Ga. 694, decided February 13, 1975.

Page 5107

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, sixteen (16) general Constitutional Amendments were published and submitted to the electors of the State of Georgia for ratification at the General Election held on November 5, 1974; and WHEREAS: The number of votes cast for and against the sixteen (16) general Constitutional Amendments voted on in the General Election held November 5, 1974, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certification is attached hereto and by reference is made a part hereof. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS OF ARTICLE XIII, SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945, AS AMENDED, IT IS HEREBY PROCLAIMED: That the proposed general Constitutional Amendments numbered 1, 2, 4, 5, 6, 8, 9, 12, 13, 14, 15 and 16 on the ballot, having been ratified according to the Constitution of the State of Georgia according to the results of the November 1974 General Election held on Tuesday, November 5, 1974, are a part of the Constitution of the State of Georgia. Unless the amendment itself shall provide otherwise, each amendment to the Constitution shall become effective on January 1, 1975. FURTHER: I do further proclaim that the proposed general Constitutional Amendments numbered 3, 7, 10 and 11 on the ballot, not having been ratified according to the Constitution of the State of Georgia according to the results of the November 1974 General Election held on Tuesday, November 5, 1974, are not 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 5108

State Capitol in the City of Atlanta on this the 16th day of December 1974, and of the Independence of the United States of America, the One Hundred and Ninety-ninth. I, BEN W. FORTSON, JR., Secretary of State of the State of Georgia, do hereby certify that in the General Election held in this State November 5, 1974, the number of votes cast for and against the sixteen (16) general Constitutional Amendments voted on in said election are tabulated on the four typewritten pages hereto attached and is the true and correct total vote as shown by the consolidated returns which are filed 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 18th day of November, in the year of our Lord One Thousand Nine Hundred and Seventy-four and of the Independence of the United States of America the One Hundred and Ninety-ninth.

Page 5109

FOR AGAINST 1. (Ga. L. 1973 P. 1486) Shall the Constitution be amended so as to provide that all courts of the State shall be a part of one unified judicial system and to provide that the administration of the unified judicial system shall be as provided by law? 370,697 252,155 2. (Ga. L. 1974 P. 1652) Shall the Constitution be amended so as to authorize the General Assembly to provide by law, from time to time, for the increase of retirement, or pension benefits of retired public schoolteachers who retired pursuant to a retirement or pension system of a county, municipality or local board of education? 441,428 195,078 3. (Ga. L. 1973 P. 1502) Shall the Constitution be amended so as to confer the authority to grant corporate powers and privileges to private companies to the Secretary of State? 224,133 354,608 4. (Ga. L. 1974 P. 1648) Shall the Constitution be amended so as to change the name and designation of the office of Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively? 369,955 215,608 5. (Ga. L. 1973 P. 1489) Shall the Constitution be amended so as to authorize the General Assembly to create and establish a State Court of Claims whereby persons who have suffered injury or damage caused by the State, its agencies or political subdivisions, shall have a means of obtaining relief therefor, and to provide that the Supreme Court and the Court of Appeals of Georgia shall have original jurisdiction to try and correct errors of law from such State Court of Claims? 456,509 140,412 6. (Ga. L. 1974 P. 1704) Shall the Constitution be amended so as to provide that in order to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which held in this State for manufacturing or processing purposes, shall be exempt from all ad valorem taxation? 338,025 242,830 7. (Ga. L. 1973 P. 1496) Shall the Constitution be amended so as to delete therefrom the requirement that a majority of the registered voters of a political subdivision desiring to issue revenue certificates to buy, construct, extend, operate and maintain gas or electric generating and distribution systems must participate in the election authorizing such actions? 277,291 279,426 8. (Ga. L. 1974 P. 1811) Shall the Constitution be amended so as to provide that the debt incurred by any county, municipal corporation or political subdivision shall never exceed ten (10) per centum of the assessed value of all the taxable property therein? 357,664 209,436 9. (Ga. L. 1974 P. 1663) Shall the Constitution be amended to authorize the General Assembly to allow municipal corporations having a population of more than 400,000 according to the last or any future United States Decennial Census to carry out and enforce the removal or demolition, or closing of certain buildings and structures from private premises and the clearing of premises, not necessarily within a slum or blighted area, at public expense to constitute a lien on the property after an administrative hearing and a determination that such properties or structures are unfit for human habitation or use and are economically unrepairable? 10. (Ga. L. 1974 P. 1666) Shall the Constitution be amended so as to expand and to authorize the General Assembly to increase or reduce the purposes for which revenue anticipation obligations may be issued by any county, municipality or political subdivision of this State? 240,325 290,897 11. (Ga. L. 1974 P. 1671) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the payment of $250,000 to the first person, firm or corporation, or combination thereof, which establishes a plant for the commercial production of aluminum ore (alumina or aluminum chloride) from kaolin and produces a minimum of 300,000 tons annually? 260,562 291,292 12. (Ga. L. 1973 P. 1493) Shall the Constitution be amended so as to provide that in all cities of this State having a population of more than 300,000, as disclosed by the United States Decennial Census of 1970, or any such future census, the governing authority shall be authorized to provide, from time to time, for the increase of retirement or pension benefits of persons who who have retired from employment with any such municipal corporation pursuant to any retirement system, annuity and benefit fund, pension system or similar system heretofore or hereafter created by law, and to authorize such municipal corporations to appropriate funds for such purposes? 325,017 221,938 13. (Ga. L. 1974 P. 1648) Shall the Constitution be amended so as to exclude retirement, pension or disability benefits, up to a certain maximum amount, as income for the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000.00? 436,119 161,803 14. (Ga. L. 1973 P. 1506) Shall the Constitution be amended so as to create the City of Covington 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 Covington and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Covington 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 Covington? 243,733 228,414 15. (Ga. L. 1974 P. 1738) Shall the Constitution be amended so as to create the Downtown Savannah 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 Savannah and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Savannah to contract with the Authority and to authorize said City to levy taxes and to expend tax monies 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 Savannah? 248,793 222,061 16. (Ga. L. 1974 P. 1781) Shall the Constitution be amended so as to create the Douglasville-Douglas County Stadium Authority? 245,456 228,847

Page 5113

A PROCLAMATION BY THE GOVERNOR: WHEREAS: Pursuant to the provisions of Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended, sixty-three (63) local Constitutional Amendments were published and submitted to the electors of the State of Georgia for ratification at the General Election held on November 5, 1974; and WHEREAS: The number of votes cast for and against the sixty-three (63) local Constitutional Amendments voted on in the General Election held November 5, 1974, have been counted, tabulated, computed and canvassed by the Secretary of State of the State of Georgia, and the results thereof certified to me as Governor of the State of Georgia; and WHEREAS: Said certification is attached hereto and by reference is made a part hereof. NOW, THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, PARTICULARLY BY VIRTUE OF THE PROVISIONS OF ARTICLE XIII, SECTION I, PARAGRAPH I OF THE CONSTITUTION OF GEORGIA OF 1945, AS AMENDED, IT IS HEREBY PROCLAIMED: That the proposed local Constitutional Amendments numbered 17, 18, 19, 20, 21, 23, 24, 26, 27, 28, 29, 31, 32, 34, 35, 37, 38, 40, 41, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 70, 71, 72, 73, 74, 75, 76, 77, 78 and 79 on the ballot, having been ratified according to the Constitution of the State of Georgia according to the results of the November 1974 General Election held on Tuesday, November 5, 1974, are a part of the Constitution of the State of Georgia. Unless the amendment itself shall provide otherwise each amendment to the Constitution shall become effective on January 1, 1975. FURTHER: I do further proclaim that the proposed local Constitutional Amendments numbered 22, 25, 30, 33, 36, 39, 42, 43, 44, 57 and 69 on the ballot, not having been ratified according to the Constitution of the State of Georgia according to the results of the November 1974 General Election held on Tuesday, November 5, 1974, are not 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 5114

State Capitol in the City of Atlanta on this the 16th day of December, 1974, and of the Independence of the United States of America, the One Hundred and Ninety-Ninth. I, BEN W. FORTSON, JR., Secretary of State of the State of Georgia, do hereby certify, that in the General Election held in this State on November 5, 1974, the number of votes cast for and against the sixty-three (63) local Constitutional Amendments voted on in said election are tabulated on the attached fourteen typewritten pages and is a true and correct total vote as shown by the consolidated returns which are 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 18th day of November, in the year of our Lord One Thousand Nine Hundred and Seventy-four and of the Independence of the United States of America the One Hundred and Ninety-ninth.

Page 5115

FOR AGAINST 17. (Ga. L. 1974 P. 1708) APPLING COUNTY 910 407 Shall the Constitution be amended so as to authorize taxation and the expenditure of public funds by the governing authority of Appling County for the development of trade, commerce, industry, and employment opportunities within Appling County? 18. (Ga. L. 1974 P. 1706) BIBB COUNTY 15,770 4,549 City of Macon 13,145 3,724 City of Payne 42 9 Shall the Constitution be amended so as to provide that in order to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in Bibb County for manufacturing or processing purposes, shall be exempt from all ad valorem taxation, except State ad valorem taxation? 19. (Ga. L. 1974 P. 1724) BIBB COUNTY Bibb County School District 9,399 8,122 Shall the Constitution be amended so as to provide for the compensation of the elective members of the Board of Public Education and Orphanage of Bibb County and to authorize the General Assembly to hereafter provide by local law for such compensation without the necessity of any such local law being approved in a referendum election thereon? 20. (Ga. L. 1974 P. 1754) BIBB COUNTY 10,482 1,344 City of Macon 8,849 5,899 Shall the Constitution be amended so as to permit the governing authorities of the County of Bibb and of the City of Macon to appropriate, with limitations, properties, monies and services directly, or through the Macon-Bibb County Urban Development Authority, for the purposes of acquiring, constructing, improving, altering, repairing and maintaining properties within Bibb County, Georgia, so as to develop and redevelop urban, central city and downtown areas located within the County of Bibb; to provide for the power of eminent domain to be exercised with limitations by the Macon-Bibb County Urban Development Authority; to ratify and confirm an act of the General Assembly of Georgia creating the Macon-Bibb County Urban Development Authority; and for other purposes? 21. (Ga. L. 1974 P. 1696) BRYAN COUNTY 424 360 Shall the Constitution be amended so as to change the membership of the Bryan County Industrial Development Authority? 22. (Ga. L. 1974 P. 1758) BULLOCH COUNTY Bulloch County School District 1,335 3,006 Shall the Constitution be amended so as to provide that the School Superintendent of the Bulloch County School System shall be appointed by the Bulloch County Board of Education rather than elected by the voters of the Bulloch County School District? 23. (Ga. L. 1974 P. 1702) CARROLL COUNTY City of Bowden 395 85 Shall the Constitution be amended so as to provide that the homestead of residents of the City of Bowden who are 65 years of age or over and have limited incomes shall be granted a homestead exemption of $6,000 from all ad valorem taxation by said city? 24. (Ga. L. 1974 P. 1692) CHATHAM COUNTY Chatham County School District 14,952 6,589 Shall the Constitution be amended so as to authorize an increase in retirement benefits of persons retired under the retirement system of the Board of Public Education for the City of Savannah and the County of Chatham? 25. (Ga. L. 1974 P. 1759) CHATHAM COUNTY 8,262 11,818 Shall the Constitution be amended so as to authorize the governing authority of Chatham County to enter into contracts and other agreements including the execution of security 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 forty (40) years with individuals, private firms and corporations for the lease, lease-purchase, purchase and acquisition of 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 (3) land and buildings as a parking lot, parking garage and parking decks and other facilities useful or desirable in connection therewith to be utilized by Chatham County residents and others while transacting business in and about the Courthouse of Chatham County, Georgia, which is declared to be an essential public purpose to alleviate traffic congestion thereby protecting the lives and property of those using the streets in and about the Courthouse of Chatham County, Georgia, and to obligate said county to pay for the use of the land and buildings and related facilities from tax funds and other sources; and to provide that any obligation made by Chatham 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? 26. (Ga. L. 1974 P. 1772) CHATHAM COUNTY 12,395 7,177 Shall the Constitution be amended so as to create the General Hospital Authority of West Chatham County to be activated by the adoption of a resolution by the governing authority of Chatham County? 27. (Ga. L. 1974 P. 1694) CLAYTON COUNTY City of Forest Park 3,115 369 Shall the Constitution be amended so as to provide that each resident of the City of Forest Park who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $4,000 from all ad valorem taxation by said city and to provide that federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse? 28. (Ga. L. 1974 P. 1718) CLAYTON COUNTY City of Riverdale 697 47 Shall the Constitution be amended so as to provide that each resident of the City of Riverdale who is 65 years of age or over and who does not have an income from all sources exceeding $4,000 per annum, including the income of his spouse who also occupies and resides at such homestead, shall be granted a homestead exemption of $2,000 from all ad valorem taxation by said city and to provide that federal old-age, survivor or disability benefits shall not be counted in the computation of income for either the resident and owner of the homestead or his spouse? 50. (Ga. L. 1974 P. 1768) CLAYTON COUNTY City of College Park in Clayton County 398 41 City of College Park in Fulton County 2,340 207 Shall the Constitution be amended so as to provide for homestead exemption for resident homeowners of the City of College Park in an amount of two thousand dollars ($2,000.00) for resident homeowners under the age of 65 and in an amount of four thousand dollars ($4,000.00) for resident homeowners who are totally disabled or are 65 years of age or older? 29. (Ga. L. 1973 P. 1522) COBB COUNTY 36,125 6,091 Cobb County School District 32,430 5,497 Shall the Constitution be amended so as to provide a homestead exemption of $6,000.00 from all Cobb County ad valorem taxes, including ad valorem taxes for the Cobb County school district, for residents of Cobb County who are disabled and who have a net income not exceeding $6,000.00 for the immediately preceding taxable year? 30. (Ga. L. 1973 P. 1527) COBB COUNTY 17,474 21,281 Shall the Constitution be amended so as to authorize the General Assembly to provide by local law for the exercise of the planning and zoning powers within Cobb County; provided, however, that the ultimate planning and zoning decisions made pursuant hereto shall be made by the elected planning and zoning commissioners from Cobb County, by the planning and zoning commissioner appointed by the Board of Commissioners of Cobb County and by the planning and zoning commissioner appointed by the Board of Education of Cobb County? 31. (Ga. L. 1974 P. 1730) COBB COUNTY Cobb County School District 26,568 8,637 Marietta School District 3,053 908 Shall the Constitution be amended so as to provide that the governing authorities of Cobb County and of each incorporated municipality located within Cobb County shall pay one-half of the revenues, after deducting administrative costs of not more than ten percent, derived from taxes authorized by the `Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors', approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103) as the same may now or hereafter be amended, excluding business license fees, on the wholesale and retail sale of alcoholic beverages and liquors to the boards of education of the county or independent school district within the area from which such tax revenues were derived? 32. (Ga. L. 1974 P. 1763) COBB COUNTY Cobb County School District 17,190 14,290 Shall the Constitution be amended so as to authorize the General Assembly to exercise all of those powers enumerated and authorized in Article VIII, Section V, Paragraph II of the Constitution of Georgia with respect to the Cobb County School District without the necessity of repeated periodic referendums at public expense? 33. (Ga. L. 1974 P. 1798) COBB COUNTY 17,373 21,691 Shall the Constitution be amended so as to create the Board of Elections of Cobb County and to provide for a Superintendent of Elections? 34. (Ga. L. 1974 P. 1700) COWETA COUNTY City of Newnan 994 651 Shall the Constitution be amended so as to designate the Board of Water, Sewerage and Light Commissioners of the City of Newnan as the sole operational body for the utility systems of said City, and to grant to said Board full and complete operational powers and authority over said systems? 49. (Ga. L. 1974 P. 1766) COWETA COUNTY City of Palmetto in Coweta County 11 1 City of Palmetto in Fulton County 273 33 Shall the Constitution be amended so as to provide that residents of the City of Palmetto who are sixty-five years of age or older and who do not have an income from all sources exceeding $4,000.00 shall be granted an exemption of $4,000.00 on their homestead from all ad valorem taxation? 35. (Ga. L. 1973 P. 1491) DeKALB COUNTY City of Atlanta in DeKalb County 2,545 450 City of Atlanta in Fulton County 39,040 9,638 Shall the Constitution be amended to grant a homestead exemption in all taxable years beginning after December 31, 1974, from all except certain ad valorem taxation by the City of Atlanta and to fix the amount of such exemption at $10,000.00 for certain residents of the City who have attained the age of 65 years and have an annual adjusted gross income not exceeding $8,000.00 and at $5,000.00 for certain other residents of the City of Atlanta under certain circumstances? 36. (Ga. L. 1974 P. 1660) DeKALB COUNTY City of Atlanta in DeKalb County 1,139 1,624 City of Atlanta in Fulton County 20,773 25,370 Shall the Constitution be amended so as to authorize the City of Atlanta under certain circumstances to levy ad valorem taxes not to exceed 2 mills in any calendar year to pay the principal of and the interest on revenue obligations issued from time to time by said City? 37. (Ga. L. 1974 P. 1669) DeKALB COUNTY DeKalb County School District 59,935 14,339 Shall the Constitution be amended so as to exempt from ad valorem taxation for educational purposes levied by the DeKalb County School District the homestead, but not to exceed $10,000.00 of its assessed value, of any resident of such county school district who is sixty-two years of age or older, and who has income from all sources, including income from all sources of all members of his family, not exceeding $6,000.00 per annum? 38. (Ga. L. 1974 P. 1720) DeKALB COUNTY 53,134 23,167 Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the abolishment of the fee system of compensating justices of the peace and notary public ex officio justices of the peace of DeKalb County and to provide a salary for said officers in lieu of said fees and for qualifications for said officers and for other matters relative to the foregoing? 39. (Ga. L. 1974 P. 1779) DeKALB COUNTY 28,120 50,895 Shall the Constitution be amended so as to authorize DeKalb County, Georgia, to issue in any one year general obligation bonds not in excess of $4,000,000 in principal amount for lawful public purposes without an election, but subject to certain limitations? 40. (Ga. L. 1974 P. 1654) DOUGHERTY COUNTY 6,818 3,196 Shall the Constitution be amended so as to abolish the office of Tax Commissioner of the County of Dougherty and to delegate to the governing authority of the County of Dougherty authority to merge, by resolution, and without an enabling act of the General Assembly of Georgia, the Board of Tax Assessors, and the Departments, offices, officers and functions of the County of Dougherty relating to the return and assessment of property for taxation, notice of property assessment, hearings, appeals, arbitration and reviews of property assessments, liens, priority of liens, and enforcement and collection of ad valorem taxes levied by the County of Dougherty and State of Georgia, and other matters relating to or incident to the same? 41. (Ga. L. 1974 P. 1770) DOUGHERTY COUNTY 6,780 3,750 Shall the Constitution be amended so as to authorize Dougherty County to issue franchises for the collection of garbage in unincorporated areas of Dougherty County? 42. (Ga. L. 1973 P. 1499) FLOYD COUNTY 5,857 6,303 Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the abolishment of the office of Coroner of Floyd County and to create the office of medical examiner of Floyd County? 43. (Ga. L. 1974 P. 1732) FORSYTH COUNTY 1,279 1,882 Shall the Constitution be amended so as to provide for a Commission of Public Safety for Forsyth County, to provide for the establishment of a county police force and a chief of county police, and to provide for the powers of the Sheriff of Forsyth County? 44. (Ga. L. 1974 P. 1774) FORSYTH COUNTY 1,331 1,696 Shall the Constitution be amended so as to authorize and empower the Board of Commissioners of Forsyth 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 Forsyth County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Forsyth County? 35. (Ga. L. 1973 P. 1491) FULTON COUNTY City of Atlanta in Fulton County 39,040 9,638 City of Atlanta in DeKalb County 2,545 450 Shall the Constitution be amended to grant a homestead exemption in all taxable years beginning after December 31, 1974, from all except certain ad valorem taxation by the City of Atlanta and to fix the amount of such exemption at $10,000.00 for certain residents of the City who have attained the age of 65 years and have an annual adjusted gross income not exceeding $8,000.00 and at $5,000.00 for certain other residents of the City of Atlanta under certain circumstances? 36. (Ga. L. 1974 P. 1660) FULTON COUNTY City of Atlanta in Fulton County 20,773 25,370 City of Atlanta in DeKalb County 1,139 1,624 Shall the Constitution be amended so as to authorize the City of Atlanta under certain circumstances to levy ad valorem taxes not to exceed 2 mills in any calendar year to pay the principal of and the interest on revenue obligations issued from time to time by said City? 45. (Ga. L. 1973 P. 1495) FULTON COUNTY City of East Point 4,993 2,456 Shall the Constitution be amended so as to authorize an increase in retirement benefits of retired employees of the City of East Point? 46. (Ga. L. 1974 P. 1657) FULTON COUNTY 69,160 14,016 Fulton County School District 27,514 5,403 Shall the Constitution be amended so as to provide a homestead exemption of $10,000.00 from all Fulton County and Fulton County school ad valorem taxes for residents of Fulton County who are 65 years of age or older or disabled and who have a net income not exceeding $8,000.00 for the immediately preceding taxable year? 47. (Ga. L. 1974 P. 1673) FULTON COUNTY City of East Point 6,709 828 Shall the Constitution be amended so as to provide that residents of the City of East Point 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 $5,000.00 per annum, shall be granted a homestead exemption of $5,000.00 from ad valorem taxation by said City? 48. (Ga. L. 1974 P. 1686) FULTON COUNTY City of Hapeville 1,357 149 Shall the Constitution be amended so as to change the homestead exemption for residents of the City of Hapeville who are age 65 or over or who are totally disabled from $4,000 to $6,500 and to provide for homestead exemption for resident homeowners of the City of Hapeville in an amount not to exceed $2,500 from ad valorem taxation by said city? 49. (Ga. L. 1974 P. 1766) FULTON COUNTY City of Palmetto in Fulton County 273 33 City of Palmetto in Coweta County 11 1 Shall the Constitution be amended so as to provide that residents of the City of Palmetto who are sixty-five years of age or older and who do not have an income from all sources exceeding $4,000.00 shall be granted an exemption of $4,000.00 on their homestead from all ad valorem taxation? 50. (Ga. L. 1974 P. 1768) FULTON COUNTY City of College Park in Fulton County 2,340 207 City of College Park in Clayton County 398 41 Shall the Constitution be amended so as to provide for homestead exemption for resident homeowners of the City of College Park in an amount of two thousand dollars ($2,000.00) for resident homeowners under the age of 65 and in an amount of four thousand dollars ($4,000.00) for resident homeowners who are totally disabled or are 65 years of age or older? 51. (Ga. L. 1974 P. 1809) FULTON COUNTY 54,645 24,208 Shall the Constitution be amended so as to authorize the governing authority of Fulton County to provide 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 created for the benefit of employees of Fulton County? 52. (Ga. L. 1973 P. 1504) GORDON COUNTY 1,294 813 Shall the Constitution be amended so as to authorize Gordon County to appropriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of said county? 53. (Ga. L. 1973 P. 1505) GORDON COUNTY City of Calhoun 632 197 Shall the Constitution be amended so as to authorize the City of Calhoun to appropriate to HAND UP, INC., a sum not to exceed $5,000.00 per annum out of the public funds of said city? 54. (Ga. L. 1974 P. 1691) GWINNETT COUNTY City of Norcross 599 44 Shall the Constitution be amended so as to provide a homestead exemption of $2,000.00 from all ad valorem taxes levied by the City of Norcross for persons 62 years of age or over? 55. (Ga. L. 1974 P. 1722) GWINNETT COUNTY City of Sugar Hill 380 27 Shall the Constitution be amended so as to provide that residents of the City of Sugar Hill who are 62 years of age or over, or who are totally disabled, and who have an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City? 56. (Ga. L. 1974 P. 1726) GWINNETT COUNTY City of Snellville 1,424 83 Shall the Constitution be amended so as to provide that residents of the City of Snellville who are 65 years of age or over or who are totally disabled shall be granted a homestead exemption of $2,000.00 from ad valorem taxation by said City? 57. (Ga. L. 1974 P. 1776) GWINNETT COUNTY 6,915 9,946 Shall the Constitution be amended so as to authorize the governing authority of Gwinnett County to levy an annual tax not to exceed two mills per dollar on all taxable property located in Gwinnett County and to provide that the proceeds of such tax shall be used to pay or to be applied toward the cost of operating and maintaining the water and sewerage system of Gwinnett County or the water or water and sewerage system of the Gwinnett County Water and Sewerage Authority, or both, to pay, in whole or in part, the principal of and interest on water and sewerage revenue bonds heretofore issued and hereafter issued, from time to time, by Gwinnett County or water or water and sewerage revenue bonds of the Gwinnett County Water and Sewerage Authority, or both, and to provide funds for making additions, extensions and improvements to said water and sewerage system or water or water and sewerage system, or both? 58. (Ga. L. 1974 P. 1796) GWINNETT COUNTY 14,877 2,720 Shall the Constitution be amended so as to provide that residents of Gwinnett County who are totally disabled shall be granted a homestead exemption of $4,000.00 from all ad valorem taxation by said County? 59. (Ga. L. 1974 P. 1798) GWINNETT COUNTY 12,606 4,438 Shall the Constitution be amended so as to empower the Board of Commissioners of Gwinnett County, Georgia, to impose speed limits on all public roads and streets in the unincorporated area of Gwinnett County, to establish weight limits on bridges, on public roads and streets in the unincorporated area of Gwinnett County, to establish truck routes along public roads in Gwinnett County, to prohibit the use of public roads and streets by persons operating trucks and other heavy equipment where such operation would tend to endanger the safety of other persons traveling on said roads and streets or may cause damage to the paving, curbing, storm drains, road bed or other portions of said public roads or streets, to provide for punishment of violators of any duly adopted Gwinnett County Ordinance by a fine for each offense or confinement in the Gwinnett County Jail, or both, with said fine or punishment, or both, to be imposed by the Judge of the Gwinnett County Recorder's Court or any court which may hereafter be created by the General Assembly of the State of Georgia with authority to impose fines and imprison persons for violation of county ordinances? 60. (Ga. L. 1974 P. 1807) GWINNETT COUNTY 10,246 6,810 Shall the Constitution be amended so as to empower the Board of Commissioners of Gwinnett County to license and regulate businesses and levy a license tax on businesses in Gwinnett County, to license and regulate businesses and levy a license tax on businesses in the unincorporated area of Gwinnett County, to grant exclusive and nonexclusive franchises to businesses engaged in solid waste collection and disposal, ambulance service and cable television, authorizing said businesses to conduct said activities within a part or all of the unincorporated area of Gwinnett County? 61. (Ga. L. 1974 P. 1735) HALL COUNTY 4,481 3,575 Shall the Constitution be amended so as to enlarge and change the power of the General Assembly in relation to the system and administration of taxation and public revenue in Hall County, Georgia, by authorizing the General Assembly to prescribe by law the time for making levies and assessments, the manner in which tax bills and notices shall be prepared, the number, form and content of tax bills and notices, the time for payment of taxes and other charges, either in installments or in one sum, the time default shall occur, the manner in which tax payments shall be apportioned, the forms, equipment, devices and machinery to be used in the administration of the tax and public revenue system in said county, and to authorize the General Assembly to delegate certain such powers? 62. (Ga. L. 1973 P. 1500) HOUSTON COUNTY City of Perry 1,146 307 Shall the Constitution be amended so as to increase the homestead exemption of the City of Perry for persons over 65 years of age and to increase the maximum allowable income of such persons from a homestead exemption of $2,000.00 and maximum allowable income of $4,000.00 to a homestead exemption of $4,000.00 and a maximum allowable income of $6,000.00. 63. (Ga. L. 1973 P. 1525) HOUSTON COUNTY 5,564 3,258 Shall the Constitution be amended so as to authorize and empower the governing authority of Houston 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 Houston County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Houston County? 64. (Ga. L. 1974 P. 1728) HOUSTON COUNTY 7,386 2,124 Shall the Constitution be amended so as to authorize the Board of Education of Houston County to make grants for the purpose of educating and training certain handicapped citizens of Houston County? 65. (Ga. L. 1974 P. 1689) JACKSON COUNTY 3,270 989 Shall the Constitution be amended so as to empower the members of the Division of Investigation of the Department of Public Safety or of any successor agency to such Division to make arrests, serve and execute warrants and enforce those criminal laws of the State of Georgia involving felonies within the boundaries of Jackson County and to provide that such members are hereby granted and may exercise the same powers as other law enforcement officers when enforcing such laws? 66. (Ga. L. 1974 P. 1711) LOWNDES COUNTY City of Valdosta 2,350 732 Shall the Constitution be amended so as to establish the Central Valdosta Development Authority and to provide for the powers, duties and responsibilities of said Authority? 67. (Ga. L. 1974 P. 1715) LOWNDES COUNTY 2,876 1,493 City of Valdosta 2,569 1,005 Shall the Constitution be amended so as to delegate to the respective governing authorities of the City of Valdosta and County of Lowndes authority to merge and consolidate, by joint resolution, and with or without an enabling act of the General Assembly of Georgia, the offices, officers and functions of the City of Valdosta and the County of Lowndes relating to the time, manner and method for the return, collection, property assessment, notice of property assessment, hearing, appeal, arbitration or review of property assessment, lien, priority of lien and collection of ad valorem taxes, levied by the City of Valdosta, County of Lowndes and State of Georgia and respecting any and all other matters relating or incident to the same? 68. (Ga. L. 1974 P. 1684) MACON COUNTY 887 855 Shall the Constitution be amended so as to authorize the governing authority of Macon County to impose a county registration fee on each vehicle registration in said County and to use the proceeds of such fee for the payment of obligations incurred in connection with the construction and/or operation of a county-wide general hospital and related facilities? 69. (Ga. L. 1974 P. 1683) McDUFFIE COUNTY 423 1,206 Shall the Constitution be amended so as to permit McDuffie County to levy an ad valorem tax of one (1) mill to be paid to the Development Authority of McDuffie County. 70. (Ga. L. 1974 P. 1676) MUSCOGEE COUNTY Muscogee County School District 19,823 3,700 Shall the Constitution be amended so as to provide that the homestead of each resident of the Muscogee County School District who is 62 years of age or over and has a limited income shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system? 71. (Ga. L. 1974 P. 1678) MUSCOGEE COUNTY Muscogee County School District 16,895 4,370 Shall the Constitution be amended so as to provide that the homestead of each resident of the Muscogee County School District shall be granted a $2,000 homestead exemption from ad valorem taxation for school purposes. 72. (Ga. L. 1973 P. 1487) OCONEE COUNTY 1,061 337 Shall the Constitution be amended so as to authorize the Board of Commissioners of Oconee County to regulate pedestrian and vehicular traffic upon roads within the county which are maintained either wholly or in part from the funds of Oconee County? 73. (Ga. L. 1974 P. 1698) RICHMOND COUNTY 10,669 6,650 Shall the Constitution be amended so as to permit the governing authority of the County of Richmond to appropriate property, money and services for the purpose of advertising and promoting the agricultural, industrial, historic, recreational and natural resources, facilities and assets of Richmond County, and for the purpose of promoting and encouraging the location and expansion of industrial and commercial facilities and attracting tourists and conventions to said county? 74. (Ga. L. 1974 P. 1709) RICHMOND COUNTY 10,057 7,844 Shall the Constitution be amended so as 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? 75. (Ga. L. 1974 P. 1814) RICHMOND COUNTY 7,481 4,895 Shall the Constitution be amended so as to provide that any legislation providing for the consolidation and merger of county and municipal governments within Richmond County must be approved by a majority of those electors affected voting in a referendum? 76. (Ga. L. 1974 P. 1816) TELFAIR COUNTY Telfair County School District 484 298 Shall the Constitution be amended so as to provide that there shall be a 23 mill limitation on the annual school tax levy for the support and maintenance of education in Telfair County and to provide a procedure for the removal of such limitation? 77. (Ga. L. 1974 P. 1680) TIFT COUNTY City of Tifton 1,436 114 Shall the Constitution be amended so as to provide a homestead exemption from taxation in the amount of $2,000.00 to resident homeowners in the City of Tifton? 78. (Ga. L. 1974 P. 1681) TROUP COUNTY City of LaGrange 1,965 812 Shall the Constitution be amended so as to provide for the establishment of a Downtown LaGrange Development Authority and to provide for the powers, duties, and responsibilities of said authority? 79. (Ga. L. 1974 P. 1764) WARE COUNTY City of Waycros 1,566 684 Shall the Constitution be amended so as to provide for the establishment of a Downtown Waycross Development Authority and to provide for the powers, duties and responsibilities of said Authority?

Page 5135

For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State